16 U.S.C. § 792 — Federal Power Commission; creation; num-

Page 1364 TITLE 16—CONSERVATION § 791 Sec. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided that: ‘‘Congress finds that— ‘‘(1) the hydropower industry currently employs ap- proximately 300,000 workers across the United States; ‘‘(2) hydropower is the largest source of clean, re- newable electricity in the United States; ‘‘(3) as of the date of enactment of this Act [Aug. 9, 2013], hydropower resources, including pumped stor- age facilities, provide— ‘‘(A) nearly 7 percent of the electricity generated in the United States; and ‘‘(B) approximately 100,000 megawatts of electric capacity in the United States; ‘‘(4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to non- powered dams; and ‘‘(5) according to one study, by utilizing currently untapped resources, the United States could add ap- proximately 60,000 megawatts of new hydropower ca- pacity by 2025, which could create 700,000 new jobs over the next 13 years.’’ SUBCHAPTER I—REGULATION OF THE DE- VELOPMENT OF WATER POWER AND RE- SOURCES Statutory Notes and Related Subsidiaries CODIFICATION; CONSTRUCTION Act Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847, provided that sections 1 to 29 of the Federal Water Power Act, as amended (sections 792, 793, 794 to 797, 798 to 818, 819, and 820 to 823 of this title) shall constitute part I of the act. Said section 212 also repealed sections 25 and 30 of the act (sections 819, 791 of this title). It also contained a proviso as follows: ‘‘That nothing in that Act, as amended, shall be construed to repeal or amend the provisions of the amendment to the Federal Water Power Act approved March 3, 1921 (41 Stat. 1353 [section 797a of this title]), or the provisions of any other Act relating to national parks and national monuments.’’ § 791. Repealed. Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847 Section, act June 10, 1920, ch. 285, § 30, 41 Stat. 1077, designated the act as The Federal Water Power Act. § 791a. Short title This chapter may be cited as the ‘‘Federal Power Act’’. (June 10, 1920, ch. 285, pt. III, § 321, formerly § 320, as added Aug. 26, 1935, ch. 687, title II, § 213, 49 Stat. 863; renumbered Pub. L. 95–617, title II, § 212, Nov. 9, 1978, 92 Stat. 3148.) Editorial Notes CODIFICATION Section was enacted as part of part III of the Federal Power Act, and not as part of part I of that Act which comprises this subchapter. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2013 AMENDMENT Pub. L. 113–23, § 1(a), Aug. 9, 2013, 127 Stat. 493, pro- vided that: ‘‘This Act [amending sections 798, 823a, and 2705 of this title and enacting provisions set out as notes preceding section 791 and under section 797 of this title] may be cited as the ‘Hydropower Regulatory Effi- ciency Act of 2013’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–575, § 1, Nov. 15, 1990, 104 Stat. 2834, pro- vided that: ‘‘This Act [enacting section 2243 of Title 42, The Public Health and Welfare, amending sections 796 and 824a–3 of this title and sections 2014, 2061, 2201, and 2284 of Title 42, and enacting provisions set out as a note under section 796 of this title] may be cited as the ‘Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–473, § 1, Oct. 6, 1988, 102 Stat. 2299, provided that: ‘‘This Act [amending section 824e of this title and enacting provisions set out as notes under section 824e of this title] may be cited as the ‘Regulatory Fairness Act’.’’ SHORT TITLE OF 1986 AMENDMENT Pub. L. 99–495, § 1(a), Oct. 16, 1986, 100 Stat. 1243, pro- vided that: ‘‘This Act [enacting sections 797b and 823b of this title, amending sections 797, 800, 802, 803, 807, 808, 817, 823a, 824a–3, and 824j of this title, and enacting pro- visions set out as notes under sections 797, 803, 823a, 824a–3, and 825h of this title] may be cited as the ‘Elec- tric Consumers Protection Act of 1986’.’’ § 792. Federal Power Commission; creation; num- ber; appointment; term; qualifications; va- cancies; quorum; chairman; salary; place of holding sessions A commission is created and established to be known as the Federal Power Commission (here- inafter referred to as the ‘‘commission’’) which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission. Each chairman, when so designated, shall act as such until the expira- tion of his term of office. The commissioners first appointed under this section, as amended, shall continue in office for terms of one, two, three, four, and five years, re- spectively, from June 23, 1930, the term of each to be designated by the President at the time of nomination. Their successors shall be appointed each for a term of five years from the date of the expiration of the term for which his predecessor was appointed and until his successor is ap- pointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and ex- cept that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be ap- pointed only for the unexpired term. Not more than three of the commissioners shall be ap- pointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, associa- tion, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioners. Said commissioners shall not engage in any other business, vocation, or em- ployment. No vacancy in