16 U.S.C. § 831d — Directors; maintenance and operation of

Page 1459 TITLE 16—CONSERVATION § 831d 1 So in original. Probably should be ‘‘Board’s’’. (2) on other lands or facilities— (A) when the person to be arrested is in the process of fleeing from such lands, facilities, or adjoining areas to avoid arrest; (B) in conjunction with the protection of property or officials or employees of the cor- poration on or within lands or facilities other than those owned or leased by the cor- poration; or (C) in cooperation with other Federal, State, or local law enforcement agencies. (d) Federal investigative jurisdiction and State civil and criminal jurisdiction not preempted Nothing in this section shall be construed to— (1) limit or restrict the investigative juris- diction of any Federal law enforcement agen- cy; or (2) affect any right of a State or a political subdivision thereof to exercise civil and crimi- nal jurisdiction on or within lands or facilities owned or leased by the corporation. (e) Determination of adjoining areas (1) In general The Board shall determine and may from time-to-time modify the adjoining areas for each facility or particular area of land, or for individual categories of such facilities or lands, for the purposes of subsection (c)(1). (2) Notice A notice and description of each adjoining area determination or modification of a deter- mination made under paragraph (1) shall be published in the Federal Register. (f) Qualifications and training The Board, in consultation with the Attorney General, shall adopt qualification and training standards for law enforcement agents designated under subsection (a). (g) Relation to other law A law enforcement agent designated under subsection (a) shall not be considered to be a law enforcement officer of the United States for the purposes of any other law, and no law enforce- ment agent designated under subsection (a) or other employee of the corporation shall receive an increase in compensation solely on account of this section. (h) Relationship with Attorney General The duties and powers of law enforcement agents designated under subsection (a) that are described in subsection (b) shall be exercised in accordance with guidelines approved by the At- torney General. (May 18, 1933, ch. 32, § 4A, as added Pub. L. 103–322, title XXXII, § 320929, Sept. 13, 1994, 108 Stat. 2133; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes AMENDMENTS 2004—Subsecs. (c)(1), (e)(1), (f). Pub. L. 108–447 sub- stituted ‘‘Board’’ for ‘‘board’’. 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. § 831d. Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power The Board is authorized— (a) To contract with commercial producers for the production of such fertilizers or fertilizer materials as may be needed in the Government’s program of development and introduction in ex- cess of that produced by Government plants. Such contracts may provide either for outright purchase of materials by the Board or only for the payment of carrying charges on special ma- terials manufactured at the board’s 1 request for its program. (b) To arrange with farmers and farm organi- zations for large-scale practical use of the new forms of fertilizers under conditions permitting an accurate measure of the economic return they produce. (c) To cooperate with National, State, district, or county experimental stations or demonstra- tion farms, with farmers, landowners, and asso- ciations of farmers or landowners, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction, and for promoting the pre- vention of soil erosion by the use of fertilizers and otherwise. (d) The Board, in order to improve and cheap- en the production of fertilizer, is authorized to manufacture and sell fixed nitrogen, fertilizer, and fertilizer ingredients at Muscle Shoals by the employment of existing facilities, by mod- ernizing existing plants, or by any other process or processes that in its judgment shall appear wise and profitable for the fixation of atmos- pheric nitrogen or the cheapening of the produc- tion of fertilizer. (e) Under the authority of this chapter the Board may make donations or sales of the prod- uct of the plant or plants operated by it to be fairly and equitably distributed through the agency of county demonstration agents, agricul- tural colleges, or otherwise as the Board may di- rect, for experimentation, education, and intro- duction of the use of such products in coopera- tion with practical farmers so as to obtain infor- mation as to the value, effect, and best methods of their use. (f) The Board is authorized to make alter- ations, modifications, or improvements in exist- ing plants and facilities, and to construct new plants. (g) In the event it is not used for the fixation of nitrogen for agricultural purposes or leased, then the Board shall maintain in stand-by con- dition nitrate plant numbered 2, or its equiva- lent, for the fixation of atmospheric