16 U.S.C. § 831c — Corporate powers generally; eminent do-

Page 1455 TITLE 16—CONSERVATION § 831c receive a salary in excess of that received by the mem- bers of the board.’’ 1972—Pub. L. 92–310 struck out provisions which per- mitted the board to require bonds from managers, as- sistant managers, officers, employees, attorneys, and agents. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title. PAYMENT OF PHYSICIANS ALLOWANCES Pub. L. 102–377, title IV, Oct. 2, 1992, 106 Stat. 1342, provided: ‘‘That this appropriation and other moneys available to the Tennessee Valley Authority may be used hereafter for payment of the allowances author- ized by section 5948 of title 5, United States Code’’. Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–104, title IV, Aug. 17, 1991, 105 Stat. 535. Pub. L. 101–514, title IV, Nov. 5, 1990, 104 Stat. 2097. Pub. L. 101–101, title IV, Sept. 29, 1989, 103 Stat. 665. Pub. L. 100–371, title IV, July 19, 1988, 102 Stat. 873. Pub. L. 100–202, § 101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329–104, 1329–129. Pub. L. 99–500, § 101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783–194, 1783–212, and Pub. L. 99–591, § 101(e) [title IV], Oct. 30, 1986, 100 Stat. 3341–194, 3341–212. LEGAL REPRESENTATION Customs Courts Act of 1980 as not affecting authority of Tennessee Valley Authority under this chapter to represent itself by attorneys of its choosing, see Pub. L. 96–417, title VII, § 705, Oct. 10, 1980, 94 Stat. 1748, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. § 831b–1. Acceptance of services of volunteers The Tennessee Valley Authority may on and after September 29, 1989, accept the services of volunteers and, from any funds available to it, provide for their incidental expenses to carry out any activity of the Tennessee Valley Au- thority except policymaking or law or regu- latory enforcement. Such volunteers shall not be deemed employees of the United States Gov- ernment, except for the purposes of chapter 81 of title 5 relating to compensation for work inju- ries, and shall not be deemed employees of the Tennessee Valley Authority except for the pur- poses of tort claims to the same extent as a reg- ular employee of the Tennessee Valley Author- ity would be under identical circumstances. (Pub. L. 101–101, title IV, Sept. 29, 1989, 103 Stat. 665.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1990, and not as part of the Tennessee Valley Authority Act of 1933 which comprises this chapter. § 831c. Corporate powers generally; eminent do- main; construction of dams, transmission lines, etc. Except as otherwise specifically provided in this chapter, the Corporation— (a) Shall have succession in its corporate name. (b) May sue and be sued in its corporate name. (c) May adopt and use a corporate seal, which shall be judicially noticed. (d) May make contracts, as herein authorized. (e) May adopt, amend, and repeal bylaws. (f) May purchase or lease and hold such real and personal property as it deems necessary or convenient in the transaction of its business, and may dispose of any such personal property held by it. The Board shall select a treasurer and as many assistant treasurers as it deems proper: Provided, That any member of said Board may be removed from office at any time by a concurrent resolution of the Senate and the House of Rep- resentatives. (g) Shall have such powers as may be nec- essary or appropriate for the exercise of the powers herein specifically conferred upon the Corporation. (h) Shall have power in the name of the United States of America to exercise the right of emi- nent domain, and in the purchase of any real es- tate or the acquisition of real estate by con- demnation proceedings, the title to such real es- tate shall be taken in the name of the United States of America, and thereupon all such real estate shall be entrusted to the Corporation as the agent of the United States to accomplish the purposes of this chapter. (i) Shall have power to acquire real estate for the construction of dams, reservoirs, trans- mission lines, power houses, and other struc- tures, and navigation projects at any point along the Tennessee River, or any of its tribu- taries, and in the event that the owner or own- ers of such property shall fail and refuse to sell to the Corporation at a price deemed fair and reasonable by the Board, then the Corporation may proceed to exercise the right of eminent do- main, and to condemn all property that it deems necessary for carrying out the purposes of this chapter, and all such condemnation proceedings shall be had pursuant to the provisions and re- quirements hereinafter specified, with reference to any and all condemnation proceedings: Pro- vided, That nothing contained herein or else- where in this chapter shall be construed to de- prive the Corporation of the rights conferred by sections 3114, 3115, and 3118 of title 40. (j) Shall have power to construct such dams, and reservoirs, in the Tennessee River and its tributaries, as in conjunction with Wilson Dam, and Norris, Wheeler, and Pickwick Landing Dams, now under construction, will provide a nine-foot channel in the said river and maintain a water supply for the same, from Knoxville to its mouth, and will best serve to promote navi- gation on the Tennessee River and its tribu- taries and control destructive flood waters in the Tennessee and Mississippi River drainage basins; and shall have power to acquire or con- struct power houses, power structures, trans- mission lines, navigation projects, and inci- dental works in the Tennessee River and its tributaries, and to unite the various power in- stallations into one or more systems by