Pub.L. 104-59 To amend title 23, United States Code, to provide for the designation of the National Highway System, and for other purposes. <> ...

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Public Law 104-58
104th Congress

                                 An Act


 
To authorize and direct the Secretary of Energy to sell the Alaska Power 
Administration, and to authorize the export of Alaska North Slope crude 
    oil, and for other purposes. <<NOTE: Nov. 28, 1995 -  [S. 395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

 TITLE I <<NOTE: Alaska Power Administration Asset Sale and Termination 
 Act. 42 USC 7152 note.>> --ALASKA POWER ADMINISTRATION ASSET SALE AND 
TERMINATION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Alaska Power Administration Asset 
Sale and Termination Act''.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) The term ``Eklutna'' means the Eklutna Hydroelectric 
        Project and related assets as described in section 4 and Exhibit 
        A of the Eklutna Purchase Agreement.
            (2) The term ``Eklutna Purchase Agreement'' means the August 
        2, 1989, Eklutna Purchase Agreement between the Alaska Power 
        Administration of the Department of Energy and the Eklutna 
        Purchasers, together with any amendments thereto adopted before 
        the enactment of this section.
            (3) The term ``Eklutna Purchasers'' means the Municipality 
        of Anchorage doing business as Municipal Light and Power, the 
        Chugach Electric Association, Inc. and the Matanuska Electric 
        Association, Inc.
            (4) The term ``Snettisham'' means the Snettisham 
        Hydroelectric Project and related assets as described in section 
        4 and Exhibit A of the Snettisham Purchase Agreement.
            (5) The term ``Snettisham Purchase Agreement'' means the 
        February 10, 1989, Snettisham Purchase Agreement between the 
        Alaska Power Administration of the Department of Energy and the 
        Alaska Power Authority and its successors in interest, together 
        with any amendments thereto adopted before the enactment of this 
        section.
            (6) The term ``Snettisham Purchaser'' means the Alaska 
        Industrial Development and Export Authority or a successor State 
        agency or authority.

[[Page 109 STAT. 558]]

SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.

    (a) Sale of Eklutna.--The Secretary of Energy is authorized and 
directed to sell Eklutna to the Eklutna Purchasers in accordance with 
the terms of this Act and the Eklutna Purchase Agreement.
    (b) Sale of Snettisham.--The Secretary of Energy is authorized and 
directed to sell Snettisham to the Snettisham Purchaser in accordance 
with the terms of this Act and the Snettisham Purchase Agreement.
    (c) Cooperation of Other Agencies.--The heads of other Federal 
departments, agencies, and instrumentalities of the United States shall 
assist the Secretary of Energy in implementing the sales and conveyances 
authorized and directed by this title.
    (d) Proceeds.--Proceeds from the sales required by this title shall 
be deposited in the Treasury of the United States to the credit of 
miscellaneous receipts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to prepare, survey, and 
acquire Eklutna and Snettisham for sale and conveyance. Such 
preparations and acquisitions shall provide sufficient title to ensure 
the beneficial use, enjoyment, and occupancy by the purchasers.
    (f) Contributed Funds.--Notwithstanding any other provision of law, 
the Alaska Power Administration is authorized to receive, administer, 
and expend such contributed funds as may be provided by the Eklutna 
Purchasers or customers or the Snettisham Purchaser or customers for the 
purposes of upgrading, improving, maintaining, or administering Eklutna 
or Snettisham. Upon the termination of the Alaska Power Administration 
under section 104(f), the Secretary of Energy shall administer and 
expend any remaining balances of such contributed funds for the purposes 
intended by the contributors.

SEC. 104. EXEMPTION AND OTHER PROVISIONS.

