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S 395 - 104

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.

Became Public Law No: 104-58.

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Energy

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. Became Public Law No: 104-58. Energy

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Summary

48 Conference report filed in House May 7, 2001

TABLE OF CONTENTS: Title I: Alaska Power Administration Asset Sale and Termination Title II: Exports of Alaskan North Slope Oil Title III: Outer Continental Shelf Deep Water Royalty Relief Title IV: Miscellaneous Title I: Alaska Power Administration Asset Sale and Termination - Alaska Power Administration Asset Sale and Termination Act - Directs the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the Alaska Industrial Development and Export Authority (or its successor State agency or authority); and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. Mandates that sale proceeds be deposited into the Treasury to the credit of miscellaneous receipts. Authorizes appropriations to prepare and acquire Eklutna and Snettisham assets for sale and conveyance. Authorizes the Alaska Power Administration to expend certain funds contributed by the purchasers or customers to improve and maintain Eklutna or Snettisham. (Sec. 104) Declares that both Projects shall continue to be exempt from certain Federal Power Act licensing requirements (subject to a certain Memorandum of Agreement). Denies such exemption to subsequent assignments of interest, unless the transferee is the Alaska Electric Generation and Transmission Cooperative Inc. Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers at no cost to them; and (2) convey to the State of Alaska (with respect to certain Eklutna and Snettisham lands) improved lands under certain statutory selection entitlements. (Sec. 105) Declares that the sale of the Alaska Power Administration's hydroelectric projects, and their subsequent exemption from the licensing requirements of the Federal Power Act, do not apply to other Federal hydroelectric projects. Title II: Exports of Alaskan North Slope Oil - Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. (Sec. 202) Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska, and on the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, shipbuilding and ship repair yards on the West Coast and in Hawaii. (Sec. 203) Authorizes the Secretary of Transportation to make grants to the Multnomah County Tax Supervising and Conservation Commission of Multnomah County, Oregon, subject to certain required findings regarding the need to levy port district ad valorem taxes. Authorizes appropriations. Title III: Outer Continental Shelf Deep Water Royalty Relief - Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases for oil or gas resources in certain areas of deep water on the Outer Continental Shelf in the Gulf of Mexico. (Sec. 302) Declares that, with specified exceptions, no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. (Sec. 303) Provides for new leases and lease sales on the basis of a cash bonus bid meeting certain criteria. (Sec. 304) Suspends royalties for a five-year period for new leases in specified water depths in the Gulf. Subjects sales of such leases to such cash bonus bidding system. Title IV: Miscellaneous - Instructs the Commandant of the Coast Guard to submit a plan to the Congress on the most cost-effective means of implementing an international private sector tug-of-opportunity system using existing towing vessels to provide timely emergency response to a vessel in distress transiting the waters within the boundaries of the Olympic Coast National Marine Sanctuary or the Strait of Juan de Fuca.

36 Passed House amended May 7, 2001

Amends the Mineral Leasing Act to permit the export of Alaskan North Slope oil unless the President finds, within five months after enactment of this Act, that such exportation is not in the national interest. Sets forth mandatory considerations in evaluating whether such exportation is in the national interest, including an environmental review and supply and employment impact analysis. Mandates that, except in certain cases, such oil be transported by U.S.-owned merchant marine vessels. Retains the President's authority to prohibit exportation of the oil. Instructs the Secretary of Commerce to issue, within 30 days after the President's national interest determination, necessary rules, including any licensing requirements and conditions, to implement such determination. Directs the Secretary to recommend that the President take appropriate action (including modification of export authorization) if oil exports under authority of this Act have caused sustained material supply shortages or price increases significantly above world market levels, together with sustained material adverse effects upon domestic employment. Instructs the Comptroller General to review and report to specified congressional committees on energy production in California and Alaska and the effects of Alaskan North Slope crude oil exports upon consumers, independent refiners, and shipbuilding and ship repair yards on the West Coast and in Hawaii.

