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16 U.S.C. § 839 — Congressional declaration of purpose
Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter, together with the provisions of other laws applicable to the Federal Columbia River Power System, are all intended to be construed in a consistent manner. Such purposes are also intended to be construed in a manner consistent with applicable environmental laws. Such purposes are:
(1) to encourage, through the unique opportunity provided by the Federal Columbia River Power System—
(A) conservation and efficiency in the use of electric power, and
(B) the development of renewable resources within the Pacific Northwest;
(2) to assure the Pacific Northwest of an adequate, efficient, economical, and reliable power supply;
(3) to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers, users of the Columbia River System (including Federal and State fish and wildlife agencies and appropriate Indian tribes), and the public at large within the region in—
(A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating and enhancing fish and wildlife resources,
(B) facilitating the orderly planning of the region’s power system, and
(C) providing environmental quality;
(4) to provide that the customers of the Bonneville Power Administration and their consumers continue to pay all costs necessary to produce, transmit, and conserve resources to meet the region’s electric power requirements, including the amortization on a current basis of the Federal investment in the Federal Columbia River Power System;
(5) to insure, subject to the provisions of this chapter—
(A) that the authorities and responsibilities of State and local governments, electric utility systems, water management agencie
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Stable record: federal_law:legal_authorities:record_usc_677800fe2af503b5b8ada9a6
Source file: Laws/federal/codes/united-states-code/title-16/section-839-congressional-declaration-of-purpose--acac069008.md
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Source location: Title 16, Chapter 12H, § 839; chapter-12h-pacific-northwest-electric-power-planning-and-conservation.md
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The purposes of this chapter, together with the provisions of other laws applicable to the Federal Columbia River Power System, are all intended to be construed in a consistent manner. Such purposes are also intended to be construed in a manner consistent with applicable environmental laws. Such purposes are:
(1) to encourage, through the unique opportunity provided by the Federal Columbia River Power System—
(A) conservation and efficiency in the use of electric power, and
(B) the development of renewable resources within the Pacific Northwest;
(2) to assure the Pacific Northwest of an adequate, efficient, economical, and reliable power supply;
(3) to provide for the participation and consultation of the Pacific Northwest States, local governments, consumers, customers, users of the Columbia River System (including Federal and State fish and wildlife agencies and appropriate Indian tribes), and the public at large within the region in—
(A) the development of regional plans and programs related to energy conservation, renewable resources, other resources, and protecting, mitigating and enhancing fish and wildlife resources,
(B) facilitating the orderly planning of the region’s power system, and
(C) providing environmental quality;
(4) to provide that the customers of the Bonneville Power Administration and their consumers continue to pay all costs necessary to produce, transmit, and conserve resources to meet the region’s electric power requirements, including the amortization on a current basis of the Federal investment in the Federal Columbia River Power System;
(5) to insure, subject to the provisions of this chapter—
(A) that the authorities and responsibilities of State and local governments, electric utility systems, water management agencies, and other non-Federal entities for the regulation, planning, conservation, supply, distribution, and use of electric power shall be construed to be maintained, and
(B) that Congress intends that this chapter not be construed to limit or restrict the ability of customers to take actions in accordance with other applicable provisions of Federal or State law, including, but not limited to, actions to plan, develop, and operate resources and to achieve conservation, without regard to this chapter; and
(6) to protect, mitigate and enhance the fish and wildlife, including related spawning grounds and habitat, of the Columbia River and its tributaries, particularly anadromous fish which are of significant importance to the social and economic well-being of the Pacific Northwest and the Nation and which are dependent on suitable environmental conditions substantially obtainable from the management and operation of the Federal Columbia River Power System and other power generating facilities on the Columbia River and its tributaries.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds and declares the following:
(1) The stocks of salmon and steelhead which originate in the rivers of the conservation areas constitute valuable and renewable natural resources. Many groups of commercial, recreational, and treaty fishermen have historically depended upon these stocks of fish for their livelihoods and avocations. These fishery resources contribute to the food supply and economic health of the Pacific Northwest and the Nation as a whole, provide valuable recreational experiences for thousands of citizens from various parts of the United States and represent a central element of the cultures and economies of Indian tribes and the citizens of the Pacific Northwest.
