Title 16 -- Conservation


-CITE-
    16 USC CHAPTER 12B - BONNEVILLE PROJECT                      01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
    .
 
-HEAD-
    CHAPTER 12B - BONNEVILLE PROJECT
 
-MISC1-
    Sec.
    832. Completion and maintenance of project; generation of
      electricity.
    832a. General administrative provisions.
                  (a) Appointment of Administrator; powers and duties.
                  (b) Electric transmission lines and equipment.
                  (c) Acquisition of property.
                  (d) Condemnation.
                  (e) Disposal of property.
                  (f) Contracts.
    832a-1. Repealed.
    832b. Definitions.
    832c. Distribution of electricity; preference to public bodies and
      cooperatives.
                  (a) General provisions.
                  (b) Prior to January 1, 1942; subsequent thereto.
                  (c) Allowance of time for financing.
                  (d) Congressional declaration of policy; allowance of
                        time for creation and organization.
    832d. Contracts for sale of electricity.
                  (a) Authorization of Administrator; contents of
                        contracts.
                  (b) Exchange of excess power.
    832e. Rate schedules.
    832f. Elements in determining rates.
    832g. Purchase of supplies and services.
    832h. Miscellaneous administrative provisions.
                  (a) Accounts; audit; procedures, etc., prescribed.
                  (b) Current expenses.
    832i. Employment of personnel.
                  (a) Appointment of Assistant Administrator, chief
                        engineer, and general counsel; compensation;
                        duties.
                  (b) Officers and employees; compensation.
                  (c) Voluntary and uncompensated services; utilization
                        of personnel and equipment of other
                        governmental agencies.
    832j. Deposit of receipts; authorization of appropriations.
    832k. Authority of Administrator.
                  (a) Settlement, compromise, and payment of claims;
                        limitations; conclusiveness of settlements;
                        restoration of damage.
                  (b) Authorization to bring legal proceedings;
                        representation; supervision by Attorney
                        General.
    832l. Separability.
    832m. Sale of excess Federal power; fish and wildlife conservation
      within Federal Columbia River Power System; residential exchange;
      personnel flexibility.
                  (a) Definitions.
                  (b) Sale of excess Federal power.
                  (c) Study by Council.
                  (d) Corps of Engineers procurement.
                  (e) Residential exchange.
                  (f) Personnel flexibility.
                  (g) Savings.
 
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS
      This chapter is referred to in sections 839c, 839e, 837f of this
    title; title 40 section 474; title 42 section 7152.
 
-CITE-
    16 USC Sec. 832                                              01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832. Completion and maintenance of project; generation of
        electricity
 
-STATUTE-
      For the purpose of improving navigation on the Columbia River,
    and for other purposes incidental thereto, the dam, locks, power
    plant, and appurtenant works under construction on August 20, 1937,
    at Bonneville, Oregon and North Bonneville, Washington (called
    Bonneville project in this chapter), shall be completed,
    maintained, and operated under the direction of the Secretary of
    the Army and the supervision of the Chief of Engineers, subject to
    the provisions of this chapter relating to the powers and duties of
    the Bonneville power administrator provided for in section 832a(a)
    of this title (called the administrator in this chapter) respecting
    the transmission and sale of electric energy generated at said
    project.  The Secretary of the Army shall provide, construct,
    operate, maintain, and improve at Bonneville project such
    machinery, equipment, and facilities for the generation of electric
    energy as the administrator may deem necessary to develop such
    electric energy as rapidly as markets may be found therefor.  The
    electric energy thus generated and not required for the operation
    of the dam and locks at such project and the navigation facilities
    employed in connection therewith shall be delivered to the
    administrator, for disposition as provided in this chapter.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 1, 50 Stat. 731; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)
 
-CHANGE-
                               CHANGE OF NAME
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
    continued military Department of the Army under administrative
    supervision of a Secretary of the Army.
 
-MISC4-
                                SHORT TITLE
      Act Aug. 20, 1937, ch. 720, 50 Stat. 731, which enacted this
    chapter, is popularly known as the ''Bonneville Project Act of
    1937''.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 832f of title.
 
-CITE-
    16 USC Sec. 832a                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832a. General administrative provisions
 
