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HomeMy WebLinkAboutAPA S 395 update 1995Washington. D.C, Route 1, Box 130-A Mt. Solon, VA 22843 Markley SL Company Telephone (703) 886-4275 ; ‘ oie (708) 885-7469 Government Affairs Consulting Alaska . 302-C Assembly Building . d. nlf epee 211 Fourth Street E A Juneau, AK 99801 fT / Dp Late Telephone (907) 463-3636 Ar ~ Fax (907) 463-3611 <a Telecopier Cover Sheet aaa) 10/2 Da 0/2/95 9) - TO: Bill Corbus Ce i> AEL&P COMPANY: LOCATION: fonsey _ TELECOPIER NO:__(907) 986-9464 FROM: ca - SUBJECT: nies , COMMENTS: I'll call you in a few minutes TOTAL NUMBER OF PAGES TRANSMITTING:_” 7 (Includes Cover Sheet) If transmission is incomplete, please call (703) 886-4275 (Washington) (907) 463-3636 (Juneau) 1:10 p.m. ldm Time of Transmission: By: MEMORANDUM October 2, 1995 TO: Bill Corbus Alaska Llectric Light & Power Company FROM: Larry Markley Markley & company 2277) SUBJECT: APA update As I reported by telephone Friday, the House-Senate conference on S. 395 did not move the bill as planned, in large part because of concerns by House Commerce Committee staff over the FERC exemption. The conference will resume again after October 10, when Congress returns from a recess and after, presumably, disagreements have been resolved. Both Congressman Young, who is conference chairman, and Senator Murkowski, who is co-chairman, during Friday’s conference had very strong words about the resistance over the FERC exemption. I know that both Young and Murkowski have spoken personally with Commerce Committee Chairman Tom Bliley (R-VA). The Alaskans have made the points that the FERC provision was included early-on, that safety and environmental safeguards are incorporated in the purchase agreements, that the Clinton administration and FERC itself support (or, in FERC’s case, do not object) to the exemption, and that major modification to it at this point is a potential deal- breaker. In the aftermath of Friday’s conference, a meeting with House Commerce staff has been scheduled for 2 p.m. today. I was earlier invited by the Department of Energy but after discussing strategy with delegation staff this morning, it was decided that I should not attend but be held "in reserve" for subsequent meetings, if such are necessary. I agree, and will let you know as soon as I get a report on the meeting. Brian Miller of the House Resources Committee staff suggested Friday that, for additional ammunition, letters be sent to the House Commerce and Senate Energy and Natural Resources committees from the purchasers outlining in as strong terms as possible the purchasers’ opposition to changes in the FERC exemption provision. Attached is the state’s letter; I am working with Tom Stahr to get a similar one from the Municipality of Anchorage. Also attached is a very good, new letter of support for S. 395 from Energy Secretary Hazel O’Leary. 12/82/35 87:85 AERC. + 783 985 7453 SEP~30-85 SAT 12125 AICEA FAX NO. 9075818808 P, Oe/t3 ALASKA INDUSTRIAL DEVELOPMENT woeranramew (AE ALASKA 6 Y At PPRORITY 460 WEST FUDOK ANCHORAGE, ALASKA $#303 907 1 Shi ems AK 907 /441.AGGA September 30, 1996 Mr. John Katz Special Counsel Cthee of the Governor 444 N, Capital NW, Suite 336 Washington, D.C. 20001-18612 Subject: Gaie of Snettishan FERC Requirements Dwar Mr Katz: - After eévoral years of nagotlation, ihe Purchase Agreament sefween tne Alasxe Powe: Admimetration and the State wes agreed on February 10, 1968. The ngroamant waa based UPON NUINSOUS Considerations induding Section 14 a(4) of lie Agreement whieh required the Denarmant of Energy (DOE) and the Aleske Pawar Administration (APA) to implement In the Faderal logimation an exemption of Snettisham fer the State from the jurediction of the Foderai Energy Raguiatery Commission. The purchase price, considering this exemption wes detesmined by thc State to have minimal impact on the ocal rate payers ‘The State should oppose any changes to the basi¢ agreemant which imay impact local rete payers. The State esticates a significant adcltion to operating and nalnilenance costs ($200,000 par year) aa a requit of annual PERC requirements waieh would flow through: the rate payer, Any initial cost, related io the initial FERC permitting, would heve to Be recovered by u reduction if tho 9@iee price of contributed by the State and amortized nm annual