-CITE-

16 USC CHAPTER 12B - BONNEVILLE PROJECT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

.

-HEAD-

CHAPTER 12B - BONNEVILLE PROJECT

-MISC1-

Sec.

832. Completion and maintenance of project; generation of

electricity.

832a. General administrative provisions.

(a) Appointment of Administrator; powers and duties.

(b) Electric transmission lines and equipment.

(c) Acquisition of property.

(d) Condemnation.

(e) Disposal of property.

(f) Contracts.

832a-1. Repealed.

832b. Definitions.

832c. Distribution of electricity; preference to public bodies and

cooperatives.

(a) General provisions.

(b) Prior to January 1, 1942; subsequent thereto.

(c) Allowance of time for financing.

(d) Congressional declaration of policy; allowance of

time for creation and organization.

832d. Contracts for sale of electricity.

(a) Authorization of Administrator; contents of

contracts.

(b) Exchange of excess power.

832e. Rate schedules.

832f. Elements in determining rates.

832g. Purchase of supplies and services.

832h. Miscellaneous administrative provisions.

(a) Accounts; audit; procedures, etc., prescribed.

(b) Current expenses.

832i. Employment of personnel.

(a) Appointment of Assistant Administrator, chief

engineer, and general counsel; compensation;

duties.

(b) Officers and employees; compensation.

(c) Voluntary and uncompensated services; utilization

of personnel and equipment of other

governmental agencies.

832j. Deposit of receipts; authorization of appropriations.

832k. Authority of Administrator.

(a) Settlement, compromise, and payment of claims;

limitations; conclusiveness of settlements;

restoration of damage.

(b) Authorization to bring legal proceedings;

representation; supervision by Attorney

General.

832l. Separability.

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

within Federal Columbia River Power System; residential exchange;

personnel flexibility.

(a) Definitions.

(b) Sale of excess Federal power.

(c) Study by Council.

(d) Corps of Engineers procurement.

(e) Residential exchange.

(f) Personnel flexibility.

(g) Savings.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 839c, 839e, 837f of this

title; title 40 section 113; title 42 section 7152.

-CITE-

16 USC Sec. 832 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832. Completion and maintenance of project; generation of

electricity

-STATUTE-

For the purpose of improving navigation on the Columbia River,

and for other purposes incidental thereto, the dam, locks, power

plant, and appurtenant works under construction on August 20, 1937,

at Bonneville, Oregon and North Bonneville, Washington (called

Bonneville project in this chapter), shall be completed,

maintained, and operated under the direction of the Secretary of

the Army and the supervision of the Chief of Engineers, subject to

the provisions of this chapter relating to the powers and duties of

the Bonneville power administrator provided for in section 832a(a)

of this title (called the administrator in this chapter) respecting

the transmission and sale of electric energy generated at said

project. The Secretary of the Army shall provide, construct,

operate, maintain, and improve at Bonneville project such

machinery, equipment, and facilities for the generation of electric

energy as the administrator may deem necessary to develop such

electric energy as rapidly as markets may be found therefor. The

electric energy thus generated and not required for the operation

of the dam and locks at such project and the navigation facilities

employed in connection therewith shall be delivered to the

administrator, for disposition as provided in this chapter.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 1, 50 Stat. 731; 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 a Secretary of the Army.

-MISC4-

SHORT TITLE

Act Aug. 20, 1937, ch. 720, 50 Stat. 731, which enacted this

chapter, is popularly known as the ''Bonneville Project Act of

1937''.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 832f of title.

-CITE-

16 USC Sec. 832a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832a. General administrative provisions

-STATUTE-

(a) Appointment of Administrator; powers and duties

The electric energy generated in the operation of the said

Bonneville project shall be disposed of by the said administrator

as provided in this chapter. The administrator shall be appointed

by the Secretary of Energy; shall be responsible to said Secretary

of Energy; and shall maintain his principal office at a place

selected by him in the vicinity of the Bonneville project.

The Administrator shall, as in this chapter provided, make all

arrangements for the sale and disposition of electric energy

generated at Bonneville project not required for the operation of

the dam and locks at such project and the navigation facilities

employed in connection therewith. He shall act in consultation

with the Secretary of Energy. The form of administration

established in this chapter for the Bonneville project is intended

to be provisional pending the establishment of a permanent

administration for Bonneville and other projects in the Columbia

River Basin. The Secretary of the Army shall install and maintain

additional machinery, equipment, and facilities for the generation

of electric energy at the Bonneville project when in the judgment

of the administrator such additional generating facilities are

desirable to meet actual or potential market requirements for such

electric energy. The Secretary of the Army shall schedule the

operations of the several electrical generating units and

appurtenant equipment of the Bonneville project in accordance with

the requirements of the administrator. The Secretary of the Army

shall provide and maintain for the use of the administrator at said

Bonneville project adequate station space and equipment, including

such switches, switchboards, instruments, and dispatching

facilities as may be required by the administrator for proper

reception, handling, and dispatching of the electric energy

produced at the said project, together with transformers and other

equipment required by the administrator for the transmission of

such energy from that place at suitable voltage to the markets

which the administrator desires to serve.