(2) Over a period of several decades, competing uses of salmon and steelhead habitat and historical problems relating to conservation measures, the regulation of harvest and enhancement have depressed several of these stocks of salmon and steelhead.
(3) Improved management and enhancement planning and coordination among salmon and steelhead managers will help prevent a further decline of salmon and steelhead stocks and will assist in increasing the supply of these stocks.
(4) Due in principal part to the Federal court decisions in the United States against Washington and Sohappy against Smith, the fishing capacity of nontreaty fishermen in the conservation areas established by this chapter exceeds that required to harvest the available salmon resources. This excess capacity causes severe economic problems for these fishermen.
(5) The supply of salmon and steelhead can be increased through carefully planned enhancement measures designed to improve the survival of stocks and to augment the production of artificially propagated stocks. By careful choice of species, area
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
The Commission is authorized and empowered—
**(a) Investigations and data** To make investigations and to collect and record data concerning the utilization of the water resources of any region to be developed, the water-power industry and its relation to other industries and to interstate or foreign commerce, and concerning the location, capacity, development costs, and relation to markets of power sites, and whether the power from Government dams can be advantageously used by the United States for its public purposes, and what is a fair value of such power, to the extent the Commission may deem necessary or useful for the purposes of this chapter.
**(b) Statements as to investment of licensees in projects; access to projects, maps, etc.** To determine the actual legitimate original cost of and the net investment in a licensed project, and to aid the Commission in such determinations, each licensee shall, upon oath, within a reasonable period of time to be fixed by the Commission, after the construction of the original project or any addition thereto or betterment thereof, file with the Commission in such detail as the Commission may require, a statement in duplicate showing the actual legitimate original cost of construction of such project addition, or betterment, and of the price paid for water rights, rights-of-way, lands, or interest in lands. The licensee shall grant to the Commission or to its duly authorized agent or agents, at all reasonable times, free access to such project, addition, or betterment, and to all maps, profiles, contracts, reports of engineers, accounts, books, records, and all other papers and documents relating thereto. The statement of actual legitimate original cost of said project, and revisions thereof as determined by the Commission, s
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 797
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
**(a)** “Secretary” means the Secretary of Energy.
**(b)** “Pacific Northwest” means (1) the region consisting of the States of Oregon and Washington, the State of Montana west of the Continental Divide, and such portions of the States of Nevada, Utah, and Wyoming within the Columbia drainage basin and of the State of Idaho as the Secretary may determine to be within the marketing area of the Federal Columbia River power system, and (2) any contiguous areas, not in excess of seventy-five airline miles from said region, which are a part of the service area of a rural electric cooperative served by the Administrator on December 5, 1980, which has a distribution system from which it serves both within and without said region.
**(c)** “Surplus energy” means electric energy generated at Federal hydroelectric plants in the Pacific Northwest which would otherwise be wasted because of the lack of a market therefor in the Pacific Northwest at any established rate.
**(d)** “Surplus peaking capacity” means electric peaking capacity at Federal hydroelectric plants in the Pacific Northwest for which there is no demand in the Pacific Northwest at any established rate.
**(e)** “Non-Federal utility” means any utility not owned or controlled by the United States, including any entity (1) which such a utility owns or controls, in whole or in part, or is controlled by, (2) which is controlled by those controlling such utility, or (3) of which such utility is a member.
