Functions relating to electric power
section 825s of title 16 There are transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under , and all other functions of the Secretary of the Interior, and officers and components of the Department of the Interior, with respect to—
the Southeastern Power Administration;
the Southwestern Power Administration;
16 U.S.C. 83216 U.S.C. 838 the Bonneville Power Administration including but not limited to the authority contained in the Bonneville Project Act of 1937 [ et seq.] and the Federal Columbia River Transmission System Act [ et seq.];
the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and
the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of , as amended by the Act of .
1 1 So in original. The comma probably should not appear. The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration, shall be preserved as separate and distinct organizational entities within the Department. Each such entity shall be headed by an Administrator appointed by the Secretary. The functions transferred to the Secretary in paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) shall be exercised by the Secretary, acting by and through such Administrators. Each such Administrator shall maintain his principal office at a place located in the region served by his respective Federal power marketing entity.
2 2 See References in Text note below. The functions transferred in paragraphs (1)(E) and (1)(F) of this subsection shall be exercised by the Secretary, acting by and through a separate and distinct Administration within the Department which shall be headed by an Administrator appointed by the Secretary. The Administrator shall establish and shall maintain such regional offices as necessary to facilitate the performance of such functions. Neither the transfer of functions effected by paragraph (1)(E) of this subsection nor any changes in cost allocation or project evaluation standards shall be deemed to authorize the reallocation of joint costs of multipurpose facilities theretofore allocated unless and to the extent that such change is hereafter approved by Congress.
Pub. L. 97–100, title II, § 20195 Stat. 1407 , (c) Repealed. , ,
Functions of Bureau of Mines
There are transferred to, and vested in, the Secretary those functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Department under the Act of , and other authorities, exercised by the Bureau of Mines, but limited to—
fuel supply and demand analysis and data gathering;
research and development relating to increased efficiency of production technology of solid fuel minerals, other than research relating to mine health and safety and research relating to the environmental and leasing consequences of solid fuel mining (which shall remain in the Department of the Interior); and
coal preparation and analysis.
Pub. L. 95–91, title III, § 30291 Stat. 578 Pub. L. 97–100, title II, § 20195 Stat. 1407 Pub. L. 104–58, title I, § 104(h)109 Stat. 560 (, , ; , , ; , , .)
Editorial Notes
References in Text
act Aug. 20, 1937, ch. 720 50 Stat. 731 section 832 of Title 16The Bonneville Project Act of 1937, referred to in subsec. (a)(1)(C), is , , which is classified generally to chapter 12B (§ 832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 93–45488 Stat. 1376 section 838 of Title 16The Federal Columbia River Transmission System Act, referred to in subsec. (a)(1)(C), is , , , which is classified generally to chapter 12G (§ 838 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
act June 18, 1954, ch. 310 68 Stat. 255 Act of , as amended by the Act of , referred to in subsec. (a)(1)(E), is , , which was not classified to the Code.
Pub. L. 104–58, title I, § 104(h)(1)(B)109 Stat. 560 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 , , .
act May 16, 1910, ch. 240 36 Stat. 369 Act of , referred to in subsec. (d), probably means , , 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
Pub. L. 104–58, § 104(h)(1)1995—Subsec. (a)(1)(C) to (F). , redesignated subpars. (D) to (F) as (C) to (E), respectively, and struck out former subpar. (C) which read as follows: “the Alaska Power Administration;”.
Pub. L. 104–58, § 104(h)(2)Subsec. (a)(2). , inserted “and” after “Southwestern Power Administration,” and struck out “and the Alaska Power Administration” after “Bonneville Power Administration,”.
Pub. L. 97–1001981—Subsecs. (b), (c). 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.
Statutory Notes and Related Subsidiaries
Change of Name
section 10(b) of Pub. L. 102–285section 1 of Title 30section 1 of Title 30Bureau of Mines redesignated United States Bureau of Mines by , set out as a note under , 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 .
Effective Date of 1995 Amendment
Pub. L. 104–58section 104(h) of Pub. L. 104–58For effective date of amendment by , see , set out below.
Alaska Power Administration Asset Sale and Termination
Pub. L. 104–58, title I109 Stat. 557
“SEC. 101.
SHORT TITLE.
“This title may be cited as the ‘Alaska Power Administration Asset Sale and Termination Act’.