The office of the Administrator of the Bonneville project is

constituted an office in the Department of Energy and shall be

under the jurisdiction and control of the Secretary of Energy. All

functions vested in the Administrator of the Bonneville project

under this chapter may be exercised by the Secretary of Energy and,

subject to his supervision and direction, by the Administrator and

other personnel of the project.

(b) Electric transmission lines and equipment

In order to encourage the widest possible use of all electric

energy that can be generated and marketed and to provide reasonable

outlets therefor, and to prevent the monopolization thereof by

limited groups, the administrator is authorized and directed to

provide, construct, operate, maintain, and improve such electric

transmission lines and substations, and facilities and structures

appurtenant thereto, as he finds necessary, desirable, or

appropriate for the purpose of transmitting electric energy,

available for sale, from the Bonneville project to existing and

potential markets, and, for the purpose of interchange of electric

energy, to interconnect the Bonneville project with other Federal

projects and publicly owned power systems constructed on or after

August 20, 1937.

(c) Acquisition of property

The administrator is authorized, in the name of the United

States, to acquire, by purchase, lease, condemnation, or donation,

such real and personal property, or any interest therein, including

lands, easements, rights-of-way, franchises, electric transmission

lines, substations, and facilities and structures appurtenant

thereto, as the administrator finds necessary or appropriate to

carry out the purposes of this chapter. Title to all property and

property rights acquired by the administrator shall be taken in the

name of the United States.

(d) Condemnation

The administrator shall have power to acquire any property or

property rights, including patent rights, which in his opinion are

necessary to carry out the purposes of this chapter, by the

exercise of the right of eminent domain and to institute

condemnation proceedings therefor in the same manner as is provided

by law for the condemnation of real estate.

(e) Disposal of property

The administrator is authorized, in the name of the United

States, to sell, lease, or otherwise dispose of such personal

property as in his judgment is not required for the purposes of

this chapter and such real property and interests in land acquired

in connection with construction or operation of electric

transmission lines or substations as in his judgment are not

required for the purposes of this chapter: Provided, however, That

before the sale, lease, or disposition of real property or

transmission lines, as herein provided, the administrator shall

secure the approval of the President of the United States.

(f) Contracts

Subject only to the provisions of this chapter, the Administrator

is authorized to enter into such contracts, agreements, and

arrangements, including the amendment, modification, adjustment, or

cancelation (FOOTNOTE 1) thereof and the compromise or final

settlement of any claim arising thereunder, and to make such

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

he may deem necessary.

(FOOTNOTE 1) So in original. Probably should be

''cancellation''.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 2, 50 Stat. 732; Mar. 6, 1940, ch.

47, Sec. 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, Sec. 1, 5, 59

Stat. 546, 547; July 26, 1947, ch. 343, title II, Sec. 205(a), 61

Stat. 501; 1965 Reorg. Plan No. 4, Sec. 11(c), 13(a), eff. July

27, 1965, 30 F.R. 9353, 79 Stat. 1321; Pub. L. 95-91, title III,

Sec. 302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.)

-COD-

CODIFICATION

Provisions of the first par. of subsec. (a) which prescribed the

compensation of the Administrator were omitted as compensation of

the Administrator is prescribed by section 5316 of Title 5,

Government Organization and Employees.

-MISC3-

AMENDMENTS

1945 - Subsec. (a). Act Oct. 23, 1945, Sec. 5, struck out

provisions relating to the appointment and compensation of an

Assistant Administrator, chief engineer and general counsel and to

the powers and duties of the Assistant Administrator. See section

832i of this title.

Subsec. (f). Act Oct. 23, 1945, Sec. 1, substituted ''is

authorized to enter into such contracts, agreements, and

arrangements, including the amendment, modification, adjustment, or

cancelation thereof and the compromise or final settlement of any

claim arising thereunder, and to make such expenditures, upon such

terms and conditions and in such manner as he may deem necessary''

for ''is authorized, in the name of the United States, to negotiate

and enter into such contracts, agreements, and arrangements as he

shall find necessary or appropriate to carry out the purposes of

this chapter''.

