I
104TH CONGRESS
1ST SESSION
H. R. 1122
To authorize and direct the Secretary of Energy to sell the Alaska Power
Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 1995
Mr. YOUNG of Alaska introduced the following bill; which was referred to the
Committee on Resources and, in addition, to the Committee on Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To authorize and direct the Secretary of Energy to sell
the Alaska Power Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I
SEC. 101. SHORT TITLE.
This Act may be cited as the ‘‘Alaska Power Adminis-
tration Sale Act’’.
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SEC. 102. SALE OF SNETTISHAM AND EKLUTNA HYDRO-
ELECTRIC PROJECTS.
(a) The Secretary of Energy is authorized and di-
rected to sell the Snettisham Hydroelectric Project (re-
ferred to in this Act as ‘‘Snettisham’’) to the State of
Alaska in accordance with the terms of this Act and the
February 10, 1989, Snettisham Purchase Agreement, as
amended, between the Alaska Power Administration of the
Department of Energy and the Alaska Power Authority.
(b) The Secretary of Energy is authorized and di-
rected to sell the Eklutna Hydroelectric Project (referred
to in this Act as ‘‘Eklutna’’) to the Municipality of An-
chorage doing business as Municipal Light and Power, the
Chugach Electric Association, Inc., and the Matanuska
Electric Association, Inc., (referred to in this Act as
‘‘Eklutna Purchasers’’) in accordance with the terms of
this Act and the August 2, 1989, Eklutna Purchase
Agreement, as amended, between the Department of En-
ergy and the Eklutna Purchasers.
(c) The heads of other Federal departments and
agencies, including the Secretary of the Interior, shall as-
sist the Secretary of Energy in implementing the sales au-
thorized and directed by this Act.
(d) The Secretary of Energy shall deposit sale pro-
ceeds in the Treasury of the United States to the credit
of miscellaneous receipts.
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(e) There are authorized to be appropriated such
sums as may be necessary to prepare or acquire Eklutna
and Snettisham assets for sale and conveyance. Such prep-
arations and acquisitions shall provide sufficient title to
ensure the beneficial use, enjoyment, and occupancy to the
purchasers of the asset to be sold.
SEC. 103. EXEMPTION.
(a)(1) After the sales authorized by this Act occur,
Eklutna and Snettisham, including future modifications,
shall continue to be exempt from the requirements of the
Federal Power Act (16 U.S.C. 791a et seq.).
(2) The exemption provided by paragraph (1) does
not affect the Memorandum of Agreement entered into be-
tween the State of Alaska, the Eklutna Purchasers, the
Alaska Energy Authority, and Federal fish and wildlife
agencies regarding the protection, mitigation of, damages
to, and enhancement of fish and wildlife, dated August
7, 1991, which remains in full force and effect.
(3) Nothing in this Act or the Federal Power Act pre-
empts the State of Alaska from carrying out the respon-
sibilities and authorities of the Memorandum of Agree-
ment.
(b)(1) The United States District Court for the Dis-
trict of Alaska has jurisdiction to review decisions made
under the Memorandum of Agreement and to enforce the
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provisions of the Memorandum of Agreement, including
the remedy of specific performance.
(2) An action seeking review of a Fish and Wildlife
Program (‘‘Program’’) of the Governor of Alaska under
the Memorandum of Agreement or challenging actions of
any of the parties to the Memorandum of Agreement prior
to the adoption of the Program shall be brought not later
than 90 days after the date of which the Program is
adopted by the Governor of Alaska, or be barred.
(3) An action seeking review of implementation of the
Program shall be brought not later than 90 days after the
challenged act implementing the program, or be barred.
(c) With respect to Eklutna lands described in Ex-
hibit A of the Eklutna Purchase Agreement:
(1) The Secretary of the Interior shall issue
rights-of-way to the Alaska Power Administration
for subsequent reassignment to the Eklutna Pur-
chasers—
(A) at no cost to the Eklutna Purchasers;
(B) to remain effective for a period equal
to the life of Eklutna as extended by improve-
ments, repairs, renewals, or replacements; and
(C) sufficient for the operation, mainte-
nance, repair, and replacement of, and access
to, Eklutna facilities located on military lands
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and lands managed by the Bureau of Land
Management, including land selected by the
State of Alaska.
(2) If the Eklutna Purchasers subsequently sell
or transfer Eklutna to private ownership, the Bu-
reau of Land Management may assess reasonable
and customary fees for continued uses of the right-
of-way on lands managed by the Bureau of Land
Management and military lands in accordance with
current law.
(3) Fee title to lands at Anchorage Substation
shall be transferred to Eklutna Purchasers at no ad-
ditional cost if the Secretary of the Interior deter-
mines that pending claims to, and selection of, those
lands are invalid or relinquished.
(4) With respect only to approximately 853
acres of Eklutna lands identified in paragraphs
1. a., b., and c. of Exhibit A of the Eklutna Pur-
chaser Agreement, the State of Alaska may select,
and the Secretary of the Interior shall convey, to the
State, improved lands under the selection entitle-
ments in section 6(a) of the Act of July 7, 1958
(Public Law 85–508) and the North Anchorage
Land Agreement of January 31, 1983. The convey-
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ance is subject to the rights-of-way provided to the
Eklutna Purchasers under paragraph (1).
(d) With respect to the approximately 2,671 acres of
Snettisham lands identified in paragraphs 1.a. and b. of
Exhibit A of the Snettisham Purchase Agreement, the
State of Alaska may select, and the Secretary of the Inte-
rior shall convey to the State, improved lands under the
selection entitlement in section 6(a) of the Act of July 7,
1958 (Public Law 85–508).
(e) Not later than 1 year after both of the sales au-
thorized in section 2 have occurred, as measured by the
Transaction Dates stipulated in the Purchase Agreements,
the Secretary of Energy shall—
(1) complete the business of, and close out, the
Alaska Power Administration;
(2) prepare and submit to Congress a report
documenting the sales; and
(3) return unused balances of funds appro-
priated for the Alaska Power Administration to the
Treasury of the United States.
(f) The Act of July 31, 1950 (64 Stat. 382) is re-
pealed effective on the date, as determined by the Sec-
retary of Energy, when all Eklutna assets have been con-
veyed to the Eklutna Purchasers.
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(g) Section 204 of the Flood Control Act of 1962
(Public Law 87–874; 76 Stat. 1193) is repealed effective
on the date, as determined by the Secretary of Energy,
when all Snettisham assets have been conveyed to the
State of Alaska.
(h) As of the later of the two dates determined in
subsections (f) and (g), section 302(a) of the Department
of Energy Organization Act (42 U.S.C. 7152(a)) is
amended—
(1) in paragraph (1)—
(A) by striking out subparagraph (C); and
(B) by redesignating subparagraphs (D),
(E), and (F) as subparagraphs (C), (D), and
(E) respectively;
(2) in paragraph (2), by striking out ‘‘the Bon-
neville Power Administration, and the Alaska Power
Administration’’ and inserting in lieu thereof ‘‘and
the Bonneville Power Administration’’.
(i) The Act of August 9, 1955 (69 Stat. 618), con-
cerning water resources investigation in Alaska, is re-
pealed.
(j) The sales of Eklutna and Snettisham under this
Act are not considered a disposal of Federal surplus prop-
erty under the following provisions of section 203 of the
Federal Property and Administration Services Act of 1949
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(40 U.S.C. 484) and section 13 of the Surplus Property
Act of 1944 (50 U.S.C. app. 1622).
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