costs. (n addition, the adminitvative time periods, required by BERG may significantly aelay the transaction, The State estimates the (nitiolization cost could be aubsiaulal ($250,009) depending wpon whather the FERC scministrative procedures feflected a new lirmenas or 3 transter of an existing license. Sectivn 14 of the Agreement requires the State to adupt » management plan, eudjost to approval of the DOS, which sasurea compliance with afl anvironmental and public safety standards and to maintain and update the management plan. The Siule currontly operates approximatoly 260 MW of hydroelaotne capacity under FERC licensing requirements and is well aware of the FERC requirements, it is the intent of ‘hw Stute tn fully eatiefy the FERC technics) fequifeinents ag weil as ai other applicable State and industry standards Tie exempton 1ava2/y> ores AERC. % 705 339 7A99 - = “Sep-GU-GE SAT 12:20 ADEA FAK NO, 9075818898 P, 037, Mr, Jonn Karz September 30, 1995 Page 2 gnty to celleve the State and tho rate payers of plert and lend lloensing fees, traneaotion time delays and cosily inital loensing Admunistration requirements. We respectively submit thal the FERC exemption snouid be malngincd. Since! MN Executive Director WRSibjt helNMa@easrettonodes ce’ vim Ayers, Chief of Stat Wiliam A. Cerbus, Alaeka Energy and Resources Mampany "The Secretary of Energy Washington, DC 20585 September 29, 1995 The Honorable Don Young Chairman, Committee on Natural Resources __ U.S. House of Representatives Washington, DC 20515-6201 Dear Mr. Chairman: As the conferees prepare to reconcile the elements of the House and Senate versions of S. 395, the Administration iterates strong support for legislation that authorizes sale of the Alaska Power Administration, pérmits exportation of crude oil produced on the Alaska North Slope, and provides targeted royalty relief to encourage deep water development of Outer Continental Shelf resources in the Central and Wester Gulf of Mexico. Our discussion is predicated on the Senate version of the bill which is divided into three titles.. The House version corresponds to title Ll of the Senate bill. Tide Tide I authorizes the sale of the Alaska Power Administration’s Snettisham and Eklutna hydroelectric projects, in accordance with their purchase agreements which, for the Snettisham project, requires the use of tax exempt financing. It also continues an exemption from the Federal Power Act for the two projects, creates an’enforcement mechanism for the protection and enhancement of fish and wildlife, and transfers certain lands and rights-of-way connected with the projects. Finally, it provides for the termination of the Alaska Power Administration. There is no corresponding language in the House version. The Administration supports title I of the Senate version, however it strongly recommends that _ the enacted bill contain a provision waiving section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, so that the receipts from the sale of the projects can be scored for budget scoring purposes.. : Enactment of legislation authorizing the sale of Alaska Power Administration assets is consistent with the President's FY 1996 budget and with the National Performance Review. Title ‘The Administration strongly supports legislation to permit the export of crude oi! produced from the North Slope of Alaska, transported on U.S. owned, U.S.-flag vessels. Such exports will be permitted in a manner that will promote U.S. employment, protect U.S. consumers, safeguard the environment, and increase international trade. We look forward to working with you to ensure that the final legislation is consistent with these goals. While both the House and Senate enactments would permit the export of ANS oil, the House enactment incorporates technical corrections that the Administration prefers. Title OT Finally, the Department supports targeted royalty relief for deep water oil and gas development on the Outer Continental Shelf (OCS) in the Central and Western Gulf of Mexico. Such relief will contribute to domestic energy security, economic growth, and our world leadership in development and production technology. To maintain the health of the domestic oil and gas industry, cur most productive resources must continue to be developed. The deep water OCS in the Central and Wester Gulf is one of the last