1940 - Subsec. (a). Act Mar. 6, 1940, inserted provisions

relating to jurisdiction and functions of administrator.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued military Department of the Army under administrative

supervision of Secretary of the Army.

-MISC4-

REPEALS

Act Mar. 6, 1940, ch. 47, Sec. 1, 54 Stat. 47, cited as a credit

to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept.

6, 1966, 80 Stat. 650.

-TRANS-

TRANSFER OF FUNCTIONS

In subsec. (a), ''Secretary of Energy'' substituted for

''Secretary of the Interior'' in five places and ''Department of

Energy'' substituted for ''Department of the Interior'' pursuant to

Pub. L. 95-91, Sec. 302(a)(1)(D), (2), which is classified to

section 7152(a)(1)(D), (2) of Title 42, The Public Health and

Welfare, and which transferred functions of Secretary of the

Interior with respect to Bonneville Power Administration to

Secretary of Energy, with Bonneville Power Administration to be

preserved as a distinct organizational entity within Department of

Energy and headed by an Administrator.

Provisions of the second sentence of the second par. of subsec.

(a), which related to the advisory board and its composition, were

omitted pursuant to Reorg. Plan No. 4 of 1965, Sec. 11(c) and

13(a), set out in the Appendix to Title 5, Government Organization

and Employees, which abolished the advisory board and transferred

its functions, including the functions of the chairman and other

officers, to the Secretary of the Interior.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832, 838i, 839f of this

title.

-CITE-

16 USC Sec. 832a-1 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832a-1. Repealed. Pub. L. 88-426, title III, Sec. 305(36),

Aug. 14, 1964, 78 Stat. 427

-MISC1-

Section, Pub. L. 87-330, title II, Sec. 200, Sept. 30, 1961, 75

Stat. 728, prescribed the compensation of the Administrator,

Bonneville Power Administration, and is prescribed by section 5316

of Title 5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective on first day of first pay period which begins on

or after July 1, 1964, see section 501 of Pub. L. 88-426.

-CITE-

16 USC Sec. 832b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832b. Definitions

-STATUTE-

As employed in this chapter, the term ''public body'', or

''public bodies'', means States, public power districts, counties,

and municipalities, including agencies or subdivisions of any

thereof.

As employed in this chapter, the term ''cooperative'', or

''cooperatives'', means any form of nonprofit-making organization

or organizations of citizens supplying, or which may be created to

supply, members with any kind of goods, commodities, or services,

as nearly as possible at cost.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 3, 50 Stat. 733.)

-CITE-

16 USC Sec. 832c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832c. Distribution of electricity; preference to public bodies

and cooperatives

-STATUTE-

(a) General provisions

In order to insure that the facilities for the generation of

electric energy at the Bonneville project shall be operated for the

benefit of the general public, and particularly of domestic and

rural consumers, the administrator shall at all times, in disposing

of electric energy generated at said project, give preference and

priority to public bodies and cooperatives.

(b) Prior to January 1, 1942; subsequent thereto

To preserve and protect the preferential rights and priorities of

public bodies and cooperatives as provided in subsection (a) of

this section and to effectuate the intent and purpose of this

chapter that at all times up to January 1, 1942, there shall be

available for sale to public bodies and cooperatives not less than

50 per centum of the electric energy produced at the Bonneville

project, it shall be the duty of the administrator in making

contracts for the sale of such energy to so arrange such contracts

as to make such 50 per centum of such energy available to said

public bodies and cooperatives until January 1, 1942: Provided,

That the electric energy so reserved for but not actually purchased

by and delivered to such public bodies and cooperatives prior to

January 1, 1942, may be disposed of temporarily so long as such

temporary disposition will not interfere with the purchase by and

delivery to such public bodies and cooperatives at any time prior

to January 1, 1942: Provided further, That nothing herein contained

shall be construed to limit or impair the preferential and priority

rights of such public bodies or cooperatives after January 1, 1942;

and in the event that after such date there shall be conflicting or

competing applications for an allocation of electric energy between

any public body or cooperative on the one hand and a private agency

of any character on the other, the application of such public body

or cooperative shall be granted.

(c) Allowance of time for financing

An application by any public body or cooperative for an

allocation of electric energy shall not be denied, or another

application competing or in conflict therewith be granted, to any

private corporation, company, agency, or person, on the ground that

any proposed bond or other security issue of any such public body

or cooperative, the sale of which is necessary to enable such

prospective purchaser to enter into the public business of selling

and distributing the electric energy proposed to be purchased, has

not been authorized or marketed, until after a reasonable time, to

be determined by the administrator, has been afforded such public

body or cooperative to have such bond or other security issue

authorized or marketed.

