US (United States) Code. Title 16. Chapter 12A: Tennessee Valley Authority

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 82 páginas
publicidad
publicidad

-CITE-

16 USC CHAPTER 12A - TENNESSEE VALLEY AUTHORITY 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

.

-HEAD-

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-MISC1-

Sec.

831. Creation; short title.

831a. Directors of the Authority.

(a) Composition of board; appointment and

designation.

(b) Terms of office; successors.

(c) Vacancies.

(d) Quorums.

(e) Citizenship; compensation; Government housing;

reimbursement for expenses; outside business.

(f) Conflicts of interest.

(g) Function of board.

(h) Confidence in the Authority.

831b. Officers and employees; wages of laborers and mechanics;

application of employees' compensation provisions.

831b-1. Acceptance of services of volunteers.

831c. Corporate powers generally; eminent domain; construction of

dams, transmission lines, etc.

831c-1. Bridges endangered or damaged by dams, etc.; compensation

of and contracts with owner for protection, replacements, etc.

(a) Structures on Tennessee River or tributaries.

(b) Suit on contracts.

831c-2. Civil actions for injury or loss of property or personal

injury or death.

(a) Exclusiveness of remedy.

(b) Representation and removal.

831c-3. Law enforcement.

(a) Designation of law enforcement agents.

(b) Duties and powers.

(c) Area of jurisdiction.

(d) Federal investigative jurisdiction and State

civil and criminal jurisdiction not preempted.

(e) Determination of adjoining areas.

(f) Qualifications and training.

(g) Relation to other law.

(h) Relationship with Attorney General.

831d. Directors; maintenance and operation of plant for production,

sale, and distribution of fertilizer and power.

831e. Officers and employees; nonpolitical appointment; removal for

violation.

831f. Control of plants and property vested in Corporation;

transfer of other property to Corporation.

831g. Principal office of Corporation; books; directors' oath.

(a) Location.

(b) Account books.

(c) Oath of office.

831h. Annual financial statement; purchases and contracts; audit by

Comptroller General.

(a) Financial statement and report.

(b) Bids; audits; settlements; accounts; contracts.

831h-1. Operation of dams primarily for promotion of navigation and

controlling floods; generation and sale of electricity.

831h-2. Repealed.

831i. Sale of surplus power; preferences; experimental work;

acquisition of existing electric facilities.

831j. Equitable distribution of surplus power among States and

municipalities; improvement in production of fertilizer.

831k. Transmission lines; construction or lease; sale of power over

other than Government lines; rates when sold for resale at

profit.

831k-1. Extension of credit to States, municipalities and nonprofit

organizations to assist in operation of existing facilities.

831l. Financial assistance to States and local governments in lieu

of taxation; apportionment; limitation on contracts for sale of

power to municipalities; report to Congress.

831m. Allocation and charge of value and cost of plants to

particular objects; cost accounting; reports of costs of

operation; sale of surplus power at profit.

831m-1. Tennessee Valley Authority least-cost planning program.

(a) In general.

(b) Conduct of program.

(c) Participation by distributors.

(d) Public review and comment.

(e) Exemption from certain requirements.

831n. Bonds for future construction; amount, terms, and conditions.

831n-1. Bonds to carry out provisions of section 831k-1; amount,

terms, and conditions.

831n-2. Bonds; limitation of issuance under sections 831n and

831n-1.

831n-3. Use of funds; limitation of issuance.

831n-4. Bonds for financing power program.

(a) Authorization; amount; use of proceeds;

restriction on contracts for sale or delivery

of power; exchange power arrangements; payment

of principal and interest; bond contracts.

(b) Bonds not obligations of or guaranteed by United

States; apportionment of proceeds.

(c) Sale; terms and conditions; method; limitation on

amount; statement in annual report.

(d) Lawful investment; exemption from taxation.

(e) Payment of excess power proceeds into Treasury;

deferral.

(f) Rates for sale of power; application of net

proceeds.

(g) Power property; lease and lease-purchase

agreements.

(h) Congressional declaration of intent.

831o. Completion of unfinished plants authorized.

831p. Repealed.

831q. Eminent domain; contracts for relocation of railroads,

highways, industrial plants, etc.

831r. Patents; access to Patent and Trademark Office and right to

copy patents; compensation to patentees.

831s. Possession by Government in time of war; damages to contract

holders.

831t. Offenses; fines and punishment.

(a) Larceny, embezzlement and conversion.

(b) False entry, report or statement.

(c) Conspiracy to defraud.

831u. Surveys; cooperation with States or other agencies.

831v. Legislation to carry out purposes of chapter; recommendation

by President.

831w. Acquisition of real or personal property; payment by delivery

of power; sale or lease of vacant land for industrial purposes.

831x. Condemnation proceedings; institution by Corporation; venue.

831y. Net proceeds over expense payable into Treasury.

831y-1. Approval of plans by Board as condition precedent to

construction and operation; restraining action without approval;

other laws unaffected.

831z. Authorization of appropriations.

831aa. Laws repealed.

831bb. Reservation of right to amend or repeal.

831cc. Separability.

831dd. Liberal construction of chapter; sale of surplus lands.

831ee. Tennessee Valley Authority.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 460lll-49, 824k, 831ee of

this title; title 7 section 904; title 20 section 7702; title 28

section 1491; title 33 sections 558b, 558c.

-CITE-

16 USC Sec. 831 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831. Creation; short title

-STATUTE-

For the purpose of maintaining and operating the properties now

owned by the United States in the vicinity of Muscle Shoals,

Alabama, in the interest of the National defense and for

agricultural and industrial development, and to improve navigation

in the Tennessee River and to control the destructive flood waters

in the Tennessee River and Mississippi River Basins, there is

created a body corporate by the name of the ''Tennessee Valley

Authority'' (hereinafter referred to as the ''Corporation''). The

board of directors first appointed shall be deemed the

incorporators, and the incorporation shall be held to have been

effected from the date of the first meeting of the board. This

chapter may be cited as the ''Tennessee Valley Authority Act of

1933.''

-SOURCE-

(May 18, 1933, ch. 32, Sec. 1, 48 Stat. 58.)

-CITE-

16 USC Sec. 831a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831a. Directors of the Authority

-STATUTE-

(a) Composition of board; appointment and designation

The board of directors of the Corporation (hereinafter referred

to as the ''board'') shall be composed of three members, to be

appointed by the President, by and with the advice and consent of

the Senate. In appointing the members of the board, the President

shall designate the chairman. All other officials, agents, and

employees shall be designated and selected by the board.

(b) Terms of office; successors

The terms of office of the members first taking office after May

18, 1933, shall expire as designated by the President at the time

of nomination, one at the end of the third year, one at the end of

the sixth year, and one at the end of the ninth year, after May 18,

1933. A successor to a member of the board shall be appointed in

the same manner as the original members and shall have a term of

office expiring nine years from the date of the expiration of the

term for which his predecessor was appointed.

(c) Vacancies

Any member appointed to fill a vacancy in the board occurring

prior to the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term.

(d) Quorums

Vacancies in the board, so long as there shall be two members in

office, shall not impair the powers of the board to execute the

functions of the Corporation, and two of the members in office

shall constitute a quorum for the transaction of the business of

the board.

(e) Citizenship; compensation; Government housing; reimbursement

for expenses; outside business

Each of the members of the board shall be a citizen of the United

States. The compensation of each member of the board shall be paid

by the Corporation as current expenses. Each member of the board,

in addition to his salary, shall be permitted to occupy as his

residence one of the dwelling houses owned by the Government in the

vicinity of Muscle Shoals, Alabama, the same to be designated by

the President of the United States. Members of the board shall be

reimbursed by the Corporation for actual expenses (including

traveling and subsistence expenses) incurred by them in the

performance of the duties vested in the board by this chapter. No

member of said board shall, during his continuance in office, be

engaged in any other business, but each member shall devote himself

to the work of the Corporation.

(f) Conflicts of interest

No director shall have financial interest in any public-utility

corporation engaged in the business of distributing and selling

power to the public nor in any corporation engaged in the

manufacture, selling, or distribution of fixed nitrogen or

fertilizer, or any ingredients thereof, nor shall any member have

any interest in any business that may be adversely affected by the

success of the Corporation as a producer of concentrated

fertilizers or as a producer of electric power.

(g) Function of board

The board shall direct the exercise of all the powers of the

Corporation.

(h) Confidence in the Authority

All members of the board shall be persons who profess a belief in

the feasibility and wisdom of this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 2, 48 Stat. 59.)

-COD-

CODIFICATION

Provisions covering the compensation of members of the board have

been omitted as compensation of the Chairman and members of the

board is covered by sections 5314 and 5315 of Title 5, Government

Organization and Employees.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to

Board of Directors of Tennessee Valley Authority, see Parts 1, 2,

and 24 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out

as a note under section 5195 of Title 42, The Public Health and

Welfare.

-CITE-

16 USC Sec. 831b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831b. Officers and employees; wages of laborers and mechanics;

application of employees' compensation provisions

-STATUTE-

The board shall without regard to the provisions of Civil Service

laws applicable to officers and employees of the United States,

appoint such managers, assistant managers, officers, employees,

attorneys, and agents as are necessary for the transaction of its

business, fix their compensation, define their duties, and provide

a system of organization to fix responsibility and promote

efficiency. Any appointee of the board may be removed in the

discretion of the board. No regular officer or employee of the

Corporation shall receive a salary in excess of that received by

the members of the board.

All contracts to which the Corporation is a party and which

require the employment of laborers and mechanics in the

construction, alteration, maintenance, or repair of buildings,

dams, locks, or other projects shall contain a provision that not

less than the prevailing rate of wages for work of a similar nature

prevailing in the vicinity shall be paid to such laborers or

mechanics.

In the event any dispute arises as to what are the prevailing

rates of wages, the question shall be referred to the Secretary of

Labor for determination, and his decision shall be final. In the

determination of such prevailing rate or rates, due regard shall be

given to those rates which have been secured through collective

agreement by representatives of employers and employees.

Where such work as is described in the two preceding paragraphs

is done directly by the Corporation the prevailing rate of wages

shall be paid in the same manner as though such work had been let

by contract.

Insofar as applicable, the benefits of subchapter I of chapter 81

of title 5 shall extend to persons given employment under the

provisions of this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 3, 48 Stat. 59; Pub. L. 92-310, title

II, Sec. 225(a), June 6, 1972, 86 Stat. 206.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Service laws, referred to in text, are set forth in

Title 5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5. Offices and positions in the

Tennessee Valley Authority were specifically excepted from the

provisions of the Ramspeck Act (act Nov. 26, 1940, ch. 919, title

I, Sec. 1, 54 Stat. 1211), which authorized the President to cover

into the classified (competitive) civil service any offices or

positions in the executive branch.

-COD-

CODIFICATION

In the last par., ''subchapter I of chapter 81 of title 5''

substituted for ''the Act entitled 'An Act to provide compensation

for employees of the United States suffering injuries while in the

performance of their duties, and for other purposes,' approved

September 7, 1916, as amended'' on authority of Pub. L. 89-554,

Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

-MISC3-

AMENDMENTS

1972 - Pub. L. 92-310 struck out provisions which permitted the

board to require bonds from managers, assistant managers, officers,

employees, attorneys, and agents.

PAYMENT OF PHYSICIANS ALLOWANCES

Pub. L. 102-377, title IV, Oct. 2, 1992, 106 Stat. 1342,

provided: ''That this appropriation and other moneys available to

the Tennessee Valley Authority may be used hereafter for payment of

the allowances authorized by section 5948 of title 5, United States

Code''.

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-104, title IV, Aug. 17, 1991, 105 Stat. 535.

Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2097.

Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 665.

Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 873.

Pub. L. 100-202, Sec. 101(d) (title IV), Dec. 22, 1987, 101 Stat.

1329-104, 1329-129.

Pub. L. 99-500, Sec. 101(e) (title IV), Oct. 18, 1986, 100 Stat.

1783-194, 1783-212, and Pub. L. 99-591, Sec. 101(e) (title IV),

Oct. 30, 1986, 100 Stat. 3341-194, 3341-212.

LEGAL REPRESENTATION

Customs Courts Act of 1980 as not affecting authority of

Tennessee Valley Authority under this chapter to represent itself

by attorneys of its choosing, see Pub. L. 96-417, title VII, Sec.

705, Oct. 10, 1980, 94 Stat. 1748, set out as a note under section

251 of Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 5373, 5948; title

18 section 205.

-CITE-

16 USC Sec. 831b-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831b-1. Acceptance of services of volunteers

-STATUTE-

The Tennessee Valley Authority may on and after September 29,

1989, accept the services of volunteers and, from any funds

available to it, provide for their incidental expenses to carry out

any activity of the Tennessee Valley Authority except policymaking

or law or regulatory enforcement. Such volunteers shall not be

deemed employees of the United States Government, except for the

purposes of chapter 81 of title 5 relating to compensation for work

injuries, and shall not be deemed employees of the Tennessee Valley

Authority except for the purposes of tort claims to the same extent

as a regular employee of the Tennessee Valley Authority would be

under identical circumstances.

-SOURCE-

(Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 665.)

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1990, and not as part of the Tennessee Valley

Authority Act of 1933 which comprises this chapter.

-CITE-

16 USC Sec. 831c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831c. Corporate powers generally; eminent domain; construction

of dams, transmission lines, etc.

-STATUTE-

Except as otherwise specifically provided in this chapter, the

Corporation -

(a) Shall have succession in its corporate name.

(b) May sue and be sued in its corporate name.

(c) May adopt and use a corporate seal, which shall be judicially

noticed.

(d) May make contracts, as herein authorized.

(e) May adopt, amend, and repeal bylaws.

(f) May purchase or lease and hold such real and personal

property as it deems necessary or convenient in the transaction of

its business, and may dispose of any such personal property held by

it.

The board shall select a treasurer and as many assistant

treasurers as it deems proper: Provided, That any member of said

board may be removed from office at any time by a concurrent

resolution of the Senate and the House of Representatives.

(g) Shall have such powers as may be necessary or appropriate for

the exercise of the powers herein specifically conferred upon the

Corporation.

(h) Shall have power in the name of the United States of America

to exercise the right of eminent domain, and in the purchase of any

real estate or the acquisition of real estate by condemnation

proceedings, the title to such real estate shall be taken in the

name of the United States of America, and thereupon all such real

estate shall be entrusted to the Corporation as the agent of the

United States to accomplish the purposes of this chapter.