**(f)** “Energy requirements of any Pacific Northwest customer” means the full requirements for electric energy of (1) any purchaser from the United States for direct consumption in the Pacific Northwest, and (2) any non-Federal utility in that region in excess of (i) the hydroelectric energy a
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 837
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; composition; availability of transferred funds for expenditures** There is hereby established in the Treasury of the United States a Bonneville Power Administration fund (hereinafter referred to as the “fund”). The fund shall consist of (1) all receipts, collections, and recoveries of the Administrator in cash from all sources, including trust funds, (2) all proceeds derived from the sale of bonds by the Administrator, (3) any appropriations made by the Congress for the fund, and (4) the following funds which are hereby transferred to the Administrator: (i) all moneys in the special account in the Treasury established pursuant to Executive Order Numbered 8526 dated August 26, 1940, (ii) the unexpended balances in the continuing fund established by the provisions of [section 832j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section832j&num=0&edition=prelim), and (iii) the unexpended balances of funds appropriated or otherwise made available for the Bonneville Power Administration. All funds transferred hereunder shall be available for expenditure by the Secretary of Energy, acting by and through the Administrator, as authorized in this chapter and any other Act relating to the Federal Columbia River transmission system, subject to such limitations as may be prescribed by any applicable appropriation act effective during such period as may elapse between their transfer and the approval by the Congress of the first subsequent annual budget program of the Administrator.
**(b) Authorized purposes of expenditures** The Administrator may make expenditures from the fund, which shall have been included in his annual budget submitted to Congress, without further appropriation and without fiscal year limitation, but with
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 838i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance and sale; terms and conditions; interest rate; limitation on aggregate principal amount outstanding** The Administrator is authorized to issue and sell to the Secretary of the Treasury from time to time in the name and for and on behalf of the Bonneville Power Administration bonds, notes, and other evidences of indebtedness (in this chapter collectively referred to as “bonds”) to assist in financing the construction, acquisition, and replacement of the transmission system, to implement the Administrator’s authority pursuant to the Pacific Northwest Electric Power Planning and Conservation Act [[16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.] (including his authority to provide financial assistance for conservation measures, renewable resources, and fish and wildlife, but not including the authority to acquire under section 6 of that Act [[16 U.S.C. 839d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839d&num=0&edition=prelim)] electric power from a generating facility having a planned capability greater than 50 average megawatts), and to issue and sell bonds to refund such bonds. Such bonds shall be in such forms and denominations, bear such maturities, and be subject to such terms and conditions as may be prescribed by the Secretary of the Treasury taking into account terms and conditions prevailing in the market for similar bonds, the useful life of the facilities for which the bonds are issued, and financing practices of the utility industry. Refunding provisions may be prescribed by the Administrator. Such bonds shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 838k
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Borrowing authority**
(1) **In general** — Subject to paragraph (2), for the purposes of providing funds to assist in the financing of the construction, acquisition, and replacement of the Federal Columbia River Power System and to implement the authority of the Administrator of the Bonneville Power Administration (referred to in this section as the “Administrator”) under the Pacific Northwest Electric Power Planning and Conservation Act ([16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.), an additional $10,000,000,000 in borrowing authority is made available under the Federal Columbia River Transmission System Act ([16 U.S.C. 838](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section838&num=0&edition=prelim) et seq.), to remain outstanding at any 1 time.
(2) **Limitation** — The obligation of additional borrowing authority under paragraph (1) shall not exceed $6,000,000,000 by fiscal year 2028.
**(b) Financial plan**
(1) **In general** — The Administrator shall issue an updated financial plan by the end of fiscal year 2022.
(2) **Requirement** — As part of the process of issuing an updated financial plan under paragraph (1), the Administrator shall—
(A) consistent with asset management planning and sound business principles, consider projected and planned use and allocation of the borrowing authority of the Administrator across the mission responsibilities of the Bonneville Power Administration; and
(B) before issuing the final updated financial plan—
(i) engage, in a manner determined by the Administrator, with customers with respect to a draft of the updated plan; and
(ii) consider as a relevant factor any recommendations from customers regard
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 838m
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pacific Northwest Electric Power and Conservation Planning Council; establishment and operation as regional agency**
(1) The purposes of this section are to provide for the prompt establishment and effective operation of the Pacific Northwest Electric Power and Conservation Planning Council, to further the purposes of this chapter by the Council promptly preparing and adopting (A) a regional conservation and electric power plan and (B) a program to protect, mitigate, and enhance fish and wildlife, and to otherwise expeditiously and effectively carry out the Council’s responsibilities and functions under this chapter.