(d) Congressional declaration of policy; allowance of time for

creation and organization

It is declared to be the policy of the Congress, as expressed in

this chapter, to preserve the said preferential status of the

public bodies and cooperatives herein referred to, and to give to

the people of the States within economic transmission distance of

the Bonneville project reasonable opportunity and time to hold any

election or elections or take any action necessary to create such

public bodies and cooperatives as the laws of such States authorize

and permit, and to afford such public bodies or cooperatives

reasonable time and opportunity to take any action necessary to

authorize the issuance of bonds or to arrange other financing

necessary to construct or acquire necessary and desirable electric

distribution facilities, and in all other respects legally to

become qualified purchasers and distributors of electric energy

available under this chapter.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 4, 50 Stat. 733; Mar. 6, 1940, ch.

47, Sec. 3, 54 Stat. 47.)

-MISC1-

AMENDMENTS

1940 - Subsec. (b). Act Mar. 6, 1940, substituted ''January 1,

1942'' for ''January 1, 1941'' wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 839c of this title.

-CITE-

16 USC Sec. 832d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832d. Contracts for sale of electricity

-STATUTE-

(a) Authorization of Administrator; contents of contracts

Subject to the provisions of this chapter and to such rate

schedules as the Secretary of Energy may approve, as provided in

this chapter, the administrator shall negotiate and enter into

contracts for the sale at wholesale of electric energy, either for

resale or direct consumption, to public bodies and cooperatives and

to private agencies and persons and for the disposition of electric

energy to Federal agencies. Contracts for the sale of electric

energy to any private person or agency other than a privately owned

public utility engaged in selling electric energy to the general

public, shall contain a provision forbidding such private purchaser

to resell any of such electric energy so purchased to any private

utility or agency engaged in the sale of electric energy to the

general public, and requiring the immediate canceling of such

contract of sale in the event of violation of such provision.

Contracts entered into under this subsection shall be binding in

accordance with the terms thereof and shall be effective for such

period or periods, including renewals or extensions, as may be

provided therein, not exceeding in the aggregate twenty years from

the respective dates of the making of such contracts. Contracts

entered into under this subsection shall contain (1) such

provisions as the administrator and purchaser agree upon for the

equitable adjustment of rates at appropriate intervals, not less

frequently than once in every five years, and (2) in the case of a

contract with any purchaser engaged in the business of selling

electric energy to the general public, the contract shall provide

that the administrator may cancel such contract upon five years'

notice in writing if in the judgment of the administrator any part

of the electric energy purchased under such contract is likely to

be needed to satisfy the requirements of the said public bodies or

cooperatives referred to in this chapter, and that such cancelation

may be with respect to all or any part of the electric energy so

purchased under said contract to the end that the preferential

rights and priorities accorded public bodies and cooperatives under

this chapter shall at all times be preserved. Contracts entered

into with any utility engaged in the sale of electric energy to the

general public shall contain such terms and conditions, including

among other things stipulations concerning resale and resale rates

by any such utility, as the administrator may deem necessary,

desirable or appropriate to effectuate the purposes of this chapter

and to insure that resale by such utility to the ultimate consumer

shall be at rates which are reasonable and nondiscriminatory. Such

contracts shall also require such utility to keep on file in the

office of the administrator a schedule of all its rates and charges

to the public for electric energy and such alterations and changes

therein as may be put into effect by such utility.

(b) Exchange of excess power

The administrator is authorized to enter into contracts with

public or private power systems for the mutual exchange of unused

excess power upon suitable exchange terms for the purpose of

economical operation or of providing emergency or break-down

relief.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 5, 50 Stat. 734; Oct. 23, 1945, ch.

433, Sec. 2, 59 Stat. 546; Pub. L. 95-91, title III, Sec. 301(b),

Aug. 4, 1977, 91 Stat. 578.)

-MISC1-

AMENDMENTS

1945 - Subsec. (a). Act Oct. 23, 1945, inserted ''and for the

disposition of electric energy to Federal agencies'' in first

sentence.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Federal Power

Commission'' in subsec. (a) pursuant to Pub. L. 95-91, Sec. 301(b),

which is classified to section 7151(b) of Title 42, The Public

Health and Welfare.

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, with Bonneville Power

Administration to be preserved as a distinct organizational entity

within Department of Energy and headed by an Administrator.

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.

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.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 832m, 839c of this title.