(i) Shall have power to acquire real estate for the construction

of dams, reservoirs, transmission lines, power houses, and other

structures, and navigation projects at any point along the

Tennessee River, or any of its tributaries, and in the event that

the owner or owners of such property shall fail and refuse to sell

to the Corporation at a price deemed fair and reasonable by the

board, then the Corporation may proceed to exercise the right of

eminent domain, and to condemn all property that it deems necessary

for carrying out the purposes of this chapter, and all such

condemnation proceedings shall be had pursuant to the provisions

and requirements hereinafter specified, with reference to any and

all condemnation proceedings: Provided, That nothing contained

herein or elsewhere in this chapter shall be construed to deprive

the Corporation of the rights conferred by sections 3114, 3115, and

3118 of title 40.

(j) Shall have power to construct such dams, and reservoirs, in

the Tennessee River and its tributaries, as in conjunction with

Wilson Dam, and Norris, Wheeler, and Pickwick Landing Dams, now

under construction, will provide a nine-foot channel in the said

river and maintain a water supply for the same, from Knoxville to

its mouth, and will best serve to promote navigation on the

Tennessee River and its tributaries and control destructive flood

waters in the Tennessee and Mississippi River drainage basins; and

shall have power to acquire or construct power houses, power

structures, transmission lines, navigation projects, and incidental

works in the Tennessee River and its tributaries, and to unite the

various power installations into one or more systems by

transmission lines.

(k) Shall have power in the name of the United States -

(a) to convey by deed, lease, or otherwise, any real property

in the possession of or under the control of the Corporation to

any person or persons, for the purpose of recreation or use as a

summer residence, or for the operation on such premises of

pleasure resorts for boating, fishing, bathing, or any similar

purpose;

(b) to convey by deed, lease, or otherwise, the possession and

control of any such real property to any corporation,

partnership, person, or persons for the purpose of erecting

thereon docks and buildings for shipping purposes or the

manufacture or storage thereon of products for the purpose of

trading or shipping in transportation: Provided, That no transfer

authorized herein in (b) shall be made without the approval of

Congress: And provided further, That said corporation, without

further action of Congress, shall have power to convey by deed,

lease, or otherwise, to the Ingalls Shipbuilding Corporation, a

tract or tracts of land at or near Decatur, Alabama, and to the

Commercial Barge Lines, Inc., a tract or tracts of land at or

near Guntersville, Alabama;

(c) to transfer any part of the possession and control of the

real estate now in possession of and under the control of said

Corporation to any other department, agency, or instrumentality

of the United States: Provided, however, That no land shall be

conveyed, leased, or transferred, upon which there is located any

permanent dam, hydroelectric power plant, or munitions plant

heretofore or hereafter built by or for the United States or for

the Authority, except that this prohibition shall not apply to

the transfer of Nitrate Plant Numbered 1, at Muscle Shoals,

Alabama, or to Waco Quarry: And provided further, That no

transfer authorized herein in (a) or (c) except leases for terms

of less than twenty years, shall be made without the approval of

the President of the United States, if the property to be

conveyed exceeds $500 in value; and

(d) to convey by warranty deed, or otherwise, lands, easements,

and rights-of-way to States, counties, municipalities, school

districts, railroad companies, telephone, telegraph, water, and

power companies, where any such conveyance is necessary in order

to replace any such lands, easements, or rights-of-way to be

flooded or destroyed as the result of the construction of any dam

or reservoir now under construction by the Corporation, or

subsequently authorized by Congress, and easements and

rights-of-way upon which are located transmission or distribution

lines. The Corporation shall also have power to convey or lease

Nitrate Plant Numbered 1, at Muscle Shoals, Alabama, and Waco

Quarry, with the approval of the Department of the Army and the

President.

(l) Shall have power to advise and cooperate in the readjustment

of the population displaced by the construction of dams, the

acquisition of reservoir areas, the protection of watersheds, the

acquisition of rights-of-way, and other necessary acquisitions of

land, in order to effectuate the purposes of the chapter; and may

cooperate with Federal, State, and local agencies to that end.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 4, 48 Stat. 60; Aug. 31, 1935, ch. 836,

Sec. 1-3, 13, 49 Stat. 1075, 1076, 1080; July 18, 1941, ch. 309, 55

Stat. 599; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat.

501; Pub. L. 92-310, title II, Sec. 225(b), June 6, 1972, 86 Stat.

206.)

-COD-

CODIFICATION

''Sections 3114, 3115, and 3118 of title 40'' substituted in

subsec. (i) for ''the Act of February 26, 1931 (46 Stat. 1422, ch.

307, secs. 1 to 5, inclusive), as now compiled in section 258a to

258e, inclusive, of Title 40 of the United States Code'' on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

Subsec. (j), last sentence, directed the directors of the

Authority to report their recommendations to Congress not later

than April 1, 1936, and has been omitted as executed.

-MISC3-

AMENDMENTS

1972 - Subsec. (f). Pub. L. 92-310 struck out provisions which

required the treasurer and assistant treasurers to give bonds for

the safekeeping of securities and moneys of the Corporation.

1941 - Subsec. (k). Act July 18, 1941, amended subsec. (k)

generally.

1935 - Subsec. (i). Act Aug. 31, 1935, Sec. 1, inserted proviso.

Subsec. (j). Act Aug. 31, 1935, Sec. 2, amended subsec. (j)

generally.

Subsec. (k). Act Aug. 31, 1935, Sec. 3, added subsec. (k).

Subsec. (l). Act Aug. 31, 1935, Sec. 13, added subsec. (l).

-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.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsec. (k) of this section to

approve transfers under subsecs. (a) and (c) of this section, other

than leases for terms of less than 20 years and conveyances of

property having a value not in excess of $500, delegated to

Administrator of General Services, see section 1(16) of Ex. Ord.

No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under

section 301 of Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 831c-2 of this title.

-CITE-

16 USC Sec. 831c-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831c-1. Bridges endangered or damaged by dams, etc.;

compensation of and contracts with owner for protection,

replacement, etc.

-STATUTE-

(a) Structures on Tennessee River or tributaries

Whenever, as the result of the construction of any dam,

reservoir, or other improvement under the provisions of this

chapter, or amendments thereto, including any improvement of the

navigable channel to accommodate the growth of navigation or

changes in navigation requirements within the reservoir created by

any dam in the custody of the Tennessee Valley Authority, any

bridge, trestle, or other highway or railroad structure located

over, upon, or across the Tennessee River or any of its navigable

tributaries, including approaches, fenders and appurtenances

thereto, is endangered or otherwise adversely affected and damaged,

including any interference with or impairment of its use, or, in

the judgment of the Board of Directors of the Tennessee Valley

Authority, needs to be raised, widened, or otherwise altered to

provide the navigation clearances required for completion of the

navigable channel to be provided by such improvement, to the extent

that protection, alteration, reconstruction, relocation, or

replacement is necessary or proper to preserve its safety or

utility or to meet the requirements of navigation or flood control,

or both, the owner or owners of such bridge, trestle, or structure

shall be compensated by the Tennessee Valley Authority in the sum

of the reasonable actual cost of such protection, alteration,

reconstruction, relocation, or replacement: Provided, That in

arriving at the amount of such compensation the bridge owner shall

be charged with a sum which shall equal the net value to the owner

of any direct and special benefits accruing to the owner from any

improvement or addition or betterment of the altered,

reconstructed, relocated, or replaced bridge, trestle, or

structure. The Tennessee Valley Authority is empowered to contract

with such owner with respect to any such protection, alteration,

reconstruction, relocation, or replacement, the payment of the cost

thereof and its proper division, which contract may provide either

for money compensation or for the performance of all or any part of

the work by the Tennessee Valley Authority.

(b) Suit on contracts

In the event of a failure to agree upon the terms and conditions

of any such contract, or upon any default in the performance of any

contract entered into pursuant to this section, the bridge owner or

the Tennessee Valley Authority shall have the right to bring suit

to enforce its right or for a declaration of its rights under this

section, or under any such contract, in the district court of the

United States for the district in which the property in question is

located. In any such proceeding the court shall apportion the

total cost of the work between the Tennessee Valley Authority and

the owner in accord with the provisions contained in this section.

The Tennessee Valley Authority's share of the cost of any such

protection, alteration, reconstruction, relocation, or replacement,

under any contract made or judgment, award, or decree rendered

under the provisions of this section may be paid out of any funds

available for carrying out the provisions of this chapter, and

appropriations for that purpose are hereby authorized: Provided,

That, prior to such alteration, reconstruction, or relocation of

said bridges, the location and plans shall be submitted to and

approved by the Secretary of Transportation in accordance with

existing laws.

-SOURCE-

(Nov. 21, 1941, ch. 480, 55 Stat. 773; Pub. L. 90-524, Sept. 26,

1968, 82 Stat. 876.)

-COD-

CODIFICATION

Section was not enacted as part of the Tennessee Valley Authority

Act which comprises this chapter.

-MISC3-

AMENDMENTS

1968 - Pub. L. 90-524 permitted the Authority to use appropriated

funds to cover the Federal share of the cost of necessary bridge

alterations where the alterations are obtained by agreement with

the bridge owner, made this section applicable to alterations

required by new reservoir projects and by realignment or other

changes of the navigation channel to accommodate the growth of

traffic or changes in navigation requirements within existing

reservoirs, and substituted the Secretary of Transportation for the

Chief of Engineers and the Secretary of the Army as the approving

official.

-CITE-

16 USC Sec. 831c-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831c-2. Civil actions for injury or loss of property or

personal injury or death

-STATUTE-

(a) Exclusiveness of remedy

(1) An action against the Tennessee Valley Authority for injury

or loss of property, or personal injury or death arising or

resulting from the negligent or wrongful act or omission of any

employee of the Tennessee Valley Authority while acting within the

scope of this office or employment is exlusive (FOOTNOTE 1) of any

other civil action or proceeding by reason of the same subject

matter against the employee or his estate whose act or omission

gave rise to the claim. Any other civil action or proceeding

arising out of or relating to the same subject matter against the

employee or his estate is precluded without regard to when the act

or omission occurred.

(FOOTNOTE 1) So in original. Probably should be ''exclusive''.

(2) Paragraph (1) does not extend or apply to a cognizable action

against an employee of the Tennessee Valley Authority for money

damages for a violation of the Constitution of the United States.

(b) Representation and removal

(1) Upon certification by the Tennessee Valley Authority that the

defendant employee was acting within the scope of his office or

employment at the time of the incident out of which the claim

arose, any civil action or proceeding heretofore or hereafter

commenced upon such claim in a United States district court shall

be deemed an action against the Tennessee Valley Authority pursuant

to 16 U.S.C. 831c(b) and the Tennessee Valley Authority shall be

substituted as the party defendant.

(2) Upon certification by the Tennessee Valley Authority that the

defendant employee was acting within the scope of his office or

employment at the time of the incident out of which the claim

arose, any civil action or proceeding commenced upon such claim in

a State court shall be removed without bond at any time before

trial by the Tennessee Valley Authority to the district court of

the United States for the district and division embracing the place

wherein it is pending. Such action shall be deemed an action

brought against the Tennessee Valley Authority under the provisions

of this title (FOOTNOTE 2) and all references thereto, and the

Tennessee Valley Authority shall be substituted as the party

defendant. This certification of the Tennessee Valley Authority

shall conclusively establish scope of office or employment for

purposes of removal.

(FOOTNOTE 2) See References in Text note below.

(3) In the event that the Tennessee Valley Authority has refused

to certify scope of office or employment under this section, the

employee may at any time before trial petition the court to find

and certify that the employee was acting within the scope of his

office or employment. Upon such certification by the court, such

action shall be deemed an action brought against the Tennessee

Valley Authority, and the Tennessee Valley Authority shall be

substituted as the party defendant. A copy of the petition shall

be served upon the Tennessee Valley Authority in accordance with

the Federal Rules of Civil Procedure. In the event the petition is

filed in a civil action or proceeding pending in a State court, the

action or proceeding may be removed without bond by the Tennessee

Valley Authority to the district court of the United States for the

district and division embracing the place in which it is pending.

If, in considering the petition, the district court determines that

the employee was not acting within the scope of his office or

employment, the action or proceeding shall be remanded to the State

court.

(4) Upon certification, any actions subject to paragraph (1),

(2), or (3) shall proceed in the same manner as any action against

the Tennessee Valley Authority and shall be subject to the

limitations and exceptions applicable to those actions.

-SOURCE-

(Pub. L. 100-694, Sec. 9(a), (b), Nov. 18, 1988, 102 Stat. 4566.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (b)(2), probably should be

this section, as Pub. L. 100-694, which enacted this section, did

not contain titles.

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(3), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-COD-

CODIFICATION

Section was enacted as part of the Federal Employees Liability

Reform and Tort Compensation Act of 1988, and not as part of the

Tennessee Valley Authority Act of 1933, which comprises this

chapter.

-MISC3-

EFFECTIVE DATE

Section effective Nov. 18, 1988, and applicable to all claims,

civil actions, and proceedings pending on, or filed on or after

Nov. 18, 1988, see section 8 of Pub. L. 100-694, set out as an

Effective Date of 1988 Amendment note under section 2679 of Title

28, Judiciary and Judicial Procedure.

-CITE-

16 USC Sec. 831c-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831c-3. Law enforcement

-STATUTE-

(a) Designation of law enforcement agents

The Board may designate employees of the corporation to act as

law enforcement agents in the area of jurisdiction described in

subsection (c) of this section.

(b) Duties and powers

(1) Duties

A law enforcement agent designated under subsection (a) of this

section shall maintain law and order and protect persons and

property in the area of jurisdiction described in subsection (c)

of this section and protect property and officials and employees

of the corporation outside that area.

(2) Powers

In the performance of duties described in paragraph (1), a law

enforcement agent designated under subsection (a) of this section

may -

(A) make arrests without warrant for any offense against the

United States committed in the agent's presence, or for any

felony cognizable under the laws of the United States if the

agent has probable cause to believe that the person to be

arrested has committed or is committing such a felony;

(B) execute any warrant or other process issued by a court or

officer of competent jurisdiction for the enforcement of any

Federal law or regulation issued pursuant to law in connection

with the investigation of an offense described in subparagraph

(A);

(C) conduct an investigation of an offense described in

subparagraph (A) in the absence of investigation of the offense

by any Federal law enforcement agency having investigative

jurisdiction over the offense or with the concurrence of that

agency; and

(D) carry firearms in carrying out any activity described in

subparagraph (A), (B), or (C).