-STATUTE-
    (a) Appointment of Administrator; powers and duties
      The electric energy generated in the operation of the said
    Bonneville project shall be disposed of by the said administrator
    as provided in this chapter.  The administrator shall be appointed
    by the Secretary of Energy; shall be responsible to said Secretary
    of Energy; and shall maintain his principal office at a place
    selected by him in the vicinity of the Bonneville project.
      The Administrator shall, as in this chapter provided, make all
    arrangements for the sale and disposition of electric energy
    generated at Bonneville project not required for the operation of
    the dam and locks at such project and the navigation facilities
    employed in connection therewith.  He shall act in consultation
    with the Secretary of Energy. The form of administration
    established in this chapter for the Bonneville project is intended
    to be provisional pending the establishment of a permanent
    administration for Bonneville and other projects in the Columbia
    River Basin. The Secretary of the Army shall install and maintain
    additional machinery, equipment, and facilities for the generation
    of electric energy at the Bonneville project when in the judgment
    of the administrator such additional generating facilities are
    desirable to meet actual or potential market requirements for such
    electric energy.  The Secretary of the Army shall schedule the
    operations of the several electrical generating units and
    appurtenant equipment of the Bonneville project in accordance with
    the requirements of the administrator.  The Secretary of the Army
    shall provide and maintain for the use of the administrator at said
    Bonneville project adequate station space and equipment, including
    such switches, switchboards, instruments, and dispatching
    facilities as may be required by the administrator for proper
    reception, handling, and dispatching of the electric energy
    produced at the said project, together with transformers and other
    equipment required by the administrator for the transmission of
    such energy from that place at suitable voltage to the markets
    which the administrator desires to serve.
      The office of the Administrator of the Bonneville project is
    constituted an office in the Department of Energy and shall be
    under the jurisdiction and control of the Secretary of Energy. All
    functions vested in the Administrator of the Bonneville project
    under this chapter may be exercised by the Secretary of Energy and,
    subject to his supervision and direction, by the Administrator and
    other personnel of the project.
    (b) Electric transmission lines and equipment
      In order to encourage the widest possible use of all electric
    energy that can be generated and marketed and to provide reasonable
    outlets therefor, and to prevent the monopolization thereof by
    limited groups, the administrator is authorized and directed to
    provide, construct, operate, maintain, and improve such electric
    transmission lines and substations, and facilities and structures
    appurtenant thereto, as he finds necessary, desirable, or
    appropriate for the purpose of transmitting electric energy,
    available for sale, from the Bonneville project to existing and
    potential markets, and, for the purpose of interchange of electric
    energy, to interconnect the Bonneville project with other Federal
    projects and publicly owned power systems constructed on or after
    August 20, 1937.
    (c) Acquisition of property
      The administrator is authorized, in the name of the United
    States, to acquire, by purchase, lease, condemnation, or donation,
    such real and personal property, or any interest therein, including
    lands, easements, rights-of-way, franchises, electric transmission
    lines, substations, and facilities and structures appurtenant
    thereto, as the administrator finds necessary or appropriate to
    carry out the purposes of this chapter.  Title to all property and
    property rights acquired by the administrator shall be taken in the
    name of the United States.
    (d) Condemnation
      The administrator shall have power to acquire any property or
    property rights, including patent rights, which in his opinion are
    necessary to carry out the purposes of this chapter, by the
    exercise of the right of eminent domain and to institute
    condemnation proceedings therefor in the same manner as is provided
    by law for the condemnation of real estate.
    (e) Disposal of property
      The administrator is authorized, in the name of the United
    States, to sell, lease, or otherwise dispose of such personal
    property as in his judgment is not required for the purposes of
    this chapter and such real property and interests in land acquired
    in connection with construction or operation of electric
    transmission lines or substations as in his judgment are not
    required for the purposes of this chapter: Provided, however, That
    before the sale, lease, or disposition of real property or
    transmission lines, as herein provided, the administrator shall
    secure the approval of the President of the United States.
    (f) Contracts
      Subject only to the provisions of this chapter, the Administrator
    is authorized to enter into such contracts, agreements, and
    arrangements, including the amendment, modification, adjustment, or
    cancelation (FOOTNOTE 1) thereof and the compromise or final
    settlement of any claim arising thereunder, and to make such
    expenditures, upon such terms and conditions and in such manner as
    he may deem necessary.
       (FOOTNOTE 1) So in original.  Probably should be
    ''cancellation''.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 2, 50 Stat. 732; Mar. 6, 1940, ch.
    47, Sec. 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, Sec. 1, 5, 59
    Stat. 546, 547; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
    Stat. 501; 1965 Reorg. Plan No. 4, Sec. 11(c), 13(a), eff.  July
    27, 1965, 30 F.R. 9353, 79 Stat. 1321; Pub. L. 95-91, title III,
    Sec. 302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.)
 
-COD-
                                CODIFICATION
      Provisions of the first par. of subsec. (a) which prescribed the
    compensation of the Administrator were omitted as compensation of
    the Administrator is prescribed by section 5316 of Title 5,
    Government Organization and Employees.
 
-MISC3-
                                 AMENDMENTS
      1945 - Subsec. (a). Act Oct. 23, 1945, Sec. 5, struck out
    provisions relating to the appointment and compensation of an
    Assistant Administrator, chief engineer and general counsel and to
    the powers and duties of the Assistant Administrator. See section
    832i of this title.
      Subsec. (f). Act Oct. 23, 1945, Sec. 1, substituted ''is
    authorized to enter into such contracts, agreements, and
    arrangements, including the amendment, modification, adjustment, or
    cancelation thereof and the compromise or final settlement of any
    claim arising thereunder, and to make such expenditures, upon such
    terms and conditions and in such manner as he may deem necessary''
    for ''is authorized, in the name of the United States, to negotiate
    and enter into such contracts, agreements, and arrangements as he
    shall find necessary or appropriate to carry out the purposes of
    this chapter''.
      1940 - Subsec. (a). Act Mar. 6, 1940, inserted provisions
    relating to jurisdiction and functions of administrator.
 
-CHANGE-
                               CHANGE OF NAME
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
    continued military Department of the Army under administrative
    supervision of Secretary of the Army.
 