-CITE-

16 USC Sec. 832e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832e. Rate schedules

-STATUTE-

Schedules of rates and charges for electric energy produced at

the Bonneville project and sold to purchasers as in this chapter

provided shall be prepared by the administrator and become

effective upon confirmation and approval thereof by the Secretary

of Energy; and such rates and charges shall also be applicable to

dispositions of electric energy to Federal agencies. Subject to

confirmation and approval by the Secretary of Energy, such rate

schedules may be modified from time to time by the administrator,

and shall be fixed and established with a view to encouraging the

widest possible diversified use of electric energy. The said rate

schedules may provide for uniform rates or rates uniform throughout

prescribed transmission areas in order to extend the benefits of an

integrated transmission system and encourage the equitable

distribution of the electric energy developed at the Bonneville

project.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 6, 50 Stat. 735; Oct. 23, 1945, ch.

433, Sec. 3, 59 Stat. 546; Pub. L. 95-91, title III, Sec. 301(b),

Aug. 4, 1977, 91 Stat. 578.)

-MISC1-

AMENDMENTS

1945 - Act Oct. 23, 1945, inserted ''and such rates and charges

shall also be applicable to dispositions of electric energy to

Federal agencies'' in first sentence.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Federal Power

Commission'' pursuant to Pub. L. 95-91, Sec. 301(b), which is

classified to section 7151(b) of Title 42, The Public Health and

Welfare.

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

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.

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. 832f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832f. Elements in determining rates

-STATUTE-

It is the intent of Congress that rate schedules for the sale of

electric energy which is or may be generated at the Bonneville

project in excess of the amount required for operating the dam,

locks, and appurtenant works at said project shall be determined

with due regard to and predicated upon the fact that such electric

energy is developed from water power created as an incident to the

construction of the dam in the Columbia River at the Bonneville

project for the purposes set forth in section 832 of this title.

Rate schedules shall be drawn having regard to the recovery (upon

the basis of the application of such rate schedules to the capacity

of the electric facilities of Bonneville project) of the cost of

producing and transmitting such electric energy, including the

amortization of the capital investment over a reasonable period of

years. Rates schedules shall be based upon an allocation of costs

made by the Secretary of Energy. In computing the cost of electric

energy developed from water power created as an incident to and a

byproduct of the construction of the Bonneville project, the

Secretary of Energy may allocate to the costs of electric

facilities such a share of the cost of facilities having joint

value for the production of electric energy and other purposes as

the power development may fairly bear as compared with such other

purposes.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 7, 50 Stat. 735; Pub. L. 95-91, title

III, Sec. 301(b), Aug. 4, 1977, 91 Stat. 578.)

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted in text for ''Federal Power

Commission'' pursuant to Pub. L. 95-91, Sec. 301(b), which is

classified to section 7151(b) of Title 42, The Public Health and

Welfare.

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.

-CITE-

16 USC Sec. 832g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832g. Purchase of supplies and services

-STATUTE-

Notwithstanding any other provision of law, all purchases and

contracts made by the administrator or the Secretary of the Army

for supplies or for services except for personal services, shall be

made after advertising, in such manner and at such times,

sufficiently in advance of opening bids, as the administrator or

Secretary of the Army, as the case may be, shall determine to be

adequate to insure notice and opportunity for competition. Such

advertisement shall not be required, however, 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 $500; in which cases such purchases of supplies or

procurement of services may be made in the open market in the

manner common among businessmen. In comparing bids and in making

awards, the administrator or the Secretary of the Army, as the case

may be, 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,

and ability to furnish repairs and maintenance services, the time

of delivery or performance offered, and whether the bidder has

complied with the specifications.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 8, 50 Stat. 735; 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.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

-CITE-

16 USC Sec. 832h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832h. Miscellaneous administrative provisions

-STATUTE-

(a) Accounts; audit; procedures, etc., prescribed

The administrator, subject to the requirements of the Federal

Power Act (16 U.S.C. 791a et seq.), shall keep complete and

accurate accounts of operations, including all funds expended and

received in connection with transmission and sale of electric

energy generated at the Bonneville project, and in the maintenance

of such accounts, appropriate obligations shall be established for

annual and sick leave of absence as earned. The Administrator

shall, after the close of each fiscal year, obtain an independent

commercial-type audit of such accounts. The forms, systems, and

procedures prescribed by the Comptroller General for the

Administrator's appropriation and fund accounting shall be in

accordance with the requirements of the Federal Power Act with

respect to accounts of electric operations of public utilities and

the regulations of the Federal Energy Regulatory Commission

pursuant thereto.

(b) Current expenses

The administrator may make such expenditures for offices,

vehicles, furnishings, equipment, supplies, and books; for

attendance at meetings; and for such other facilities and services

as he may find necessary for the proper administration of this

chapter.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 9, 50 Stat. 736; Oct. 23, 1945, ch.