35 Passed Senate amended May 7, 2001

TABLE OF CONTENTS: Title I: Alaska Power Administration Asset Sale and Termination Act Title II: Trans-Alaska Pipeline Amendment Act of 1995 Title III: Outer Continental Shelf Deep Water Royalty Relief Act Title I - Alaska Power Administration Asset Sale and Termination Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. Mandates that sale proceeds be deposited into the Treasury to the credit of miscellaneous receipts. Authorizes appropriations to prepare and acquire Eklutna and Snettisham assets for sale and conveyance. (Sec. 103) Declares that both Projects shall continue to be exempt from certain Federal Power Act licensing requirements (subject to a certain Memorandum of Agreement). Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Eklutna and Snettisham lands) improved lands under certain statutory selection entitlements. (Sec. 104) Declares that: (1) the circumstances that justify authorization by the Congress of the sale of the hydroelectric projects under this Act are unique to those projects and do not pertain to other hydroelectric projects or to the power marketing administrations in the 48 contiguous States; and (2) enactment of this Act should not be understood as lending support to any proposal to sell any other hydroelectric project or the power marketing administrations. Title II - Trans-Alaska Pipeline Amendment Act of 1995 - Amends the Trans-Alaska Pipeline Authorization Act to authorize the export of certain Alaskan North Slope oil unless the President finds that such exportation is not in the national interest. Prescribes guidelines under which the President shall make such national interest determination. Mandates that such oil, when exported, be transported, except in specified circumstances, in U.S.-documented vessels owned by U.S. citizens. Declares that this Act does not restrict the President's authority to prohibit the exportation of such oil. Authorizes the Secretary of Commerce, pursuant to certain findings, to recommend appropriate action to the President, who may take it against a person engaged in anticompetitive crude oil export practices which have caused sustained material supply shortages or price increases and resultant material adverse employment effects in the United States. Provides that such action may include modification or revocation of the authorization to export crude oil. (Sec. 203) Amends the Energy Policy and Conservation Act to require the President to report annually on whether independent refiners in Petroleum Administration District 5 have been unable to secure adequate crude oil supplies as a result of Alaskan North Slope crude oil exports in the prior calendar year. (Sec. 204) Instructs the Comptroller General to review and report to certain congressional committees on the effects of Alaskan North Slope crude oil exports upon West Coast consumers, independent refiners, and shipbuilding and ship repair yards. (Sec. 205) Instructs the Secretary of Energy to provide: (1) payments and financial assistance to a certain West Coast port authority that manages a non-Federal publicly owned shipyard capable of handling very large crude carrier tanks and has obligations related to the acquisition of certain non-Federal publicly owned dry docks; (2) specified sums in FY 1996 for acquisition of infrastructure and refurbishment of existing infrastructure; and (3) for the retirement of specified obligations related to the acquisition of certain non- Federal publicly owned dry docks originally financed through public bonds. (Sec. 206) Amends the Oil Pollution Act of 1990 to mandate that a response plan for a vessel operating within the boundaries of the Olympic Coast National Marine Sanctuary or the Strait of Juan de Fuca shall provide for a towing vessel to be able to provide assistance to it within six hours of its request. Title III - Outer Continental Shelf Deep Water Royalty Relief Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to reduce or eliminate any royalty or net profit share set forth in existing leases, before commencement of production, for oil or gas resources in deep water on the Outer Continental Shelf in the Gulf of Mexico. (Sec. 302) Declares that, with specified exceptions, no royalty payments shall be due on new production from any lease or unit located in specified water depths in the Western and Central Planning Areas of the Gulf until certain volumes of oil equivalent are produced. (Sec. 303) Provides for new leases and lease sales on the basis of a cash bonus bid meeting certain criteria. (Sec. 304) Suspends royalties for a five-year period for new leases in specified water depths in the Gulf. Subjects sales of such leases to such cash bonus bidding system.

01 Reported to Senate with amendment(s) May 7, 2001

TABLE OF CONTENTS: Title I: Alaska Power Administration Asset Sale and Termination Act Title II: Trans-Alaska Pipeline Amendment Act of 1995 Title I: Alaska Power Administration Asset Sale and Termination Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. Authorizes appropriations to prepare or acquire Eklutna and Snettisham assets for sale and conveyance. Declares that both Projects shall continue to be exempt from certain Federal Power Act licensing requirements (subject to a certain Memorandum of Agreement). Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance. Provides for an action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum, or challenging actions of the Memorandum parties before adoption of the Program, if it is brought within 90 days after the Governor adopts such Program. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Eklutna and Snettisham lands) improved lands under certain statutory selection entitlements. Title II: Trans-Alaska Pipeline Amendment Act of 1995 - Amends the Trans-Alaska Pipeline Authorization Act to authorize the export of certain Alaskan North Slope oil. Mandates that such oil be transported in U.S. documented vessels owned by U.S. citizens. Declares that this Act does not restrict the President's authority to prohibit the exportation of such oil. Amends the Energy Policy and Conservation Act to require the President to indicate periodically whether independent refiners in Petroleum Administration District 5 have been unable to secure adequate crude oil supplies as a result of Alaskan North Slope crude oil exports in the prior calendar year. Instructs the Comptroller General to review and report to certain congressional committees on the effects of Alaskan North Slope crude oil exports upon West Coast consumers, independent refiners, and shipbuilding and ship repair yards.

