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-CITE-
16 USC Sec. 838i 01/26/98-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 12G - PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM-HEAD-
Sec. 838i. Bonneville Power Administration fund-STATUTE-
(a) Establishment; composition; availability of transferred funds
for expenditures
There is hereby established in the Treasury of the United States
a Bonneville Power Administration fund (hereinafter referred to as
the ''fund''). The fund shall consist of (1) all receipts,
collections, and recoveries of the Administrator in cash from all
sources, including trust funds, (2) all proceeds derived from the
sale of bonds by the Administrator, (3) any appropriations made by
the Congress for the fund, and (4) the following funds which are
hereby transferred to the Administrator: (i) all moneys in the
special account in the Treasury established pursuant to Executive
Order Numbered 8526 dated August 26, 1940, (ii) the unexpended
balances in the continuing fund established by the provisions of
section 832j of this title, and (iii) the unexpended balances of
funds appropriated or otherwise made available for the Bonneville
Power Administration. All funds transferred hereunder shall be
available for expenditure by the Secretary of Energy, acting by and
through the Administrator, as authorized in this chapter and any
other Act relating to the Federal Columbia River transmission
system, subject to such limitations as may be prescribed by any
applicable appropriation act effective during such period as may
elapse between their transfer and the approval by the Congress of
the first subsequent annual budget program of the Administrator.
(b) Authorized purposes of expenditures
The Administrator may make expenditures from the fund, which
shall have been included in his annual budget submitted to
Congress, without further appropriation and without fiscal year
limitation, but within such specific directives or limitations as
may be included in appropriation acts, for any purpose necessary or
appropriate to carry out the duties imposed upon the Administrator
pursuant to law, including but not limited to -
(1) construction, acquisition, and replacement of (i) the
transmission system, including facilities and structures
appurtenant thereto, and (ii) additions, improvements, and
betterments thereto (hereinafter in this chapter referred to as
''transmission system'');
(2) operation, maintenance, repair, and relocation, to the
extent such relocation is not provided for under subsection (1)
above, of the transmission system;
(3) electrical research, development, experimentation, test,
and investigation related to construction, operation, and
maintenance of transmission systems and facilities;
(4) marketing of electric power;
(5) transmission over facilities of others and rental, lease,
or lease-purchase of facilities;
(6) purchase of electric power (including the entitlement of
electric plant capability) (i) on a short-term basis to meet
temporary deficiencies in electric power which the Administrator
is obligated by contract to supply, or (FOOTNOTE 1) (ii) if such
purchase has been heretofore authorized or is made with funds
expressly appropriated for such purchase by the Congress, (iii)
if to be paid for with funds provided by other entities for such
purpose under a trust or agency arrangement, or (iv) on a short
term basis to meet the Administrator's obligations under section
4(h) of the Pacific Northwest Electric Power Planning and
Conservation Act (16 U.S.C. 839b(h));
(FOOTNOTE 1) So in original. The word ''or'' probably should
not appear.
(7) defraying emergency expenses or insuring continuous
operation;
(8) paying the interest on, premiums, discounts, and expenses,
if any, in connection with the issuance of, and principal of all
bonds issued under section 838k(a) of this title, including
provision for and maintenance of reserve and other funds
established in connection therewith;
(9) making such payments to the credit of the reclamation fund
or other funds as are required by or pursuant to law to be made
into such funds in connection with reclamation projects in the
Pacific Northwest: Provided, That this clause shall not be
construed as permitting the use of revenues for repayment of
costs allocated to irrigation at any project except as otherwise
expressly authorized by law;
(10) making payments to the credit of miscellaneous receipts of
the Treasury for all unpaid costs required by or pursuant to law
to be charged to and returned to the general fund of the Treasury
for the repayment of the Federal investment in the Federal
Columbia River Power System from electric power marketed by the
Administrator;
(11) acquiring such goods and services, and paying dues and
membership fees in such professional, utility, industry, and
other societies, associations, and institutes, together with
expenses related to such memberships, including but not limited
to the acquisitions and payments set forth in the general
provisions of the annual appropriations Act for the Department of
Energy, as the Administrator determines to be necessary or
appropriate in carrying out the purposes of this chapter; and
(12) making such payments, as shall be required to carry out
the purposes and provisions of the Pacific Northwest Electric
Power Planning and Conservation Act (16 U.S.C. 839 et seq.).
(c) Restriction on use of expenditures to authorized purposes;
expenditures of moneys received in trust; applicability of
provisions relating to control of Government corporations
Moneys heretofore or hereafter appropriated shall be used only
for the purposes for which appropriated, and moneys received by the
Administrator in trust shall be used only for carrying out such
trust. The provisions of chapter 91 of title 31 shall be
applicable to the Administrator in the same manner as they are
applied to the wholly owned Government corporations named in
section 9101 of title 31, but nothing in section 9105(d) (FOOTNOTE
2) of title 31 shall be construed as affecting the powers granted
in subsection (b)(11) of this section and in sections 832a(f),
832i(b), and 832k(a) of this title.
(FOOTNOTE 2) See References in Text note below.
(d) Audit of financial transactions by Comptroller General; report
to Congress
Notwithstanding the provisions of sections 9105 and 9106 of title
31, the financial transactions of the Administrator shall be
audited by the Comptroller General at such times and to such extent
as the Comptroller General deems necessary, and reports of the
results of each such audit shall be made to the Congress within 6
1/2 months following the end of the fiscal year covered by the
audit.-SOURCE-
(Pub. L. 93-454, Sec. 11, Oct. 18, 1974, 88 Stat. 1378; Pub. L.
95-91, title III, Sec. 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578;
Pub. L. 96-501, Sec. 8(a), (b), Dec. 5, 1980, 94 Stat. 2728.)-REFTEXT-
REFERENCES IN TEXT
Executive Order Numbered 8526 dated August 26, 1940, referred to
in subsec. (a), is not classified to the Code.
The Pacific Northwest Electric Power Planning and Conservation
Act, referred to in subsec. (b)(12), is Pub. L. 96-501, Dec. 5,
1980, 94 Stat. 2697, which is classified principally to chapter 12H
(Sec. 839 et seq.) of this title. For complete classification of
this Act to the Code, see Short Title note set out under section
839 of this title and Tables.
Section 9105 of title 31, referred to in subsec. (c), was amended
generally by Pub. L. 101-576, title III, Sec. 305, Nov. 15, 1990,
104 Stat. 2853, and, as so amended, does not contain a subsec. (d).-COD-
CODIFICATION
In subsec. (c), ''chapter 91 of title 31'', ''section 9101 of
title 31'', and ''section 9105(d) of title 31'' substituted for
''the Government Corporation Control Act (31 U.S.C. 841 et seq.)'',
''section 101 of such Act (31 U.S.C. 846)'', and ''the proviso in
section 850 of title 31, United States Code,'', respectively, on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
In subsec. (d), ''sections 9105 and 9106 of title 31''
substituted for ''sections 105 and 106 of the Government
Corporation Control Act (31 U.S.C. 850, 851)'' on authority of Pub.
L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31.-MISC3-
AMENDMENTS
1980 - Subsec. (b)(6)(iv). Pub. L. 96-501, Sec. 8(a), added cl.
(iv).
Subsec. (b)(12). Pub. L. 96-501, Sec. 8(b), added par. (12).
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section
11 of Pub. L. 96-501, set out as an Effective Date note under
section 839 of this title.-TRANS-
TRANSFER OF FUNCTIONS
''Secretary of Energy'' substituted for ''Secretary of the
Interior'' in subsec. (a) and ''Department of Energy'' substituted
for ''Department of Interior'' in subsec. (b)(11) pursuant to Pub.
L. 95-91, Sec. 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 Secretary 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.-MISC5-
AUTHORITY TO INCUR OBLIGATIONS IN EXCESS OF BORROWING AUTHORITY AND
CASH IN FUND
Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 869,
provided that: ''Without fiscal year limitation, the Bonneville
Power Administration continues to be authorized to incur
obligations for authorized purposes and may do so in excess of
borrowing authority and cash in the Bonneville Power Administration
Fund.''-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 838g, 838k, 839a, 839b,
839d, 839e of this title.