US. frontiers where large field development is possible in close proximity to existing infrastructure. Current technology pemnits production at depths of up to about 3,500 feet of water. New, high cost technology will be required for development in water depths of 7,000 feet of more. As companies move into these deeper areas, development costs increase exponentially. Royalty relief, to be cost-effective, should be targeted to encourage development that would not otherwise occur. We should not provide necessary subsidies for development thar would occur in any case. Areas that don't need royalty relief should not be eligible. Instead, assistance should be directed to areas that would not otherwise be developed (like deep water). Title TH of S. 395 appears carefully crafted to focus Federal incentives where needed. Relief would be available only in the Central and Western Gulf of Mexico and not for any other offshore area. Relief would be available only where water depths are 200 meters or more. Relief would be available for existing leases only if the holder demonstrates that lease development would be uneconomic without royalty relief. The Secretary of the Interior is authorized to cap the production qualifying for relief, and royalties may be charged if the market price of oil or gas rises above specified levels. , Such targeted royalty relief for deep water OCS production provides incentives for new oil production, providing jobs for economic growth, and keeping the U.S. in the forefront of technological developments. For these reasons, the Administration supports title III of S. 395. 1 We stand readyto work with you to finalize these important legislative initiatives. As passed by the Senate, S. 395 would reduce receipts and increase outlays; therefore it is subject to the pay-as-you-go requirements of the Omnibus Budget Reconciliation Act of 1990 and if enacted it could contribute to a sequester of mandatory programs. The Office of Management and Budget advises that there is n> objection to the submission of this report from the standpoint of the President's program. Sincerely, cc: Other Conferees wo Wl Zi 1534 LIF 3s _f03-88- /4by MARKLEY & COMPANY 2 PAGE @2 Son Robiar MEMORANDUM December 11, 1995 TO: Bill Corbus Alaska Electric Light & Power Company FROM: Larry Markley wh Markley & Company Im SUBJECT; APA update With the main Alaska Power Administration sale legislation now in law, our attention is on two elements: the tax provision for the Snettisham Project and implementation of the APA phase-out. By now, you should have received mailed copies of the final congres- sional conference committee report on S. 395, as signed by President Clinton. The Snettisham tax provision, already in the budget reconciliation bill, should be a part of whatever compromise is reached between Congress and the White House on that wide-ranging legislation. There will have to be a budget bill, but the question is when. My own feeling today is that a compromise will be reached before Congress adjourns for the holidays in the next week or so. However, there is a distinct possibility that a budget agreement will not happen until after Congress returns in late January. In that case, presumably, another "continuing resolution" would be passed before the current one expires Friday, to keep the govern- ment operating until a bucyet is approved. As you know, I met over the past week with Alaska congressional staff, the Department of Energy (DOE) and the Washington staff of the Governor’s Office to discuss APA. I also spoke several times during the week with Riley Snell, director of the Alaska Industrial Development and Export Authority (AIDEA), which will be acquiring Snettisham on behalf of the state. Although Riley needs the federal tax provision, his agency is already gearing up. Among the requisites for AIDEA is state legislative authority to sell the Snettisham bonds. There is no doubt in my mind that some legislators will have questions as to why Alaska is acquiring this power project at a time when the move is to downsize state w B/2i/1994 L3i3ss (03-335- /4bY MARKUcY & CUMPANY PAGE G3 APA update Page 2 December 11, 1995 government, including its direct involvement in electric anergy production and operation. The potential privatization of the four- dam pool comes to mind. We need to provide Riley and AIDEA