16 U.S.C. § 832m — Sale of excess Federal power; fish and

Page 1486 TITLE 16—CONSERVATION § 832l 1 So in original. No par. (2) has been enacted. (Aug. 20, 1937, ch. 720, § 12, 50 Stat. 736; Oct. 23, 1945, ch. 433, § 6, 59 Stat. 547; July 26, 1946, ch. 673, 60 Stat. 701.) Editorial Notes AMENDMENTS 1946—Subsec. (b). Act July 26, 1946, took from the Ad- ministrator the authority to make settlement of suits. 1945—Act Oct. 23, 1945, added subsec. (a), designated existing provisions as subsec. (b), and amended such provisions generally. 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. § 832l. Separability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstance shall be held invalid, the remainder of the chapter and the application of such provi- sion to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. (Aug. 20, 1937, ch. 720, § 13, 50 Stat. 736.) § 832m. Sale of excess Federal power; fish and wildlife conservation within Federal Colum- bia River Power System; residential ex- change; personnel flexibility (a) Definitions In this section: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Bonneville Power Adminis- tration. (2) Council The term ‘‘Council’’ means the Northwest Power and Conservation Planning Council. (3) Excess Federal power The term ‘‘excess Federal power’’ means such electric power that has become surplus to the firm contractual obligations of the Admin- istrator under section 839c(f) of this title due to either— (A) any reduction in the quantity of elec- tric power that the Administrator is con- tractually required to supply under sub- sections (b) and (d) of section 839c of this title, due to the election by customers of the Bonneville Power Administration to pur- chase electric power from other suppliers, as compared to the quantity of electric power that the Administrator was contractually required to supply as of January 1, 1995; or (B) those operations of the Federal Colum- bia River Power System that are primarily for the benefit of fish and wildlife affected by the development, operation, or manage- ment of the System. (b) Sale of excess Federal power Notwithstanding section 837a of this title, sub- sections (a), (b), and (c) of section 837b of this title, and section 837f of this title, and section 839f(c) of this title, the Administrator may, as permitted by otherwise applicable law, sell or otherwise dispose of excess Federal power— (1) outside the Pacific Northwest on a firm basis for a contract term of not to exceed 7 years, if the excess Federal power is first of- fered for a reasonable period of time and under the same essential rate, terms and conditions to those Pacific Northwest public body, coop- erative and investor-owned utilities and those direct service industrial customers identified in subsection (b) or (d)(1)(A) of section 839c of this title; and (2) in any region without the prohibition on resale established by the second sentence of section 832d(a) of this title. (c) Study by Council (1) 1 Within 180 days of November 13, 1995, the Council shall review and report to Congress re- garding the most appropriate governance struc- ture to allow more effective regional control over efforts to conserve and enhance anad- romous and resident fish and wildlife within the Federal Columbia River Power System. (d) Corps of Engineers procurement The Assistant Secretary of the Army for Civil Works, acting through the North Pacific Divi- sion of the Corps of Engineers, is authorized to place orders for goods and services related to fa- cilities for electric power generation and fish and wildlife mitigation associated with the Fed- eral Columbia River Power System with and through the Administrator using the authorities available to the Administrator. (e) Residential exchange Notwithstanding the establishment, confirma- tion and approval of rates pursuant to section 839e of this title, and notwithstanding the provi- sions of section 839c(c) of this title, the cost ben- efits of eligible utilities’ total purchase and ex- change sales under section 839c(c)(1) of this title shall be $145,000,000 for fiscal year 1997, and the net benefits paid to each eligible electric utility shall be $145,000,000 multiplied by the percentage of the total of such net benefits paid by the Ad- ministrator to such utility for fiscal year 1995. (f) Personnel flexibility The Administrator may offer employees vol- untary separation incentives as deemed nec- essary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separation shall repay the entire amount to the Bonneville Power Ad- ministration. (g) Savings Unless superseded by an Act of Congress, the authority provided by this section is expressly intended to extend beyond the fiscal year. (Pub. L. 104–46, title V, § 508, Nov. 13, 1995, 109 Stat. 419.) Editorial Notes CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1996, and not as part Page 1487 TITLE 16—CONSERVATION § 833a of the Bonneville Project Act of 1937 which comprises this chapter. Statutory Notes and Related Subsidiaries VOLUNTARY SEPARATION INCENTIVES TO EMPLOYEES Pub. L. 104–206, title V, § 511, Sept. 30, 1996, 110 Stat. 3004, as amended by Pub. L. 106–377, § 1(a)(2) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–76, provided that: ‘‘The Administrator may offer employees voluntary separation incentives as deemed necessary which shall not exceed $25,000. Recipients who accept employment with the United States within five years after separa- tion shall repay the entire amount to the Bonneville Power Administration. This authority shall expire Jan- uary 1, 2003.’’ CHAPTER 12C—FORT PECK PROJECT Sec. 833. Completion and maintenance of project; gen- eration of electricity. 833a. Administration of project. 833b. Definitions. 833c. Preference to public bodies and cooperatives. 833d. Rate schedules; preparation, approval, and uniformity. 833e. Factors in determining rate schedules. 833f. Purchase of supplies and services. 833g. Miscellaneous administrative provisions. 833h. Personnel; appointment and compensation. 833i. Deposit of receipts; establishment of con- tinuing fund; authorization of appropria- tions. 833j. Suits for and against project; legal represen- tation. 833k. Separability. 833l. Acquisition of Indian lands. 833m. Determination of compensation for acquisi- tion of Indian lands; funds payable from; disposition of moneys. 833n. Use of deposits by allottees; nontaxability of lands. 833o. Authority of Secretary of the Interior for ac- quisition of Indian land. 833p. Reversion of title. 833q. Educational costs of dependents of employ- ees; payments to school districts; reim- bursement from continuing fund. § 833. Completion and maintenance of project; generation of electricity For the purpose of improving navigation on the Missouri River, and for other purposes inci- dental thereto, the dam and appurtenant works now under construction at Fort Peck, Montana, and a suitable power plant for the production of hydroelectric power (which dam, power plant, and appurtenant works are hereinafter called Fort Peck project), shall be completed, main- tained, and operated under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, subject to the provisions of this chapter relating to the powers and duties of the Bureau of Reclamation (hereinafter called the Bureau), as provided for in section 833a(a) of this title, respecting the transmission and sale of electric energy generated at said project. The Secretary of the Army shall provide, construct, operate, maintain, and improve at Fort Peck project such machinery, equipment, and facili- ties for the generation of electric energy as the Bureau may deem necessary to develop such electric energy as rapidly as markets may be found therefor. The electric energy thus gen- erated and not required for the operation of the dam at such project and the navigation facilities employed in connection therewith shall be deliv- ered to the Bureau for disposition as provided in this chapter. (May 18, 1938, ch. 250, § 1, 52 Stat. 403; 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. TRANSFER OF FUNCTIONS Power marketing functions of Bureau of Reclama- tion, including construction, operation, and mainte- nance of transmission lines and attendant facilities, transferred to Secretary of Energy by section 7152(a)(1)(E), (3) of Title 42, The Public Health and Wel- fare, and are to be exercised by Secretary through a separate Administration within Department of Energy. Executive Documents TRANSFER OF FUNCTIONS 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. § 833a. Administration of project (a) Disposal of energy; temporary administra- tion; installation and maintenance of equip- ment The electric energy generated in the operation of the said Fort Peck project shall be disposed of by the Bureau as hereinafter provided. The Bu- reau shall exercise the powers and perform the duties provided for in this chapter under the su- pervision and direction of the Secretary of the Interior in accordance with section 373a of title 43. The Bureau shall, as hereinafter provided, make all arrangements for the sale and disposi- tion of electric energy generated at the Fort Peck project not required for the operation of the dam at such project and the navigation fa- cilities employed in connection therewith. The form of administration herein established for the Fort Peck project is intended to be provi- sional pending the establishment of a permanent administration for Fort Peck and other projects in the Missouri River Basin. The Secretary of the Army shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Fort Peck project when in the judgment of the Bureau such additional 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 sev- eral electrical generating units and appurtenant equipment of the Fort Peck project in accord-