-CITE-

16 USC CHAPTER 12C - FORT PECK PROJECT 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

.

-HEAD-

CHAPTER 12C - FORT PECK PROJECT

-MISC1-

Sec.

833. Completion and maintenance of project; generation of

electricity.

833a. Administration of project.

(a) Disposal of energy; temporary administration;

installation and maintenance of equipment.

(b) Construction and maintenance of electric

transmission lines, substations, and

interconnections.

(c) Acquisition of real and personal property.

(d) Acquisition of any property or property rights.

(e) Disposal of real and personal property.

(f) Contracts by Bureau.

833b. Definitions.

833c. Preference to public bodies and cooperatives.

833d. Rate schedules; preparation, approval, and uniformity.

833e. Factors in determining rate schedules.

833f. Purchase of supplies and services.

833g. Miscellaneous administrative provisions.

(a) Accounts.

(b) Expenditures.

833h. Personnel; appointment and compensation.

833i. Deposit of receipts; establishment of continuing fund;

authorization of appropriations.

833j. Suits for and against project; legal representation.

833k. Separability.

833l. Acquisition of Indian lands.

833m. Determination of compensation for acquisition of Indian

lands; funds payable from; disposition of moneys.

833n. Use of deposits by allottees; nontaxability of lands.

833o. Authority of Secretary of the Interior for acquisition of

Indian land.

833p. Reversion of title.

833q. Educational costs of dependents of employees; payments to

school districts; reimbursement from continuing fund.

-CITE-

16 USC Sec. 833 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833. Completion and maintenance of project; generation of

electricity

-STATUTE-

For the purpose of improving navigation on the Missouri River,

and for other purposes incidental thereto, the dam and appurtenant

works now under construction at Fort Peck, Montana, and a suitable

power plant for the production of hydroelectric power (which dam,

power plant, and appurtenant works are hereinafter called Fort Peck

project), 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 Bureau of Reclamation

(hereinafter called the Bureau), as provided for in section 833a(a)

of this title, 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 Fort Peck

project such machinery, equipment, and facilities for the

generation of electric energy as the Bureau 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 at such project and the navigation

facilities employed in connection therewith shall be delivered to

the Bureau for disposition as provided in this chapter.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 1, 52 Stat. 403; 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

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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 833e of this title.

-CITE-

16 USC Sec. 833a 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833a. Administration of project

-STATUTE-

(a) Disposal of energy; temporary administration; installation and

maintenance of equipment

The electric energy generated in the operation of the said Fort

Peck project shall be disposed of by the Bureau as hereinafter

provided. The Bureau shall exercise the powers and perform the

duties provided for in this chapter under the supervision and

direction of the Secretary of the Interior in accordance with

section 373a of title 43. The Bureau shall, as hereinafter

provided, make all arrangements for the sale and disposition of

electric energy generated at the Fort Peck project not required for

the operation of the dam at such project and the navigation

facilities employed in connection therewith. The form of

administration herein established for the Fort Peck project is

intended to be provisional pending the establishment of a permanent

administration for Fort Peck and other projects in the Missouri

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

additional machinery, equipment, and facilities for the generation

of electric energy at the Fort Peck project when in the judgment of

the Bureau 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 Fort Peck project in accordance with the requirements of the

Bureau. The Secretary of the Army shall provide and maintain for

the use of the Bureau at said Fort Peck project adequate station

space and equipment, including such switches, switchboards,

instruments, and dispatching facilities as may be required by the

Bureau for proper reception, handling, and dispatching of the

electric energy produced at the said project, together with

transformers and other equipment required by the Bureau for the

transmission of such energy from that place at suitable voltage to

the markets which the Bureau desires to serve.

(b) Construction and maintenance of electric transmission lines,

substations, and interconnections

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 Bureau is authorized and directed to provide,

construct, operate, maintain, and improve such electric

transmission lines and substations, and facilities and structures

appurtenant thereto, as it finds necessary, desirable, or

appropriate for the purpose of transmitting electric energy,

available for sale, from the Fort Peck project to existing and

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

energy, to interconnect the Fort Peck project with either private

or with other Federal projects and publicly owned power systems now

or hereafter constructed.

(c) Acquisition of real and personal property

The Secretary of the Interior 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 he finds necessary or appropriate to carry

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

property rights acquired by said Secretary shall be taken in the

name of the United States.

(d) Acquisition of any property or property rights

The Secretary of the Interior 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

purchase, lease, donation, or 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 real and personal property

The Secretary of the Interior 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.