00 Introduced in Senate May 7, 2001

TABLE OF CONTENTS: Title I: Alaska Power Administration Sale Act Title II: Trans-Alaska Pipeline Amendment Act of 1995 Title I: Alaska Power Administration Sale Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. Authorizes appropriations to prepare or acquire Eklutna and Snettisham assets for sale and conveyance. Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants jurisdiction to the U.S. District Court for the District of Alaska to review and enforce such Memorandum, including the remedy of specific performance. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Eklutna and Snettisham lands) improved lands under certain statutory selection entitlements. Title II: Trans-Alaska Pipeline Amendment Act of 1995 - Amends the Trans-Alaska Pipeline Authorization Act to authorize the export of certain Alaskan North Slope oil. Mandates that such oil be transported in U.S. documented vessels owned by U.S. citizens. Declares that this Act does not restrict the President's authority to prohibit the exportation of such oil. Amends the Energy Policy and Conservation Act to require the President to indicate periodically whether independent refiners in Petroleum Administration District 5 have been unable to secure adequate crude oil supplies as a result of Alaskan North Slope crude oil exports in the prior calendar year. Instructs the Comptroller General to review and report to certain congressional committees on the effects of Alaskan North Slope crude oil exports upon West Coast consumers, independent refiners, and shipbuilding and ship repair yards.

Sponsors

Timeline

Nov 28, 1995

Signed by President.

Nov 28, 1995

Signed by President.

Nov 28, 1995

Became Public Law No: 104-58.

Nov 28, 1995

Became Public Law No: 104-58.

Nov 16, 1995

Presented to President.

Nov 16, 1995

Presented to President.

Nov 15, 1995

Message on Senate action sent to the House.

Nov 14, 1995

Conference report considered in Senate. (consideration: CR S17019-17026, S17032-17035)

Nov 14, 1995

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 69-29. Record Vote No: 574.(consideration: CR S17035)

Nov 14, 1995

Senate agreed to conference report by Yea-Nay Vote. 69-29. Record Vote No: 574. (consideration: CR S17035)

Nov 8, 1995

Rule H. Res. 256 passed House.

Nov 8, 1995

Mr. Young (AK) brought up conference report H. Rept. 104-312 for consideration under the provisions of H. Res. 256. (consideration: CR H11861-11881)

Nov 8, 1995

DEBATE - Pursuant to the provisions of H. Res. 256, the House proceeded with one hour of general debate on the conference report.

Nov 8, 1995

Mr. Miller (CA) moved to recommit with instructions to the conference committee.

Nov 8, 1995

The previous question on the motion to recommit with instructions to conference committee was ordered without objection.

Nov 8, 1995

On motion to recommit with instructions to conference committee Failed by the Yeas and Nays: 160 - 261 (Roll no. 771). (consideration: CR H11881)

Nov 8, 1995

Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 289 - 134 (Roll no. 772).(consideration: CR H11881)

Nov 8, 1995

Motion to reconsider laid on the table Agreed to without objection.

Nov 8, 1995

On agreeing to the conference report Agreed to by the Yeas and Nays: 289 - 134 (Roll no. 772). (consideration: CR H11881)

Nov 8, 1995

Conference papers: message on House action held at the desk in Senate.

Nov 7, 1995

Conference papers: Senate report and managers' statement held at the desk in Senate.

Nov 7, 1995

Rules Committee Resolution H. Res. 256 Reported to House. Rule provides for consideration of the conference report to S. 395. Waiving all points of order against the conference report and against its consideration.

Nov 6, 1995

Mr. Jones asked unanimous consent that managers on the part of the House have until midnight on Nov. 6 to file a conference report on S. 395. Agreed to without objection.

Nov 6, 1995

Conference committee actions: Conferees agreed to file conference report.

Nov 6, 1995

Conferees agreed to file conference report.

Nov 6, 1995

Conference report filed: Conference report H. Rept. 104-312 filed. Filed late, pursuant to previous special order.(text of conference report: CR H11775-11778)

Nov 6, 1995

Conference report H. Rept. 104-312 filed. Filed late, pursuant to previous special order. (text of conference report: CR H11775-11778)

Oct 17, 1995

The Speaker appointed an additional conferee for consideration of House amendment No. 4 to fill the vacancy resulting from the resignation from the House of Mr. Mineta: Oberstar.

Oct 11, 1995

The Speaker appointed an additional conferee for consideration of House amendment No. 2, to fill the vacancy resulting from the resignation from the House of Mr. Mineta: Oberstar.

Sep 29, 1995

Conference committee actions: Conference held.

Sep 29, 1995

Conference held.

Sep 6, 1995

Message on Senate action sent to the House.

Aug 5, 1995

Resolving differences -- Senate actions: Senate disagreed to the amendments of the House by Voice Vote.