the commission shall Page 1365 TITLE 16—CONSERVATION § 793 impair the right of the remaining commis- sioners to exercise all the powers of the commis- sion. Three members of the commission shall constitute a quorum for the transaction of busi- ness, and the commission shall have an official seal of which judicial notice shall be taken. The commission shall annually elect a vice chair- man to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. Each commissioner shall receive necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitation prescribed by law, while away from the seat of government upon official business. The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the conven- ience of the public or of the parties may be pro- moted or delay or expense prevented thereby, the commission may hold special sessions in any part of the United States. (June 10, 1920, ch. 285, pt. I, § 1, 41 Stat. 1063; June 23, 1930, ch. 572, § 1, 46 Stat. 797; renumbered pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat. 847; 1950 Reorg. Plan No. 9, § 3, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265; Pub. L. 86–619, § 1, July 12, 1960, 74 Stat. 407.) Editorial Notes CODIFICATION Provisions which prescribed the compensation of commissioners were omitted as obsolete. Compensation of the Chairman and members of the Commission was prescribed by sections 5314 and 5315 of Title 5, Govern- ment Organization and Employees, prior to termi- nation of the Commission. See Termination of Federal Power Commission; Transfer of Functions note below. AMENDMENTS 1960—Pub. L. 86–619 provided for continuation in of- fice of a commissioner upon termination of his term until a successor is appointed and has qualified, not be- yond expiration of next session of Congress subsequent to the expiration of said fixed term of office. 1930—Act June 23, 1938, amended section generally. Prior to amendment section read as follows: ‘‘A com- mission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the commission), which shall be composed of the Secretary of War, the Secretary of the Interior, and the Secretary of Agriculture. Two members of the commis- sion shall constitute a quorum for the transaction of business, and the commission shall have an official seal, which shall be judicially noticed. The President shall designate the chairman of the commission.’’ Statutory Notes and Related Subsidiaries REPEALS Act Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, formerly cited as a credit to this section, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 655. TERMINATION OF FEDERAL POWER COMMISSION; TRANSFER OF FUNCTIONS 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, The Public Health and Welfare. 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, set out below. REORGANIZATION PLAN NO. 9 OF 1950 Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.]. FEDERAL POWER COMMISSION SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN (a) Subject to the provisions of subsection (b) of this section, there are hereby transferred from the Federal Power Commission, hereinafter referred to as the Com- mission, to the Chairman of the Commission, herein- after referred to as the Chairman, the executive and ad- ministrative functions of the Commission, including functions of the Commission with respect to (1) the ap- pointment and supervision of personnel employed under the Commission, (2) the distribution of business among such personnel and among administrative units of the Commission, and (3) the use and expenditure of funds. (b)(1) In carrying out any of his functions under the provisions of this section the Chairman shall be gov- erned by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. (2) The appointment by the Chairman of the heads of major administrative units under the Commission shall be subject to the approval of the Commission. (3) Personnel employed regularly and full time in the immediate offices of Commissioners other than the Chairman shall not be affected by the provisions of this reorganization plan. (4) There are hereby reserved to the Commission its functions with respect to revising budget estimates and with respect to determining upon the distribution of appropriated funds according to major programs and purposes. SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS The Chairman may from time to time make such pro- visions as he shall deem appropriate authorizing the performance by any officer, employee, or administra- tive unit under his jurisdiction of any functions trans- ferred to the Chairman by the provisions of this reorga- nization plan. SEC. 3. DESIGNATION OF CHAIRMAN The functions of the Commission with respect to choosing a chairman from among the commissioners composing the Commission are hereby transferred to the President. § 793. Appointment of officers and employees of Commission; duties, and salaries; detail of of- ficers and employees from other depart- ments; expenditures authorized The commission shall have authority to ap- point, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general coun- sel, a solicitor, and a chief accountant; and may, subject to the civil service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix their sala-