(c) Area of jurisdiction

A law enforcement agent designated under subsection (a) of this

section shall be authorized to exercise the law enforcement duties

and powers described in subsection (b) of this section -

(1) on any lands or facilities owned or leased by the

corporation or within such adjoining areas in the vicinities of

such lands or facilities as may be determined by the board under

subsection (e) of this section; and

(2) on other lands or facilities -

(A) when the person to be arrested is in the process of

fleeing from such lands, facilities, or adjoining areas to

avoid arrest;

(B) in conjunction with the protection of property or

officials or employees of the corporation on or within lands or

facilities other than those owned or leased by the corporation;

or

(C) in cooperation with other Federal, State, or local law

enforcement agencies.

(d) Federal investigative jurisdiction and State civil and criminal

jurisdiction not preempted

Nothing in this section shall be construed to -

(1) limit or restrict the investigative jurisdiction of any

Federal law enforcement agency; or

(2) affect any right of a State or a political subdivision

thereof to exercise civil and criminal jurisdiction on or within

lands or facilities owned or leased by the corporation.

(e) Determination of adjoining areas

(1) In general

The board shall determine and may from time-to-time modify the

adjoining areas for each facility or particular area of land, or

for individual categories of such facilities or lands, for the

purposes of subsection (c)(1) of this section.

(2) Notice

A notice and description of each adjoining area determination

or modification of a determination made under paragraph (1) shall

be published in the Federal Register.

(f) Qualifications and training

The board, in consultation with the Attorney General, shall adopt

qualification and training standards for law enforcement agents

designated under subsection (a) of this section.

(g) Relation to other law

A law enforcement agent designated under subsection (a) of this

section shall not be considered to be a law enforcement officer of

the United States for the purposes of any other law, and no law

enforcement agent designated under subsection (a) of this section

or other employee of the corporation shall receive an increase in

compensation solely on account of this section.

(h) Relationship with Attorney General

The duties and powers of law enforcement agents designated under

subsection (a) of this section that are described in subsection (b)

of this section shall be exercised in accordance with guidelines

approved by the Attorney General.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 4A, as added Pub. L. 103-322, title

XXXII, Sec. 320929, Sept. 13, 1994, 108 Stat. 2133.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 460lll of this title.

-CITE-

16 USC Sec. 831d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831d. Directors; maintenance and operation of plant for

production, sale, and distribution of fertilizer and power

-STATUTE-

The board is authorized -

(a) To contract with commercial producers for the production of

such fertilizers or fertilizer materials as may be needed in the

Government's program of development and introduction in excess of

that produced by Government plants. Such contracts may provide

either for outright purchase of materials by the board or only for

the payment of carrying charges on special materials manufactured

at the board's request for its program.

(b) To arrange with farmers and farm organizations for

large-scale practical use of the new forms of fertilizers under

conditions permitting an accurate measure of the economic return

they produce.

(c) To cooperate with National, State, district, or county

experimental stations or demonstration farms, with farmers,

landowners, and associations of farmers or landowners, for the use

of new forms of fertilizer or fertilizer practices during the

initial or experimental period of their introduction, and for

promoting the prevention of soil erosion by the use of fertilizers

and otherwise.

(d) The board, in order to improve and cheapen the production of

fertilizer, is authorized to manufacture and sell fixed nitrogen,

fertilizer, and fertilizer ingredients at Muscle Shoals by the

employment of existing facilities, by modernizing existing plants,

or by any other process or processes that in its judgment shall

appear wise and profitable for the fixation of atmospheric nitrogen

or the cheapening of the production of fertilizer.

(e) Under the authority of this chapter the board may make

donations or sales of the product of the plant or plants operated

by it to be fairly and equitably distributed through the agency of

county demonstration agents, agricultural colleges, or otherwise as

the board may direct, for experimentation, education, and

introduction of the use of such products in cooperation with

practical farmers so as to obtain information as to the value,

effect, and best methods of their use.

(f) The board is authorized to make alterations, modifications,

or improvements in existing plants and facilities, and to construct

new plants.

(g) In the event it is not used for the fixation of nitrogen for

agricultural purposes or leased, then the board shall maintain in

stand-by condition nitrate plant numbered 2, or its equivalent, for

the fixation of atmospheric nitrogen, for the production of

explosives in the event of war or a national emergency, until the

Congress shall by joint resolution release the board from this

obligation, and if any part thereof be used by the board for the

manufacture of phosphoric acid or potash, the balance of nitrate

plant numbered 2 shall be kept in stand-by condition.

(h) To establish, maintain, and operate laboratories and

experimental plants, and to undertake experiments for the purpose

of enabling the Corporation to furnish nitrogen products for

military purposes, and nitrogen and other fertilizer products for

agricultural purposes in the most economical manner and at the

highest standard of efficiency.

(i) To request the assistance and advice of any officer, agent,

or employee of any executive department or of any independent

office of the United States, to enable the Corporation the better

to carry out its powers successfully, and as far as practicable

shall utilize the services of such officers, agents, and employees,

and the President shall, if in his opinion the public interest,

service, or economy so require, direct that such assistance,

advice, and service be rendered to the Corporation, and any

individual that may be by the President directed to render such

assistance, advice, and service shall be thereafter subject to the

orders, rules, and regulations of the board: Provided, That any

invention or discovery made by virtue of and incidental to such

service by an employee of the Government of the United States

serving under this section, or by any employee of the Corporation,

together with any patents which may be granted thereon, shall be

the sole and exclusive property of the Corporation, which is

authorized to grant such licenses thereunder as shall be authorized

by the board: Provided further, That the board may pay to such

inventor such sum from the income from sale of licenses as it may

deem proper.

(j) Upon the requisition of the Secretary of the Army or the

Secretary of the Navy to manufacture for and sell at cost to the

United States explosives or their nitrogenous content.

(k) Upon the requisition of the Secretary of the Army, the

Corporation shall allot and deliver without charge to the

Department of the Army so much power as shall be necessary in the

judgment of said Department for use in operation of all locks,

lifts, or other facilities in aid of navigation.

(l) To produce, distribute, and sell electric power, as herein

particularly specified.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 5, 48 Stat. 61; Aug. 31, 1935, ch. 836,

Sec. 4, 49 Stat. 1076; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; July 3, 1952, ch. 570, Sec. 2(a), 66 Stat.

334; Pub. L. 86-137, Sec. 3, Aug. 6, 1959, 73 Stat. 285; Pub. L.

94-412, title V, Sec. 501(d), Sept. 14, 1976, 90 Stat. 1258.)

-COD-

CODIFICATION

Former subsec. (n) authorized President within twelve months

after May 18, 1933, to lease nitrate plant numbered 2 and Waco

Quarry for production of fertilizer, and has been omitted as

executed.

-MISC3-

AMENDMENTS

1976 - Subsec. (m). Pub. L. 94-412 struck out subsec. (m) which

barred sale of TVA products outside United States except to

Government for military use or its allies in case of war or until

six months after termination of Korean emergency.

1959 - Subsec. (m). Pub. L. 86-137 excepted ferrophosphorus.

1952 - Subsec. (m). Joint Res. July 3, 1952, inserted ''or, until

six months after the termination of the national emergency

proclaimed by the President on December 16, 1950, or until such

earlier date or dates as the Congress by concurrent resolution or

the President may provide but in no event after April 1, 1953, to

nations associated with the United States in defense activities''.

1935 - Subsec. (c). Act Aug. 31, 1935, inserted ''with farmers,

landowners, and associations of farmers and landowners,'' after

''demonstration farms'' and ''and for promoting the prevention of

soil erosion by the use of fertilizers and otherwise'' after

''period of their introduction''.

-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-

EFFECTIVE DATE OF 1952 AMENDMENT

Section 7 of Joint Res. July 3, 1952, provided that the amendment

is effective June 16, 1952.

REPEAL OF PRIOR ACTS CONTINUING SUBSECTION (M)

Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334,

repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended

by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June

14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526,

66 Stat. 296, which continued provisions of subsection (m) relating

to sales to allies until July 3, 1952. This repeal was to take

effect as of June 16, 1952, by section 7 of Joint Res. July 3,

1952.

SAVINGS PROVISION

Repeal of subsec. (m) of this section by Pub. L. 94-412, not to

affect any action taken or proceeding pending at the time of

repeal, see section 501(h) of Pub. L. 94-412, set out as a note

under section 1601 of Title 50, War and National Defense.

-TRANS-

SECRETARY OF THE AIR FORCE

For transfer of certain functions insofar as they pertain to Air

Force, and to extent that they were not previously transferred to

Secretary of the Air Force from Secretary of the Army, see

Secretary of Defense Transfer Order No. 40 (App. A(40)), July 22,

1949.

-MISC5-

TERMINATION OF FOREIGN SALES

Section 1 of Joint Res. Mar. 31, 1953, ch. 13, 67 Stat. 18,

provided for the extension of certain emergency provisions

(previously extended to April 1, 1953, by Joint Res. July 3, 1952,

ch. 570, Sec. 2(a), 66 Stat. 334) until July 1, 1953. Section 2 of

said Joint Res. Mar. 31, 1953, provided that such extension did not

apply to the provisions of this section.

-CITE-

16 USC Sec. 831e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831e. Officers and employees; nonpolitical appointment;

removal for violation

-STATUTE-

In the appointment of officials and the selection of employees

for said Corporation, and in the promotion of any such employees or

officials, no political test or qualification shall be permitted or

given consideration, but all such appointments and promotions shall

be given and made on the basis of merit and efficiency. Any member

of said board who is found by the President of the United States to

be guilty of a violation of this section shall be removed from

office by the President of the United States, and any appointee of

said board who is found by the board to be guilty of a violation of

this section shall be removed from office by said board.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 6, 48 Stat. 63.)

-CITE-

16 USC Sec. 831f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831f. Control of plants and property vested in Corporation;

transfer of other property to Corporation

-STATUTE-

In order to enable the Corporation to exercise the powers and

duties vested in it by this chapter -

(a) The exclusive use, possession, and control of the United

States nitrate plants numbered 1 and 2, including steam plants,

located, respectively, at Sheffield, Alabama, and Muscle Shoals,

Alabama, together with all real estate and buildings connected

therewith, all tools and machinery, equipment, accessories, and

materials belonging thereto, and all laboratories and plants used

as auxiliaries thereto; the fixed-nitrogen research laboratory, the

Waco limestone quarry, in Alabama, and Dam Numbered 2, located at

Muscle Shoals, its power house, and all hydroelectric and operating

appurtenances (except the locks), and all machinery, lands, and

buildings in connection therewith, and all appurtenances thereof,

and all other property to be acquired by the Corporation in its own

name or in the name of the United States of America, are intrusted

to the Corporation for the purposes of this chapter.

(b) The President of the United States is authorized to provide

for the transfer to the Corporation of the use, possession, and

control of such other real or personal property of the United

States as he may from time to time deem necessary and proper for

the purposes of the Corporation as herein stated.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 7, 48 Stat. 63.)

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under subsection (b) of this section to

provide for transfer to Tennessee Valley Authority of use,

possession, and control of real or personal property of United

States deemed by Administrator of General Services to be necessary

and proper for purposes of that Authority as provided for in this

section, delegated to Administrator of General Services, see

section 1(17) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747,

set out as a note under section 301 of Title 3, The President.

-CITE-

16 USC Sec. 831g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831g. Principal office of Corporation; books; directors' oath

-STATUTE-

(a) Location

The Corporation shall maintain its principal office in the

immediate vicinity of Muscle Shoals, Alabama. The Corporation shall

be held to be an inhabitant and resident of the northern judicial

district of Alabama within the meaning of the laws of the United

States relating to the venue of civil suits.

(b) Account books

The Corporation shall at all times maintain complete and accurate

books of accounts.

(c) Oath of office

Each member of the board, before entering upon the duties of his

office, shall subscribe to an oath (or affirmation) to support the

Constitution of the United States and to faithfully and impartially

perform the duties imposed upon him by this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 8, 48 Stat. 63.)

-CITE-

16 USC Sec. 831h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831h. Annual financial statement; purchases and contracts;

audit by Comptroller General

-STATUTE-

(a) Financial statement and report

The board shall file with the President and with the Congress, in

March of each year, a financial statement and a complete report as

to the business of the Corporation covering the preceding

governmental fiscal year. This report shall include an itemized

statement of the cost of power at each power station, the total

number of employees and the names, salaries, and duties of those

receiving compensation at the rate of more than $1,500 a year.

(b) Bids; audits; settlements; accounts; contracts

All purchases and contracts for supplies or services, except for

personal services, made by the Corporation, shall be made after

advertising, in such manner and at such times sufficiently in

advance of opening bids, as the Board shall determine to be

adequate to insure notice and opportunity for competition:

Provided, That advertisement shall not be required when, (1) an

emergency requires immediate delivery of the supplies or

performance of the services; or (2) repair parts, accessories,

supplemental equipment, or services are required for supplies or

services previously furnished or contracted for; or (3) the

aggregate amount involved in any purchase of supplies or

procurement of services does not exceed $25,000; in which cases

such purchases of supplies or procurement of services may be made

in the open market in the manner common among businessmen: Provided

further, That in comparing bids and in making awards the Board may

consider such factors as relative quality and adaptability of

supplies or services, the bidder's financial responsibility, skill,

experience, record of integrity in dealing, ability to furnish

repairs and maintenance services, the time of delivery or

performance offered, and whether the bidder has complied with the

specifications.

The Comptroller General of the United States shall audit the

transactions of the Corporation at such times as he shall

determine, but not less frequently than once each governmental

fiscal year, with personnel of his selection. In such connection

he and his representatives shall have free and open access to all

papers, books, records, files, accounts, plants, warehouses,

offices, and all other things, property, and places belonging to or

under the control of or used or employed by the Corporation, and

shall be afforded full facilities for counting all cash and

verifying transactions with and balances in depositaries. He shall

make report of each such audit in quadruplicate, one copy for the

President of the United States, one for the chairman of the Board,

one for public inspection at the principal office of the

Corporation, and the other to be retained by him for the uses of

the Congress: Provided, That such report shall not be made until

the Corporation shall have had reasonable opportunity to examine

the exceptions and criticisms of the Comptroller General or the

General Accounting Office, to point out errors therein, explain or

answer the same, and to file a statement which shall be submitted

by the Comptroller General with his report. The expenses for each

such audit shall be paid from any appropriation or appropriations

for the General Accounting Office, and such part of such expenses

as may be allocated to the cost of generating, transmitting, and

distributing electric energy shall be reimbursed promptly by the

Corporation as billed by the Comptroller General. Nothing in this

chapter shall be construed to relieve the Treasurer or other

accountable officers or employees of the Corporation from

compliance with the provisions of existing law requiring the

rendition of accounts for adjustment and settlement pursuant to

sections 3526(a) and 3702(a) of title 31, and accounts for all

receipts and disbursements by or for the Corporation shall be

rendered accordingly: Provided, That, subject only to the

provisions of this chapter, the Corporation is authorized to make

such expenditures and to enter into such contracts, agreements, and

arrangements, upon such terms and conditions and in such manner as

it may deem necessary, including the final settlement of all claims

and litigation by or against the Corporation; and, notwithstanding

the provisions of any other law governing the expenditure of public

funds, the General Accounting Office, in the settlement of the

accounts of the Treasurer or other accountable officer or employee

of the Corporation, shall not disallow credit for, nor withhold

funds because of, any expenditure which the Board shall determine

to have been necessary to carry out the provisions of said chapter.

