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-CITE-
16 USC Sec. 832a 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 12B - BONNEVILLE PROJECT-HEAD-
Sec. 832a. General administrative provisions-STATUTE-
(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 operation 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 Columbia
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 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 several electrical generating units and
appurtenant equipment of the Bonneville project in accordance with
the requirements of the administrator. The Secretary of the Army
shall provide and maintain for the use of the administrator at said
Bonneville project adequate station space and equipment, including
such switches, switchboards, 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 transmission of
such energy from that place at suitable voltage to the markets
which the administrator desires to serve.
The office of the Administrator of the Bonneville project is
constituted an office in the Department of Energy and shall be
under the jurisdiction and control of the Secretary of Energy. All
functions vested in the Administrator of the Bonneville project
under this chapter may be exercised by the Secretary of Energy and,
subject to his supervision and direction, by the Administrator 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 facilities and structures
appurtenant thereto, as he finds necessary, desirable, or
appropriate for the purpose of transmitting electric energy,
available for sale, from the Bonneville project to existing and
potential markets, and, for the purpose of interchange of electric
energy, to interconnect the Bonneville project with other Federal
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, including
lands, easements, rights-of-way, franchises, electric transmission
lines, substations, and facilities and structures appurtenant
thereto, as the administrator finds necessary or appropriate to
carry out the purposes of this chapter. Title to all property and
property rights acquired 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 patent 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 judgment 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 substations as in his judgment are not
required for the purposes of this chapter: Provided, however, That
before the sale, lease, or disposition of real property or
transmission lines, as herein provided, the administrator shall
secure the approval of the President of the United States.
(f) Contracts
Subject only to the provisions of this chapter, the Administrator
is authorized to enter into such contracts, agreements, and
arrangements, including the amendment, modification, adjustment, or
cancelation (FOOTNOTE 1) thereof and the compromise or final
settlement of any claim arising thereunder, and to make such
expenditures, upon such terms and conditions and in such manner as
he may deem necessary.
(FOOTNOTE 1) So in original. Probably should be
''cancellation''.-SOURCE-
(Aug. 20, 1937, ch. 720, Sec. 2, 50 Stat. 732; Mar. 6, 1940, ch.
47, Sec. 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, Sec. 1, 5, 59
Stat. 546, 547; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; 1965 Reorg. Plan No. 4, Sec. 11(c), 13(a), eff. July
27, 1965, 30 F.R. 9353, 79 Stat. 1321; Aug. 4, 1977, Pub. L. 95-91,
title III, Sec. 302(a)(1)(D), (2), 91 Stat. 578.)-COD-
CODIFICATION
Provisions of the first par. of subsec. (a) which prescribed the
compensation of the Administrator were omitted as compensation of
the Administrator is prescribed by section 5316 of Title 5,
Government Organization and Employees.-MISC3-
AMENDMENTS
1945 - Subsec. (a). Act Oct. 23, 1945, Sec. 5, struck out
provisions relating to the appointment and compensation of an
Assistant Administrator, chief engineer and general counsel and to
the powers and duties of the Assistant Administrator. See section
832i of this title.
Subsec. (f). Act Oct. 23, 1945, Sec. 1, substituted ''is
authorized to enter into such contracts, agreements, and
arrangements, including the amendment, modification, adjustment, or
cancelation thereof and the compromise or final settlement of any
claim arising thereunder, and to make such expenditures, upon such
terms and conditions and in such manner as he may deem necessary''
for ''is authorized, in the name of the United States, to negotiate
and enter into such contracts, agreements, and arrangements as he
shall find necessary or appropriate to carry out the purposes of
this chapter''.
1940 - Subsec. (a). Act Mar. 6, 1940, inserted provisions
relating to jurisdiction and functions of administrator.-CHANGE-
CHANGE OF NAME
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary 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,
enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013
continued military Department of the Army under administrative
supervision of Secretary of the Army.-MISC4-
REPEALS
Act Mar. 6, 1940, ch. 47, Sec. 1, 54 Stat. 47, cited as a credit
to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept.
6, 1966, 80 Stat. 650.-TRANS-
TRANSFER OF FUNCTIONS
In subsec. (a), ''Secretary of Energy'' substituted for
''Secretary of the Interior'' in five places and ''Department of
Energy'' substituted for ''Department of the Interior'' pursuant to
Pub. L. 95-91, Sec. 302(a)(1)(D), (2), which is classified to
section 7152(a)(1)(D), (2) of Title 42, The Public Health and
Welfare, and which transferred functions of Secretary of the
Interior with respect to Bonneville Power Administration to
Secretary of Energy, with Bonneville Power Administration to be
preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
Provisions of the second sentence of the second par. of subsec.
(a), which related to the advisory board and its composition, were
omitted pursuant to Reorg. Plan No. 4 of 1965, Sec. 11(c) and
13(a), set out in the Appendix to Title 5, Government Organization
and Employees, which abolished the advisory board and transferred
its functions, including the functions of the chairman and other
officers, to the Secretary of the Interior.
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Sec. 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.-CROSS-
FEDERAL RULES OF CIVIL PROCEDURE
Procedure in condemnation proceedings, see rule 71A of the
Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and
Judicial Procedure.-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 832, 838i, 839f of this
title.