nitrogen, for the production of explosives in the event of war or a national emergency, until the Congress shall by joint resolution release the Board from this obligation, and if any part thereof be used by the Board for the manufacture of phosphoric acid or potash, the balance of nitrate plant num- bered 2 shall be kept in stand-by condition. Page 1460 TITLE 16—CONSERVATION § 831d (h) To establish, maintain, and operate labora- tories and experimental plants, and to under- take experiments for the purpose of enabling the Corporation to furnish nitrogen products for military purposes, and nitrogen and other fer- tilizer products for agricultural purposes in the most economical manner and at the highest standard of efficiency. (i) To request the assistance and advice of any officer, agent, or employee of any executive de- partment or of any independent office of the United States, to enable the Corporation the better to carry out its powers successfully, and as far as practicable shall utilize the services of such officers, agents, and employees, and the President shall, if in his opinion the public in- terest, service, or economy so require, direct that such assistance, advice, and service be ren- dered to the Corporation, and any individual that may be by the President directed to render such assistance, advice, and service shall be thereafter subject to the orders, rules, and regu- lations of the Board: Provided, That any inven- tion or discovery made by virtue of and inci- dental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corpora- tion, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is authorized to grant such licenses thereunder as shall be au- thorized by the Board: Provided further, That the Board may pay to such inventor such sum from the income from sale of licenses as it may deem proper. (j) Upon the requisition of the Secretary of the Army or the Secretary of the Navy to manufac- ture for and sell at cost to the United States ex- plosives or their nitrogenous content. (k) Upon the requisition of the Secretary of the Army, the Corporation shall allot and de- liver without charge to the Department of the Army so much power as shall be necessary in the judgment of said Department for use in op- eration of all locks, lifts, or other facilities in aid of navigation. (l) To produce, distribute, and sell electric power, as herein particularly specified. (May 18, 1933, ch. 32, § 5, 48 Stat. 61; Aug. 31, 1935, ch. 836, § 4, 49 Stat. 1076; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; July 3, 1952, ch. 570, § 2(a), 66 Stat. 334; Pub. L. 86–137, § 3, Aug. 6, 1959, 73 Stat. 285; Pub. L. 94–412, title V, § 501(d), Sept. 14, 1976, 90 Stat. 1258; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes CODIFICATION Former subsec. (n) authorized President within twelve months after May 18, 1933, to lease nitrate plant numbered 2 and Waco Quarry for production of fer- tilizer, and has been omitted as executed. AMENDMENTS 2004—Pub. L. 108–447 substituted ‘‘Board’’ for ‘‘board’’ wherever appearing. 1976—Subsec. (m). Pub. L. 94–412 struck out subsec. (m) which barred sale of TVA products outside United States except to Government for military use or its al- lies in case of war or until six months after termi- nation of Korean emergency. 1959—Subsec. (m). Pub. L. 86–137 excepted ferrophosphorus. 1952—Subsec. (m). Joint Res. July 3, 1952, inserted ‘‘or, until six months after the termination of the na- tional emergency proclaimed by the President on De- cember 16, 1950, or until such earlier date or dates as the Congress by concurrent resolution or the President may provide but in no event after April 1, 1953, to na- tions associated with the United States in defense ac- tivities’’. 1935—Subsec. (c). Act Aug. 31, 1935, inserted ‘‘with farmers, landowners, and associations of farmers and landowners,’’ after ‘‘demonstration farms’’ and ‘‘and for promoting the prevention of soil erosion by the use of fertilizers and otherwise’’ after ‘‘period of their in- troduction’’. 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. EFFECTIVE DATE OF 1952 AMENDMENT Joint Res. July 3, 1952, ch. 570, § 7, 66 Stat. 334, pro- vided that the amendment is effective June 16, 1952. REPEAL OF PRIOR ACTS CONTINUING SUBSECTION (m) Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions of subsection (m) relating to sales to allies until July 3, 1952. This repeal was to take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952. SAVINGS PROVISION Repeal of subsec. (m) of this section by Pub. L. 94–412, not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National Defense. TERMINATION OF FOREIGN SALES Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, pro- vided for the extension of certain emergency provisions (previously extended to April 1, 1953, by Joint Res. July 3, 1952, ch. 570, § 2(a), 66 Stat. 334) until July 1, 1953. Sec- tion 2 of said Joint Res. Mar. 31, 1953, provided that such