with whatever support they need in Juneau next year, because the APA divestiture is a package deal, with some important timetables built in. As a result of our meetings last week, DOE will be exploring other possible legislative vehicles for the Snettisham tax provision, purely as a contingency in the unlikely event the budget impasse drags beyond the January-February time frame. I am encouraging this as a prudent strategy, although I want to reemphasize that the tax language will in all likelihood come about as part of the FY 96 tax bill. Everybody involved with APA on the Washington front understands that the Snettisham tax authority is essential. As you also know, APA (and, by extension, DOE in Washington) has begun organizing for the APA shutdown and facilities transfers. You are already getting written and oral communication from APA in Juneau. DOE representatives in Washington have told me they will provide whatever support we need. I will be staying in close touch with you and DOE on this. One potential implementation complication of late is an alert by the state historic preservation officer that the Eklutna plant may be a candidate for inclusion on the federal register of historic places. I certainly do not see this as a deal~killer, but the evaluation and listing process -=- and restrictions on plant modification should Eklutna be listed -~ would be most burdensome. A number of "early" power plants in other states have been designated as historic by the Department of the Interior. In Eklutna’s case, we have a plan. John Katz, director of the Governor’s Washington office, is going to contact Alaska Natural Resources Commissioner John Shively to discuss preservation implications for Eklutna. Specifically, we need to get a feel for how, or if, the state will react to a federal finding that Eklutna either is or is not a preservation candidate. Under federal regulations, it appears that APA must make an initial recommenda- tion, which would ultimately end up at Interior. My recommendation is we let state and federal representatives explore the matter for the time being. I will keep you posted on this, too. 1871971995 13:59 FROM Markley & Company TO 19875618998 P.@1 Washington. D.C. Route 1, Box 180-A Mt. Solon, VA 22843 M arkley Re G¢ omp any Telephone (703) 886-4275 . i Fax (703) 885-7469 Government Affairs Consulting Alaska 302-C Assembly Building 211 Fourth Street Juneau, AK 99801 Telephone (907) 463-3636 Fax (907) 463-3611 Telecopier Cover Sheet ; Date: _/2 ol. o__ fila Aerabl/ D2 Tee COMPANY: IDE. LOCATION: TELECOPIER NO: (967) sep owe a FROM: earn URES 7 SUBJECT: 449 — £7, Aexyieyl ye Le Seog say ai =e g las By¥2- 4209 ) Z. TOTAL NUMBER OF PAGES TRANSMITTING: dl 3 (Includes Cover Sheet) 2) repel E U B: Shido If transmission is incomplete, please call (703) 886-4275 (Washington) (907) 463-3636 (Juneau) Time of Transmission: 2 Pe a By: avdon P.61 19071971995 14161 FROM Markley & Company .TO 19675618998 10/18/95 WED 12:19 FAX 202 225 5929 CMTE ON RESOURCES @ors 10/12/85 THU 15:47 FAX ese Title I Alaska Power Administration Asset Sale and Termination The House-passed bill did not contain any comparable provisions. The House recedes to the Senate, The Conference Agreement changes the Sersic- passed bill in two material ways. First, section 104(a)(1) of the Conference Agreement provides an e:<:mption for Eklutna and Snettisham only to Part I of the Federal Power Act (hydroelectric licensing), not to the entire Federal Power Act. That was intended by the Senate. In limiting the exemption to Part I, the Managers do not intend to imply that entities (such as municipalities) that are exempt from other parts of the Federal Power Act loose such exemption as a result of the acquisition of Ekluma or Suettisham, or any pat thereof. Second, new section 104(b) provides that upon sale or traisfer of any portion of Exluta or Snettisham from the purchasers identified in section 102 to any other person, the exemption from Part I of the Federal Power Act shall cease to apply to such portion. The elimination of the exemption from Part I does not mandate the licensing of such portion, it only eliminates the exemption from the application of Part I. Thus, if licensing is not otherwise required under Part I of the Federal Power Act for such portion, it is not required by reason of section 104(b). Such