    (a) Federal Power Act.--(1) After the sales authorized by this Act 
occur, Eklutna and Snettisham, including future modifications, shall 
continue to be exempt from the requirements of Part I of the Federal 
Power Act (16 U.S.C. 791a et seq.), except as provided in subsection 
(b).
    (2) The exemption provided by paragraph (1) shall not affect the 
Memorandum of Agreement entered into among 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 title or the Federal Power Act preempts the 
State of Alaska from carrying out the responsibilities and authorities 
of the Memorandum of Agreement.
    (b) Subsequent Transfers.--Except for subsequent assignment of 
interest in Eklutna by the Eklutna Purchasers to the Alaska Electric 
Generation and Transmission Cooperative Inc. pursuant to section 19 of 
the Eklutna Purchase Agreement, upon any subsequent sale or transfer of 
any portion of Eklutna or Snettisham from the Eklutna Purchasers or the 
Snettisham Purchaser to any other person, the exemption set forth in 
paragraph

[[Page 109 STAT. 559]]

(1) of subsection (a) of this section shall cease to apply to such 
portion.
    (c) Review.--(1) <<NOTE: Courts.>>  The United States District Court 
for the District of Alaska shall have jurisdiction to review decisions 
made under the Memorandum of Agreement and to enforce the 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 on 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.
    (d) Eklutna Lands.--With respect to Eklutna lands described in 
Exhibit 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 Purchasers--
                    (A) at no cost to the Eklutna Purchasers;
                    (B) to remain effective for a period equal to the 
                life of Eklutna as extended by improvements, repairs, 
                renewals, or replacements; and
                    (C) sufficient for the operation of, maintenance of, 
                repair to, and replacement of, and access to, Eklutna 
                facilities located on military lands and lands managed 
                by the Bureau of Land Management, including lands 
                selected by the State of Alaska.
            (2) Fee title to lands at Anchorage Substation shall be 
        transferred to Eklutna Purchasers at no additional cost if the 
        Secretary of the Interior determines that pending claims to, and 
        selections of, those lands are invalid or relinquished.
            (3) With respect to the Eklutna lands identified in 
        paragraph 1 of Exhibit A of the Eklutna Purchase Agreement, the 
        State of Alaska may select, and the Secretary of the Interior 
        shall convey to the State, improved lands under the selection 
        entitlements in section 6 of the Act of July 7, 1958 (commonly 
        referred to as the Alaska Statehood Act, Public Law 85-508; 72 
        Stat. 339), and the North Anchorage Land Agreement dated January 
        31, 1983. This conveyance shall be subject to the rights-of-way 
        provided to the Eklutna Purchasers under paragraph (1).

    (e) Snettisham Lands.--With respect to the Snettisham lands 
identified in paragraph 1 of Exhibit A of the Snettisham Purchase 
Agreement and Public Land Order No. 5108, the State of Alaska may 
select, and the Secretary of the Interior shall convey to the State of 
Alaska, improved lands under the selection entitlements in section 6 of 
the Act of July 7, 1958 (commonly referred to as the Alaska Statehood 
Act, Public Law 85-508; 72 Stat. 339).
    (f) Termination of Alaska Power Administration.--Not later than one 
year after both of the sales authorized in section 103 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;

[[Page 109 STAT. 560]]

            (2) <<NOTE: Reports.>>  submit to Congress a report 
        documenting the sales; and
            (3) return unobligated balances of funds appropriated for 
        the Alaska Power Administration to the Treasury of the United 
        States.

    (g) <<NOTE: Effective dates. 48 USC 312, 312 note, 312a-312d.>>  
Repeals.--(1) The Act of July 31, 1950 (64 Stat. 382) is repealed 
effective on the date that Eklutna is conveyed to the Eklutna 
Purchasers.

    (2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193) is 
repealed effective on the date that Snettisham is conveyed to the 
Snettisham Purchaser.
    (3) The Act of August 9, 1955, concerning water resources 
investigation in Alaska (69 Stat. 618), <<NOTE: 42 USC 1962d-12--1962d-
14.>>  is repealed.

    (h) DOE Organization Act.--As of the later of the two dates 
determined in paragraphs (1) and (2) of subsection (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 subparagraph (C); and
                    (B) by redesignating subparagraphs (D), (E), and (F) 
                as subparagraphs (C), (D), and (E) respectively; and
            (2) in paragraph (2) by striking out ``and the Alaska Power 
        Administration'' and by inserting ``and'' after ``Southwestern 
        Power Administration,''.