The Corporation shall determine its own system of administrative

accounts and the forms and contents of its contracts and other

business documents except as otherwise provided in this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 9, 48 Stat. 63; Aug. 31, 1935, ch. 836,

Sec. 14, 49 Stat. 1080; Nov. 21, 1941, ch. 485, 55 Stat. 775; Aug.

30, 1954, ch. 1076, Sec. 1 (32), 68 Stat. 968; Pub. L. 93-356, Sec.

5, July 25, 1974, 88 Stat. 390; Pub. L. 94-273, Sec. 5(1), Apr. 21,

1976, 90 Stat. 377; Pub. L. 98-191, Sec. 9(d), Dec. 1, 1983, 97

Stat. 1332.)

-COD-

CODIFICATION

In the second par. of subsec. (b), ''sections 3526(a) and 3702(a)

of title 31'' substituted for ''section 236, Revised Statutes, as

amended by section 305 of the Budget and Accounting Act, 1921 (42

Stat. 24 (31 U.S.C. 71))'' 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.

-MISC3-

AMENDMENTS

1983 - Subsec. (b)(3). Pub. L. 98-191 substituted ''$25,000'' for

''$10,000''.

1976 - Subsec. (a). Pub. L. 94-273 substituted ''March'' for

''December''.

1974 - Subsec. (b)(3). Pub. L. 93-356 substituted ''$10,000'' for

''$500''.

1954 - Subsec. (b). Act Aug. 30, 1954, in second paragraph,

repealed a sentence requiring the Comptroller General to make

special reports of any transactions or conditions found to be in

conflict with the powers or duties entrusted to the Tennessee

Valley Authority by law, such provision now being covered by

section 9101 et seq. of Title 31, Money and Finance.

1941 - Subsec. (b). Act Nov. 21, 1941, inserted last paragraph

and last sentence of next to last paragraph.

1935 - Subsec. (b). Act Aug. 31, 1935, amended subsec. (b)

generally.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section relating to filing with the Congress, in March

of each year, a financial statement and complete report, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and page 193 of House

Document No. 103-7.

SINGLE AUDIT REQUIREMENTS

Tennessee Valley Authority audits unaffected by single audit

requirements of chapter 75 (Sec. 7501 et seq.) of Title 31, Money

and Finance, see section 2(b) of Pub. L. 98-502, set out as a note

under section 7501 of Title 31.

AUDIT OF GOVERNMENT CORPORATIONS

Section 9105(f) of Title 31, Money and Finance, provides that the

audit provided in section 9105(a) of Title 31 shall be in lieu of

any audit of the financial transactions of any Government

corporation required to be made by the General Accounting Office

for the purpose of a report to the Congress or to the President

under any existing law.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 831m, 831n-4 of this

title; title 31 sections 3720, 3720A; title 41 section 612.

-CITE-

16 USC Sec. 831h-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831h-1. Operation of dams primarily for promotion of

navigation and controlling floods; generation and sale of

electricity

-STATUTE-

The Board is directed in the operation of any dam or reservoir in

its possession and control to regulate the stream flow primarily

for the purposes of promoting navigation and controlling floods.

So far as may be consistent with such purposes, the Board is

authorized to provide and operate facilities for the generation of

electric energy at any such dam for the use of the Corporation and

for the use of the United States or any agency thereof, and the

Board is further authorized, whenever an opportunity is afforded,

to provide and operate facilities for the generation of electric

energy in order to avoid the waste of water power, to transmit and

market such power as in this chapter provided, and thereby, so far

as may be practicable, to assist in liquidating the cost or aid in

the maintenance of the projects of the Authority.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 9a, as added Aug. 31, 1935, ch. 836,

Sec. 5, 49 Stat. 1076.)

-CITE-

16 USC Sec. 831h-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831h-2. Repealed. Pub. L. 86-137, Sec. 1, Aug. 6, 1959, 73

Stat. 280

-MISC1-

Section, act July 30, 1947, ch. 358, title II, Sec. 201, 61 Stat.

574, placed a limitation on use of power revenues of the Tennessee

Valley Authority. See section 831n-4 of this title.

-CITE-

16 USC Sec. 831i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831i. Sale of surplus power; preferences; experimental work;

acquisition of existing electric facilities

-STATUTE-

The Board is empowered and authorized to sell the surplus power

not used in its operations, and for operation of locks and other

works generated by it, to States, counties, municipalities,

corporations, partnerships, or individuals, according to the

policies hereinafter set forth; and to carry out said authority,

the Board is authorized to enter into contracts for such sale for a

term not exceeding twenty years, and in the sale of such current by

the Board it shall give preference to States, counties,

municipalities, and cooperative organizations of citizens or

farmers, not organized or doing business for profit, but primarily

for the purpose of supplying electricity to its own citizens or

members: Provided, That all contracts made with private companies

or individuals for the sale of power, which power is to be resold

for a profit, shall contain a provision authorizing the Board to

cancel said contract upon five years' notice in writing, if the

Board needs said power to supply the demands of States, counties,

or municipalities. In order to promote and encourage the fullest

possible use of electric light and power on farms within reasonable

distance of any of its transmission lines the Board in its

discretion shall have power to construct transmission lines to

farms and small villages that are not otherwise supplied with

electricity at reasonable rates, and to make such rules and

regulations governing such sale and distribution of such electric

power as in its judgment may be just and equitable: Provided

further, That the Board is authorized and directed to make studies,

experiments, and determinations to promote the wider and better use

of electric power for agricultural and domestic use, or for small

or local industries, and it may cooperate with State governments,

or their subdivisions or agencies, with educational or research

institutions, and with cooperatives or other organizations, in the

application of electric power to the fuller and better balanced

development of the resources of the region: Provided further, That

the Board is authorized to include in any contract for the sale of

power such terms and conditions, including resale rate schedules,

and to provide for such rules and regulations as in its judgment

may be necessary or desirable for carrying out the purposes of this

chapter, and in case the purchaser shall fail to comply with any

such terms and conditions, or violate any such rules and

regulations, said contract may provide that it shall be voidable at

the election of the Board: Provided further, That in order to

supply farms and small villages with electric power directly as

contemplated by this section, the Board in its discretion shall

have power to acquire existing electric facilities used in serving

such farms and small villages: And provided further, That the terms

''States'', ''counties'', and ''municipalities'' as used in this

chapter shall be construed to include the public agencies of any of

them unless the context requires a different construction.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 10, 48 Stat. 64; Aug. 31, 1935, ch.

836, Sec. 6, 49 Stat. 1076.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 31, 1935, inserted last three provisos.

-CITE-

16 USC Sec. 831j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831j. Equitable distribution of surplus power among States and

municipalities; improvement in production of fertilizer

-STATUTE-

It is declared to be the policy of the Government so far as

practical to distribute and sell the surplus power generated at

Muscle Shoals equitably among the States, counties, and

municipalities within transmission distance. This policy is

further declared to be that the projects herein provided for shall

be considered primarily as for the benefit of the people of the

section as a whole and particularly the domestic and rural

consumers to whom the power can economically be made available, and

accordingly that sale to and use by industry shall be a secondary

purpose, to be utilized principally to secure a sufficiently high

load factor and revenue returns which will permit domestic and

rural use at the lowest possible rates and in such manner as to

encourage increased domestic and rural use of electricity. It is

further declared to be the policy of the Government to utilize the

Muscle Shoals properties so far as may be necessary to improve,

increase, and cheapen the production of fertilizer and fertilizer

ingredients by carrying out the provisions of this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 11, 48 Stat. 64.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-49, 831ee of this

title.

-CITE-

16 USC Sec. 831k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831k. Transmission lines; construction or lease; sale of power

over other than Government lines; rates when sold for resale at

profit

-STATUTE-

In order to place the board upon a fair basis for making such

contracts and for receiving bids for the sale of such power, it is

expressly authorized, either from appropriations made by Congress

or from funds secured from the sale of such power, or from funds,

secured by the sale of bonds hereafter provided for, to construct,

lease, purchase, or authorize the construction of transmission

lines within transmission distance from the place where generated,

and to interconnect with other systems. The board is also

authorized to lease to any person, persons, or corporation the use

of any transmission line owned by the Government and operated by

the board, but no such lease shall be made that in any way

interferes with the use of such transmission line by the board:

Provided, That if any State, county, municipality, or other public

or cooperative organization of citizens or farmers, not organized

or doing business for profit, but primarily for the purpose of

supplying electricity to its own citizens or members, or any two or

more of such municipalities or organizations, shall construct or

agree to construct and maintain a properly designed and built

transmission line to the Government reservation upon which is

located a Government generating plant, or to a main transmission

line owned by the Government or leased by the board and under the

control of the board, the board is authorized and directed to

contract with such State, county, municipality, or other

organization, or two or more of them, for the sale of electricity

for a term not exceeding thirty years; and in any such case the

board shall give to such State, county, municipality, or other

organization ample time to fully comply with any local law now in

existence or hereafter enacted providing for the necessary legal

authority for such State, county, municipality, or other

organization to contract with the board for such power: Provided

further, That all contracts entered into between the Corporation

and any municipality or other political subdivision or cooperative

organization shall provide that the electric power shall be sold

and distributed to the ultimate consumer without discrimination as

between consumers of the same class, and such contract shall be

voidable at the election of the board if a discriminatory rate,

rebate, or other special concession is made or given to any

consumer or user by the municipality or other political subdivision

or cooperative organization: And provided further, That as to any

surplus power not so sold as above provided to States, counties,

municipalities, or other said organizations, before the board shall

sell the same to any person or corporation engaged in the

distribution and resale of electricity for profit, it shall require

said person or corporation to agree that any resale of such

electric power by said person or corporation shall be made to the

ultimate consumer of such electric power at prices that shall not

exceed a schedule fixed by the board from time to time as

reasonable, just, and fair; and in case of any such sale, if an

amount is charged the ultimate consumer which is in excess of the

price so deemed to be just, reasonable, and fair by the board, the

contract for such sale between the board and such distributor of

electricity shall be voidable at the election of the board: And

provided further, That the board is authorized to enter into

contracts with other power systems for the mutual exchange of

unused excess power upon suitable terms, for the conservation of

stored water, and as an emergency or break-down relief.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 12, 48 Stat. 65.)

-CITE-

16 USC Sec. 831k-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831k-1. Extension of credit to States, municipalities and

nonprofit organizations to assist in operation of existing

facilities

-STATUTE-

In order (1) to facilitate the disposition of the surplus power

of the Corporation according to the policies set forth in this

chapter; (2) to give effect to the priority herein accorded to

States, counties, municipalities, and nonprofit organizations in

the purchase of such power by enabling them to acquire facilities

for the distribution of such power; and (3) at the same time to

preserve existing distribution facilities as going concerns and

avoid duplication of such facilities, the Board is authorized to

advise and cooperate with and assist, by extending credit for a

period of not exceeding five years to, States, counties,

municipalities and nonprofit organizations situated within

transmission distance from any dam where such power is generated by

the Corporation in acquiring, improving, and operating (a) existing

distribution facilities and incidental works, including generating

plants; and (b) interconnecting transmission lines; or in acquiring

any interest in such facilities, incidental works, and lines.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 12a, as added Aug. 31, 1935, ch. 836,

Sec. 7, 49 Stat. 1076.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 831n-1, 831n-3 of this

title.

-CITE-

16 USC Sec. 831l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831l. Financial assistance to States and local governments in

lieu of taxation; apportionment; limitation on contracts for

sale of power to municipalities; report to Congress

-STATUTE-

In order to render financial assistance to those States and local

governments in which the power operations of the Corporation are

carried on and in which the Corporation has acquired properties

previously subject to State and local taxation, the board is

authorized and directed to pay to said States, and the counties

therein, for each fiscal year, beginning July 1, 1940, the

following percentages of the gross proceeds derived from the sale

of power by the Corporation for the preceding fiscal year as

hereinafter provided, together with such additional amounts as may

be payable pursuant to the provisions hereinafter set forth, said

payments to constitute a charge against the power operations of the

Corporation: For the fiscal year (beginning July 1) 1940, 10 per

centum; 1941, 9 per centum; 1942, 8 per centum; 1943, 7 1/2 per

centum; 1944, 7 per centum; 1945, 6 1/2 per centum; 1946, 6 per

centum; 1947, 5 1/2 per centum; 1948 and each fiscal year

thereafter, 5 per centum. ''Gross proceeds'', as used in this

section, is defined as the total gross proceeds derived by the

Corporation from the sale of power for the preceding fiscal year,

excluding power used by the Corporation or sold or delivered to any

other department or agency of the Government of the United States

for any purpose other than the resale thereof. The payments herein

authorized are in lieu of taxation, and the Corporation, its

property, franchises and income, are expressly exempted from

taxation in any manner or form by any State, county, municipality,

or any subdivision or district thereof.

The payment for each fiscal year shall be apportioned among said

States in the following manner: One-half of said payment shall be

apportioned by paying to each State the percentage thereof which

the gross proceeds of the power sales by the Corporation within

said State during the preceding fiscal year bears to the total

gross proceeds from all power sales by the Corporation during the

preceding fiscal year; the remaining one-half of said payment shall

be apportioned by paying to each State the percentage thereof which

the book value of the power property held by the Corporation within

said State at the end of the preceding fiscal year bears to the

total book value of all such property held by the Corporation on

the same date. The book value of power property shall include that

portion of the investment allocated or estimated to be allocable to

power: Provided, That the minimum annual payment to each State

(including payments to counties therein) shall not be less than an

amount equal to the two-year average of the State and local ad

valorem property taxes levied against power property purchased and

operated by the Corporation in said State and against that portion

of reservoir lands related to dams constructed by or on behalf of

the United States Government and held or operated by the

Corporation and allocated or estimated to be allocable to power.