-MISC4-
                                  REPEALS
      Act Mar. 6, 1940, ch. 47, Sec. 1, 54 Stat. 47, cited as a credit
    to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept.
    6, 1966, 80 Stat. 650.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      In subsec. (a), ''Secretary of Energy'' substituted for
    ''Secretary of the Interior'' in five places and ''Department of
    Energy'' substituted for ''Department of the Interior'' pursuant to
    Pub. L. 95-91, Sec. 302(a)(1)(D), (2), which is classified to
    section 7152(a)(1)(D), (2) of Title 42, The Public Health and
    Welfare, and which transferred functions of Secretary of the
    Interior with respect to Bonneville Power Administration to
    Secretary of Energy, with Bonneville Power Administration to be
    preserved as a distinct organizational entity within Department of
    Energy and headed by an Administrator.
      Provisions of the second sentence of the second par. of subsec.
    (a), which related to the advisory board and its composition, were
    omitted pursuant to Reorg. Plan No. 4 of 1965, Sec. 11(c) and
    13(a), set out in the Appendix to Title 5, Government Organization
    and Employees, which abolished the advisory board and transferred
    its functions, including the functions of the chairman and other
    officers, to the Secretary of the Interior.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      Procedure in condemnation proceedings, see rule 71A of the
    Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and
    Judicial Procedure.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 832, 838i, 839f of this
    title.
 
-CITE-
    16 USC Sec. 832a-1                                           01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832a-1. Repealed. Pub. L. 88-426, title III, Sec. 305(36),
        Aug. 14, 1964, 78 Stat. 427
 
-MISC1-
      Section, Pub. L. 87-330, title II, Sec. 200, Sept. 30, 1961, 75
    Stat. 728, prescribed the compensation of the Administrator,
    Bonneville Power Administration, and is prescribed by section 5316
    of Title 5, Government Organization and Employees.
                          EFFECTIVE DATE OF REPEAL
      Repeal effective on first day of first pay period which begins on
    or after July 1, 1964, see section 501 of Pub. L. 88-426.
 
-CITE-
    16 USC Sec. 832b                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832b. Definitions
 
-STATUTE-
      As employed in this chapter, the term ''public body'', or
    ''public bodies'', means States, public power districts, counties,
    and municipalities, including agencies or subdivisions of any
    thereof.
      As employed in this chapter, the term ''cooperative'', or
    ''cooperatives'', means any form of nonprofit-making organization
    or organizations of citizens supplying, or which may be created to
    supply, members with any kind of goods, commodities, or services,
    as nearly as possible at cost.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 3, 50 Stat. 733.)
 
-CITE-
    16 USC Sec. 832c                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832c. Distribution of electricity; preference to public bodies
        and cooperatives
 
-STATUTE-
    (a) General provisions
      In order to insure that the facilities for the generation of
    electric energy at the Bonneville project shall be operated for the
    benefit of the general public, and particularly of domestic and
    rural consumers, the administrator shall at all times, in disposing
    of electric energy generated at said project, give preference and
    priority to public bodies and cooperatives.
    (b) Prior to January 1, 1942; subsequent thereto
      To preserve and protect the preferential rights and priorities of
    public bodies and cooperatives as provided in subsection (a) of
    this section and to effectuate the intent and purpose of this
    chapter that at all times up to January 1, 1942, there shall be
    available for sale to public bodies and cooperatives not less than
    50 per centum of the electric energy produced at the Bonneville
    project, it shall be the duty of the administrator in making
    contracts for the sale of such energy to so arrange such contracts
    as to make such 50 per centum of such energy available to said
    public bodies and cooperatives until January 1, 1942: Provided,
    That the electric energy so reserved for but not actually purchased
    by and delivered to such public bodies and cooperatives prior to
    January 1, 1942, may be disposed of temporarily so long as such
    temporary disposition will not interfere with the purchase by and
    delivery to such public bodies and cooperatives at any time prior
    to January 1, 1942: Provided further, That nothing herein contained
    shall be construed to limit or impair the preferential and priority
    rights of such public bodies or cooperatives after January 1, 1942;
    and in the event that after such date there shall be conflicting or
    competing applications for an allocation of electric energy between
    any public body or cooperative on the one hand and a private agency
    of any character on the other, the application of such public body
    or cooperative shall be granted.
    (c) Allowance of time for financing
      An application by any public body or cooperative for an
    allocation of electric energy shall not be denied, or another
    application competing or in conflict therewith be granted, to any
    private corporation, company, agency, or person, on the ground that
    any proposed bond or other security issue of any such public body
    or cooperative, the sale of which is necessary to enable such
    prospective purchaser to enter into the public business of selling
    and distributing the electric energy proposed to be purchased, has
    not been authorized or marketed, until after a reasonable time, to
    be determined by the administrator, has been afforded such public
    body or cooperative to have such bond or other security issue
    authorized or marketed.
    (d) Congressional declaration of policy; allowance of time for
        creation and organization
      It is declared to be the policy of the Congress, as expressed in
    this chapter, to preserve the said preferential status of the
    public bodies and cooperatives herein referred to, and to give to
    the people of the States within economic transmission distance of
    the Bonneville project reasonable opportunity and time to hold any
    election or elections or take any action necessary to create such
    public bodies and cooperatives as the laws of such States authorize
    and permit, and to afford such public bodies or cooperatives
    reasonable time and opportunity to take any action necessary to
    authorize the issuance of bonds or to arrange other financing
    necessary to construct or acquire necessary and desirable electric
    distribution facilities, and in all other respects legally to
    become qualified purchasers and distributors of electric energy
    available under this chapter.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 4, 50 Stat. 733; Mar. 6, 1940, ch.
    47, Sec. 3, 54 Stat. 47.)
 
