-CITE-


    16 USC Sec. 832m                                             01/26/98

-EXPCITE-


    TITLE 16 - CONSERVATION


    CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-


    Sec. 832m. Sale of excess Federal power; fish and wildlife


        conservation within Federal Columbia River Power System;


        residential exchange; personnel flexibility

-STATUTE-


    (a) Definitions


      In this section:


      (1) Administrator


        The term ''Administrator'' means the Administrator of the


      Bonneville Power Administration.


      (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 Administrator under section 839c(f) of this title due to


      either -


          (A) any reduction in the quantity of electric power that the


        Administrator is contractually required to supply under


        subsections (b) and (d) of section 839c of this title, due to


        the election by customers of the Bonneville Power


        Administration to purchase 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 Columbia River Power


        System that are primarily for the benefit of fish and wildlife


        affected by the development, operation, or management of the


        System.


    (b) Sale of excess Federal power


      Notwithstanding section 837a of this title, subsections (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 offered for a reasonable period of time and under


      the same essential rate, terms and conditions to those Pacific


      Northwest public body, cooperative 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) (FOOTNOTE 1) Within 180 days of November 13, 1995, the


    Council shall review and report to Congress regarding the most


    appropriate governance structure to allow more effective regional


    control over efforts to conserve and enhance anadromous and


    resident fish and wildlife within the Federal Columbia River Power


    System.


       (FOOTNOTE 1) So in original.  No par. (2) has been enacted.


    (d) Corps of Engineers procurement


      The Assistant Secretary of the Army for Civil Works, acting


    through the North Pacific Division of the Corps of Engineers, is


    authorized to place orders for goods and services related to


    facilities for electric power generation and fish and wildlife


    mitigation associated with the Federal Columbia River Power System


    with and through the Administrator using the authorities available


    to the Administrator.


    (e) Residential exchange


      Notwithstanding the establishment, confirmation and approval of


    rates pursuant to section 839e of this title, and notwithstanding


    the provisions of section 839c(c) of this title, the cost benefits


    of eligible utilities' total purchase and exchange 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 Administrator to such


    utility for fiscal year 1995.


    (f) Personnel flexibility


      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 separation shall repay the entire amount to the


    Bonneville Power Administration.


    (g) Savings


      Unless superseded by an Act of Congress, the authority provided


    by this section is expressly intended to extend beyond the fiscal


    year.

-SOURCE-


    (Pub. L. 104-46, title V, Sec. 508, Nov. 13, 1995, 109 Stat. 419.)

-COD-


                                CODIFICATION


      Section was enacted as part of the Energy and Water Development


    Appropriations Act, 1996, and not as part of the Bonneville Project


    Act of 1937 which comprises this chapter.

-MISC3-


                VOLUNTARY SEPARATION INCENTIVES TO EMPLOYEES


      Pub. L. 104-206, title V, Sec. 511, Sept. 30, 1996, 110 Stat.


    3004, 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 separation shall repay the entire


    amount to the Bonneville Power Administration. This authority shall


    expire September 30, 2000.''