The said two-year average shall be calculated for the last two tax

years during which said property was privately owned and operated

or said land was privately owned: Provided further, That the

minimum annual payment to each State in which the Corporation owns

and operates power property (including payments to counties

therein) shall not be less than $10,000 in any case: Provided

further, That the corporation (FOOTNOTE 1) shall pay directly to

the respective counties the two-year average of county ad valorem

property taxes (including taxes levied by taxing districts within

the respective counties) upon power property and reservoir lands

allocable to power, determined as above provided, and all payments

to any such county within a State shall be deducted from the

payment otherwise due to such State under the provisions of this

section. The determination of the board of the amounts due

hereunder to the respective States and counties shall be final.

(FOOTNOTE 1) So in original. Probably should be capitalized.

The payments above provided shall in each case be made to the

State or county in equal monthly installments beginning not later

than July 31, 1940.

Nothing herein shall be construed to limit the authority of the

Corporation in its contracts for the sale of power to

municipalities, to permit or provide for the resale of power at

rates which may include an amount to cover tax-equivalent payments

to the municipality in lieu of State, county, and municipal taxes

upon any distribution system or property owned by the municipality,

or any agency thereof, conditioned upon a proper distribution by

the municipality of any amounts collected by it in lieu of State or

county taxes upon any such distribution system or property; it

being the intention of Congress that either the municipality or the

State in which the municipality is situated shall provide for the

proper distribution to the State and county of any portion of tax

equivalent so collected by the municipality in lieu of State or

county taxes upon any such distribution system or property.

The Corporation shall, not later than January 1, 1945, submit to

the Congress a report on the operation of the provisions of this

section, including a statement of the distribution to the various

States and counties hereunder; the effect of the operation of the

provisions of this section on State and local finances; an

appraisal of the benefits of the program of the Corporation to the

States and counties receiving payments hereunder, and the effect of

such benefits in increasing taxable values within such States and

counties; and such other data, information, and recommendations as

may be pertinent to future legislation.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 13, 48 Stat. 66; June 26, 1940, ch.

432, Sec. 39, 54 Stat. 626.)

-MISC1-

AMENDMENTS

1940 - Act June 26, 1940, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-13, 831n-4 of this

title; title 20 section 7702.

-CITE-

16 USC Sec. 831m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831m. Allocation and charge of value and cost of plants to

particular objects; cost accounting; reports of costs of

operation; sale of surplus power at profit

-STATUTE-

The Board shall make a thorough investigation as to the present

value of Dam Numbered 2, and the steam plants at nitrate plant

numbered 1, and nitrate plant numbered 2, and as to the cost of

Cove Creek Dam, for the purpose of ascertaining how much of the

value or the cost of said properties shall be allocated and charged

up to (1) flood control, (2) navigation, (3) fertilizer, (4)

national defense, and (5) the development of power. The findings

thus made by the Board, when approved by the President of the

United States, shall be final, and such findings shall thereafter

be used in all allocation of value for the purpose of keeping the

book value of said properties. In like manner, the cost and book

value of any dams, steam plants, or other similar improvements

hereafter constructed and turned over to said Board for the purpose

of control and management shall be ascertained and allocated. The

Board shall, on or before January 1, 1937, file with Congress a

statement of its allocation of the value of all such properties

turned over to said Board, and which have been completed prior to

the end of the preceding fiscal year, and shall thereafter in its

annual report to Congress file a statement of its allocation of the

value of such properties as have been completed during the

preceding fiscal year.

For the purpose of accumulating data useful to the Congress in

the formulation of legislative policy in matters relating to the

generation, transmission, and distribution of electric energy and

the production of chemicals necessary to national defense and

useful in agriculture, and to the Federal Power Commission and

other Federal and State agencies, and to the public, the Board

shall keep complete accounts of its costs of generation,

transmission, and distribution of electric energy and shall keep a

complete account of the total cost of generating and transmission

facilities constructed or otherwise acquired by the Corporation,

and of producing such chemicals, and a description of the major

components of such costs according to such uniform systems of

accounting for public utilities as the Federal Power Commission

has, and if it have none, then it is empowered and directed to

prescribe such uniform system of accounting, together with records

of such other physical data and operating statistics of the

Authority as may be helpful in determining the actual cost and

value of services, and the practices, methods, facilities,

equipment, appliances, and standards and sizes, types, location,

and geographical and economic integration of plants and systems

best suited to promote the public interest, efficiency, and the

wider and more economical use of electric energy. Such data shall

be reported to the Congress by the Board from time to time, with

appropriate analyses and recommendations, and, so far as

practicable, shall be made available to the Federal Power

Commission and other Federal and State agencies which may be

concerned with the administration of legislation relating to the

generation, transmission, or distribution of electric energy and

chemicals useful to agriculture. It is declared to be the policy

of this chapter that, in order, as soon as practicable, to make the

power projects self-supporting and self-liquidating, the surplus

power shall be sold at rates which, in the opinion of the Board,

when applied to the normal capacity of the Authority's power

facilities, will produce gross revenues in excess of the cost of

production of said power and in addition to the statement of the

cost of power at each power station as required by section 831h of

this title, the Board shall file with each annual report, a

statement of the total cost of all power generated by it at all

power stations during each year, the average cost of such power per

kilowatt hour, the rates at which sold, and to whom sold, and

copies of all contracts for the sale of power.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 14, 48 Stat. 66; Aug. 31, 1935, ch.

836, Sec. 8, 49 Stat. 1077.)

-MISC1-

AMENDMENTS

1935 - Act of Aug. 31, 1935, inserted provision requiring the

Board to report to Congress on the allocation of the value of the

properties turned over to the Board and paragraph requiring the

Board to keep complete accounts on the cost of generation,

transmission and distribution of electric energy and production of

chemicals necessary to national defense and useful to agriculture

and to report to Congress the total cost of all power generated by

all power stations and authorized the sale of surplus power.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-49, 831ee of this

title.

-CITE-

16 USC Sec. 831m-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831m-1. Tennessee Valley Authority least-cost planning program

-STATUTE-

(a) In general

The Tennessee Valley Authority shall conduct a least-cost

planning program in accordance with this section.

(b) Conduct of program

(1) In general

In conducting a least-cost planning program under subsection

(a) of this section, the Tennessee Valley Authority shall employ

and implement a planning and selection process for new energy

resources which evaluates the full range of existing and

incremental resources (including new power supplies, energy

conservation and efficiency, and renewable energy resources) in

order to provide adequate and reliable service to electric

customers of the Tennessee Valley Authority at the lowest system

cost.

(2) Planning and selection process

The planning and selection process referred to in paragraph (1)

shall -

(A) take into account necessary features for system

operation, including diversity, reliability, dispatchability,

and other factors of risk;

(B) take into account the ability to verify energy savings

achieved through energy conservation and efficiency and the

projected durability of such savings measured over time; and

(C) treat demand and supply resources on a consistent and

integrated basis.

(3) ''System cost'' defined

As used in paragraph (1), the term ''system cost'' means all

direct and quantifiable net costs for an energy resource over its

available life, including the cost of production, transportation,

utilization, waste management, environmental compliance, and, in

the case of imported energy resources, maintaining access to

foreign sources of supply.

(c) Participation by distributors

(1) In general

In conducting a least-cost planning program under subsection

(a) of this section, the Tennessee Valley Authority shall -

(A) provide an opportunity for distributors of the Tennessee

Valley Authority to recommend cost-effective energy efficiency

opportunities, rate structure incentives, and renewable energy

proposals for inclusion in such program; and

(B) encourage and assist such distributors in the planning

and implementation of cost-effective energy efficiency options.

(2) Assistance

The Tennessee Valley Authority shall provide appropriate

assistance to distributors under paragraph (1)(B). Such

assistance shall, where cost effective, be provided by the

Tennessee Valley Authority acting through, or in cooperation

with, an association of distributors. Such assistance may

include publications, workshops, conferences, one-on-one

assistance, financial assistance, equipment loans, technology

assessment studies, marketing studies, and other appropriate

mechanisms to transfer information on energy efficiency and

renewable energy options and programs to customers.

(d) Public review and comment

Before the selection and addition of a major new energy resource

on the Tennessee Valley Authority system, the Tennessee Valley

Authority shall provide an opportunity for public review and

comment and shall include a description of any such action in an

annual report to the President and Congress.

(e) Exemption from certain requirements

The Tennessee Valley Authority shall not be subject to the

least-cost planning requirements contained in section 2621(d) of

this title or any similar requirement which might arise out of the

Tennessee Valley Authority's electric power transactions with the

Southeastern Power Administration.

-SOURCE-

(Pub. L. 102-486, title I, Sec. 113, Oct. 24, 1992, 106 Stat.

2798.)

-COD-

CODIFICATION

Section was enacted as part of the Energy Policy Act of 1992, and

not as part of the Tennessee Valley Authority Act of 1933 which

comprises this chapter.

-CITE-

16 USC Sec. 831n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831n. Bonds for future construction; amount, terms, and

conditions

-STATUTE-

In the construction of any future dam, steam plant, or other

facility, to be used in whole or in part for the generation or

transmission of electric power the board is authorized and

empowered to issue on the credit of the United States and to sell

serial bonds not exceeding $50,000,000 in amount, having a maturity

not more than fifty years from the date of issue thereof, and

bearing interest not exceeding 3 1/2 per centum per annum. Said

bonds shall be issued and sold in amounts and prices approved by

the Secretary of the Treasury, but all such bonds as may be so

issued and sold shall have equal rank. None of said bonds shall be

sold below par, and no fee, commission, or compensation whatever

shall be paid to any person, firm, or corporation for handling,

negotiating the sale, or selling the said bonds. All of such bonds

so issued and sold shall have all the rights and privileges

accorded by law to Panama Canal bonds, authorized by section 8 of

the Act of June 28, 1902, chapter 1302, as amended by the Act of

December 21, 1905 (ch. 3, sec. 1, 34 Stat. 5). All funds derived

from the sale of such bonds shall be paid over to the Corporation.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 15, 48 Stat. 66.)

-REFTEXT-

REFERENCES IN TEXT

Section 8 of the Act of June 28, 1902, chapter 1302, as amended

by the Act of December 21, 1905 (ch. 3, sec. 1, 34 Stat. 5),

referred to in text, was classified to sections 743, 744, and 744

note of former Title 31 and was repealed in part by Pub. L. 97-258,

Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, the first section of

which enacted Title 31, Money and Finance, and in part by Pub. L.

97-452, Sec. 4(b), Jan. 12, 1983, 96 Stat. 2480.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-49, 831n-2, 831ee

of this title.

-CITE-

16 USC Sec. 831n-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831n-1. Bonds to carry out provisions of section 831k-1;

amount, terms, and conditions

-STATUTE-

With the approval of the Secretary of the Treasury, the

Corporation is authorized to issue bonds not to exceed in the

aggregate $50,000,000 outstanding at any one time, which bonds may

be sold by the Corporation to obtain funds to carry out the

provisions of section 831k-1 of this title. Such bonds shall be in

such forms and denominations, shall mature within such periods not

more than fifty years from the date of their issue, may be

redeemable at the option of the Corporation before maturity in such

manner as may be stipulated therein, shall bear such rates of

interest not exceeding 3 1/2 per centum per annum, shall be subject

to such terms and conditions, shall be issued in such manner and

amount, and sold at such prices, as may be prescribed by the

Corporation, with the approval of the Secretary of the Treasury:

Provided, That such bonds shall not be sold at such prices or on

such terms as to afford an investment yield to the holders in

excess of 3 1/2 per centum per annum. Such bonds shall be fully

and unconditionally guaranteed both as to interest and principal by

the United States, and such guaranty shall be expressed on the face

thereof, and such bonds shall be lawful investments, and may be

accepted as security, for all fiduciary, trust, and public funds,

the investment or deposit of which shall be under the authority or

control of the United States or any officer or officers thereof.

In the event that the Corporation should not pay upon demand, when

due, the principal of, or interest on, such bonds, the Secretary of

the Treasury shall pay to the holder the amount thereof, which is

authorized to be appropriated out of any moneys in the Treasury not

otherwise appropriated, and thereupon to the extent of the amount

so paid the Secretary of the Treasury shall succeed to all the

rights of the holders of such bonds. The Secretary of the

Treasury, in his discretion, is authorized to purchase any bonds

issued hereunder, and for such purpose the Secretary of the

Treasury is authorized to use as a public-debt transaction the

proceeds from the sale of any securities hereafter issued under

chapter 31 of title 31, and the purposes for which securities may

be issued under such chapter are extended to include any purchases

of the Corporation's bonds hereunder. The Secretary of the

Treasury may, at any time, sell any of the bonds of the Corporation

acquired by him under this section. All redemptions, purchases,

and sales by the Secretary of the Treasury of the bonds of the

Corporation shall be treated as public-debt transactions of the

United States. With the approval of the Secretary of the Treasury,

the Corporation shall have power to purchase such bonds in the open

market at any time and at any price. No bonds shall be issued

hereunder to provide funds or bonds necessary for the performance

of any proposed contract negotiated by the Corporation under the

authority of section 831k-1 of this title until the proposed

contract shall have been submitted to and approved by the Federal

Power Commission. When any such proposed contract shall have been

submitted to the said Commission, the matter shall be given

precedence and shall be in every way expedited and the Commission's

determination of the matter shall be final. The authority of the

Corporation to issue bonds hereunder shall expire at the end of

five years from the date when this section as amended herein

becomes law, except that such bonds may be issued at any time after

the expiration of said period to provide bonds or funds necessary

for the performance of any contract entered into by the

Corporation, prior to the expiration of said period, under the

authority of section 831k-1 of this title.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 15a, as added Aug. 31, 1935, ch. 836,

Sec. 9, 49 Stat. 1078.)

-REFTEXT-

REFERENCES IN TEXT

The date when this section as amended herein becomes law,

referred to in text, probably means August 31, 1935.

-COD-

CODIFICATION

''Chapter 31 of title 31'' and ''such chapter'' substituted in

text for ''the Second Liberty Bond Act, as amended'' and ''such

Act, as amended,'', 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.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 831n-2 of this title.

-CITE-

16 USC Sec. 831n-2 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831n-2. Bonds; limitation of issuance under sections 831n and

831n-1

-STATUTE-

No bonds shall be issued by the Corporation after the date of

enactment of this section under section 831n or 831n-1 of this

title.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 15b, as added July 26, 1939, ch. 366,

53 Stat. 1083.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in text,

probably means July 26, 1939.