433, Sec. 4, 59 Stat. 547; Pub. L. 89-448, Sec. 2(a), formerly Sec.

2, June 14, 1966, 80 Stat. 200, as renumbered Pub. L. 89-561, Sec.

6(1), Sept. 7, 1966, 80 Stat. 714; Pub. L. 95-91, title IV, Sec.

402(a)(1)(B), Aug. 4, 1977, 91 Stat. 583.)

-REFTEXT-

REFERENCES IN TEXT

Federal Power Act, referred to in subsec. (a), was in the

original the ''Federal Water Power Act'', and was redesignated the

Federal Power Act by section 791a of this title. The Federal Power

Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, and

is classified generally to chapter 12 (Sec. 791a et seq.) of this

title. For complete classification of this Act to the Code, see

section 791a of this title and Tables.

-MISC2-

AMENDMENTS

1966 - Subsec. (c). Pub. L. 89-448 repealed subsec. (c) which

provided for annual financial statement to Congress. See section

835j of this title.

1945 - Subsec. (a). Act Oct. 23, 1945, inserted provisions

relating to obligations for annual and sick leave of absence,

annual commercial-type audits and forms, systems and procedures for

the Administrator's appropriation and fund accounting.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

''Federal Energy Regulatory Commission'' substituted for

''Federal Power Commission'' in subsec. (a) pursuant to Pub. L.

95-91, Sec. 402(a)(1)(B), which is classified to section

7172(a)(1)(B) of Title 42.

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.

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. 832i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832i. Employment of personnel

-STATUTE-

(a) Appointment of Assistant Administrator, chief engineer, and

general counsel; compensation; duties

The Secretary of Energy shall appoint, without regard to the

civil-service laws, an Assistant Administrator, chief engineer, and

general counsel and shall fix the compensation of each in

accordance with chapter 51 and subchapter III of chapter 53 of

title 5. The Assistant Administrator shall perform the duties and

exercise the powers of the Administrator, in the event of the

absence or sickness of the Administrator until such absence or

sickness shall cease and in the event of a vacancy in the office of

Administrator until a successor is appointed

(b) Officers and employees; compensation

The Administrator, the Secretary of the Army, and the Secretary

of Energy, respectively, are authorized to appoint, subject to the

civil-service laws, such officers and employees as may be necessary

to carry out the purposes of this chapter, the appointment of whom

is not otherwise provided for, and to fix their compensation in

accordance with chapter 51 and subchapter III of chapter 53 of

title 5. The Administrator may employ laborers, mechanics, and

workmen in connection with construction work or the operation and

maintenance of electrical facilities (hereinafter called

''laborers, mechanics, and workmen''), subject to the civil-service

laws. The Administrator is further authorized to employ

physicians, under agreement and without regard to civil-service

laws or regulations, to make physical examinations of employees or

prospective employees who are or may become laborers, mechanics,

and workmen. The Administrator, the Secretary of the Army, and the

Secretary of Energy, respectively, are also authorized to appoint,

without regard to the civil-service laws, such experts as may be

necessary for carrying out the functions entrusted to them under

this chapter.

(c) Voluntary and uncompensated services; utilization of personnel

and equipment of other governmental agencies

The Administrator may accept and utilize such voluntary and

uncompensated services and with the consent of the agency concerned

may utilize such officers, employees, or equipment of any agency of

the Federal, State, or local governments which he finds helpful in

carrying out the purposes of this chapter; in connection with the

utilization of such services, reasonable payments may be allowed

for necessary travel and other expenses.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 10, 50 Stat. 736; Oct. 23, 1945, ch.

433, Sec. 5, 59 Stat. 547; July 26, 1947, ch. 343, title II, Sec.

205(a), 61 Stat. 501; Oct. 28, 1949, ch. 782, title XI, Sec.

1106(a), 63 Stat. 972; Pub. L. 95-91, title III, Sec. 301(b),

302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsecs. (a) and (b), are

set forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsecs. (a) and (b), ''chapter 51 and subchapter III of

chapter 53 of title 5'' substituted for ''the Classification Act of

1949, 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.