-MISC1-
                                 AMENDMENTS
      1940 - Subsec. (b). Act Mar. 6, 1940, substituted ''January 1,
    1942'' for ''January 1, 1941'' wherever appearing.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 839c of this title.
 
-CITE-
    16 USC Sec. 832d                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832d. Contracts for sale of electricity
 
-STATUTE-
    (a) Authorization of Administrator; contents of contracts
      Subject to the provisions of this chapter and to such rate
    schedules as the Secretary of Energy may approve, as provided in
    this chapter, the administrator shall negotiate and enter into
    contracts for the sale at wholesale of electric energy, either for
    resale or direct consumption, to public bodies and cooperatives and
    to private agencies and persons and for the disposition of electric
    energy to Federal agencies.  Contracts for the sale of electric
    energy to any private person or agency other than a privately owned
    public utility engaged in selling electric energy to the general
    public, shall contain a provision forbidding such private purchaser
    to resell any of such electric energy so purchased to any private
    utility or agency engaged in the sale of electric energy to the
    general public, and requiring the immediate canceling of such
    contract of sale in the event of violation of such provision.
    Contracts entered into under this subsection shall be binding in
    accordance with the terms thereof and shall be effective for such
    period or periods, including renewals or extensions, as may be
    provided therein, not exceeding in the aggregate twenty years from
    the respective dates of the making of such contracts.  Contracts
    entered into under this subsection shall contain (1) such
    provisions as the administrator and purchaser agree upon for the
    equitable adjustment of rates at appropriate intervals, not less
    frequently than once in every five years, and (2) in the case of a
    contract with any purchaser engaged in the business of selling
    electric energy to the general public, the contract shall provide
    that the administrator may cancel such contract upon five years'
    notice in writing if in the judgment of the administrator any part
    of the electric energy purchased under such contract is likely to
    be needed to satisfy the requirements of the said public bodies or
    cooperatives referred to in this chapter, and that such cancelation
    may be with respect to all or any part of the electric energy so
    purchased under said contract to the end that the preferential
    rights and priorities accorded public bodies and cooperatives under
    this chapter shall at all times be preserved.  Contracts entered
    into with any utility engaged in the sale of electric energy to the
    general public shall contain such terms and conditions, including
    among other things stipulations concerning resale and resale rates
    by any such utility, as the administrator may deem necessary,
    desirable or appropriate to effectuate the purposes of this chapter
    and to insure that resale by such utility to the ultimate consumer
    shall be at rates which are reasonable and nondiscriminatory.  Such
    contracts shall also require such utility to keep on file in the
    office of the administrator a schedule of all its rates and charges
    to the public for electric energy and such alterations and changes
    therein as may be put into effect by such utility.
    (b) Exchange of excess power
      The administrator is authorized to enter into contracts with
    public or private power systems for the mutual exchange of unused
    excess power upon suitable exchange terms for the purpose of
    economical operation or of providing emergency or break-down
    relief.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 5, 50 Stat. 734; Oct. 23, 1945, ch.
    433, Sec. 2, 59 Stat. 546; Pub. L. 95-91, title III, Sec. 301(b),
    Aug. 4, 1977, 91 Stat. 578.)
 
-MISC1-
                                 AMENDMENTS
      1945 - Subsec. (a). Act Oct. 23, 1945, inserted ''and for the
    disposition of electric energy to Federal agencies'' in first
    sentence.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      ''Secretary of Energy'' substituted for ''Federal Power
    Commission'' in subsec. (a) pursuant to Pub. L. 95-91, Sec. 301(b),
    which is classified to section 7151(b) of Title 42, The Public
    Health and Welfare.
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, with Bonneville Power
    Administration to be preserved as a distinct organizational entity
    within Department of Energy and headed by an Administrator.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.
      Executive and administrative functions of Federal Power
    Commission, with certain reservations, transferred to Chairman of
    such Commission, with authority vested in him to authorize their
    performance by any officer, employee, or administrative unit under
    his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.
    May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
    section 792 of this title.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 832m, 839c of this title.
 
-CITE-
    16 USC Sec. 832e                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832e. Rate schedules
 
-STATUTE-
      Schedules of rates and charges for electric energy produced at
    the Bonneville project and sold to purchasers as in this chapter
    provided shall be prepared by the administrator and become
    effective upon confirmation and approval thereof by the Secretary
    of Energy; and such rates and charges shall also be applicable to
    dispositions of electric energy to Federal agencies.  Subject to
    confirmation and approval by the Secretary of Energy, such rate
    schedules may be modified from time to time by the administrator,
    and shall be fixed and established with a view to encouraging the
    widest possible diversified use of electric energy.  The said rate
    schedules may provide for uniform rates or rates uniform throughout
    prescribed transmission areas in order to extend the benefits of an
    integrated transmission system and encourage the equitable
    distribution of the electric energy developed at the Bonneville
    project.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 6, 50 Stat. 735; Oct. 23, 1945, ch.
    433, Sec. 3, 59 Stat. 546; Pub. L. 95-91, title III, Sec. 301(b),
    Aug. 4, 1977, 91 Stat. 578.)
 
