16 U.S.C. § 832 — Completion and maintenance of project;

Page 1478 TITLE 16—CONSERVATION § 831dd (May 18, 1933, ch. 32, § 30, 48 Stat. 72; Aug. 31, 1935, ch. 836, § 15, 49 Stat. 1081.) Editorial Notes AMENDMENTS 1935—Act Aug. 31, 1935, reenacted provisions of this section without change. § 831dd. Liberal construction of chapter; sale of surplus lands This chapter shall be liberally construed to carry out the purposes of Congress to provide for the disposition of and make needful rules and regulations respecting Government properties entrusted to the Authority, provide for the na- tional defense, improve navigation, control de- structive floods, and promote interstate com- merce and the general welfare, but no real es- tate shall be held except what is necessary in the opinion of the Board to carry out plans and projects actually decided upon requiring the use of such land: Provided, That any land purchased by the Authority and not necessary to carry out plans and projects actually decided upon shall be sold by the Authority as agent of the United States, after due advertisement, at public auc- tion to the highest bidder. (May 18, 1933, ch. 32, § 31, as added Aug. 31, 1935, ch. 836, § 12, 49 Stat. 1080.) Editorial Notes CODIFICATION As originally enacted, the last sentence of this sec- tion contained, at the end thereof, the words ‘‘or at pri- vate sale as provided in section 3 of this amendatory Act.’’ Section 3 of the amendatory act of Aug. 31, 1935, added subsec. (k) to section 831c of this title. § 831ee. Essential stewardship activities For essential stewardship activities for which appropriations were provided to the Tennessee Valley Authority in Public Law 104–206, such sums as are necessary in fiscal year 1999 and thereafter, to be derived only from one or more of the following sources: nonpower fund balances and collections; investment returns of the nonpower program; applied programmatic sav- ings in the power and nonpower programs; sav- ings from the suspension of bonuses and awards; savings from reductions in memberships and contributions; increases in collections resulting from nonpower activities, including user fees; or increases in charges to private and public utili- ties both investor and cooperatively owned, as well as to direct load customers: Provided, That such funds are available to fund the stewardship activities under this section, notwithstanding sections 11, 14, 15, 29 [16 U.S.C. 831j, 831m, 831n, 831bb], or other provisions of the Tennessee Val- ley Authority Act [16 U.S.C. 831 et seq.], as amended, or provisions of the TVA power bond covenants: Provided further, That the savings from, and revenue adjustments to, the TVA budget in fiscal year 1999 and thereafter shall be sufficient to fund the aforementioned steward- ship activities such that the net spending au- thority and resulting outlays for these activities shall not exceed $0 in fiscal year 1999 and there- after. (Pub. L. 105–62, title IV, Oct. 13, 1997, 111 Stat. 1338.) Editorial Notes REFERENCES IN TEXT Public Law 104–206, referred to in text, is Pub. L. 104–206, Sept. 30, 1996, 110 Stat. 2984, known as the En- ergy and Water Development Appropriations Act, 1997. For complete classification of this Act to the Code, see Tables. 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 enacted as part of the Energy and Water Development Appropriations Act, 1998, and not as part of the Tennessee Valley Authority Act of 1933 which comprises this chapter. CHAPTER 12B—BONNEVILLE PROJECT Sec. 832. Completion and maintenance of project; gen- eration of electricity. 832a. General administrative provisions. 832a–1. Repealed. 832b. Definitions. 832c. Distribution of electricity; preference to pub- lic bodies and cooperatives. 832d. Contracts for sale of electricity. 832e. Rate schedules. 832f. Elements in determining rates. 832g. Purchase of supplies and services. 832h. Miscellaneous administrative provisions. 832i. Employment of personnel. 832j. Deposit of receipts; authorization of appro- priations. 832k. Authority of Administrator. 832l. Separability. 832m. Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility. § 832. Completion and maintenance of project; generation of electricity For the purpose of improving navigation on the Columbia River, and for other purposes inci- dental thereto, the dam, locks, power plant, and appurtenant works under construction on Au- gust 20, 1937, at Bonneville, Oregon and North Bonneville, Washington (called Bonneville project in this chapter), shall be completed, maintained, and operated under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, subject to the provi- sions of this chapter relating to the powers and duties of the Bonneville power administrator provided for in section 832a(a) of this title (called the administrator in this chapter) re- specting the transmission and sale of electric energy generated at said project. The Secretary of the Army shall provide, construct, operate, maintain, and improve at Bonneville project such machinery, equipment, and facilities for the generation of electric energy as the adminis- trator may deem necessary to develop such elec- tric energy as rapidly as markets may be found therefor. The electric energy thus generated and not required for the operation of the dam and 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