16 U.S.C. § 831y — Net proceeds over expense payable into

Page 1477 TITLE 16—CONSERVATION § 831cc demnation proceedings initiated after thirty days fol- lowing the date of enactment of this Act [Sept. 28, 1968].’’ § 831y. Net proceeds over expense payable into Treasury Commencing July 1, 1936, the proceeds for each fiscal year derived by the Board from the sale of power or any other products manufac- tured by the Corporation, and from any other activities of the Corporation including the dis- position of any real or personal property, shall be paid into the Treasury of the United States on March 31 of each year, save and except such part of such proceeds as in the opinion of the Board shall be necessary for the Corporation in the operation of dams and reservoirs, in con- ducting its business in generating, transmitting, and distributing electric energy and in manufac- turing, selling, and distributing fertilizer and fertilizer ingredients. A continuing fund of $1,000,000 is also excepted from the requirements of this section and may be withheld by the Board to defray emergency expenses and to in- sure continuous operation: Provided, That noth- ing in this section shall be construed to prevent the use by the Board, after June 30, 1936, of pro- ceeds accruing prior to July 1, 1936, for the pay- ment of obligations lawfully incurred prior to such latter date. (May 18, 1933, ch. 32, § 26, 48 Stat. 71; Aug. 31, 1935, ch. 836, § 10, 49 Stat. 1079; Pub. L. 94–273, § 35(b), Apr. 21, 1976, 90 Stat. 380.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–273 substituted ‘‘on March 31 of each year’’ for ‘‘at the end of each calendar year’’. 1935—Act Aug. 31, 1935, amended section generally. § 831y–1. Approval of plans by Board as condition precedent to construction and operation; re- straining action without approval; other laws unaffected The unified development and regulation of the Tennessee River system requires that no dam, appurtenant works, or other obstruction, affect- ing navigation, flood control, or public lands or reservations shall be constructed, and thereafter operated or maintained across, along, or in the said river or any of its tributaries until plans for such construction, operation, and maintenance shall have been submitted to and approved by the Board; and the construction, commencement of construction, operation, or maintenance of such structures without such approval is prohib- ited. When such plans shall have been approved, deviation therefrom either before or after com- pletion of such structures is prohibited unless the modification of such plans has previously been submitted to and approved by the Board. In the event the Board shall, within sixty days after their formal submission to the Board, fail to approve any plans or modifications, as the case may be, for construction, operation, or maintenance of any such structures on the Lit- tle Tennessee River, the above requirements shall be deemed satisfied, if upon application to the Secretary of the Army, with due notice to the Corporation, and hearing thereon, such plans or modifications are approved by the said Secretary of the Army as reasonably adequate and effective for the unified development and regulation of the Tennessee River system. Such construction, commencement of con- struction, operation, or maintenance of any structures or parts thereof in violation of the provisions of this section may be prevented, and the removal or discontinuation thereof required by the injunction or order of any district court exercising jurisdiction in any district in which such structures or parts thereof may be situ- ated, and the Corporation is authorized to bring appropriate proceedings to this end. The requirements of this section shall not be construed to be a substitute for the require- ments of any other law of the United States or of any State, now in effect or hereafter enacted, but shall be in addition thereto, so that any ap- proval, license, permit, or other sanction now or hereafter required by the provisions of any such law for the construction, operation, or mainte- nance of any structures whatever, except such as may be constructed, operated, or maintained by the Corporation, shall be required, notwith- standing the provisions of this section. (May 18, 1933, ch. 32, § 26a, as added Aug. 31, 1935, ch. 836, § 11, 49 Stat. 1079; amended 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 Secretary of the Army. § 831z. Authorization of appropriations All appropriations necessary to carry out the provisions of this chapter are authorized. (May 18, 1933, ch. 32, § 27, 48 Stat. 71.) § 831aa. Laws repealed All acts or parts of acts in conflict with this chapter are repealed, so far as they affect the operations contemplated by this chapter. (May 18, 1933, ch. 32, § 28, 48 Stat. 71.) § 831bb. Reservation of right to amend or repeal The right to alter, amend, or repeal this chap- ter is expressly declared and reserved, but no such amendment or repeal shall operate to im- pair the obligation of any contract made by said Corporation under any power conferred by this chapter. (May 18, 1933, ch. 32, § 29, 48 Stat. 72.) § 831cc. Separability The sections of this chapter are declared to be separable, and in the event any one or more sec- tions of this chapter be held to be unconstitu- tional, the same shall not affect the validity of other sections of this chapter.