-MISC1-
                                 AMENDMENTS
      1945 - Act Oct. 23, 1945, inserted ''and such rates and charges
    shall also be applicable to dispositions of electric energy to
    Federal agencies'' in first sentence.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      ''Secretary of Energy'' substituted in text for ''Federal Power
    Commission'' pursuant to Pub. L. 95-91, Sec. 301(b), which is
    classified to section 7151(b) of Title 42, The Public Health and
    Welfare.
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.
      Executive and administrative functions of Federal Power
    Commission, with certain reservations, transferred to Chairman of
    such Commission, with authority vested in him to authorize their
    performance by any officer, employee, or administrative unit under
    his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.
    May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
    section 792 of this title.
 
-CITE-
    16 USC Sec. 832f                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832f. Elements in determining rates
 
-STATUTE-
      It is the intent of Congress that rate schedules for the sale of
    electric energy which is or may be generated at the Bonneville
    project in excess of the amount required for operating the dam,
    locks, and appurtenant works at said project shall be determined
    with due regard to and predicated upon the fact that such electric
    energy is developed from water power created as an incident to the
    construction of the dam in the Columbia River at the Bonneville
    project for the purposes set forth in section 832 of this title.
    Rate schedules shall be drawn having regard to the recovery (upon
    the basis of the application of such rate schedules to the capacity
    of the electric facilities of Bonneville project) of the cost of
    producing and transmitting such electric energy, including the
    amortization of the capital investment over a reasonable period of
    years.  Rates schedules shall be based upon an allocation of costs
    made by the Secretary of Energy. In computing the cost of electric
    energy developed from water power created as an incident to and a
    byproduct of the construction of the Bonneville project, the
    Secretary of Energy may allocate to the costs of electric
    facilities such a share of the cost of facilities having joint
    value for the production of electric energy and other purposes as
    the power development may fairly bear as compared with such other
    purposes.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 7, 50 Stat. 735; Pub. L. 95-91, title
    III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 578.)
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      ''Secretary of Energy'' substituted in text for ''Federal Power
    Commission'' pursuant to Pub. L. 95-91, Sec. 301(b), which is
    classified to section 7151(b) of Title 42, The Public Health and
    Welfare.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.
 
-CITE-
    16 USC Sec. 832g                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832g. Purchase of supplies and services
 
-STATUTE-
      Notwithstanding any other provision of law, all purchases and
    contracts made by the administrator or the Secretary of the Army
    for supplies or for services except for personal services, shall be
    made after advertising, in such manner and at such times,
    sufficiently in advance of opening bids, as the administrator or
    Secretary of the Army, as the case may be, shall determine to be
    adequate to insure notice and opportunity for competition.  Such
    advertisement shall not be required, however, when (1) an emergency
    requires immediate delivery of the supplies or performance of the
    services; or (2) repair parts, accessories, supplemental equipment,
    or services are required for supplies or services previously
    furnished or contracted for; or (3) the aggregate amount involved
    in any purchase of supplies or procurement of services does not
    exceed $500; in which cases such purchases of supplies or
    procurement of services may be made in the open market in the
    manner common among businessmen.  In comparing bids and in making
    awards, the administrator or the Secretary of the Army, as the case
    may be, may consider such factors as relative quality and
    adaptability of supplies or services, the bidder's financial
    responsibility, skill, experience, record of integrity in dealing,
    and ability to furnish repairs and maintenance services, the time
    of delivery or performance offered, and whether the bidder has
    complied with the specifications.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 8, 50 Stat. 735; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501.)
 
-CHANGE-
                               CHANGE OF NAME
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
    continued military Department of the Army under administrative
    supervision of Secretary of the Army.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
 
-CITE-
    16 USC Sec. 832h                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832h. Miscellaneous administrative provisions
 
-STATUTE-
    (a) Accounts; audit; procedures, etc., prescribed
      The administrator, subject to the requirements of the Federal
    Power Act (16 U.S.C. 791a et seq.), shall keep complete and
    accurate accounts of operations, including all funds expended and
    received in connection with transmission and sale of electric
    energy generated at the Bonneville project, and in the maintenance
    of such accounts, appropriate obligations shall be established for
    annual and sick leave of absence as earned.  The Administrator
    shall, after the close of each fiscal year, obtain an independent
    commercial-type audit of such accounts.  The forms, systems, and
    procedures prescribed by the Comptroller General for the
    Administrator's appropriation and fund accounting shall be in
    accordance with the requirements of the Federal Power Act with
    respect to accounts of electric operations of public utilities and
    the regulations of the Federal Energy Regulatory Commission
    pursuant thereto.
    (b) Current expenses
      The administrator may make such expenditures for offices,
    vehicles, furnishings, equipment, supplies, and books; for
    attendance at meetings; and for such other facilities and services
    as he may find necessary for the proper administration of this
    chapter.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 9, 50 Stat. 736; Oct. 23, 1945, ch.
    433, Sec. 4, 59 Stat. 547; Pub. L. 89-448, Sec. 2(a), formerly Sec.
    2, June 14, 1966, 80 Stat. 200, as renumbered Pub. L. 89-561, Sec.
    6(1), Sept. 7, 1966, 80 Stat. 714; Pub. L. 95-91, title IV, Sec.
    402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Federal Power Act, referred to in subsec. (a), was in the
    original the ''Federal Water Power Act'', and was redesignated the
    Federal Power Act by section 791a of this title.  The Federal Power
    Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and
    is classified generally to chapter 12 (Sec. 791a et seq.) of this
    title.  For complete classification of this Act to the Code, see
    section 791a of this title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1966 - Subsec. (c). Pub. L. 89-448 repealed subsec. (c) which
    provided for annual financial statement to Congress. See section
    835j of this title.
      1945 - Subsec. (a). Act Oct. 23, 1945, inserted provisions
    relating to obligations for annual and sick leave of absence,
    annual commercial-type audits and forms, systems and procedures for
    the Administrator's appropriation and fund accounting.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
      ''Federal Energy Regulatory Commission'' substituted for
    ''Federal Power Commission'' in subsec. (a) pursuant to Pub. L.
    95-91, Sec. 402(a)(1)(B), which is classified to section
    7172(a)(1)(B) of Title 42.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.
      Executive and administrative functions of Federal Power
    Commission, with certain reservations, transferred to Chairman of
    such Commission, with authority vested in him to authorize their
    performance by any officer, employee, or administrative unit under
    his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.
    May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
    section 792 of this title.
 