(2) To achieve such purposes and facilitate cooperation among the States of Idaho, Montana, Oregon, and Washington, and with the Bonneville Power Administration, the consent of Congress is given for an agreement described in this paragraph and not in conflict with this chapter, pursuant to which—
(A) there shall be established a regional agency known as the “Pacific Northwest Electric Power and Conservation Planning Council” which (i) shall have its offices in the Pacific Northwest, (ii) shall carry out its functions and responsibilities in accordance with the provisions of this chapter, (iii) shall continue in force and effect in accordance with the provisions of this chapter, and (iv) except as otherwise provided in this chapter, shall not be considered an agency or instrumentality of the United States for the purpose of any Federal law; and
(B) two persons from each State may be appointed, subject to the applicable laws of each such State, to undertake the functions and duties of members of the Council.
The State may fill any vacancy occurring prior to the expiration of the term of any member. The appointment of six initial members, subje
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839b
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Federal law — U.S. Code and appendices · legal_authorities
Without further appropriation and without fiscal year limitation, the Secretaries of the Interior and Army are authorized to plan, design, construct, operate and maintain generation additions, improvements and replacements, at their respective Federal projects in the Pacific Northwest Region as defined in the Pacific Northwest Electric Power Planning and Conservation Act (Northwest Power Act), Public Law 96–501 ([16 U.S.C. 839a(14)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839a/14&num=0&edition=prelim)), and to operate and maintain the respective Secretary’s power facilities in the Region, that the respective Secretary determines necessary or appropriate and that the Bonneville Power Administrator subsequently determines necessary or appropriate, with any funds that the Administrator determines to make available to the respective Secretary for such purposes. Each Secretary is authorized, without further appropriation, to accept and use such funds for such purposes: Provided, That, such funds shall continue to be exempt from sequestration pursuant to [section 905(g)(1) of title 2](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section905/g/1&num=0&edition=prelim): Provided further, That this section shall not modify or affect the applicability of any provision of the Northwest Power Act [[16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.]. This provision shall be effective on October 1, 1993.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 839d–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Bonds must be registered to be tax exempt**
(1) **General rule** — Nothing in section 103(a) or in any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any registration-required bond unless such bond is in registered form.
(2) **Registration-required bond** — For purposes of paragraph (1), the term “registration-required bond” means any bond other than a bond which—
(A) is not of a type offered to the public, or
(B) has a maturity (at issue) of not more than 1 year.
(3) **Special rules**
(A) *Book entries permitted* — For purposes of paragraph (1), a book entry bond shall be treated as in registered form if the right to the principal of, and stated interest on, such bond may be transferred only through a book entry consistent with regulations prescribed by the Secretary.
(B) *Nominees* — The Secretary shall prescribe such regulations as may be necessary to carry out the purpose of paragraph (1) where there is a nominee or chain of nominees.
**(b) Federally guaranteed bond is not tax exempt**
(1) **In general** — Section 103(a) shall not apply to any State or local bond if such bond is federally guaranteed.
(2) **Federally guaranteed defined** — For purposes of paragraph (1), a bond is federally guaranteed if—
(A) the payment of principal or interest with respect to such bond is guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof),
(B) such bond is issued as part of an issue and 5 percent or more of the proceeds of such issue is to be—
(i) used in making loans the payment of principal or interest with respect to which are to be guaranteed (in whole or in part) by the United States (or any agency or instrumentality thereof), or
(ii)
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 149
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized to accept funds from any entity, public or private, in accordance with the Pacific Northwest Electric Power Planning and Conservation Act [[16 U.S.C. 839](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section839&num=0&edition=prelim) et seq.] to be used to protect, mitigate, and enhance fish and wildlife in connection with projects constructed or operated by the Secretary. The Secretary may accept and use funds for such purposes without regard to any limitation established under any other provision of law or rule of law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2289
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