sale or transfer, even if it results in the licensing of the portion sold or transferred, does not affect the exemption from Part J for the portion of Ekhuina or Snettisham that is not sold or transferred. The first phrase in section 104(b) is an exception to the general rule, It provides that a subsequent assignment of interest in Ekluina by the Eklutna Purchasers to the Alaska Electric Generation and Trausinissiou Cooperative Inc. pursuant to section 19 of the Eklutna Purchase Agreement will not result in the elimination of the exemption from Part I of the Federal Power Act for such interest. Sections 104(d) and 104(e) address selection and transfer of Eklutna and Snettisham lands. It is the intent of these provisions that notwithstanding the expiration of the right of the State of Alaska to make selections under section 6 of the Alaska Statehood Act, that the State may select lands pursuant to the provisions of this Act and the Ekiutna and Snettisham Purchase Agreements. Likewise, it is the intent of this legislation that the Secretary of the Interior shall convey lands selected by the State of Alaska notwithstanding any limitations contained in section 6(b) of the Alaska Statehood Act. 1071971995 14: 10/18/85 WED 12:14 FAX 202 225 5929 ; 10/12/88 THU 15:44 KAS : “SENT BY :53337 F:\MPB\MPB.010 SCcmber 12, 1985 2 1 TITLE I-ALASKA POWER ADMINISTRA- 2 FROM Markley & Comrany TO 19675618998 CMTE GN RESOURCES 2210-12-95 i) 2:05PM i LEGISLATIVE COUNSEL Title I of Staff Draft Proposed Conference Agreement on 8395 October 12, 1995 TION ASSET SALE AND TERMINATION 3) sEC. 101. 8HORT TITLE, 4 This title may be cited as the “Alaska Power Admin- 5 istration Aseet Sale and Termination Act’’. 6 BC. 102, DEFINITIONS. 7 8 9 10 lt 12 13 14 1s 16 i7 18 19 20 2\ 22 For purposes of this tatJe: (1) The term “Eklutua” means the Ekiutma Hydroelectric Project and related assets aa described im acction 4 and Exhibit A of the Hklutna Purchasc Agreement. (2) ‘The term “Bklutue Purchase Agreement” meaus the August 2, 1989, Kkluta Furchsae Agreement betwoun the Alaska Power Admiiniatra- tion of the Department of Energy snd the Ekjutua Parchasers, together with any amendments thcreto adopted before the enactment of thie section. (3) The term “Hkintna Purchasers” means the Municipality of Anchorage doing business as Munici- pa) Light and Power, the Chugach Electric Associa- ti, Inc. and the Matamuska Electric Association, inc. 7.0, 196756169986 P.63 bov1971995 14102 FROM Markley & Company . 10/18/95 SED 12:14 FAX 202 225 5929 CMTE ON RESOURCES . B99 ae BY:59027 30-12-98 i 2:05PM : LEGISLATIVE COUNSEL~ BUsUZi= 3/10 . F:\MPB\MP8.010 2 1 (4) The term “Snettishum” ang the 2 Snettishom Hydroelectric Project and related asseta 3 as described in section 4 and Exhibit A of the 4 Snettiabam Purchase Agrecmeni, 5 (5) The term “Snettisham Purecha:: Agree- 6 ment’? means the February 10, 1989, Sucttisham 7 Purchase Apreement between the Alaska Powcr Ad- & ministration of the Department of Energy aud the 9 Alaska Power Authority and its successors im intar- 10 est, together with any amendments thereto adupted ij before the enactment of this sactéon. 12 (6) The term ‘“Suettisham Purcheser” iseans 13 the Alaska Industria] Development and Export Au- 14 thority or aA successor State agency or authority 15 BEC. 303. SALE OF SNEITISHAM AND EKLUTNA HYUDRO- 16 ELZOTRIC PROVECTS. Ww (a) Satz or Snurrmnam—The Secretary of En- 18 ergy ie authorized and directed to sel) Susttiahamn to the 19 Snettisham Purchaser m sccordunce with the terme of this 20 Act and the Snettisharm Purchase Agreement. 21 (b) Satm of Exnturna.---The Secretary of Exergy 22 im authorized and directed to sel] Eklutma to the I) atne 23 Purchasers ip accordance with the terms of this Avi and 24 the Hiktutus Purchase Agreoment. Oxtobur 12, 1995 1071971995 14:03 10/18/95 WED 12:15 FAX 202 225 5929 10/22/93 YAU 16:45 FAX 1 “SENT BY 59337 FROM Markley & Company . TO 198675618998 CMTE ON RESOURCES 310-32-85 + 2:06PM i LEGISLATIVE COLNSEL- ¥:\MPB\MPB.010 Octaber 12, 1985 a kk YS Nm oO we 1 10 11 12 13 14 15 16 17 18 19 21 22 23 3 (c) CoOFERATION OF OTHER AGENCIMS —The heads of other Federa) departments, agencies, and mstrinental- ities of the United States shall assist the Secretury of En- ergy io implementing the sales and conveynnces author- ized and directed by this title. (d) Procesbs.