trans- mission lines. (k) Shall have power in the name of the United States— Page 1456 TITLE 16—CONSERVATION § 831c (a) to convey by deed, lease, or otherwise, any real property in the possession of or under the control of the Corporation to any person or persons, for the purpose of recreation or use as a summer residence, or for the operation on such premises of pleasure resorts for boating, fishing, bathing, or any similar purpose; (b) to convey by deed, lease, or otherwise, the possession and control of any such real property to any corporation, partnership, per- son, or persons for the purpose of erecting thereon docks and buildings for shipping pur- poses or the manufacture or storage thereon of products for the purpose of trading or shipping in transportation: Provided, That no transfer authorized herein in (b) shall be made without the approval of Congress: And provided further, That said corporation, without further action of Congress, shall have power to convey by deed, lease, or otherwise, to the Ingalls Ship- building Corporation, a tract or tracts of land at or near Decatur, Alabama, and to the Com- mercial Barge Lines, Inc., a tract or tracts of land at or near Guntersville, Alabama; (c) to transfer any part of the possession and control of the real estate now in possession of and under the control of said Corporation to any other department, agency, or instrumen- tality of the United States: Provided, however, That no land shall be conveyed, leased, or transferred, upon which there is located any permanent dam, hydroelectric power plant, or munitions plant heretofore or hereafter built by or for the United States or for the Author- ity, except that this prohibition shall not apply to the transfer of Nitrate Plant Num- bered 1, at Muscle Shoals, Alabama, or to Waco Quarry: And provided further, That no transfer authorized herein in (a) or (c) except leases for terms of less than twenty years, shall be made without the approval of the President of the United States, if the property to be conveyed exceeds $500 in value; and (d) to convey by warranty deed, or other- wise, lands, easements, and rights-of-way to States, counties, municipalities, school dis- tricts, railroad companies, telephone, tele- graph, water, and power companies, where any such conveyance is necessary in order to re- place any such lands, easements, or rights-of- way to be flooded or destroyed as the result of the construction of any dam or reservoir now under construction by the Corporation, or sub- sequently authorized by Congress, and ease- ments and rights-of-way upon which are lo- cated transmission or distribution lines. The Corporation shall also have power to convey or lease Nitrate Plant Numbered 1, at Muscle Shoals, Alabama, and Waco Quarry, with the approval of the Department of the Army and the President. (l) Shall have power to advise and cooperate in the readjustment of the population displaced by the construction of dams, the acquisition of res- ervoir areas, the protection of watersheds, the acquisition of rights-of-way, and other nec- essary acquisitions of land, in order to effec- tuate the purposes of the chapter; and may co- operate with Federal, State, and local agencies to that end. (May 18, 1933, ch. 32, § 4, 48 Stat. 60; Aug. 31, 1935, ch. 836, §§ 1–3, 13, 49 Stat. 1075, 1076, 1080; July 18, 1941, ch. 309, 55 Stat. 599; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 92–310, title II, § 225(b), June 6, 1972, 86 Stat. 206; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes CODIFICATION ‘‘Sections 3114, 3115, and 3118 of title 40’’ substituted in subsec. (i) for ‘‘the Act of February 26, 1931 (46 Stat. 1422, ch. 307, secs. 1 to 5, inclusive), as now compiled in section 258a to 258e, inclusive, of Title 40 of the United States Code’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Subsec. (j), last sentence, directed the directors of the Authority to report their recommendations to Con- gress not later than April 1, 1936, and has been omitted as executed. AMENDMENTS 2004—Subsecs. (f), (i). Pub. L. 108–447 substituted ‘‘Board’’ for ‘‘board’’ wherever appearing. 1972—Subsec. (f). Pub. L. 92–310 struck out provisions which required the treasurer and assistant treasurers to give bonds for the safekeeping of securities and mon- eys of the Corporation. 1941—Subsec. (k). Act July 18, 1941, amended subsec. (k) generally. 1935—Subsec. (i). Act Aug. 31, 1935, § 1, inserted pro- viso. Subsec. (j). Act Aug. 31, 1935, § 2, amended subsec. (j) generally. Subsec. (k). Act Aug. 31, 1935, § 3, added subsec. (k). Subsec. (l). Act Aug. 31, 1935, § 13, added subsec. (l). 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. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments; Effective Date; Transition note under section 831a of this title. RELEASE OF USE RESTRICTIONS Pub. L. 113–121, title VI, § 6005(h), June 10, 2014, 128 Stat. 1360, provided that: ‘‘Notwithstanding any other provision of law, the Tennessee Valley Authority shall, without monetary consideration, grant releases from real estate restrictions established pursuant to section 4(k)(b) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831c(k)(b)) with respect to tracts of land iden- tified in section 4(k)(b) of that Act, subject to the con- dition that such releases shall be granted in a manner consistent with applicable Tennessee Valley Authority policies.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (k) of this sec- tion to approve transfers under subsecs. (a) and (c) of Page 1457 TITLE 16—CONSERVATION § 831c–2 1 So in original. Probably should be ‘‘exclusive’’. this section, other than leases for terms of less than 20 years and conveyances of property having a value not in excess of $500, delegated to Administrator of General Services, see section 1(16) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. § 831c–1. Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacement, etc. (a) Structures on Tennessee River or tributaries Whenever, as the result of the construction of any dam, reservoir, or other improvement under the provisions of the Tennessee Valley Author- ity Act [16 U.S.C. 831 et seq.], or amendments thereto, including any improvement of the navi- gable channel to accommodate the growth of navigation or changes in navigation require- ments within the reservoir created by any dam in the custody of the Tennessee Valley Author- ity, any bridge, trestle, or other highway or rail- road structure located over, upon, or across the Tennessee River or any of its navigable tribu- taries, including approaches, fenders and appur- tenances thereto, is endangered or otherwise ad- versely affected and damaged, including any in- terference with or impairment of its use, or, in the judgment of the Board of Directors of the Tennessee Valley Authority, needs to be raised, widened, or otherwise altered to provide the navigation clearances required for completion of the navigable channel to be provided by such improvement, to the extent that protection, al- teration, reconstruction, relocation, or replace- ment is necessary or proper to preserve its safe- ty or utility or to meet the requirements of navigation or flood control, or both, the owner or owners of such bridge, trestle, or structure shall be compensated by the Tennessee Valley Authority in the sum of the reasonable actual cost of such protection, alteration, reconstruc- tion, relocation, or replacement: Provided, That in arriving at the amount of such compensation the bridge owner shall be charged with a sum which shall equal the net value to the owner of any direct and special benefits accruing to the owner from any improvement or addition or bet- terment of the altered, reconstructed, relocated, or replaced bridge, trestle, or structure. The Tennessee Valley Authority is empowered to contract with such owner with respect to any such protection, alteration, reconstruction, re- location, or replacement, the payment of the cost thereof and its proper division, which con- tract may provide either for money compensa- tion or for the performance of all or any part of the work by the Tennessee Valley Authority. (b) Suit on contracts In the event of a failure to agree upon the terms and conditions of any such contract, or upon any default in the performance of any con- tract entered into pursuant to this section, the bridge owner or the Tennessee Valley Authority shall have the right to bring suit to enforce its rights or for a declaration of its rights under this section, or under any such contract, in the district court of the United States for the dis- trict in which the property in question is lo- cated. In any such proceeding the court shall ap- portion the total cost of the work between the Tennessee Valley Authority and the owner in accord with the provisions contained in this sec- tion. The Tennessee Valley Authority’s share of the cost of any such protection, alteration, re- construction, relocation, or replacement, under any contract made or judgment, award, or de- cree rendered under the provisions of this sec- tion may be paid out of any funds available for carrying out the provisions of the Tennessee Valley Authority Act, as amended, and appro- priations for that purpose are hereby authorized: Provided, That, prior to such alteration, recon- struction, or relocation of said bridges, the loca- tion and plans shall be submitted to and ap- proved by the Secretary of Transportation in ac- cordance with existing laws. (Nov. 21, 1941, ch. 480, 55 Stat. 773; Pub. L. 90–524, Sept. 26, 1968, 82 Stat. 876.) Editorial Notes REFERENCES IN TEXT The Tennessee Valley Authority Act, referred to in text, probably means the Tennessee Valley Authority Act of 1933, act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 831 of this title and Tables. CODIFICATION Section was not enacted as part of the Tennessee Val- ley Authority Act which comprises this chapter. AMENDMENTS 1968—Pub. L. 90–524 permitted the Authority to use appropriated funds to cover the Federal share of the cost of necessary bridge alterations where the alter- ations are obtained by agreement with the bridge owner, made this section applicable to alterations re- quired by new reservoir projects and by realignment or other changes of the navigation channel to accommo- date the growth of traffic or changes in navigation re- quirements within existing reservoirs, and substituted the Secretary of Transportation for the Chief of Engi- neers and the Secretary of the Army as the approving official. § 831c–2. Civil actions for injury or loss of prop- erty or personal injury or death (a) Exclusiveness of remedy (1) An action against the Tennessee Valley Au- thority for injury or loss of property, or per- sonal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Tennessee Valley Authority while acting within the scope of this office or employment is exlusive 1 of any other civil ac- tion or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim. Any other civil action or proceeding arising out of or relating to the same subject matter against the employee or his estate is precluded without re- gard to when the act or omission occurred. (2) Paragraph (1) does not extend or apply to a cognizable action against an employee of the Tennessee Valley Authority for money damages for a violation of the Constitution of the United States.