
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7152]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                 SUBCHAPTER III--TRANSFERS OF FUNCTIONS
 
Sec. 7152. Transfers from Department of the Interior


(a) Functions relating to electric power

    (1) There are transferred to, and vested in, the Secretary all 
functions of the Secretary of the Interior under section 825s of title 
16, and all other functions of the Secretary of the Interior, and 
officers and components of the Department of the Interior, with respect 
to--
        (A) the Southeastern Power Administration;
        (B) the Southwestern Power Administration;
        (C) the Bonneville Power Administration including but not 
    limited to the authority contained in the Bonneville Project Act of 
    1937 [16 U.S.C. 832 et seq.] and the Federal Columbia River 
    Transmission System Act [16 U.S.C. 838 et seq.];
        (D) the power marketing functions of the Bureau of Reclamation, 
    including the construction, operation, and maintenance of 
    transmission lines and attendant facilities; and
        (E) 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 
    June 18, 1954, as amended by the Act of December 23, 1963.

    (2) The Southeastern Power Administration, the Southwestern Power 
Administration, and the Bonneville Power Administration,\1\ 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.
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    \1\ So in original. The comma probably should not appear.
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    (3) 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.

(b), (c) Repealed. Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 
        Stat. 1407

(d) 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 May 15, 1910, and other authorities, exercised by the Bureau of 
Mines, but limited to--
        (1) fuel supply and demand analysis and data gathering;
        (2) 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
        (3) coal preparation and analysis.

(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.
    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.


                    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 (40 U.S.C. 484) 
[see Short Title note set out under section 471 of Title 40, Public 
Buildings, Property, and Works] 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.''

                  Section Referred to in Other Sections

    This section is referred to in section 7153 of this title; title 16 
section 839f; title 33 section 2213.