—DProceeds from the sales required by thie title shall bo deposited in the Treasury of the United States to the credit of miscellancous receipts. (e) AUTHORIZATION OF APPROFRIATIONS.—There are authorized to be uppropriated such sums as may be necessary to prepare, survey, and aequire Bklutne and Snettisham for sale and conveyance. Such preparutions aud acquisitions shall provide sufficient title to ensure the beneficial use, enjoyment, sand owupancy hy the pur- chasers, (f) ConTemuTEp FUuNDs.—-Notwithstanding any other provision of law, the Alaska Power Administration is nuthorized to receive, administer, and expend such con- tributed funds as may be provided by the Eklutma Pur- chasers or customers or the Snettisham Porehaser or cus- tomers for the purpeses of upgrading, mmproviny, main- taining, or administering Bilutna or Snettisham. Upon the termination of the Alaska Power Administration under section 104(f), the Secretary of Euergy sball sdminister g8 we Bueug:s au cto ae 1071971995 14: 10/18/95 WED 12:15 FAX 202 228 5929 63 FROM Markley & Company TO 19675618998 CMTE ON RESOURCES 10/12/95 THU_15:45 Fax —_— “301i BT. dda0/ shi a2-Sd 6 25 YOPM | LEUISLAL IVE COUNSEL F:\MPB\ MPB.O10 October ts, 1006 I co @& + DR A BR WU WN BERSREBSGeReURARBAAS 4 and expend any remaining balances of such contributed funds for the purposes intended by the contributors. SEC. 104. EXEMPTION AND OTHER PROVISIONS. (a) Fevena, Powsr Act.—(1) After the sales an- thorized by this Act occur, Eklutma and Snettisham, iv- cluding future modifications, shell continue to be exempt from the requirements of Part I of the Federal Power Act. (16 U.6.C. 7915 et seq.), except as provided in subsection (b). (2) The exemption previded by paragraph (1) ehall not affect the Memorandum of Agreement entered uto among the State of Alaska, the Eklutma Purchasers, the Alaska Finergy Authority, and Federal) fish aud wildlife agencies regarding the protection, mitigation of, damages to, and enbancement of fish and wildlife, dated August 7, 1991, which remains in full force and effect. (3) Nothing in this title or tho Federal Power Act preempts the State of Alaxka from carrymg out the re- spensibilities and authorities of the Memorandum of Agreement. (b) Supssevenr TRANAYERS.—Except for subse. quent assignment of interest im Eklutna by the Eklutna Prrvhasers to the Alashe Electric Generation and ‘lrans- misaion Cooperative Ine. pursuant to scction 19 of the Eklutua Purchase Agreement, upon any subsequent sale ‘ . 10/18/98 WED 12:16 FAX 202 225 5929 10714795 THU 15:46 Fax TL SEN BY Odes! TO 19075618998 nee nernsev & LONFENny CMTE ON RESOURCES phu-te-po + Ziuerm © LEGISLALIVD CUoUNSoL F:\MPB\MPB.U010 ‘> hw oon HA WH b 10 12 13 14 15 16 17 18 19 21 22 23 24 October 12. 1085 5 ot transfer of auy portion of Eklutna or Suettisham from the Eklutna Purchssers or the Snettisham Purchaser to any other petvou, the exemption set forth in paragraph (1) of subsection (a) of thie section shal) cease to apply to auch portion. (ec) Revrew.—The United States District Court for the District of Alaske shall have jurisdiction to review da- cisions made under the Memorandum of Agreement and to enforve the provisions of the Memorandum of Agree- ment. including the remedy of npecific performance. (2) An action seeking review of a Fish aud Wildlife Program (‘‘Program’’) of the Governor of Alaska under the Mamorandum of Agreament or challenging actions of: any of the parties to the Memorandum of Agreement prior tw the adoption of the Program ahall be brought not later than 80 days softer the dete on which the Program is adopted by the Governor of Alaska, or be barred. (3) An action seeking review of implementation of the Program aball be brought uot later than 9U days after tho challenged act implementing the Program, or be barred. (d) ExyutNa Lanps.—With respert to Ekivma lands described in Exhibit A of the Hkluima Purchases Agreement: (1) The Seerctary of the Tnterior abal) issue rights-of-way to the Alaske Power Administration TO 19675619998 1071971995 14:64 FROM Markley & Company 10/18/95 WED 12:17 FAX 202 225 5929 CMTE ON RESOURCES 007 a i 4 :46 aA , oe 2 eam Sten 4 2-9> 8 TUE) LOR AT EYE QULINDELO BuoUe+® ~ att BY out F:\ MPB\MPB.010 x 6 1 for subsequent reassignment to the Ekintuw Pur 2 chasere— 3 (A) at no cost to the Eklutma Purchasers: 4 (B) to remain effective for a periud equa) 5 to the life of Eklutna ef extended by improve- 6 ments, repairs, renewals, or replacements; and 7, (C) sufficient far the operation of, mainte- 8 mance of, ropair to, and replacement of, and ac- 9 cess to, Eklutna facilities loeated on military 10 lands aud lands managed by the Bureau of 11 Laud Management, including lands selected by 12 the State of Alaska. 