Notes on 42 U.S.C. § 7152 : US Code - Notes

Search Notes on 42 U.S.C. § 7152 : US Code - Notes

(Pub. L. 95-91, title III, Sec. 302, Aug. 4, 1977, 91 Stat. 578;
Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407;
Pub. L. 104-58, title I, Sec. 104(h), Nov. 28, 1995, 109 Stat.
560.)
REFERENCES IN TEXT
The Bonneville Project Act of 1937, referred to in subsec.
(a)(1)(C), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended,
which is classified generally to chapter 12B (Sec. 832 et seq.) of
Title 16, Conservation. For complete classification of this Act to
the Code, see Short Title note set out under section 832 of Title
16 and Tables.
The Federal Columbia River Transmission System Act, referred to
in subsec. (a)(1)(C), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat.
1376, as amended, which is classified generally to chapter 12G
(Sec. 838 et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see Short Title note set
out under section 838 of Title 16 and Tables.
Act of June 18, 1954, as amended by the Act of December 23, 1963,
referred to in subsec. (a)(1)(E), is act June 18, 1954, ch. 310, 68
Stat. 255, which was not classified to the Code.
Paragraphs (1)(E) and (1)(F) of this subsection, referred to in
subsec. (a)(3), were redesignated as pars. (1)(D) and (1)(E) of
this subsection, respectively, by Pub. L. 104-58, title I, Sec.
104(h)(1)(B), Nov. 28, 1995, 109 Stat. 560.
Act of May 15, 1910, referred to in subsec. (d), as amended,
probably means act May 16, 1910, ch. 240, 36 Stat. 369, which is
classified to sections 1, 3, and 5 to 7 of Title 30, Mineral Lands
and Mining. For complete classification of this Act to the Code,
see Tables.
AMENDMENTS
1995 - Subsec. (a)(1)(C) to (F). Pub. L. 104-58, Sec. 104(h)(1),
redesignated subpars. (D) to (F) as (C) to (E), respectively, and
struck out former subpar. (C) which read as follows: "the Alaska
Power Administration;".
Subsec. (a)(2). Pub. L. 104-58, Sec. 104(h)(2), inserted "and"
after "Southwestern Power Administration," and struck out "and the
Alaska Power Administration" after "Bonneville Power
Administration,".
1981 - Subsecs. (b), (c). Pub. L. 97-100 struck out subsecs. (b)
and (c) which related, respectively, to the functions of the
Secretary of Energy to promulgate regulations under certain
provisions of the Outer Continental Shelf Lands Act, the Mineral
Lands Leasing Act, the Mineral Leasing Act for Acquired Lands, the
Geothermal Steam Act of 1970, and the Energy Policy and
Conservation Act and to the functions of establishing production
rates for all Federal leases.
CHANGE OF NAME
Bureau of Mines redesignated United States Bureau of Mines by
section 10(b) of Pub. L. 102-285, set out as a note under section 1
of Title 30, Mineral Lands and Mining. For provisions relating to
closure and transfer of functions of the United States Bureau of
Mines, see note set out under section 1 of Title 30.
EFFECTIVE DATE OF 1995 AMENDMENT
For effective date of amendment by Pub. L. 104-58, see section
104(h) of Pub. L. 104-58, set out below.
ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION
Title I of Pub. L. 104-58 provided that:
"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 [Nov. 28, 1995].
"(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.
"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 (1) of subsection (a) of this
section shall cease to apply to such portion.
"(c) Review. - (1) 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) [set out
as a note preceding section 21 of Title 48, Territories and
Insular Possessions], 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;
"(2) 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) Repeals. - (1) The Act of July 31, 1950 (64 Stat. 382)
[enacting sections 312 to 312d of Title 48, Territories and Insular
Possessions, and provisions formerly set out as a note under
section 312 of Title 48] is repealed effective on the date that
Eklutna is conveyed to the Eklutna Purchasers [ownership of Eklutna
project transferred Oct. 2, 1997].
"(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 [purchase of Snettisham project completed
Aug. 19, 1998].
"(3) The Act of August 9, 1955 [enacting sections 1962d-12 to
1962d-14 of this title], concerning water resources investigation
in Alaska (69 Stat. 618), 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 [now
chapters 1 to 11 of Title 40, Public Buildings, Property, and
Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et
seq.)] (40 U.S.C. 484) [now 40 U.S.C. 541-555] 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 [16 U.S.C. 791a et seq.] under section 104 do not apply to
other Federal hydroelectric projects."
USE OF FUNDS TO STUDY NONCOST-BASED METHODS OF PRICING
HYDROELECTRIC POWER
Pub. L. 102-377, title V, Sec. 505, Oct. 2, 1992, 106 Stat. 1343,
provided that: "Notwithstanding any other provision of this Act,
subsequent Energy and Water Development Appropriations Acts or any
other provision of law hereafter, none of the funds made available
under this Act, subsequent Energy and Water Development
Appropriations Acts or any other law hereafter shall be used for
the purposes of conducting any studies relating or leading to the
possibility of changing from the currently required 'at cost' to a
'market rate' or any other noncost-based method for the pricing of
hydroelectric power by the six Federal public power authorities, or
other agencies or authorities of the Federal Government, except as
may be specifically authorized by Act of Congress hereafter
enacted."
TRANSFERS TO SECRETARY OF THE INTERIOR OF CERTAIN FOSSIL ENERGY
RESEARCH AND DEVELOPMENT AUTHORITIES
Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 841,
provided: "That there are transferred to, and vested in, the
Secretary of the Interior all functions vested in, or delegated to,
the Secretary of Energy and the Department of Energy under or with
respect to (1) the Act of May 16, 1910 [30 U.S.C. 1, 3, 5-7], and
other authorities formerly exercised by the Bureau of Mines [now
United States Bureau of Mines], but limited to research and
development relating to increased efficiency of production
technology of solid fuel minerals; (2) section 908 of the Surface
Mining Control and Reclamation Act of 1977, relating to research
and development concerning alternative coal mining technologies (30
U.S.C. 1328); (3) sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(g)(2) and
1337(a)(4) and 1337(a)(9) [and 1353(b)(2) and (3)]); and (4)
section 105 of the Energy Policy and Conservation Act (42 U.S.C.
6213): Provided further, That the personnel employed, personnel
positions, equipment, facilities, and unexpended balances of the
aforementioned transferred programs shall be merged with the 'Mines
and minerals' account of the Bureau of Mines."
(!1) So in original. The comma probably should not appear.
(!2) See References in Text note below.