“SEC. 102.“(1) “(2) “(3) “(4) “(5) “(6)
DEFINITIONS.
“For purposes of this title:
The term ‘Eklutna’ means the Eklutna Hydroelectric Project and related assets as described in section 4 and Exhibit A of the Eklutna Purchase Agreement.
The term ‘Eklutna Purchase Agreement’ means the , 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 [].
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.
The term ‘Snettisham’ means the Snettisham Hydroelectric Project and related assets as described in section 4 and Exhibit A of the Snettisham Purchase Agreement.
The term ‘Snettisham Purchase Agreement’ means the , 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.
The term ‘Snettisham Purchaser’ means the Alaska Industrial Development and Export Authority or a successor State agency or authority.
“SEC. 103.“(a) “(b) “(c) “(d) “(e) “(f)
SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.
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.
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.
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.
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.
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.
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.“(a)(1) “(2) “(3)
“(b) “(c)(1) “(2) “(3)
“(d)“(1)“(A) “(B) “(C)
“(2) “(3)
“(e) “(f)“(1) “(2) “(3)
“(g)(1) “(2) “(3)
“(h)“(1)“(A) “(B)
“(2)
“(i)
EXEMPTION AND OTHER PROVISIONS.
Federal Power Act .—
16 U.S.C. 791a 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 ( et seq.), except as provided in subsection (b).
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 , which remains in full force and effect.
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.
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.
Review .—
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.
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.
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.
Eklutna Lands .—
With respect to Eklutna lands described in Exhibit A of the Eklutna Purchase Agreement:
The Secretary of the Interior shall issue rights-of-way to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers—
at no cost to the Eklutna Purchasers;
to remain effective for a period equal to the life of Eklutna as extended by improvements, repairs, renewals, or replacements; and
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.
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.
section 6 of the Act of July 7, 1958 Public Law 85–50872 Stat. 339 section 21 of Title 48 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 (commonly referred to as the Alaska Statehood Act, ; ) [set out as a note preceding , Territories and Insular Possessions], and the North Anchorage Land Agreement dated . This conveyance shall be subject to the rights-of-way provided to the Eklutna Purchasers under paragraph (1).
Snettisham Lands .—
section 6 of the Act of July 7, 1958 Public Law 85–50872 Stat. 339 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 (commonly referred to as the Alaska Statehood Act, ; ).
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—
complete the business of, and close out, the Alaska Power Administration;
submit to Congress a report documenting the sales; and
return unobligated balances of funds appropriated for the Alaska Power Administration to the Treasury of the United States.
Repeals .—
64 Stat. 382 section 312 of Title 48 The Act of () [enacting sections 312 to 312d of Title 48, Territories and Insular Possessions, and provisions formerly set out as a note under ] is repealed effective on the date that Eklutna is conveyed to the Eklutna Purchasers [ownership of Eklutna project transferred ].
76 Stat. 1193 Section 204 of the Flood Control Act of 1962 () is repealed effective on the date that Snettisham is conveyed to the Snettisham Purchaser [purchase of Snettisham project completed ].
69 Stat. 618 The Act of [enacting sections 1962d–12 to 1962d–14 of this title], concerning water resources investigation in Alaska (), is repealed.
DOE Organization Act .—
42 U.S.C. 7152(a)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 () is amended—
in paragraph (1)—
by striking subparagraph (C); and
by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E) respectively; and
in paragraph (2) by striking out ‘and the Alaska Power Administration’ and by inserting ‘and’ after ‘Southwestern Power Administration,’.
Disposal .—
40 U.S.C. 48440 U.S.C. 541–55540 U.S.C. 545The 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 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts] () [now ] or the Act of , popularly referred to as the ‘Surplus Property Act of 1944’ (50 U.S.C. App. 1622) [now note].
“SEC. 105.
OTHER FEDERAL HYDROELECTRIC PROJECTS.
16 U.S.C. 791a“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 [ 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, § 505106 Stat. 1343
“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.”
, , , provided that:
Transfers to Secretary of the Interior of Certain Fossil Energy Research and Development Authorities
Pub. L. 97–257, title I, § 10096 Stat. 841
30 U.S.C. 130 U.S.C. 132843 U.S.C. 1334(g)(2)42 U.S.C. 6213Provided further“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 [, 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 (); (3) sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3) of the Outer Continental Shelf Lands Act ( 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 (): , 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.”
, , , provided: