16 U.S.C. § 832a — General administrative provisions

Page 1479 TITLE 16—CONSERVATION § 832a locks at such project and the navigation facili- ties employed in connection therewith shall be delivered to the administrator, for disposition as provided in this chapter. (Aug. 20, 1937, ch. 720, § 1, 50 Stat. 731; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501.) 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 Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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 a Secretary of the Army. SHORT TITLE Act Aug. 20, 1937, ch. 720, 50 Stat. 731, which enacted this chapter, is popularly known as the ‘‘Bonneville Project Act of 1937’’. TRANSFER OF FUNCTIONS Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Sec- retary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organiza- tional entity within Department of Energy and headed by an Administrator. § 832a. General administrative provisions (a) Appointment of Administrator; powers and duties The electric energy generated in the operation of the said Bonneville project shall be disposed of by the said administrator as provided in this chapter. The administrator shall be appointed by the Secretary of Energy; shall be responsible to said Secretary of Energy; and shall maintain his principal office at a place selected by him in the vicinity of the Bonneville project. The Administrator shall, as in this chapter provided, make all arrangements for the sale and disposition of electric energy generated at Bonneville project not required for the oper- ation of the dam and locks at such project and the navigation facilities employed in connection therewith. He shall act in consultation with the Secretary of Energy. The form of administration established in this chapter for the Bonneville project is intended to be provisional pending the establishment of a permanent administration for Bonneville and other projects in the Colum- bia River Basin. The Secretary of the Army shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Bonneville project when in the judgment of the administrator such addi- tional generating facilities are desirable to meet actual or potential market requirements for such electric energy. The Secretary of the Army shall schedule the operations of the several elec- trical generating units and appurtenant equip- ment of the Bonneville project in accordance with the requirements of the administrator. The Secretary of the Army shall provide and main- tain for the use of the administrator at said Bonneville project adequate station space and equipment, including such switches, switch- boards, instruments, and dispatching facilities as may be required by the administrator for proper reception, handling, and dispatching of the electric energy produced at the said project, together with transformers and other equipment required by the administrator for the trans- mission of such energy from that place at suit- able voltage to the markets which the adminis- trator desires to serve. The office of the Administrator of the Bonne- ville project is constituted an office in the De- partment of Energy and shall be under the juris- diction and control of the Secretary of Energy. All functions vested in the Administrator of the Bonneville project under this chapter may be ex- ercised by the Secretary of Energy and, subject to his supervision and direction, by the Admin- istrator and other personnel of the project. (b) Electric transmission lines and equipment In order to encourage the widest possible use of all electric energy that can be generated and marketed and to provide reasonable outlets therefor, and to prevent the monopolization thereof by limited groups, the administrator is authorized and directed to provide, construct, operate, maintain, and improve such electric transmission lines and substations, and facili- ties and structures appurtenant thereto, as he finds necessary, desirable, or appropriate for the purpose of transmitting electric energy, avail- able for sale, from the Bonneville project to ex- isting and potential markets, and, for the pur- pose of interchange of electric energy, to inter- connect the Bonneville project with other Fed- eral projects and publicly owned power systems constructed on or after August 20, 1937. (c) Acquisition of property The administrator is authorized, in the name of the United States, to acquire, by purchase, lease, condemnation, or donation, such real and personal property, or any interest therein, in- cluding lands, easements, rights-of-way, fran- chises, electric transmission lines, substations, and facilities and structures appurtenant there- to, as the administrator finds necessary or ap- propriate to carry out the purposes of this chap- ter. Title to all property and property rights ac- quired by the administrator shall be taken in the name of the United States. (d) Condemnation The administrator shall have power to acquire any property or property rights, including pat- ent rights, which in his opinion are necessary to carry out the purposes of this chapter, by the exercise of the right of eminent domain and to institute condemnation proceedings therefor in the same manner as is provided by law for the condemnation of real estate. (e) Disposal of property The administrator is authorized, in the name of the United States, to sell, lease, or otherwise dispose of such personal property as in his judg- ment