16 U.S.C. § 838 — Congressional findings; authority and du-

Page 1510 TITLE 16—CONSERVATION § 838 (Pub. L. 88–552, § 9, Aug. 31, 1964, 78 Stat. 758.) Editorial Notes REFERENCES IN TEXT The Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended, referred to in text, probably means act June 5, 1944, ch. 234, 58 Stat. 270, which is classified to sections 593a and 593b of Title 43, Public Lands. CHAPTER 12G—PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM Sec. 838. Congressional findings; authority and duties of Secretary of Energy relating to Federal Columbia River Power System unaffected. 838a. Definitions. 838b. Operation and maintenance of Federal trans- mission system; construction of improve- ments, betterments, additions and replace- ments; criteria. 838c. Acquisition by condemnation of transmission facilities. 838d. Transmission of non-Federal power. 838e. Acquisition of property. 838f. Marketing of Federal power; sales agent. 838g. Schedules of rates and charges for sale of Federal power and transmission of non-Fed- eral power; confirmation and approval; cri- teria for modification and establishment. 838h. Uniform schedules of rates and charges for sale of Federal power and transmission of non-Federal power; allocation of cost recov- ery. 838i. Bonneville Power Administration fund. 838j. Investment of excess moneys; deposit of mon- eys. 838k. Bonneville Power Administration bonds. 838l. Bonneville Power Administration refi- nancing. 838m. Power marketing administration trans- mission borrowing authority. 838n. Columbia Basin power management. § 838. Congressional findings; authority and du- ties of Secretary of Energy relating to Fed- eral Columbia River Power System unaf- fected (a) Congress finds that in order to enable the Secretary of Energy to carry out the policies of Public Law 88–552 [16 U.S.C. 837 et seq.] relating to the marketing of electric power from hydro- electric projects in the Pacific Northwest, Pub- lic Laws 89–448 and 89–561 relating to use of reve- nues of the Federal Columbia River Power Sys- tem to provide financial assistance to reclama- tion projects in the Pacific Northwest, the trea- ty between the United States and Canada relat- ing to the cooperative development of the re- sources of the Columbia River Basin, and other applicable law, it is desirable and appropriate that the revenues of the Federal Columbia River Power System and the proceeds of revenue bonds be used to further the operation, mainte- nance, and further construction of the Federal transmission system in the Pacific Northwest. (b) Other than as specifically provided herein, the present authority and duties of the Sec- retary of Energy relating to the Federal Colum- bia River Power System shall not be affected by this chapter. The authority and duties of the Administrator referred to herein are subject to the supervision and direction of the Secretary. (Pub. L. 93–454, § 2, Oct. 18, 1974, 88 Stat. 1376; Pub. L. 95–91, title III, § 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578.) Editorial Notes REFERENCES IN TEXT Public Law 88–552, referred to in subsec. (a), is act Aug. 31, 1964, 78 Stat. 756, which is classified generally to chapter 12F (§ 837 et seq.) of this title. For complete classification of this Act to the Code, see Tables. Public Law 89–448, referred to in subsec. (a), is Pub. L. 89–448, §§ 1–3, June 14, 1966, 80 Stat. 200, which enacted sections 835j and 835k of this title and amended section 832h of this title. Public Law 89–561, referred to in subsec. (a), is Pub. L. 89–561, §§ 1–6, Sept. 7, 1966, 80 Stat. 707, which enacted sections 835l and 835m of this title and section 1962d–6 of Title 42, The Public Health and Welfare, and amend- ed sections 835j and 835k of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 93–454, § 1, Oct. 18, 1974, 88 Stat. 1376, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Federal Columbia River Transmission System Act’.’’ TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted in text for ‘‘Sec- retary of the Interior’’ pursuant to Pub. L. 95–91, § 302(a)(1)(D), which is classified to section 7152(a)(1)(D) of Title 42, The Public Health and Welfare. 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, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator. § 838a. Definitions As used in this chapter— (a) The term ‘‘Administrator’’ means the Ad- ministrator, Bonneville Power Administra- tion. (b) The term ‘‘electric power’’ means electric peaking capacity or electric energy, or both. (c) The term ‘‘major transmission facilities’’ means transmission facilities intended to be used to provide services not previously pro- vided by the Bonneville Power Administration with its own facilities. (Pub. L. 93–454, § 3, Oct. 18, 1974, 88 Stat. 1376.) Statutory Notes and Related Subsidiaries 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. § 838b. Operation and maintenance of Federal transmission system; construction of im- provements, betterments, additions and re- placements; criteria The Secretary of Energy, acting by and through the Administrator, shall operate and maintain the Federal transmission system with- in the Pacific Northwest and shall construct im-