    (i) Disposal.--The sales of Eklutna and Snettisham under this title 
are not considered disposal of Federal surplus property under the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) 
or the Act of October 3, 1944, popularly referred to as the ``Surplus 
Property Act of 1944'' (50 U.S.C. App. 1622).

SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

    The provisions of this title regarding the sale of the Alaska Power 
Administration's hydroelectric projects under section 103 and the 
exemption of these projects from Part I of the Federal Power Act under 
section 104 do not apply to other Federal hydroelectric projects.

              TITLE II--EXPORTS OF ALASKAN NORTH SLOPE OIL

<<NOTE: President.>> SEC. 201. EXPORTS OF ALASKAN NORTH SLOPE OIL.

    Section 28 of the Mineral Leasing Act (30 U.S.C. 185) is amended by 
amending subsection (s) to read as follows:

                  ``exports of alaskan north slope oil

    ``(s)(1) Subject to paragraphs (2) through (6) of this subsection 
and notwithstanding any other provision of this Act or any other 
provision of law (including any regulation) applicable to the export of 
oil transported by pipeline over right-of-way granted pursuant to 
section 203 of the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 
1652), such oil may be exported unless the President finds that 
exportation of this oil is not in the national interest. The President 
shall make his national interest determination within five months of the 
date of enactment of this subsection. In evaluat

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ing whether exports of this oil are in the national interest, the 
President shall at a minimum consider--
            ``(A) whether exports of this oil would diminish the total 
        quantity or quality of petroleum available to the United States;
            ``(B) the results of an appropriate environmental review, 
        including consideration of appropriate measures to mitigate any 
        potential adverse effects of exports of this oil on the 
        environment, which shall be completed within four months of the 
        date of the enactment of this subsection; and
            ``(C) whether exports of this oil are likely to cause 
        sustained material oil supply shortages or sustained oil prices 
        significantly above world market levels that would cause 
        sustained material adverse employment effects in the United 
        States or that would cause substantial harm to consumers, 
        including noncontiguous States and Pacific territories.

If the President determines that exports of this oil are in the national 
interest, he may impose such terms and conditions (other than a volume 
limitation) as are necessary or appropriate to ensure that such exports 
are consistent with the national interest.
    ``(2) Except in the case of oil exported to a country with which the 
United States entered into a bilateral international oil supply 
agreement before November 26, 1979, or to a country pursuant to the 
International Emergency Oil Sharing Plan of the International Energy 
Agency, any oil transported by pipeline over right-of-way granted 
pursuant to section 203 of the Trans-Alaska Pipeline Authorization Act 
(43 U.S.C. 1652) shall, when exported, be transported by a vessel 
documented under the laws of the United States and owned by a citizen of 
the United States (as determined in accordance with section 2 of the 
Shipping Act, 1916 (46 U.S.C. App. 802)).
    ``(3) Nothing in this subsection shall restrict the authority of the 
President under the Constitution, the International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 
U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and 
Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
    ``(4) <<NOTE: Regulations.>>  The Secretary of Commerce shall issue 
any rules necessary for implementation of the President's national 
interest determination, including any licensing requirements and 
conditions, within 30 days of the date of such determination by the 
President. The Secretary of Commerce shall consult with the Secretary of 
Energy in administering the provisions of this subsection.

    ``(5) If the Secretary of Commerce finds that exporting oil under 
authority of this subsection has caused sustained material oil supply 
shortages or sustained oil prices significantly above world market 
levels and further finds that these supply shortages or price increases 
have caused or are likely to cause sustained material adverse employment 
effects in the United States, the Secretary of Commerce, in consultation 
with the Secretary of Energy, shall recommend, and the President may 
take, appropriate action concerning exports of this oil, which may 
include modifying or revoking authority to export such oil.
    ``(6) Administrative action under this subsection is not subject to 
sections 551 and 553 through 559 of title 5, United States Code.''.

SEC. 202. GAO <<NOTE: 30 USC 185 note.>>  REPORT.

    (a) Review.--The Comptroller General of the United States shall 
conduct a review of energy production in California and Alaska and the 
effects of Alaskan North Slope oil exports, if any, on consumers, 
independent refiners, and shipbuilding and ship repair yards on the West 

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