-CITE-
    16 USC Sec. 832i                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832i. Employment of personnel
 
-STATUTE-
    (a) Appointment of Assistant Administrator, chief engineer, and
        general counsel; compensation; duties
      The Secretary of Energy shall appoint, without regard to the
    civil-service laws, an Assistant Administrator, chief engineer, and
    general counsel and shall fix the compensation of each in
    accordance with chapter 51 and subchapter III of chapter 53 of
    title 5. The Assistant Administrator shall perform the duties and
    exercise the powers of the Administrator, in the event of the
    absence or sickness of the Administrator until such absence or
    sickness shall cease and in the event of a vacancy in the office of
    Administrator until a successor is appointed
    (b) Officers and employees; compensation
      The Administrator, the Secretary of the Army, and the Secretary
    of Energy, respectively, are authorized to appoint, subject to the
    civil-service laws, such officers and employees as may be necessary
    to carry out the purposes of this chapter, the appointment of whom
    is not otherwise provided for, and to fix their compensation in
    accordance with chapter 51 and subchapter III of chapter 53 of
    title 5. The Administrator may employ laborers, mechanics, and
    workmen in connection with construction work or the operation and
    maintenance of electrical facilities (hereinafter called
    ''laborers, mechanics, and workmen''), subject to the civil-service
    laws.  The Administrator is further authorized to employ
    physicians, under agreement and without regard to civil-service
    laws or regulations, to make physical examinations of employees or
    prospective employees who are or may become laborers, mechanics,
    and workmen.  The Administrator, the Secretary of the Army, and the
    Secretary of Energy, respectively, are also authorized to appoint,
    without regard to the civil-service laws, such experts as may be
    necessary for carrying out the functions entrusted to them under
    this chapter.
    (c) Voluntary and uncompensated services; utilization of personnel
        and equipment of other governmental agencies
      The Administrator may accept and utilize such voluntary and
    uncompensated services and with the consent of the agency concerned
    may utilize such officers, employees, or equipment of any agency of
    the Federal, State, or local governments which he finds helpful in
    carrying out the purposes of this chapter; in connection with the
    utilization of such services, reasonable payments may be allowed
    for necessary travel and other expenses.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 10, 50 Stat. 736; Oct. 23, 1945, ch.
    433, Sec. 5, 59 Stat. 547; July 26, 1947, ch. 343, title II, Sec.
    205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI, Sec.
    1106(a), 63 Stat. 972; Pub. L. 95-91, title III, Sec. 301(b),
    302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The civil-service laws, referred to in subsecs. (a) and (b), are
    set forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
 
-COD-
                                CODIFICATION
      In subsecs. (a) and (b), ''chapter 51 and subchapter III of
    chapter 53 of title 5'' substituted for ''the Classification Act of
    1949, as amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept.
    6, 1966, 80 Stat. 631, the first section of which enacted Title 5,
    Government Organization and Employees.
      Provisions of the second and fourth sentences of subsec. (b)
    which authorized the Administrator to fix the compensation of
    laborers, mechanics and workmen without regard to the
    Classification Act of 1923, and any other laws, rules, or
    regulations relating to the payment of employees of the United
    States and which authorized the Administrator, the Secretary of the
    Army and the Secretary of Energy to fix the compensation of experts
    without regard to the Classification Act of 1923, were omitted as
    obsolete.  Sections 1202 and 1204 of the Classification Act of
    1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or
    parts of laws inconsistent with the 1949 Act. While section 1106(a)
    of the 1949 Act provided that references in other laws to the 1923
    Act should be held and considered to mean the 1949 Act, it did not
    have the effect of continuing the exceptions contained in this
    subsection because of section 1106(b) which provided that the
    application of the 1949 Act to any position, officer, or employee
    shall not be affected by section 1106(a). (But see Abell v.  United
    States, 1975, 518 F.2d 1369, cert. denied 429 U.S. 817, and
    Columbia Power Trades Council v.  United States Department of
    Energy, 1980, 496 F.Supp. 186.) The Classification Act of 1949 was
    repealed by Act Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat.
    632 (the first section of which revised and enacted Title 5,
    Government Organization and Employees, into law).  Section 5102 of
    Title 5 contains the applicability provisions of the 1949 Act, and
    section 5103 of Title 5 authorizes the Office of Personnel
    Management to determine the applicability to specific positions and
    employees.
 