13 (2) Fee title to lands at Anchorage Substation 14 shall be transferred to Mklutna Purchasers at no ad- 15 ditional cost if the Secretary of the Interior deter- 16 mines that pending claims to, and selectiuons of, 7 those lands are invalid or relinquished. 18 (3) With respect to the Eklutng Lands identified 19 in paragraph 1 of Exchibit A of the Ekjlutua Pur chase Agreement, the State of Alaska may select, aud the Secretary of the Interior shall convey to the State, improved lands under the selection enttle- ments in section 6 of ths Act of July 7, 1958 (com- monly referred to ag the Alaska Statehood Act, Pub lic Law 85-508; 72 Stat. 339), and the North An- Reeges Ocwpar 17, ison puorazeagzo atte To 196756189998 rerun. narkiey & Gompany aad 10/18/95 WED 12:17 Fax 202 225 5929 CMTE ON RESOURCES “ 1o74g/95 KMU 15:40 Fax ~~ SENT BY 53497 :10+12-95 + 2:07PM ; LEGISLATIVE COUNSEL- F:\MPB\MPB,010 A & WN Oo ww mH 10 1] 12 13 14 is 16 17 18 9 21 22 23 October 12, 1996 7 chorage Land Agreement dated January 31, 1983. This conveyance shal) be subject to the tights~0f-way provided to the Eklutna Purchasers under para- graph (1). (e) SNETTISHAM LaNDS.—With respect to the Snettisham lands identified in paragraph 1 of Exhibit A of the Snettusham Purchase Agreement and Fublic Laud Order No. 5108, the State of Alaska may select, aud the Secretary of the Interior shall convey to the Atata of Alas- ka, improved lands under the selection eutitlements im sec- tion 6 of the Act of July 7, 1958 (vommonly referred to ae the Alaska Statehood Act, Public Law 85-508; 72 Stat. 339). (f) TERMINATION oF ALASEA POWER ADMINISTRA- TION.—Not, later than one year after beth of the suleg an- thorized in section 103 have occurred, a8 measured by the Transaction Daten stipulated in the Purchase Agreements, the Secretary of Energy shall— {1) complete the business of, and close ont, the Aloska Power Administration; (2) submit to Congrees a report documenting the salen: and (3) vetarn unobligated balauces of funds appro- priated for the Alaska Power Administration to the Treasury of the United States. 008 veo 80302:# 8/10 TO 19675618998 P.89 yravvo 1486 rerun markies & Companys rere . 10/18/98 WED 12:18 FAX 202 225 5929 CMTE ON RESOURCES Boog ie :10-12-95 3 2:08PM : LEGISLATIVE COUNSEL~ 80302:# 9/10 F:\ MPB\MPB.O10 8 J (g) REPEALS—{1) The Act of July 31, 1950 (#4 2 Stat. 382) is repealed effective on the date, ax determined 3 by the Seeretary of Energy, that Ekluta has been coa- 4 veyed to the Eklatna Purchasers. 5 (2) Section 204 of the Flood Control Act of 1962 (76 6 tot. 1193) is repenled effective on the date, as deter- 7 mined by the Seeretary of Energy, that Snettisham has & been conveyed to the Snettisham Purchaser. 5 (3) The Act of August 9, 1955, conceruing wuter re- 10 sources investigation in Alaaka (69 Stat. 615), is repealed. i] (b} DOE OncanizaTion Actt.—As of the later uf the 12 two dates determined in paragraphs (1) and (2) of aub- 13° wection (g), section 302{a) of the Department of Energy 14 Organization Act (42 U.8.C. 7152(a)) is amended— 15 (1) im paregreph (1)-— 16 (A) by striking subparagraph (C); and 17 0B) by redesignating subparagraphs (D), 18 (B®), and (F) «s subparagraphs (C), (D), and 9 (B) respectively; and aw (2) in paragraph (2) by striking out “aud the 21 Alaska Power Administration” aud by incorting 22 “and after ‘Southwestern Power Administration,”’. 23 (i) Duayusal.——The sales of kntna and Snetticbam 24 wyndor this titlk are uct considered disposal of Feders! sur- 25 plus property under the Federal Property and Adminixtra- Octover 12, 10S 1071971995 14:66 FROM Markley, & Companys. TO 19075618998 10/18/95 WED 12:18 FAX 202 228 5929 CMTE ON RESOURCES 20/12/95 THU 15:47 FAk tay be) em LoL Cvusci F:\MPB\MPB.010 9 } tive Services Act of 1949 (40 U.S.C. 484) or the Act of 2 October 3, 1944, popularly referred to aa the “Surplus 3 Property Act of 1944” (50 U.8.C. App. 1622). October 12, 1996 TOTAL P.10