Aug 5, 1995

Senate disagreed to the amendments of the House by Voice Vote.

Aug 5, 1995

Senate agreed to request for conference. Appointed conferees. Murkowski; Hatfield; Domenici; Johnston; Ford. (consideration: CR S11709)

Jul 26, 1995

Message on House action received in Senate and at the desk: House amendments to Senate bill and House requests a conference.

Jul 25, 1995

Considered under the provisions of rule H. Res. 197. (consideration: CR H7576-7587)

Jul 25, 1995

Rule provides for consideration of H.R. 70 with 1 hour of general debate. Motion to recommit with or without instructions. The rule makes in order the amendment in the nature of a substitute recommended by the Resources Committee for the purpose of amendment under the five minute rule. Authorizes the Chair to accord priority in recognition to Members who have pre-printed their amendment in the Congressional Record. Measure will be considered read. Bill is open to amendments. After passage of H.R. 70, it shall be in order to take from the Speaker's table the bill S. 395 and consider the Senate bill in the House. It shall be in order to consider an amendment described in subsection (b) of the rule. The previous question shall be considered as ordered without intervening motion except one motion to recommit with or without instructions.

Jul 25, 1995

Passed/agreed to in House: On passage Passed without objection.

Jul 25, 1995

On passage Passed without objection.

Jul 25, 1995

Motion to reconsider laid on the table Agreed to without objection.

Jul 25, 1995

On motion that the House insist upon its amendments, and request a conference Agreed to without objection.

Jul 25, 1995

Mr. Young (AK) asked unanimous consent that the House insist upon its amendments, and request a conference.

Jul 25, 1995

Mr. Miller (CA) moved that the House instruct conferees.

Jul 25, 1995

DEBATE - The House proceeded with one hour of debate on the Miller (CA) motion to instruct conferees on the part of the House to insist upon the provisions of the House amendment that strike the provisions of S. 395 relating to the Outer Continental Shelf Deep Water Royalty Relief Act.

Jul 25, 1995

On motion that the House instruct conferees Agreed to by the Yeas and Nays: 261 - 161 (Roll no. 565). (consideration: CR H7579-7587)

Jul 25, 1995

The title of the measure was amended. Agreed to without objection.

Jul 25, 1995

The Speaker appointed conferees for consideration of House amendment No. 1: Young (AK), Calvert, Bliley, Miller (CA), and Dingell.

Jul 25, 1995

The Speaker appointed conferees for consideration of House amendment No. 2: Young (AK), Calvert, Thomas, Roth, Bliley, Coble, Miller (CA), Hamilton, Dingell, and Mineta.

Jul 25, 1995

The Speaker appointed conferees for consideration of House amendment No. 3: Spence, Kasich, and Dellums.

Jul 25, 1995

The Speaker appointed conferees for consideration of House amendment No. 4: Coble, Fowler, and Mineta.

Jul 25, 1995

The Speaker appointed conferees for consideration of House amendment No. 5: Young (AK), Calvert, and Miller (CA).

Jul 25, 1995

Motion to reconsider laid on the table Agreed to without objection.

May 18, 1995

Received in the House.

May 18, 1995

Message on Senate action sent to the House.

May 18, 1995

Held at the desk.

May 16, 1995

Considered by Senate. (consideration: CR S6728, S6730-6742)

May 16, 1995

Passed/agreed to in Senate: Passed Senate with amendments and an amendment to the Title by Yea-Nay Vote. 74-25. Record Vote No: 170.

May 16, 1995

Passed Senate with amendments and an amendment to the Title by Yea-Nay Vote. 74-25. Record Vote No: 170.

May 15, 1995

Measure laid before Senate by unanimous consent. (consideration: CR S6650-6675)

May 15, 1995

Motion to table first committee amendment agreed to in Senate by Yea-Nay Vote. 80-6. Record Vote No: 167.

May 15, 1995

Cloture motion on the bill presented in Senate. (consideration: CR S6678)

Apr 27, 1995

Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with amendments and an amendment to the title. With written report No. 104-78.

Apr 27, 1995

Committee on Energy and Natural Resources. Reported to Senate by Senator Murkowski with amendments and an amendment to the title. With written report No. 104-78.

Apr 27, 1995

Placed on Senate Legislative Calendar under General Orders. Calendar No. 101.

Mar 15, 1995

Committee on Energy and Natural Resources. Ordered to be reported with amendments favorably.

Mar 1, 1995

Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 104-33.

Feb 13, 1995

Introduced in Senate

Feb 13, 1995

Sponsor introductory remarks on measure. (CR S2569-2570)

Feb 13, 1995

Read twice and referred to the Committee on Energy and Natural Resources.

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Amendments

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