-CITE-

16 USC Sec. 831n-3 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831n-3. Use of funds; limitation of issuance

-STATUTE-

With the approval of the Secretary of the Treasury the

Corporation is authorized, after the date of enactment of this

section, to issue bonds not to exceed in the aggregate $61,500,000.

Such bonds may be sold by the Corporation to obtain funds which may

be used for the following purposes only:

(1) Not to exceed $46,000,000 may be used for the purchase of

electric utility properties of the Tennessee Electric Power Company

and Southern Tennessee Power Company, as contemplated in the

contract between the Corporation and the Commonwealth and Southern

Corporation and others, dated as of May 12, 1939.

(2) Not to exceed $6,500,000 may be used for the purchase and

rehabilitation of electric utility properties of the Alabama Power

Company and Mississippi Power Company in the following named

counties in northern Alabama and northern Mississippi: The counties

of Jackson, Madison, Limestone, Lauderdale, Colbert, Lawrence,

Morgan, Marshall, De Kalb, Cherokee, Cullman, Winston, Franklin,

Marion, and Lamar in northern Alabama, and the counties of Calhoun,

Chickasaw, Monroe, Clay, Lowndes, Oktibbeha, Choctaw, Webster,

Noxubee, Winston, Neshoba, and Kemper in northern Mississippi.

(3) Not to exceed $3,500,000 may be used for rebuilding,

replacing, and repairing electric utility properties purchased by

the Corporation in accordance with the foregoing provisions of this

section.

(4) Not to exceed $3,500,000 may be used for constructing

electric transmission lines, substations, and other electrical

facilities necessary to connect the electric utility properties

purchased by the Corporation in accordance with the foregoing

provisions of this section with the electric power system of the

Corporation.

(5) Not to exceed $2,000,000 may be used for making loans under

section 831k-1 of this title to States, counties, municipalities,

and nonprofit organizations to enable them to purchase any electric

utility properties referred to in the contract between the

Corporation and the Commonwealth and Southern Corporation and

others, dated as of May 12, 1939, or any electric utility

properties of the Alabama Power Company or Mississippi Power

Company in any of the counties in northern Alabama or northern

Mississippi named in paragraph (2) of this section.

The Corporation shall file with the President and with the

Congress in December of each year a financial statement and

complete report as to the expenditure of funds derived from the

sale of bonds under this section covering the period not covered by

any such previous statement or report. Such bonds shall be in such

forms and denominations, shall mature within such periods not more

than fifty years from the date of their issue, may be redeemable at

the option of the Corporation before maturity in such manner as may

be stipulated therein, shall bear such rates of interest not

exceeding 3 1/2 per centum per annum, shall be subject to such

terms and conditions, shall be issued in such manner and amount,

and sold at such prices, as may be prescribed by the Corporation

with the approval of the Secretary of the Treasury: Provided, That

such bonds shall not be sold at such prices or on such terms as to

afford an investment yield to the holders in excess of 3 1/2 per

centum per annum. Such bonds shall be fully and unconditionally

guaranteed both as to interest and principal by the United States,

and such guaranty shall be expressed on the face thereof, and such

bonds shall be lawful investments, and may be accepted as security,

for all fiduciary, trust, and public funds, the investment or

deposit of which shall be under the authority or control of the

United States or any officer or officers thereof. In the event

that the Corporation should not pay upon demand when due, the

principal of, or interest on, such bonds, the Secretary of the

Treasury shall pay to the holder the amount thereof, which is

authorized to be appropriated out of any moneys in the Treasury not

otherwise appropriated, and thereupon to the extent of the amount

so paid the Secretary of the Treasury shall succeed to all the

rights of the holders of such bonds. The Secretary of the

Treasury, in his discretion, is authorized to purchase any bonds

issued hereunder, and for such purpose the Secretary of the

Treasury is authorized to use as a public-debt transaction the

proceeds from the sale of any securities hereafter issued under

chapter 31 of title 31, and the purposes for which securities may

be issued under such chapter are extended to include any purchases

of the Corporation's bonds hereunder. The Secretary of the

Treasury may, at any time, sell any of the bonds of the Corporation

acquired by him under this section. All redemptions, purchases,

and sales by the Secretary of the Treasury of the bonds of the

Corporation shall be treated as public-debt transactions of the

United States. With the approval of the Secretary of the Treasury,

the Corporation shall have power to purchase such bonds in the open

market at any time and at any price. None of the proceeds of the

bonds shall be used for the performance of any proposed contract

negotiated by the Corporation under the authority of section 831k-1

of this title until the proposed contract shall have been submitted

to and approved by the Federal Power Commission. When any such

proposed contract shall have been submitted to the said Commission,

the matter shall be given precedence and shall be in every way

expedited and the Commission's determination of the matter shall be

final. The authority of the Corporation to issue bonds under this

section shall expire January 1, 1941, except that if at the time

such authority expires the amount of bonds issued by the

Corporation under this section is less than $61,500,000, the

Corporation may, subject to the foregoing provisions of this

section, issue, after the expiration of such period, bonds in an

amount not in excess of the amount by which the bonds so issued

prior to the expiration of such period is less than $61,500,000,

for refunding purposes, or, subject to the provisions of paragraph

(5) of this section (limiting the purposes for which loans under

section 831k-1 of this title of funds derived from bonds proceeds

may be made) to provide funds found necessary in the performance of

any contract entered into by the Corporation prior to the

expiration of such period, under the authority of section 831k-1 of

this title.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 15c, as added July 26, 1939, ch. 366,

53 Stat. 1083.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of this section, referred to in text,

probably means July 26, 1939.

-COD-

CODIFICATION

''Chapter 31 of title 31'' and ''such chapter'' substituted in

text for ''the Second Liberty Bond Act, as amended'' and ''such

Act, as amended,'', 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.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and its functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

such Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Sec. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out as a note under

section 792 of this title.

-CITE-

16 USC Sec. 831n-4 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831n-4. Bonds for financing power program

-STATUTE-

(a) Authorization; amount; use of proceeds; restriction on

contracts for sale or delivery of power; exchange power

arrangements; payment of principal and interest; bond contracts

The Corporation is authorized to issue and sell bonds, notes, and

other evidences of indebtedness (hereinafter collectively referred

to as ''bonds'') in an amount not exceeding $30,000,000,000

outstanding at any one time to assist in financing its power

program and to refund such bonds. The Corporation may, in

performing functions authorized by this chapter, use the proceeds

of such bonds for the construction, acquisition, enlargement,

improvement, or replacement of any plant or other facility used or

to be used for the generation or transmission of electric power

(including the portion of any multiple-purpose structure used or to

be used for power generation); as may be required in connection

with the lease, lease-purchase, or any contract for the power

output of any such plant or other facility; and for other purposes

incidental thereto. Unless otherwise specifically authorized by

Act of Congress the Corporation shall make no contracts for the

sale or delivery of power which would have the effect of making the

Corporation or its distributors, directly or indirectly, a source

of power supply outside the area for which the Corporation or its

distributors were the primary source of power supply on July 1,

1957, and such additional area extending not more than five miles

around the periphery of such area as may be necessary to care for

the growth of the Corporation and its distributors within said

area: Provided, however, That such additional area shall not in any

event increase by more than 2 1/2 per centum (or two thousand

square miles, whichever is the lesser) the area for which the

Corporation and its distributors were the primary source of power

supply on July 1, 1957: And provided further, That no part of such

additional area may be in a State not now served by the Corporation

or its distributors or in a municipality receiving electric service

from another source on or after July 1, 1957, and no more than five

hundred square miles of such additional area may be in any one

State now served by the Corporation or its distributors.

Nothing in this subsection shall prevent the Corporation or its

distributors from supplying electric power to any customer within

any area in which the Corporation or its distributors had generally

established electric service on July 1, 1957, and to which electric

service was not being supplied from any other source on the

effective date of this Act.

Nothing in this subsection shall prevent the Corporation, when

economically feasible, from making exchange power arrangements with

other power-generating organizations with which the Corporation had

such arrangements on July 1, 1957, nor prevent the Corporation from

continuing to supply power to Dyersburg, Tennessee, and Covington,

Tennessee, or from entering into contracts to supply or from

supplying power to the cities of Paducah, Kentucky; Princeton,

Kentucky; Glasgow, Kentucky; Fulton, Kentucky; Monticello,

Kentucky; Hickman, Kentucky; Chickamauga, Georgia; Ringgold,

Georgia; Oak Ridge, Tennessee; and South Fulton, Tennessee; or

agencies thereof; or from entering into contracts to supply or from

supplying power for the Naval Auxiliary Air Station in Lauderdale

and Kemper Counties, Mississippi, through the facilities of the

East Mississippi Electric Power Association: Provided further, That

nothing herein contained shall prevent the transmission of TVA

power to the Atomic Energy Commission or the Department of Defense

or any agency thereof, on certification by the President of the

United States that an emergency defense need for such power

exists. Nothing in this chapter shall affect the present rights of

the parties in any existing lawsuits involving efforts of towns in

the same general area where TVA power is supplied to obtain TVA

power.

The principal of and interest on said bonds shall be payable

solely from the Corporation's net power proceeds as hereinafter

defined. Net power proceeds are defined for purposes of this

section as the remainder of the Corporation's gross power revenues

after deducting the costs of operating, maintaining, and

administering its power properties (including costs applicable to

that portion of its multiple-purpose properties allocated to power)

and payments to States and counties in lieu of taxes but before

deducting depreciation accruals or other charges representing the

amortization of capital expenditures, plus the net proceeds of the

sale or other disposition of any power facility or interest

therein, and shall include reserve or other funds created from such

sources. Notwithstanding the provisions of section 831y of this

title or any other provision of law, the Corporation may pledge and

use its net power proceeds for payment of the principal of and

interest on said bonds, for purchase or redemption thereof, and for

other purposes incidental thereto, including creation of reserve

funds and other funds which may be similarly pledged and used, to

such extent and in such manner as it may deem necessary or

desirable. The Corporation is authorized to enter into binding

covenants with the holders of said bonds - and with the trustee, if

any - under any indenture, resolution, or other agreement entered

into in connection with the issuance thereof (any such agreement

being hereinafter referred to as a ''bond contract'') with respect

to the establishment of reserve funds and other funds, adequacy of

charges for supply of power, application and use of net power

proceeds, stipulations concerning the subsequent issuance of bonds

or the execution of leases or lease-purchase agreements relating to

power properties, and such other matters, not inconsistent with

this chapter, as the Corporation may deem necessary or desirable to

enhance the marketability of said bonds. The issuance and sale of

bonds by the Corporation and the expenditure of bond proceeds for

the purposes specified herein, including the addition of generating

units to existing power-producing projects and the construction of

additional power-producing projects, shall not be subject to the

requirements or limitations of any other law.

(b) Bonds not obligations of or guaranteed by United States;

apportionment of proceeds

Bonds issued by the Corporation hereunder shall not be

obligations of, nor shall payment of the principal thereof or

interest thereon be guaranteed by, the United States. Proceeds

realized by the Corporation from issuance of such bonds and from

power operations and the expenditure of such proceeds shall not be

subject to apportionment under the provisions of subchapter II of

chapter 15 of title 31.

(c) Sale; terms and conditions; method; limitation on amount;

statement in annual report

Bonds issued by the Corporation under this section shall be

negotiable instruments unless otherwise specified therein, shall be

in such forms and denominations, shall be sold at such times and in

such amounts, shall mature at such time or times not more than

fifty years from their respective dates, shall be sold at such

prices, shall bear such rates of interest, may be redeemable before

maturity at the option of the Corporation in such manner and at

such times and redemption premiums, may be entitled to such

relative priorities of claim on the Corporation's net power

proceeds with respect to principal and interest payments, and shall

be subject to such other terms and conditions, as the Corporation

may determine: Provided, That at least fifteen days before selling

each issue of bonds hereunder (exclusive of any commitment shorter

than one year) the Corporation shall advise the Secretary of the

Treasury as to the amount, proposed date of sale, maturities, terms

and conditions and expected rates of interest of the proposed issue

in the fullest detail possible and, if the Secretary shall so

request, shall consult with him or his designee thereon, but the

sale and issuance of such bonds shall not be subject to approval by

the Secretary of the Treasury except as to the time of issuance and

the maximum rates of interest to be borne by the bonds: Provided

further, That if the Secretary of the Treasury does not approve a

proposed issue of bonds hereunder within seven working days

following the date on which he is advised of the proposed sale, the

Corporation may issue to the Secretary interim obligations in the

amount of the proposed issue, which the Secretary is directed to

purchase. In case the Corporation determines that a proposed issue

of bonds hereunder cannot be sold on reasonable terms, it may issue

to the Secretary interim obligations which the Secretary is

authorized to purchase. Notwithstanding the foregoing provisions

of this subsection, obligations issued by the Corporation to the

Secretary shall not exceed $150,000,000 outstanding at any one

time, shall mature on or before one year from date of issue, and

shall bear interest equal to the average rate (rounded to the

nearest one-eighth of a percent) on outstanding marketable

obligations of the United States with maturities from dates of

issue of one year or less as of the close of the month preceding

the issuance of the obligations of the Corporation. If agreement is

not reached within eight months concerning the issuance of any

bonds which the Secretary has failed to approve, the Corporation

may nevertheless proceed to sell such bonds on any date thereafter

without approval by the Secretary in amount sufficient to retire

the interim obligations issued to the Treasury and such interim

obligations shall be retired from the proceeds of such bonds. For

the purpose of any purchase of the Corporation's obligations the

Secretary of the Treasury is authorized to use as a public debt

transaction the proceeds from the sale of any securities issued

under chapter 31 of title 31, and the purposes for which securities

may be issued under chapter 31 of title 31 are extended to include

any purchases of the Corporation's obligations hereunder. The

Corporation may sell its bonds by negotiation or on the basis of

competitive bids, subject to the right, if reserved, to reject all

bids; may designate trustees, registrars, and paying agents in

connection with said bonds and the issuance thereof; may arrange

for audits of its accounts and for reports concerning its financial

condition and operations by certified public accounting firms

(which audits and reports shall be in addition to those required by

sections 9105 and 9106 of title 31, may, subject to any covenants

contained in any bond contract, invest the proceeds of any bonds

and other funds under its control which derive from or pertain to

its power program in any securities approved for investment of

national bank funds and deposit said proceeds and other funds,

subject to withdrawal by check or otherwise, in any Federal Reserve

Bank or bank having membership in the Federal Reserve System; and

may perform such other acts not prohibited by law as it deems

necessary or desirable to accomplish the purposes of this section.