-MISC3-
                                 AMENDMENTS
      1949 - Subsecs. (a) and (b). Act Oct. 28, 1949, substituted
    ''Classification Act of 1949'' for ''Classification Act of 1923''.
      1945 - Act Oct. 23, 1945, added subsecs. (a) and (c), designated
    existing provisions as subsec. (b), and amended such provisions
    generally.
                                  REPEALS
      Act Oct. 28, 1949, ch. 782, cited as a credit to this section,
    was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.
    6, 1966, Sec. 8, 80 Stat. 632, 655.
 
-CHANGE-
                               CHANGE OF NAME
      Department of War designated Department of the Army and title of
    Secretary of War changed to Secretary of the Army by section 205(a)
    of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section
    205(a) of act July 26, 1947, was repealed by section 53 of act Aug.
    10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,
    enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
    continued military Department of the Army under administrative
    supervision of Secretary of the Army.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      ''Secretary of Energy'' substituted for ''Secretary of the
    Interior'' in subsec. (a) pursuant to Pub. L. 95-91, Sec.
    302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D),
    (2) of Title 42, The Public Health and Welfare, which transferred
    functions of Secretary of the Interior with respect to Bonneville
    Power Administration to Secretary of Energy, with Bonneville Power
    Administration to be preserved as a distinct organizational entity
    within Department of Energy and headed by an Administrator.
      ''Secretary of Energy'' substituted for ''Federal Power
    Commission'' in subsec. (b) pursuant to Pub. L. 95-91, Sec. 301(b),
    which is classified to section 7151(b) of Title 42.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293
    of Title 42.
      Executive and administrative functions of Federal Power
    Commission, with certain reservations, transferred to Chairman of
    such Commission, with authority vested in him to authorize their
    performance by any officer, employee, or administrative unit under
    his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.
    May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under
    section 792 of this title.
      For transfer of functions of other officers, employees, and
    agencies of Department of the Interior, with certain exceptions, to
    Secretary of the Interior, with power to delegate, see Reorg. Plan
    No. 3 of 1950, Sec. 1, 2, eff.  May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 838i of this title.
 
-CITE-
    16 USC Sec. 832j                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832j. Deposit of receipts; authorization of appropriations
 
-STATUTE-
      All receipts from transmission and sale of electric energy
    generated at the Bonneville project shall be covered into the
    Treasury of the United States to the credit of miscellaneous
    receipts, save and except that the Treasury shall set up and
    maintain from such receipts a continuing fund of $500,000, to the
    credit of the administrator and subject to check by him, to defray
    emergency expenses and to insure continuous operation.  There is
    authorized to be appropriated from time to time, out of moneys in
    the Treasury not otherwise appropriated, such sums as may be
    necessary to carry out the provisions of this chapter, including
    installation of equipment and machinery for the generation of
    electric energy and facilities for its transmission and sale.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 11, 50 Stat. 736.)
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
      Federal Power Commission terminated and its functions, personnel,
    property, funds, etc., transferred to Secretary of Energy (except
    for certain functions transferred to Federal Energy Regulatory
    Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7193
    of Title 42.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 838i of this title.
 
-CITE-
    16 USC Sec. 832k                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832k. Authority of Administrator
 
-STATUTE-
    (a) Settlement, compromise, and payment of claims; limitations;
        conclusiveness of settlements; restoration of damage
      The Administrator is authorized to determine, settle, compromise,
    and pay claims and demands against the United States which are not
    in excess of $1,000 and are presented to the Administrator in
    writing within one year from the date of accrual thereof, for any
    losses, injuries, or damages to persons or property, or for the
    death of persons, resulting from acts or omissions of employees
    acting within the scope of their employment pursuant to this
    chapter.  The Administrator is also authorized to determine,
    compromise, and settle any claims and demands of the United States
    for any losses, injuries, or damages to property under the
    Administrator's control, against other persons or public or private
    corporations.  The Administrator's determination, compromise,
    settlement, or payment of any of the claims referred to in this
    subsection shall be final and conclusive upon all officers of the
    Government, notwithstanding the provisions of any other Act to the
    contrary.  When claims presented to the Administrator under this
    subsection arise, in whole or in part, out of any damage done to
    private property, the Administrator may repair all or any part of
    such damage in lieu of making such payments.
    (b) Authorization to bring legal proceedings; representation;
        supervision by Attorney General
      The Administrator may, in the name of the United States, under
    the supervision of the Attorney General, bring such suits at law or
    in equity as in his judgment may be necessary to carry out the
    purposes of this chapter; and he shall be represented in the
    prosecution and defense of all litigation, affecting the status or
    operation of Bonneville project by the United States attorneys for
    the districts, respectively, in which such litigation may arise, or
    by such attorney or attorneys as the Attorney General may designate
    as authorized by law, in conjunction with the regularly employed
    attorneys of the Administrator.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 12, 50 Stat. 736; Oct. 23, 1945, ch.
    433, Sec. 6, 59 Stat. 547; July 26, 1946, ch. 673, 60 Stat. 701.)
 
-MISC1-
                                 AMENDMENTS
      1946 - Subsec. (b). Act July 26, 1946, took from the
    Administrator the authority to make settlement of suits.
      1945 - Act Oct. 23, 1945, added subsec. (a), designated existing
    provisions as subsec. (b), and amended such provisions generally.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Functions of Secretary of the Interior with respect to Bonneville
    Power Administration transferred to Secretary of Energy by section
    7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with
    Bonneville Power Administration to be preserved as a distinct
    organizational entity within Department of Energy and headed by an
    Administrator.
 
