16 U.S.C. § 837h — Provisions not applicable to Canyon

Page 1509 TITLE 16—CONSERVATION § 837h Northwest in equal amounts during the same Pacific Northwest refill period or the succeeding storage drawdown period, (3) any hydroelectric energy which will be returned to the Pacific Northwest in equal amounts during the same Pacific Northwest storage drawdown period, (4) hydroelectric peaking capacity, or (5) surplus peaking capacity for energy. All benefits from such exchanges, including resulting increases of firm power, shall be shared equitably by the areas involved, having regard to the secondary energy and other contributions made by each. (Pub. L. 88–552, § 5, Aug. 31, 1964, 78 Stat. 758.) § 837e. Transmission lines for other electric en- ergy; rates Any capacity in Federal transmission lines connecting, either by themselves or with non- Federal lines, a generating plant in the Pacific Northwest or Canada with the other area or with any other area outside the Pacific North- west, which is not required for the transmission of Federal energy or the energy described in sec- tion 837h of this title, shall be made available as a carrier for transmission of other electric en- ergy between such areas. The transmission of other electric energy shall be at equitable rates determined by the Secretary, but such rates shall be subject to equitable adjustment at ap- propriate intervals not less frequently than once in every five years as agreed to by the parties. No contract for the transmission of non-Federal energy on a firm basis shall be affected by any increase, subsequent to the execution of such contract, in the requirements for transmission of Federal energy, the energy described in sec- tion 837h of this title, or other electric energy. (Pub. L. 88–552, § 6, Aug. 31, 1964, 78 Stat. 758.) § 837f. Purchaser priority on Pacific Northwest power; amendment of existing contracts and new contracts to include priority provisions The Secretary shall offer to amend, without imposing any other requirements as a condition to such amendment, all existing contracts for the sale or exchange of electric power generated at Federal hydroelectric plants in the Pacific Northwest to include, and shall include in all new contracts, provisions giving the purchaser priority on electric power generated at such plants in conformity with the provisions of this chapter. (Pub. L. 88–552, § 7, Aug. 31, 1964, 78 Stat. 758.) § 837g. Transmission lines between Pacific North- west and Pacific Southwest; prohibition against construction of lines or related facili- ties; exceptions of lines and facilities rec- ommended by Secretary or authorized by Congress; authority of Secretary to construct other transmission lines unaffected No electric transmission lines or related fa- cilities shall be constructed by any Federal agency outside the Pacific Northwest for the purpose of transmitting electric energy between the Pacific Northwest and Pacific Southwest, nor shall any arrangement for transmission ca- pacity be executed by any Federal agency for the purpose of financing such lines and related facilities to be constructed by non-Federal enti- ties, except those lines and facilities rec- ommended for Federal construction in the Re- port of the Secretary of the Interior submitted to Congress on June 24, 1964, as supplemented on July 27, 1964, or as hereafter specifically author- ized by Congress: Provided, That, except with re- spect to electric transmission lines and related facilities for the purpose of transmitting elec- tric energy between the two regions above men- tioned, nothing herein shall be construed as ex- panding or diminishing in any way the present authority of the Secretary of Energy to con- struct transmission lines to market power and energy. (Pub. L. 88–552, § 8, Aug. 31, 1964, 78 Stat. 758; Pub. L. 95–91, title III, § 302(a), Aug. 4, 1977, 91 Stat. 578.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Secretary of the Interior’’ in the proviso in text pursuant to Pub. L. 95–91, § 302(a), which is classified to section 7152(a) of Title 42, The Public Health and Welfare. § 837g–1. Construction of additional facilities by Secretary of Energy for mutually beneficial power sales between Pacific Northwest and California; contribution of funds by non-Fed- eral entities Notwithstanding the provisions of section 837g of this title, the Secretary of Energy is author- ized to construct or participate in the construc- tion of such additional facilities as he deems necessary to allow mutually beneficial power sales between the Pacific Northwest and Cali- fornia and to accept funds contributed by non- Federal entities for that purpose. (Pub. L. 98–360, title III, July 16, 1984, 98 Stat. 416.) Editorial Notes CODIFICATION Section was not enacted as part of Pub. L. 88–552 which comprises this chapter. § 837h. Provisions not applicable to Canyon Ferry project or benefits and exchanges under Treaty between Canada and United States; preference of power users in Montana not modified The provisions of this chapter shall not be ap- plicable to (1) the Canyon Ferry project and (2), except as provided in section 837e of this title, downstream power benefits to which Canada is entitled under the treaty between Canada and the United States relating to the cooperative de- velopment of the water resources of the Colum- bia River Basin, signed at Washington, January 17, 1961, nor to energy or capacity disposed of to Canada in any exchange pursuant to paragraph 1 or 2 of article VIII thereof. Nothing in this chapter shall be construed to modify the geo- graphical preference of power users in the State of Montana which is established by the Hungry Horse Dam Act (Act of June 4, 1944, 58 Stat. 270), as amended. 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-