Bonds issued by the Corporation hereunder shall contain a recital

that they are issued pursuant to this section, and such recital

shall be conclusive evidence of the regularity of the issuance and

sale of such bonds and of their validity. The annual report of the

Board filed pursuant to section 831h of this title shall contain a

detailed statement of the operation of the provisions of this

section during the year.

(d) Lawful investment; exemption from taxation

Bonds issued by the Corporation hereunder shall be lawful

investments and may be accepted as security for all fiduciary,

trust, and public funds, the investment or deposit of which shall

be under the authority or control of any officer or agency of the

United States. The Secretary of the Treasury or any other officer

or agency having authority over or control of any such fiduciary,

trust, or public funds, may at any time sell any of the bonds of

the Corporation acquired by them under this section. Bonds issued

by the Corporation hereunder shall be exempt both as to principal

and interest from all taxation now or hereafter imposed by any

State or local taxing authority except estate, inheritance, and

gift taxes.

(e) Payment of excess power proceeds into Treasury; deferral

From net power proceeds in excess of those required to meet the

Corporation's obligations under the provisions of any bond or bond

contract, the Corporation shall, beginning with fiscal year 1961,

make payments into the Treasury as miscellaneous receipts on or

before September 30, of each fiscal year as a return on the

appropriation investment in the Corporation's power facilities,

plus a repayment sum of not less than $10,000,000 for each of the

first five fiscal years, $15,000,000 for each of the next five

fiscal years, and $20,000,000 for each fiscal year thereafter,

which repayment sum shall be applied to reduction of said

appropriation investment until a total of $1,000,000,000 of said

appropriation investment shall have been repaid. The said

appropriation investment shall consist, in any fiscal year, of that

part of the Corporation's total investment assigned to power as of

the beginning of the fiscal year (including both completed plant

and construction in progress) which has been provided from

appropriations or by transfers of property from other Government

agencies without reimbursement by the Corporation, less repayments

of such appropriation investment made under title II of the

Government Corporations Appropriation Act, 1948, this chapter, or

other applicable legislation. The payment as a return on the

appropriation investment in each fiscal year shall be equal to the

computed average interest rate payable by the Treasury upon its

total marketable public obligations as of the beginning of said

fiscal year applied to said appropriation investment. Payments due

hereunder may be deferred for not more than two years when, in the

judgment of the Board of Directors of the Corporation, such

payments cannot feasibly be made because of inadequacy of funds

occasioned by drought, poor business conditions, emergency

replacements, or other factors beyond the control of the

Corporation.

(f) Rates for sale of power; application of net proceeds

The Corporation shall charge rates for power which will produce

gross revenues sufficient to provide funds for operation,

maintenance, and administration of its power system; payments to

States and counties in lieu of taxes; debt service on outstanding

bonds, including provision and maintenance of reserve funds and

other funds established in connection therewith; payments to the

Treasury as a return on the appropriation investment pursuant to

subsection (e) of this section; payment to the Treasury of the

repayment sums specified in subsection (e) of this section; and

such additional margin as the Board may consider desirable for

investment in power system assets, retirement of outstanding bonds

in advance of maturity, additional reduction of appropriation

investment, and other purposes connected with the Corporation's

power business, having due regard for the primary objectives of the

chapter, including the objective that power shall be sold at rates

as low as are feasible. In order to protect the investment of

holders of the Corporation's securities and the appropriation

investment as defined in subsection (e) of this section, the

Corporation, during each successive five-year period beginning with

the five-year period which commences on July 1 of the first full

fiscal year after the effective date of this section, shall apply

net power proceeds either in reduction (directly or through

payments into reserve or sinking funds) of its capital obligations,

including bonds and the appropriation investment, or to

reinvestment in power assets, at least to the extent of the

combined amount of the aggregate of the depreciation accruals and

other charges representing the amortization of capital expenditures

applicable to its power properties plus the net proceeds realized

from any disposition of power facilities in said period. As of

October 1, 1975, the five-year periods described herein shall be

computed as beginning on October 1 of that year and of each fifth

year thereafter.

(g) Power property; lease and lease-purchase agreements

Power generating and related facilities operated by the

Corporation under lease and lease-purchase agreements shall

constitute power property held by the Corporation within the

meaning of section 831l of this title, but that portion of the

payment due for any fiscal year under said section 831l of this

title to a State where such facilities are located which is

determined or estimated by the Board to result from holding such

facilities or selling electric energy generated thereby shall be

reduced by the amount of any taxes or tax equivalents applicable to

such fiscal year paid by the owners or others on account of said

facilities to said State and to local taxing jurisdictions

therein. In connection with the construction of a generating plant

or other facilities under an agreement providing for lease or

purchase of said facilities or any interest therein by or on behalf

of the Corporation, or for the purchase of the output thereof, the

Corporation may convey, in the name of the United States by deed,

lease, or otherwise, any real property in its possession or

control, may perform necessary engineering and construction work

and other services, and may enter into any necessary contractual

arrangements.

(h) Congressional declaration of intent

It is declared to be the intent of this section to aid the

Corporation in discharging its responsibility for the advancement

of the national defense and the physical, social and economic

development of the area in which it conducts its operations by

providing it with adequate authority and administrative flexibility

to obtain the necessary funds with which to assure an ample supply

of electric power for such purposes by issuance of bonds and as

otherwise provided herein, and this section shall be construed to

effectuate such intent.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 15d, as added Pub. L. 86-137, Sec. 1,

Aug. 6, 1959, 73 Stat. 280; amended Pub. L. 86-157, Aug. 14, 1959,

73 Stat. 338; Pub. L. 89-537, Aug. 12, 1966, 80 Stat. 346; Pub. L.

91-446, Oct. 14, 1970, 84 Stat. 915; Pub. L. 94-139, Sec. 1, Nov.

28, 1975, 89 Stat. 750; Pub. L. 94-273, Sec. 2(30), 35(a), Apr. 21,

1976, 90 Stat. 376, 380; Pub. L. 96-97, Oct. 31, 1979, 93 Stat.

730.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this Act, referred to in subsec. (a), and

''the effective date of this section'', referred to in subsec. (f),

probably means the effective date of Pub. L. 86-137, which was

approved Aug. 6, 1959.

Title II of the Government Corporations Appropriation Act, 1948,

referred to in subsec. (e), means title II of act July 30, 1947,

ch. 358, 61 Stat. 576, which was not classified to the Code.

-COD-

CODIFICATION

In subsecs. (b) and (c), ''subchapter II of chapter 15 of title

31'', ''chapter 31 of title 31'', and ''sections 9105 and 9106 of

title 31'' substituted for ''Revised Statutes 3679, as amended (31

U.S.C. 665)'', ''the Second Liberty Bond Act, as amended'', and

''sections 105 and 106 of the Act of December 6, 1945 (59 Stat.

599; 31 U.S.C. 850-851)'', 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.

-MISC3-

AMENDMENTS

1979 - Subsec. (a). Pub. L. 96-97 substituted ''$30,000,000,000''

for ''$15,000,000,000''.

1976 - Subsec. (e). Pub. L. 94-273, Sec. 2(30), substituted

''September'' for ''June''.

Subsec. (f). Pub. L. 94-273, Sec. 35(a), inserted provision

relating to computation of five-year periods as of Oct. 1, 1975.

1975 - Subsec. (a). Pub. L. 94-139, Sec. 1(a), substituted

''$15,000,000,000'' for ''$5,000,000,000''.

Subsec. (e). Pub. L. 94-139, Sec. 1(b), struck out ''December 31

and'' before ''June 30''.

1970 - Subsec. (a). Pub. L. 91-446 substituted ''$5,000,000,000''

for ''$1,750,000,000''.

1966 - Subsec. (a). Pub. L. 89-537 increased the limitation on

the amount of revenue bonds the TVA may issue and sell from

$750,000,000 to $1,750,000,000.

1959 - Subsec. (a). Pub. L. 86-157 struck out proviso relating to

the transmission of the power construction program to the Congress

by the President with the budget estimates, and the provision for

withholding initiation of construction of new power producing

projects until the construction program of the Corporation has been

before Congress in session for ninety calendar days.

-TRANS-

TRANSFER OF FUNCTIONS

Atomic Energy Commission abolished and functions transferred by

sections 5814 and 5841 of Title 42, The Public Health and Welfare.

See also Transfer of Functions notes set out under those sections.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 824k of this title.

-CITE-

16 USC Sec. 831o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831o. Completion of unfinished plants authorized

-STATUTE-

The board, whenever the President deems it advisable, is

empowered and directed to complete Dam Numbered 2 at Muscle Shoals,

Alabama, and the steam plant at nitrate plant numbered 2, in the

vicinity of Muscle Shoals, by installing in Dam Numbered 2 the

additional power units according to the plans and specifications of

said dam, and the additional power unit in the steam plant at

nitrate plant numbered 2.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 16, 48 Stat. 67.)

-CITE-

16 USC Sec. 831p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831p. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 648

-MISC1-

Section, act May 18, 1933, ch. 32, Sec. 17, 48 Stat. 67,

authorized construction of the Cove Creek Dam across Clinch River.

-CITE-

16 USC Sec. 831q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831q. Eminent domain; contracts for relocation of railroads,

highways, industrial plants, etc.

-STATUTE-

In order to enable and empower the Secretary of the Army, the

Secretary of the Interior, or the board to carry out the authority

conferred in this chapter, in the most economical and efficient

manner, he or it is authorized and empowered in the exercise of the

powers of national defense in aid of navigation, and in the control

of the flood waters of the Tennessee and Mississippi Rivers,

constituting channels of interstate commerce, to exercise the right

of eminent domain for all purposes of this chapter, and to condemn

all lands, easements, rights of way, and other area necessary in

order to obtain a site for said Cove Creek Dam, and the flowage

rights for the reservoir of water above said dam, and to negotiate

and conclude contracts with States, counties, municipalities, and

all State agencies and with railroads, railroad corporations,

common carriers, and all public utility commissions and any other

person, firm, or corporation, for the relocation of railroad

tracks, highways, highway bridges, mills, ferries, electric-light

plants, and any and all other properties, enterprises, and projects

whose removal may be necessary in order to carry out the provisions

of this chapter. When said Cove Creek Dam, transmission line, and

power house shall have been completed, the possession, use, and

control thereof shall be intrusted to the Corporation for use and

operation in connection with the general Tennessee Valley project,

and to promote flood control and navigation in the Tennessee River.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 18, 48 Stat. 67; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501.)

-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-

COMPLETION OF DAM

The site for the Cove Creek Dam has been obtained and the dam

completed.

-CITE-

16 USC Sec. 831r 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831r. Patents; access to Patent and Trademark Office and right

to copy patents; compensation to patentees

-STATUTE-

The Corporation, as an instrumentality and agency of the

Government of the United States for the purpose of executing its

constitutional powers, shall have access to the United States

Patent and Trademark Office for the purpose of studying,

ascertaining, and copying all methods, formula, and scientific

information (not including access to pending applications for

patents) necessary to enable the Corporation to use and employ the

most efficacious and economical process for the production of fixed

nitrogen, or any essential ingredient of fertilizer, or any method

of improving and cheapening the production of hydroelectric power,

and any owner of a patent whose patent rights may have been thus in

any way copied, used, infringed, or employed by the exercise of

this authority by the Corporation shall have as the exclusive

remedy a cause of action against the Corporation to be instituted

and prosecuted on the equity side of the appropriate district court

of the United States, for the recovery of reasonable compensation

for such infringement. The Under Secretary of Commerce for

Intellectual Property and Director of the United States Patent and

Trademark Office shall furnish to the Corporation, at its request

and without payment of fees, copies of documents on file in his

office: Provided, That the benefits of this section shall not apply

to any art, machine, method of manufacture, or composition of

matter, discovered or invented by such employee during the time of

his employment or service with the Corporation or with the

Government of the United States.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 19, 48 Stat. 68; Pub. L. 106-113, div.

B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(7)), Nov. 29, 1999, 113

Stat. 1536, 1501A-583.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-113 substituted ''United States Patent and

Trademark Office'' for ''Patent Office of the United States'' and

''Under Secretary of Commerce for Intellectual Property and

Director of the United States Patent and Trademark Office'' for

''Commissioner of Patents''.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

-CITE-

16 USC Sec. 831s 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831s. Possession by Government in time of war; damages to

contract holders

-STATUTE-

The Government of the United States reserves the right, in case

of war or national emergency declared by Congress, to take

possession of all or any part of the property described or referred

to in this chapter for the purpose of manufacturing explosives or

for other war purposes; but, if this right is exercised by the

Government, it shall pay the reasonable and fair damages that may

be suffered by any party whose contract for the purchase of

electric power or fixed nitrogen or fertilizer ingredients is

violated, after the amount of the damages has been fixed by the

United States Court of Federal Claims in proceedings instituted and

conducted for that purpose under rules prescribed by the court.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 20, 48 Stat. 68; Pub. L. 97-164, title

I, Sec. 161(2), Apr. 2, 1982, 96 Stat. 49; Pub. L. 102-572, title

IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-572 substituted ''United States Court of

Federal Claims'' for ''United States Claims Court''.

1982 - Pub. L. 97-164 substituted ''Claims Court'' for ''Court of

Claims''.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of this section, the date July 25, 1947,

shall be deemed to be the date of termination of any state of war

theretofore declared by Congress and of the national emergencies

proclaimed by the President on September 8, 1939, and May 27, 1941.

-CITE-

16 USC Sec. 831t 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831t. Offenses; fines and punishment

-STATUTE-

(a) Larceny, embezzlement and conversion

All general penal statutes relating to the larceny, embezzlement,

conversion, or to the improper handling, retention, use, or

disposal of public moneys or property of the United States, shall

apply to the moneys and property of the Corporation and to moneys

and properties of the United States intrusted to the Corporation.

(b) False entry, report or statement

Any person who, with intent to defraud the Corporation, or to

deceive any director, officer, or employee of the Corporation or

any officer or employee of the United States (1) makes any false

entry in any book of the Corporation, or (2) makes any false report

or statement for the Corporation, shall, upon conviction thereof,

be fined not more than $10,000 or imprisoned not more than five

years, or both.