extension did not apply to the provisions of this section. Executive Documents SECRETARY OF THE AIR FORCE For transfer of certain functions insofar as they per- tain to Air Force, and to extent that they were not pre- viously transferred to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Trans- fer Order No. 40 [App. A(40)], July 22, 1949. Page 1461 TITLE 16—CONSERVATION § 831h § 831e. Officers and employees; nonpolitical ap- pointment; removal for violation In the appointment of officials and the selec- tion of employees for said Corporation, and in the promotion of any such employees or offi- cials, no political test or qualification shall be permitted or given consideration, but all such appointments and promotions shall be given and made on the basis of merit and efficiency. Any member of said Board who is found by the Presi- dent of the United States to be guilty of a viola- tion of this section shall be removed from office by the President of the United States, and any appointee of said Board who is found by the Board to be guilty of a violation of this section shall be removed from office by said Board. (May 18, 1933, ch. 32, § 6, 48 Stat. 63; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–447 substituted ‘‘Board’’ for ‘‘board’’ wherever appearing. 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. § 831f. Control of plants and property vested in Corporation; transfer of other property to Corporation In order to enable the Corporation to exercise the powers and duties vested in it by this chap- ter— (a) The exclusive use, possession, and control of the United States nitrate plants numbered 1 and 2, including steam plants, located, respec- tively, at Sheffield, Alabama, and Muscle Shoals, Alabama, together with all real estate and buildings connected therewith, all tools and machinery, equipment, accessories, and mate- rials belonging thereto, and all laboratories and plants used as auxiliaries thereto; the fixed-ni- trogen research laboratory, the Waco limestone quarry, in Alabama, and Dam Numbered 2, lo- cated at Muscle Shoals, its power house, and all hydroelectric and operating appurtenances (ex- cept the locks), and all machinery, lands, and buildings in connection therewith, and all ap- purtenances thereof, and all other property to be acquired by the Corporation in its own name or in the name of the United States of America, are intrusted to the Corporation for the pur- poses of this chapter. (b) The President of the United States is au- thorized to provide for the transfer to the Cor- poration of the use, possession, and control of such other real or personal property of the United States as he may from time to time deem necessary and proper for the purposes of the Corporation as herein stated. (May 18, 1933, ch. 32, § 7, 48 Stat. 63.) Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsection (b) of this section to provide for transfer to Tennessee Valley Au- thority of use, possession, and control of real or per- sonal property of United States deemed by Adminis- trator of General Services to be necessary and proper for purposes of that Authority as provided for in this section, delegated to Administrator of General Serv- ices, see section 1(17) 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. § 831g. Principal office of Corporation; books; di- rectors’ oath (a) Location The Corporation shall maintain its principal office in the immediate vicinity of Muscle Shoals, Alabama. The Corporation shall be held to be an inhabitant and resident of the northern judicial district of Alabama within the meaning of the laws of the United States relating to the venue of civil suits. (b) Account books The Corporation shall at all times maintain complete and accurate books of accounts. (c) Oath of office Each member of the Board, before entering upon the duties of his office, shall subscribe to an oath (or affirmation) to support the Constitu- tion of the United States and to faithfully and impartially perform the duties imposed upon him by this chapter. (May 18, 1933, ch. 32, § 8, 48 Stat. 63; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.) Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–447 substituted ‘‘Board’’ for ‘‘board’’. 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. § 831h. Annual financial statement; purchases and contracts; audit by Comptroller General (a) Financial statement and report The Board shall file with the President and with the Congress, in March of each year, a fi- nancial statement and a complete report as to the business of the Corporation covering the preceding governmental fiscal year. This report shall include an itemized statement of the cost of power at each power station, the total num- ber of employees and the names, salaries, and duties of those receiving compensation at the rate of more than $1,500 a year. (b) Bids All purchases and contracts for supplies or services, except for personal services, made by