16 U.S.C. § 833h — Personnel; appointment and compensa-

Page 1491 TITLE 16—CONSERVATION § 833h mit an annual financial statement and report to Con- gress concerning the transmission and sale of electric energy generated at the Fort Peck project. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 833h. Personnel; appointment and compensa- tion The Secretary of the Interior, the Secretary of the Army, and the Secretary of Energy, respec- tively, shall appoint such attorneys, engineers, and other experts as may be necessary for car- rying out the functions entrusted to them under this chapter, and shall fix the compensation of each of such attorneys, engineers, and other ex- perts; and they may, subject to the civil-service laws, appoint such other officers and employees as may be necessary to carry out such functions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5. In the administration of this chapter the services of regular employees in the Bureau may be uti- lized and an equitable part of the salaries of such employees whose services are thus utilized may be charged by the Bureau to the operating costs of the power features of the Fort Peck project. The Bureau similarly may utilize and charge for facilities of the Bureau which eco- nomically can be used in connection with the administration of this chapter. (May 18, 1938, ch. 250, § 9, 52 Stat. 406; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Pub. L. 95–91, title III, § 301(b), Aug. 4, 1977, 91 Stat. 578.) Editorial Notes CODIFICATION Provisions which authorized the Secretary of the In- terior, the Secretary of the Army, and the Secretary of Energy to appoint such attorneys, engineers, and other experts as may be necessary for carrying out the func- tions entrusted to them under this chapter ‘‘without regard to the provisions of the civil-service laws’’, and to fix their compensation ‘‘at not to exceed $7,500 per annum’’, have been omitted as obsolete and superseded. Such appointments are subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classi- fied (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Orga- nization and Employees. As to the compensation of such personnel, sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89–554, Sept. 6, 1966, § 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5. Section 5102 of Title 5 contains the applicability pro- visions of the 1949 Act, and section 5103 of Title 5 au- thorizes the Office of Personnel Management to deter- mine the applicability to specific positions and employ- ees. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in text for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5. AMENDMENTS 1949—Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary 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, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. ‘‘Secretary of Energy’’ substituted in text for ‘‘Fed- eral Power Commission’’ pursuant to Pub. L. 95–91, § 301(b), which is classified to section 7151(b) of Title 42. The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42. Executive Documents TRANSFER OF FUNCTIONS Executive and administrative functions of Federal Power Commission, with certain reservations, trans- ferred to Chairman of such Commission, with authority vested in him to authorize their performance by any of- ficer, employee, or administrative unit under his juris- diction, by Reorg. Plan No. 9 of 1950, §§ 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 cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. Page 1492 TITLE 16—CONSERVATION § 833i § 833i. Deposit of receipts; establishment of con- tinuing fund; authorization of appropriations All receipts from transmission and sale of electric energy generated at the Fort Peck project shall be covered into the Treasury of the United States to the credit of miscellaneous re- ceipts, save and except that the Treasury shall set up and maintain from such receipts a con- tinuing fund of $500,000, to the credit of the Bu- reau and subject to expenditure by it, to defray the operating expense of generation and trans- mission of power delivered to the Bureau for dis- posal under this chapter, 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. (May 18, 1938, ch. 250, § 10, 52 Stat. 406.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 833j. Suits for and against project; legal rep- resentation The Secretary of the Interior may, in the name of the United States, under the super- vision 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 chap- ter; and he shall be represented in the prosecu- tion and defense of all litigation affecting the status or operation of the Fort Peck project by the United States attorneys for the districts, re- spectively, in which such litigation may arise, or by such attorney or attorneys as the Attor- ney General may designate as authorized by law, in conjunction with the regularly employed at- torneys of the Bureau. (May 18, 1938, ch. 250, § 11, 52 Stat. 407.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 833k. Separability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstances shall be held invalid, the remainder of the chapter and the application of such provi- sions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (May 18, 1938, ch. 250, § 12, 52 Stat. 407.) § 833l. Acquisition of Indian lands In aid of the construction of the Fort Peck project, there is granted to the United States, subject to the provisions of sections 833l to 833p of this title, such right, title, and interest of the Indians as may be required in and to such tribal and allotted lands as may be designated by the Secretary of the Interior from time to time for the construction, operation, and maintenance of electric transmission lines and other works of the project or for the relocation or reconstruc- tion of properties made necessary by the con- struction of the project. (Apr. 23, 1946, ch. 199, § 1, 60 Stat. 118.) Editorial Notes CODIFICATION Section was not enacted as part of act May 18, 1938, which comprises this chapter. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 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. § 833m. Determination of compensation for ac- quisition of Indian lands; funds payable from; disposition of moneys As lands or interests in lands are designated from time to time under sections 833l to 833p of this title, the Secretary of the Interior shall de- termine the amount of money to be paid to the Indians as just and equitable compensation therefor. The amounts due the tribe and the in- dividual allottees or their heirs or devisees shall be paid from funds now or hereafter made avail- able to the Department of the Interior for the Fort Peck project to the superintendent of the appropriate Indian agency, or such other officer as may be designated by the Secretary of the In-