16 U.S.C. § 839g — Savings provisions

Page 1544 TITLE 16—CONSERVATION § 839g 731, which is classified generally to chapter 12B (§ 832 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 832 of this title and Tables. Act of August 31, 1964, referred to in subsec. (e)(5), is Pub. L. 88–552, Aug. 31, 1964, 78 Stat. 756, which is classi- fied generally to chapter 12F (§ 837 et seq.) of this title. For complete classification of this Act to the Code, see Tables. The Federal Columbia River Transmission System Act, referred to in subsec. (e)(5), is Pub. L. 93–454, Oct. 18, 1974, 88 Stat. 1376, which is classified generally to chapter 12G (§ 838 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 838 of this title and Tables. Section 103 of title 26, referred to in subsec. (f), which related to interest on certain governmental obligations was amended generally by Pub. L. 99–514, title XIII, § 1301(a), Oct. 22, 1986, 100 Stat. 2602, and as so amended relates to interest on State and local bonds. Section 103(b)(3), which prior to the general amendment defined exempt persons, relates to the applicability of the in- terest exclusion to bonds not in registered form, etc. Chapter 2C of title 15, referred to in subsec. (h), con- tained the Public Utility Holding Company Act of 1935, act Aug. 26, 1935, ch. 687, title I, 49 Stat. 803, and con- sisted of section 79 et seq. of Title 15, Commerce and Trade, prior to repeal by Pub. L. 109–58, title XII, § 1263, Aug. 8, 2005, 119 Stat. 974. For complete classification of this Act to the Code, see Tables. The Public Utility Regulatory Policies Act of 1978, referred to in subsec. (j)(1), is Pub. L. 95–617, Nov. 9, 1978, 92 Stat. 3117. For complete classification of this Act to Code, see Short Title note set out under section 2601 of this title and Tables. AMENDMENTS 1986—Subsec. (f). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. § 839g. Savings provisions (a) Rights of States and political subdivisions of States Nothing in this chapter shall be construed to affect or modify any right of any State or polit- ical subdivision thereof or electric utility to— (1) determine retail electric rates, except as provided by section 839c(c)(3) of this title; (2) develop and implement plans and pro- grams for the conservation, development, and use of resources; or (3) make energy facility siting decisions, in- cluding, but not limited to, determining the need for a particular facility, evaluating alter- native sites, and considering alternative meth- ods of meeting the determined need. (b) Rights and obligations under existing con- tracts Nothing in this chapter shall alter, diminish, or abridge the rights and obligations of the Ad- ministrator or any customer under any contract existing as of December 5, 1980. (c) Statutory preferences and priorities of public bodies and cooperatives in sale of federally generated power Nothing in this chapter shall alter, diminish, abridge, or otherwise affect the provisions of other Federal laws by which public bodies and cooperatives are entitled to preference and pri- ority in the sale of federally generated electric power. (d) Contractual rights under provisions later found to be unconstitutional If any provision of this chapter is found to be unconstitutional, then any contract entered into by the Administrator, prior to such finding and in accordance with such provisions, to sell power, acquire or credit resources, or to reim- burse investigation and preconstruction ex- penses pursuant to section 839c of this title, and section 839d(a), (f) or (h) of this title shall not be affected by such finding. (e) Treaty and other rights of Indian tribes Nothing in this chapter shall be construed to affect or modify any treaty or other right of an Indian tribe. (f) Reservation of electric power for Montana; Hungry Horse and Libby Dams and Res- ervoirs The reservation under law of electric power primarily for use in the State of Montana by reason of the construction of Hungry Horse and Libby Dams and Reservoirs within that State is hereby affirmed. Such reservation shall also apply to 50 per centum of any electric power produced at Libby Reregulating Dam if built. Electric power so reserved shall be sold at the rate or rates set pursuant to section 839e of this title. (g) Rights of States to prohibit recovery of re- source construction costs through retail rates Nothing in this chapter shall be construed to affect or modify the right of any State to pro- hibit utilities regulated by the appropriate State regulatory body from recovering, through their retail rates, costs during any period of re- source construction. (h) Water appropriations Nothing in this chapter shall be construed as authorizing the appropriation of water by any Federal, State, or local agency, Indian tribe, or any other entity or individual. Nor shall any provision of this chapter of any plan or program adopted pursuant to the chapter (1) affect the rights or jurisdictions of the United States, the States, Indian tribes, or other entities over wa- ters of any river or stream or over any ground- water resource, (2) alter, amend, repeal, inter- pret, modify, or be in conflict with any inter- state compact made by the States, or (3) other- wise be construed to alter or establish the re- spective rights of States, the United States, In- dian tribes, or any person with respect to any water or water-related right. (i) Existing Federal licenses, permits, and certifi- cates Nothing in this chapter shall be construed to affect the validity of any existing license, per- mit, or certificate issued by any Federal agency pursuant to any other Federal law. (Pub. L. 96–501, § 10, Dec. 5, 1980, 94 Stat. 2734.) § 839h. Separability If any provision of section 839b(a) through (c) of this title or any other provision of this chap- ter or the application thereof to any person, State, Indian tribe, entity, or circumstance is