Provisions of the second and fourth sentences of subsec. (b)

which authorized the Administrator to fix the compensation of

laborers, mechanics and workmen without regard to the

Classification Act of 1923, and any other laws, rules, or

regulations relating to the payment of employees of the United

States and which authorized the Administrator, the Secretary of the

Army and the Secretary of Energy to fix the compensation of experts

without regard to the Classification Act of 1923, were omitted as

obsolete. Sections 1202 and 1204 of the Classification Act of

1949, 63 Stat. 972, 973, repealed the 1923 Act and all laws or

parts of laws inconsistent with the 1949 Act. While section 1106(a)

of the 1949 Act provided that references in other laws to the 1923

Act should be held and considered to mean the 1949 Act, it did not

have the effect of continuing the exceptions contained in this

subsection because of section 1106(b) which provided that the

application of the 1949 Act to any position, officer, or employee

shall not be affected by section 1106(a). (But see Abell v. United

States, 1975, 518 F.2d 1369, cert. denied 429 U.S. 817, and

Columbia Power Trades Council v. United States Department of

Energy, 1980, 496 F.Supp. 186.) The Classification Act of 1949 was

repealed by Act Sept. 6, 1966, Pub. L. 89-554, Sec. 8(a), 80 Stat.

632 (the first section of which revised and enacted Title 5,

Government Organization and Employees, into law). Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

-MISC3-

AMENDMENTS

1949 - Subsecs. (a) and (b). Act Oct. 28, 1949, substituted

''Classification Act of 1949'' for ''Classification Act of 1923''.

1945 - Act Oct. 23, 1945, added subsecs. (a) and (c), designated

existing provisions as subsec. (b), and amended such provisions

generally.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-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-

TRANSFER OF FUNCTIONS

''Secretary of Energy'' substituted for ''Secretary of the

Interior'' in subsec. (a) pursuant to Pub. L. 95-91, Sec.

302(a)(1)(D), (2), which is classified to section 7152(a)(1)(D),

(2) of Title 42, The Public Health and Welfare, which transferred

functions of Secretary of the Interior with respect to Bonneville

Power Administration to Secretary of Energy, with Bonneville Power

Administration to be preserved as a distinct organizational entity

within Department of Energy and headed by an Administrator.

''Secretary of Energy'' substituted for ''Federal Power

Commission'' in subsec. (b) pursuant to Pub. L. 95-91, Sec. 301(b),

which is classified to section 7151(b) of Title 42.

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.

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.

For transfer of functions of other officers, employees, and

agencies of Department of the Interior, with certain exceptions, to

Secretary of the Interior, with power to delegate, see Reorg. Plan

No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64

Stat. 1262, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 838i of this title.

-CITE-

16 USC Sec. 832j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832j. Deposit of receipts; authorization of appropriations

-STATUTE-

All receipts from transmission and sale of electric energy

generated at the Bonneville project shall be covered into the

Treasury of the United States to the credit of miscellaneous

receipts, save and except that the Treasury shall set up and

maintain from such receipts a continuing fund of $500,000, to the

credit of the administrator and subject to check by him, to defray

emergency expenses and to insure continuous operation. There is

authorized to be appropriated from time to time, out of moneys in

the Treasury not otherwise appropriated, such sums as may be

necessary to carry out the provisions of this chapter, including

installation of equipment and machinery for the generation of

electric energy and facilities for its transmission and sale.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 11, 50 Stat. 736.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

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 7193

of Title 42.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 838i of this title.

-CITE-

16 USC Sec. 832k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832k. Authority of Administrator

-STATUTE-

(a) Settlement, compromise, and payment of claims; limitations;

conclusiveness of settlements; restoration of damage

The Administrator is authorized to determine, settle, compromise,

and pay claims and demands against the United States which are not

in excess of $1,000 and are presented to the Administrator in

writing within one year from the date of accrual thereof, for any

losses, injuries, or damages to persons or property, or for the

death of persons, resulting from acts or omissions of employees

acting within the scope of their employment pursuant to this

chapter. The Administrator is also authorized to determine,

compromise, and settle any claims and demands of the United States

for any losses, injuries, or damages to property under the

Administrator's control, against other persons or public or private

corporations. The Administrator's determination, compromise,

settlement, or payment of any of the claims referred to in this

subsection shall be final and conclusive upon all officers of the

Government, notwithstanding the provisions of any other Act to the

contrary. When claims presented to the Administrator under this

subsection arise, in whole or in part, out of any damage done to

private property, the Administrator may repair all or any part of

such damage in lieu of making such payments.

(b) Authorization to bring legal proceedings; representation;

supervision by Attorney General

The Administrator may, in the name of the United States, under

the supervision of the Attorney General, bring such suits at law or

in equity as in his judgment may be necessary to carry out the

purposes of this chapter; and he shall be represented in the

prosecution and defense of all litigation, affecting the status or

operation of Bonneville project by the United States attorneys for

the districts, respectively, in which such litigation may arise, or

by such attorney or attorneys as the Attorney General may designate

as authorized by law, in conjunction with the regularly employed

attorneys of the Administrator.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 12, 50 Stat. 736; Oct. 23, 1945, ch.

