109 STAT. 558
PUBLIC LAW 104-58—NOV. 28, 1995
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. —T here are authorized
to be appropriated such sums as may be necessary to prepare,
survey, and acquire Eklutna and Snettisham for sale and convey-
ance. Such preparations and acquisitions shall provide sufficient
title to ensure the beneficial use, enjojment, 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 Greneration 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
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