-CROSS-
                      FEDERAL RULES OF CIVIL PROCEDURE
      One form of civil action, see rule 2, Title 28, Appendix,
    Judiciary and Judicial Procedure.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 838i of this title.
 
-CITE-
    16 USC Sec. 832l                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832l. Separability
 
-STATUTE-
      If any provision of this chapter or the application of such
    provision to any person or circumstance shall be held invalid, the
    remainder of the chapter and the application of such provision to
    persons or circumstances other than those as to which it is held
    invalid shall not be affected thereby.
 
-SOURCE-
    (Aug. 20, 1937, ch. 720, Sec. 13, 50 Stat. 736.)
 
-CITE-
    16 USC Sec. 832m                                             01/23/00
 
-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 12B - BONNEVILLE PROJECT
 
-HEAD-
    Sec. 832m. Sale of excess Federal power; fish and wildlife
        conservation within Federal Columbia River Power System;
        residential exchange; personnel flexibility
 
-STATUTE-
    (a) Definitions
      In this section:
      (1) Administrator
        The term ''Administrator'' means the Administrator of the
      Bonneville Power Administration.
      (2) Council
        The term ''Council'' means the Northwest Power and Conservation
      Planning Council.
      (3) Excess Federal power
        The term ''excess Federal power'' means such electric power
      that has become surplus to the firm contractual obligations of
      the Administrator under section 839c(f) of this title due to
      either -
          (A) any reduction in the quantity of electric power that the
        Administrator is contractually required to supply under
        subsections (b) and (d) of section 839c of this title, due to
        the election by customers of the Bonneville Power
        Administration to purchase electric power from other suppliers,
        as compared to the quantity of electric power that the
        Administrator was contractually required to supply as of
        January 1, 1995; or
          (B) those operations of the Federal Columbia River Power
        System that are primarily for the benefit of fish and wildlife
        affected by the development, operation, or management of the
        System.
    (b) Sale of excess Federal power
      Notwithstanding section 837a of this title, subsections (a), (b),
    and (c) of section 837b of this title, and section 837f of this
    title, and section 839f(c) of this title, the Administrator may, as
    permitted by otherwise applicable law, sell or otherwise dispose of
    excess Federal power -
        (1) outside the Pacific Northwest on a firm basis for a
      contract term of not to exceed 7 years, if the excess Federal
      power is first offered for a reasonable period of time and under
      the same essential rate, terms and conditions to those Pacific
      Northwest public body, cooperative and investor-owned utilities
      and those direct service industrial customers identified in
      subsection (b) or (d)(1)(A) of section 839c of this title; and
        (2) in any region without the prohibition on resale established
      by the second sentence of section 832d(a) of this title.
    (c) Study by Council
      (1) (FOOTNOTE 1) Within 180 days of November 13, 1995, the
    Council shall review and report to Congress regarding the most
    appropriate governance structure to allow more effective regional
    control over efforts to conserve and enhance anadromous and
    resident fish and wildlife within the Federal Columbia River Power
    System.
       (FOOTNOTE 1) So in original.  No par. (2) has been enacted.
    (d) Corps of Engineers procurement
      The Assistant Secretary of the Army for Civil Works, acting
    through the North Pacific Division of the Corps of Engineers, is
    authorized to place orders for goods and services related to
    facilities for electric power generation and fish and wildlife
    mitigation associated with the Federal Columbia River Power System
    with and through the Administrator using the authorities available
    to the Administrator.
    (e) Residential exchange
      Notwithstanding the establishment, confirmation and approval of
    rates pursuant to section 839e of this title, and notwithstanding
    the provisions of section 839c(c) of this title, the cost benefits
    of eligible utilities' total purchase and exchange sales under
    section 839c(c)(1) of this title shall be $145,000,000 for fiscal
    year 1997, and the net benefits paid to each eligible electric
    utility shall be $145,000,000 multiplied by the percentage of the
    total of such net benefits paid by the Administrator to such
    utility for fiscal year 1995.
    (f) Personnel flexibility
      The Administrator may offer employees voluntary separation
    incentives as deemed necessary which shall not exceed $25,000.
    Recipients who accept employment with the United States within five
    years after separation shall repay the entire amount to the
    Bonneville Power Administration.
    (g) Savings
      Unless superseded by an Act of Congress, the authority provided
    by this section is expressly intended to extend beyond the fiscal
    year.
 
-SOURCE-
    (Pub. L. 104-46, title V, Sec. 508, Nov. 13, 1995, 109 Stat. 419.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 1996, and not as part of the Bonneville Project
    Act of 1937 which comprises this chapter.
 
-MISC3-
                VOLUNTARY SEPARATION INCENTIVES TO EMPLOYEES
      Pub. L. 104-206, title V, Sec. 511, Sept. 30, 1996, 110 Stat.
    3004, provided that: ''The Administrator may offer employees
    voluntary separation incentives as deemed necessary which shall not
    exceed $25,000. Recipients who accept employment with the United
    States within five years after separation shall repay the entire
    amount to the Bonneville Power Administration. This authority shall
    expire September 30, 2000.''


Title 16 Index       U.S. Code Index