(c) Conspiracy to defraud

Any person who shall receive any compensation, rebate, or reward,

or shall enter into any conspiracy, collusion, or agreement,

express or implied, with intent to defraud the Corporation or

wrongfully and unlawfully to defeat its purposes, shall, on

conviction thereof, be fined not more than $5,000 or imprisoned not

more than five years, or both.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 21, 48 Stat. 68.)

-CITE-

16 USC Sec. 831u 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831u. Surveys; cooperation with States or other agencies

-STATUTE-

To aid further the proper use, conservation, and development of

the natural resources of the Tennessee River drainage basis and of

such adjoining territory as may be related to or materially

affected by the development consequent to this chapter, and to

provide for the general welfare of the citizens of said areas, the

President is authorized, by such means or methods as he may deem

proper within the limits of appropriations made therefor by

Congress, to make such surveys of and general plans for said

Tennessee basin and adjoining territory as may be useful to the

Congress and to the several States in guiding and controlling the

extent, sequence, and nature of development that may be equitably

and economically advanced through the expenditure of public funds,

or through the guidance or control of public authority, all for the

general purpose of fostering an orderly and proper physical,

economic, and social development of said areas; and the President

is further authorized in making said surveys and plans to cooperate

with the States affected thereby, or subdivisions or agencies of

such States, or with cooperative or other organizations, and to

make such studies, experiments, or demonstrations as may be

necessary and suitable to that end.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 22, 48 Stat. 69.)

-EXEC-

EX. ORD. NO. 6161. CONSERVATION AND DEVELOPMENT OF THE NATURAL

RESOURCES OF THE TENNESSEE RIVER DRAINAGE BASIN

Ex. Ord. No. 6161, June 8, 1933, provided:

In accordance with the provisions of section 22 and section 23 of

the Tennessee Valley Authority Act of 1933 (sections 831u and 831v

of this title), the President hereby authorizes and directs the

Board of Directors of the Tennessee Valley Authority to make such

surveys, general plans, studies, experiments, and demonstrations as

may be necessary and suitable to aid the proper use, conservation,

and development of the natural resources of the Tennessee River

drainage basin, and of such adjoining territory as may be related

to or materially affected by the development consequent to this

act, and to promote the general welfare of the citizens of said

area; within the limits of appropriations made therefor by

Congress. Franklin D. Roosevelt.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 831v of this title.

-CITE-

16 USC Sec. 831v 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831v. Legislation to carry out purposes of chapter;

recommendation by President

-STATUTE-

The President shall, from time to time, as the work provided for

in section 831u of this title progresses, recommend to Congress

such legislation as he deems proper to carry out the general

purposes stated in said section, and for the especial purpose of

bringing about in said Tennessee drainage basin and adjoining

territory in conformity with said general purposes (1) the maximum

amount of flood control; (2) the maximum development of said

Tennessee River for navigation purposes; (3) the maximum generation

of electric power consistent with flood control and navigation; (4)

the proper use of marginal lands; (5) the proper method of

reforestation of all lands in said drainage basin suitable for

reforestation; and (6) the economic and social well-being of the

people living in said river basin.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 23, 48 Stat. 69.)

-CITE-

16 USC Sec. 831w 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831w. Acquisition of real or personal property; payment by

delivery of power; sale or lease of vacant land for industrial

purposes

-STATUTE-

For the purpose of securing any rights of flowage, or obtaining

title to or possession of any property, real or personal, that may

be necessary or may become necessary, in the carrying out of any of

the provisions of this chapter, the President of the United States

for a period of three years from May 18, 1933, is authorized to

acquire title in the name of the United States to such rights or

such property, and to provide for the payment for same by directing

the board to contract to deliver power generated at any of the

plants now owned or hereafter owned or constructed by the

Government or by said Corporation, such future delivery of power to

continue for a period not exceeding thirty years. Likewise, for

one year after May 18, 1933, the President is further authorized to

sell or lease any parcel or part of any vacant real estate now

owned by the Government in said Tennessee River Basin, to persons,

firms, or corporations who shall contract to erect thereon

factories or manufacturing establishments, and who shall contract

to purchase of said Corporation electric power for the operation of

any such factory or manufacturing establishment. No contract shall

be made by the President for the sale of any of such real estate as

may be necessary for present or future use on the part of the

Government for any of the purposes of this chapter. Any such

contract made by the President of the United States shall be

carried out by the board: Provided, That no such contract shall be

made that will in any way abridge or take away the preference right

to purchase power given in this chapter to States, counties,

municipalities, or farm organizations: Provided further, That no

lease shall be for a term to exceed fifty years: Provided further,

That any sale shall be on condition that said land shall be used

for industrial purposes only.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 24, 48 Stat. 69.)

-CITE-

16 USC Sec. 831x 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831x. Condemnation proceedings; institution by Corporation;

venue

-STATUTE-

The Corporation may cause proceedings to be instituted for the

acquisition by condemnation of any lands, easements, or

rights-of-way which, in the opinion of the Corporation, are

necessary to carry out the provisions of this chapter. The

proceedings shall be instituted in the United States district court

for the district in which the land, easement, right-of-way, or

other interest, or any part thereof, is located, and such court

shall have full jurisdiction to divest the complete title to the

property sought to be acquired out of all persons or claimants and

vest the same in the United States in fee simple, and to enter a

decree quieting the title thereto in the United States of America.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 25, 48 Stat. 70; July 12, 1952, ch.

700, 66 Stat. 591; Pub. L. 90-536, Sec. 1, Sept. 28, 1968, 82 Stat.

885.)

-MISC1-

AMENDMENTS

1968 - Pub. L. 90-536 repealed six paragraphs following initial

paragraph which provided as follows: appointment of three

commissioners, oath as to absence of interest, and per diem for

services and subsistence, and transportation expenses; duties of

commissioners as to valuation of lands, conduct of hearings, taking

of evidence, administration of oaths, subpoena of witnesses,

submission of report as to value of land, and notice of award to

parties; hearing de novo of exceptions to award by three Federal

district judges and judicial award; disposition upon record after

appeal from decision of judges; passage of title and possession to

property and enforcement by writ of dispossession; and legal

representatives for minors, insane or incompetents, and estates of

deceased, or guardians ad litem for wards.

1952 - Act July 12, 1952, increased the commissioners' per diem

from $15 to $30, their sustenance from $5 to $10 a day, and allowed

them 7 cents mileage.

EFFECTIVE DATE OF 1968 AMENDMENT

Section 2 of Pub. L. 90-536 provided that: ''The amendment made

by this Act (amending this section) shall be effective only with

respect to condemnation proceedings initiated after thirty days

following the date of enactment of this Act (Sept. 28, 1968).''

-CITE-

16 USC Sec. 831y 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831y. Net proceeds over expense payable into Treasury

-STATUTE-

Commencing July 1, 1936, the proceeds for each fiscal year

derived by the Board from the sale of power or any other products

manufactured by the Corporation, and from any other activities of

the Corporation including the disposition of any real or personal

property, shall be paid into the Treasury of the United States on

March 31 of each year, save and except such part of such proceeds

as in the opinion of the Board shall be necessary for the

Corporation in the operation of dams and reservoirs, in conducting

its business in generating, transmitting, and distributing electric

energy and in manufacturing, selling, and distributing fertilizer

and fertilizer ingredients. A continuing fund of $1,000,000 is

also excepted from the requirements of this section and may be

withheld by the Board to defray emergency expenses and to insure

continuous operation: Provided, That nothing in this section shall

be construed to prevent the use by the Board, after June 30, 1936,

of proceeds accruing prior to July 1, 1936, for the payment of

obligations lawfully incurred prior to such latter date.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 26, 48 Stat. 71; Aug. 31, 1935, ch.

836, Sec. 10, 49 Stat. 1079; Pub. L. 94-273, Sec. 35(b), Apr. 21,

1976, 90 Stat. 380.)

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-273 substituted ''on March 31 of each year''

for ''at the end of each calendar year''.

1935 - Act Aug. 31, 1935, amended section generally.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 831n-4 of this title;

title 31 section 9104.

-CITE-

16 USC Sec. 831y-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831y-1. Approval of plans by Board as condition precedent to

construction and operation; restraining action without

approval; other laws unaffected

-STATUTE-

The unified development and regulation of the Tennessee River

system requires that no dam, appurtenant works, or other

obstruction, affecting navigation, flood control, or public lands

or reservations shall be constructed, and thereafter operated or

maintained across, along, or in the said river or any of its

tributaries until plans for such construction, operation, and

maintenance shall have been submitted to and approved by the Board;

and the construction, commencement of construction, operation, or

maintenance of such structures without such approval is

prohibited. When such plans shall have been approved, deviation

therefrom either before or after completion of such structures is

prohibited unless the modification of such plans has previously

been submitted to and approved by the Board.

In the event the Board shall, within sixty days after their

formal submission to the Board, fail to approve any plans or

modifications, as the case may be, for construction, operation, or

maintenance of any such structures on the Little Tennessee River,

the above requirements shall be deemed satisfied, if upon

application to the Secretary of the Army, with due notice to the

Corporation, and hearing thereon, such plans or modifications are

approved by the said Secretary of the Army as reasonably adequate

and effective for the unified development and regulation of the

Tennessee River system.

Such construction, commencement of construction, operation, or

maintenance of any structures or parts thereof in violation of the

provisions of this section may be prevented, and the removal or

discontinuation thereof required by the injunction or order of any

district court exercising jurisdiction in any district in which

such structures or parts thereof may be situated, and the

Corporation is authorized to bring appropriate proceedings to this

end.

The requirements of this section shall not be construed to be a

substitute for the requirements of any other law of the United

States or of any State, now in effect or hereafter enacted, but

shall be in addition thereto, so that any approval, license,

permit, or other sanction now or hereafter required by the

provisions of any such law for the construction, operation, or

maintenance of any structures whatever, except such as may be

constructed, operated, or maintained by the Corporation, shall be

required, notwithstanding the provisions of this section.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 26a, as added Aug. 31, 1935, ch. 836,

Sec. 11, 49 Stat. 1079; amended July 26, 1947, ch. 343, title II,

Sec. 205(a), 61 Stat. 501.)

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 33 section 2106.

-CITE-

16 USC Sec. 831z 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831z. Authorization of appropriations

-STATUTE-

All appropriations necessary to carry out the provisions of this

chapter are authorized.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 27, 48 Stat. 71.)

-CITE-

16 USC Sec. 831aa 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831aa. Laws repealed

-STATUTE-

All acts or parts of acts in conflict with this chapter are

repealed, so far as they affect the operations contemplated by this

chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 28, 48 Stat. 71.)

-CITE-

16 USC Sec. 831bb 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831bb. Reservation of right to amend or repeal

-STATUTE-

The right to alter, amend, or repeal this chapter is expressly

declared and reserved, but no such amendment or repeal shall

operate to impair the obligation of any contract made by said

Corporation under any power conferred by this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 29, 48 Stat. 72.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 460lll-49, 831ee of this

title.

-CITE-

16 USC Sec. 831cc 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831cc. Separability

-STATUTE-

The sections of this chapter are declared to be separable, and in

the event any one or more sections of this chapter be held to be

unconstitutional, the same shall not affect the validity of other

sections of this chapter.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 30, 48 Stat. 72; Aug. 31, 1935, ch.

836, Sec. 15, 49 Stat. 1081.)

-MISC1-

AMENDMENTS

1935 - Act Aug. 31, 1935, reenacted provisions of this section

without change.

-CITE-

16 USC Sec. 831dd 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831dd. Liberal construction of chapter; sale of surplus lands

-STATUTE-

This chapter shall be liberally construed to carry out the

purposes of Congress to provide for the disposition of and make

needful rules and regulations respecting Government properties

entrusted to the Authority, provide for the national defense,

improve navigation, control destructive floods, and promote

interstate commerce and the general welfare, but no real estate

shall be held except what is necessary in the opinion of the Board

to carry out plans and projects actually decided upon requiring the

use of such land: Provided, That any land purchased by the

Authority and not necessary to carry out plans and projects

actually decided upon shall be sold by the Authority as agent of

the United States, after due advertisement, at public auction to

the highest bidder.

-SOURCE-

(May 18, 1933, ch. 32, Sec. 31, as added Aug. 31, 1935, ch. 836,

Sec. 12, 49 Stat. 1080.)

-COD-

CODIFICATION

As originally enacted, the last sentence of this section

contained, at the end thereof, the words ''or at private sale as

provided in section 3 of this amendatory Act.'' Section 3 of the

amendatory act of Aug. 31, 1935, added subsec. (k) to section 831c

of this title.

-CITE-

16 USC Sec. 831ee 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12A - TENNESSEE VALLEY AUTHORITY

-HEAD-

Sec. 831ee. Tennessee Valley Authority

-STATUTE-

For essential stewardship activities for which appropriations

were provided to the Tennessee Valley Authority in Public Law

104-206, such sums as are necessary in fiscal year 1999 and

thereafter, to be derived only from one or more of the following

sources: nonpower fund balances and collections; investment returns

of the nonpower program; applied programmatic savings in the power

and nonpower programs; savings from the suspension of bonuses and

awards; savings from reductions in memberships and contributions;

increases in collections resulting from nonpower activities,

including user fees; or increases in charges to private and public

utilities both investor and cooperatively owned, as well as to

direct load customers: Provided, That such funds are available to

fund the stewardship activities under this section, notwithstanding

sections 11, 14, 15, 29 (16 U.S.C. 831j, 831m, 831n, 831bb), or

other provisions of the Tennessee Valley Authority Act (16 U.S.C.

831 et seq.), as amended, or provisions of the TVA power bond

covenants: Provided further, That the savings from, and revenue

adjustments to, the TVA budget in fiscal year 1999 and thereafter

shall be sufficient to fund the aforementioned stewardship

activities such that the net spending authority and resulting

outlays for these activities shall not exceed $0 in fiscal year

1999 and thereafter.

-SOURCE-

(Pub. L. 105-62, title IV, Oct. 13, 1997, 111 Stat. 1338.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 104-206, referred to in text, is Pub. L. 104-206,

Sept. 30, 1996, 110 Stat. 2984, known as the Energy and Water

Development Appropriations Act, 1997. For complete classification

of this Act to the Code, see Tables.

The Tennessee Valley Authority Act, referred to in text, probably

means the Tennessee Valley Authority Act of 1933, act May 18, 1933,

ch. 32, 48 Stat. 58, as amended, which is classified generally to

this chapter. For complete classification of this Act to the Code,

see section 831 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1998, and not as part of the Tennessee Valley

Authority Act of 1933 which comprises this chapter.

-CITE-