433, Sec. 6, 59 Stat. 547; July 26, 1946, ch. 673, 60 Stat. 701.)

-MISC1-

AMENDMENTS

1946 - Subsec. (b). Act July 26, 1946, took from the

Administrator the authority to make settlement of suits.

1945 - Act Oct. 23, 1945, added subsec. (a), designated existing

provisions as subsec. (b), and amended such provisions generally.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Interior with respect to Bonneville

Power Administration transferred to Secretary of Energy by section

7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with

Bonneville Power Administration to be preserved as a distinct

organizational entity within Department of Energy and headed by an

Administrator.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 838i of this title.

-CITE-

16 USC Sec. 832l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

Sec. 832l. Separability

-STATUTE-

If any provision of this chapter or the application of such

provision to any person or circumstance shall be held invalid, the

remainder of the chapter and the application of such provision to

persons or circumstances other than those as to which it is held

invalid shall not be affected thereby.

-SOURCE-

(Aug. 20, 1937, ch. 720, Sec. 13, 50 Stat. 736.)

-CITE-

16 USC Sec. 832m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12B - BONNEVILLE PROJECT

-HEAD-

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

conservation within Federal Columbia River Power System;

residential exchange; personnel flexibility

-STATUTE-

(a) Definitions

In this section:

(1) Administrator

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

Bonneville Power Administration.

(2) Council

The term ''Council'' means the Northwest Power and Conservation

Planning Council.

(3) Excess Federal power

The term ''excess Federal power'' means such electric power

that has become surplus to the firm contractual obligations of

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

either -

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

Administrator is contractually required to supply under

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

the election by customers of the Bonneville Power

Administration to purchase electric power from other suppliers,

as compared to the quantity of electric power that the

Administrator was contractually required to supply as of

January 1, 1995; or

(B) those operations of the Federal Columbia River Power

System that are primarily for the benefit of fish and wildlife

affected by the development, operation, or management of the

System.

(b) Sale of excess Federal power

Notwithstanding section 837a of this title, subsections (a), (b),

and (c) of section 837b of this title, and section 837f of this

title, and section 839f(c) of this title, the Administrator may, as

permitted by otherwise applicable law, sell or otherwise dispose of

excess Federal power -

(1) outside the Pacific Northwest on a firm basis for a

contract term of not to exceed 7 years, if the excess Federal

power is first offered for a reasonable period of time and under

the same essential rate, terms and conditions to those Pacific

Northwest public body, cooperative and investor-owned utilities

and those direct service industrial customers identified in

subsection (b) or (d)(1)(A) of section 839c of this title; and

(2) in any region without the prohibition on resale established

by the second sentence of section 832d(a) of this title.

(c) Study by Council

(1) (FOOTNOTE 1) Within 180 days of November 13, 1995, the

Council shall review and report to Congress regarding the most

appropriate governance structure to allow more effective regional

control over efforts to conserve and enhance anadromous and

resident fish and wildlife within the Federal Columbia River Power

System.

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

(d) Corps of Engineers procurement

The Assistant Secretary of the Army for Civil Works, acting

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

authorized to place orders for goods and services related to

facilities for electric power generation and fish and wildlife

mitigation associated with the Federal Columbia River Power System

with and through the Administrator using the authorities available

to the Administrator.

(e) Residential exchange

Notwithstanding the establishment, confirmation and approval of

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

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

of eligible utilities' total purchase and exchange sales under

section 839c(c)(1) of this title shall be $145,000,000 for fiscal

year 1997, and the net benefits paid to each eligible electric

utility shall be $145,000,000 multiplied by the percentage of the

total of such net benefits paid by the Administrator to such

utility for fiscal year 1995.

(f) Personnel flexibility

The Administrator may offer employees voluntary separation

incentives as deemed necessary which shall not exceed $25,000.

Recipients who accept employment with the United States within five

years after separation shall repay the entire amount to the

Bonneville Power Administration.

(g) Savings

Unless superseded by an Act of Congress, the authority provided

by this section is expressly intended to extend beyond the fiscal

year.

-SOURCE-

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

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

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

Act of 1937 which comprises this chapter.

-MISC3-

VOLUNTARY SEPARATION INCENTIVES TO EMPLOYEES

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

3004, as amended by Pub. L. 106-377, Sec. 1(a)(2) (title III), Oct.

27, 2000, 114 Stat. 1441, 1441A-76, provided that: ''The

Administrator may offer employees voluntary separation incentives

as deemed necessary which shall not exceed $25,000. Recipients who

accept employment with the United States within five years after

separation shall repay the entire amount to the Bonneville Power

Administration. This authority shall expire January 1, 2003.''

-CITE-