is not required for the purposes of this chapter and such real property and interests in land acquired in connection with construction or operation of electric transmission lines or Page 1480 TITLE 16—CONSERVATION § 832a–1 1 So in original. Probably should be ‘‘cancellation’’. substations as in his judgment are not required for the purposes of this chapter: Provided, how- ever, That before the sale, lease, or disposition of real property or transmission lines, as herein provided, the administrator shall secure the ap- proval of the President of the United States. (f) Contracts Subject only to the provisions of this chapter, the Administrator is authorized to enter into such contracts, agreements, and arrangements, including the amendment, modification, adjust- ment, or cancelation 1 thereof and the com- promise or final settlement of any claim arising thereunder, and to make such expenditures, upon such terms and conditions and in such manner as he may deem necessary. (Aug. 20, 1937, ch. 720, § 2, 50 Stat. 732; Mar. 6, 1940, ch. 47, §§ 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, §§ 1, 5, 59 Stat. 546, 547; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; 1965 Reorg. Plan No. 4, §§ 11(c), 13(a), eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321; Pub. L. 95–91, title III, § 302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.) Editorial Notes CODIFICATION Provisions of the first par. of subsec. (a) which pre- scribed the compensation of the Administrator were omitted as compensation of the Administrator is pre- scribed by section 5316 of Title 5, Government Organiza- tion and Employees. AMENDMENTS 1945—Subsec. (a). Act Oct. 23, 1945, § 5, struck out pro- visions relating to the appointment and compensation of an Assistant Administrator, chief engineer and gen- eral counsel and to the powers and duties of the Assist- ant Administrator. See section 832i of this title. Subsec. (f). Act Oct. 23, 1945, § 1, substituted ‘‘is au- thorized to enter into such contracts, agreements, and arrangements, including the amendment, modification, adjustment, or cancelation thereof and the compromise or final settlement of any claim arising thereunder, and to make such expenditures, upon such terms and conditions and in such manner as he may deem nec- essary’’ for ‘‘is authorized, in the name of the United States, to negotiate and enter into such contracts, agreements, and arrangements as he shall find nec- essary or appropriate to carry out the purposes of this chapter’’. 1940—Subsec. (a). Act Mar. 6, 1940, inserted provisions relating to jurisdiction and functions of administrator. 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 Mar. 6, 1940, ch. 47, § 1, 54 Stat. 47, cited as a cred- it to this section, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 650. TRANSFER OF FUNCTIONS In subsec. (a), ‘‘Secretary of Energy’’ substituted for ‘‘Secretary of the Interior’’ in five places and ‘‘Depart- ment of Energy’’ substituted for ‘‘Department of the Interior’’ pursuant to Pub. L. 95–91, § 302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, and which trans- ferred functions of Secretary of the Interior with re- spect to Bonneville Power Administration to Secretary of Energy, with Bonneville Power Administration to be preserved as a distinct organizational entity within De- partment of Energy and headed by an Administrator. Executive Documents TRANSFER OF FUNCTIONS Provisions of the second sentence of the second par. of subsec. (a), which related to the advisory board and its composition, were omitted pursuant to Reorg. Plan No. 4 of 1965, §§ 11(c) and 13(a), set out in the Appendix to Title 5, Government Organization and Employees, which abolished the advisory board and transferred its functions, including the functions of the chairman and other officers, to the Secretary of the Interior. 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. § 832a–1. Repealed. Pub. L. 88–426, title III, § 305(36), Aug. 14, 1964, 78 Stat. 427 Section, Pub. L. 87–330, title II, § 200, Sept. 30, 1961, 75 Stat. 728, prescribed the compensation of the Adminis- trator, Bonneville Power Administration, and is pre- scribed by section 5316 of Title 5, Government Organiza- tion and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first pay period which begins on or after July 1, 1964, see section 501 of Pub. L. 88–426. § 832b. Definitions As employed in this chapter, the term ‘‘public body’’, or ‘‘public bodies’’, means States, public power districts, counties, and municipalities, in- cluding agencies or subdivisions of any thereof. As employed in this chapter, the term ‘‘coop- erative’’, or ‘‘cooperatives’’, means any form of nonprofit-making organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost. (Aug. 20, 1937, ch. 720, § 3, 50 Stat. 733.) § 832c. Distribution of electricity; preference to public bodies and cooperatives (a) General provisions In order to insure that the facilities for the generation of electric energy at the Bonneville project shall be operated for the benefit of the general public, and particularly of domestic and rural consumers, the administrator shall at all times, in disposing of electric energy generated at said project, give preference and priority to public bodies and cooperatives. (b) Prior to January 1, 1942; subsequent thereto To preserve and protect the preferential rights and priorities of public bodies and cooperatives