(f) Contracts by Bureau

Subject to the provisions of this chapter, the Bureau is

authorized, in the name of the United States, to negotiate and

enter into such contracts, agreements, and arrangements as it shall

find necessary or appropriate to carry out the purposes of this

chapter.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 2, 52 Stat. 404; 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

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-MISC5-

TRANSFER OF CERTAIN FACILITIES

Act Aug. 31, 1951, ch. 375, title I, Sec. 101, 65 Stat. 257,

provided in part: ''The Secretary of the Army is hereby authorized

to transfer to the Department of the Interior without exchange of

funds, all of the right, title, and interest of the Department of

the Army in and to the following facilities, including

rights-of-way (except that portion of the rights-of-way within the

Fort Peck Reservoir area), but there shall be reserved the right to

use the power facilities for the purpose of transmitting power to

the Fort Peck project during emergency periods when the Fort Peck

power plant is not functioning: (a) the Fort Peck-Rainbow (Great

Falls) 161 kilovolt transmission line; (b) the Rainbow (Great

Falls) terminal facilities; and (c) the Fort Peck-Whatley 50

kilovolt transmission line and substation.''

TRANSFER OF TRANSMISSION LINES, SUBSTATIONS, ETC.; COST PRICE;

AUTHORITY OF SECRETARY

Act Feb. 27, 1948, ch. 75, 62 Stat. 36, provided: ''That, in aid

of the administration of the Fort Peck project, there is hereby

granted to the United States, for use by the Bureau of Reclamation,

Department of the Interior (hereinafter referred to as the

'Bureau'), in the discharge of its duties pursuant to the Act of

May 18, 1938 (52 Stat. 403) (this chapter), the

electric-transmission lines, substations, rights-of-way, and other

property described in section 7 of that certain permit and

memorandum of understanding, dated November 2, 1945, between the

Bureau and the Office of Indian Affairs, Department of the Interior

(hereinafter referred to as the 'Indian Office'): Provided,

however, That the Bureau shall continue to furnish electric service

for the uses and purposes of the Indian Office on the Fort Peck

Indian Reservation, pursuant to the terms and conditions of said

permit and memorandum of understanding, except as the same may be

modified by the Secretary of the Interior.

''Sec. 2. That the amount of money to be paid for said property

shall be $58,577.52, or so much thereof as the Secretary of the

Interior shall determine to be needed pursuant to the provisions of

said permit and memorandum of understanding. Such sum shall be

paid, from funds now or hereafter made available to the Department

of the Interior for the construction of transmission lines and

substations of the Fort Peck project, to the Commissioner of Indian

Affairs, who shall deposit such sum in the Treasury of the United

States as a credit on expenditures made for irrigation and power

construction on the Fort Peck Indian irrigation project.

''Sec. 3. The Secretary of the Interior is authorized to perform

any and all acts as may be deemed necessary to carry out the

provisions of this Act (Act Feb. 27, 1948, ch. 75, 62 Stat. 36).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 833 of this title.

-CITE-

16 USC Sec. 833b 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833b. 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-

(May 18, 1938, ch. 250, Sec. 3, 52 Stat. 405.)

-CITE-

16 USC Sec. 833c 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833c. Preference to public bodies and cooperatives

-STATUTE-

In order to insure that the facilities for the generation of

electric energy at the Fort Peck project shall be operated for the

benefit of the general public, and particularly of domestic and

rural consumers, the Bureau shall at all times, in disposing of

electric energy generated at said project, give preference and

priority to public bodies and cooperatives.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 4, 52 Stat. 405.)

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-CITE-

16 USC Sec. 833d 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833d. Rate schedules; preparation, approval, and uniformity

-STATUTE-

Schedules of rates and charges for electric energy produced at

the Fort Peck project and sold to purchasers as in this chapter

provided shall be prepared by the Bureau and become effective upon

confirmation and approval thereof by the Secretary of Energy.

Subject to confirmation and approval by the Secretary of Energy,

such rate schedules may be modified from time to time by the Bureau

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 rate 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 Fort Peck

project.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 5, 52 Stat. 405; Pub. L. 95-91, title

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

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

''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.

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.

-CITE-

16 USC Sec. 833e 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833e. Factors in determining rate schedules

-STATUTE-

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

electric energy which is or may be generated at the Fort Peck

project in excess of the amount required for operating the dam 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 Missouri River at the Fort Peck

project for the purposes set forth in section 833 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 Fort Peck project) of the cost of

producing and transmitting such electric energy, including the

amortization of the capital investment over a reasonable period of

years. Rate 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 Fort Peck 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-

(May 18, 1938, ch. 250, Sec. 6, 52 Stat. 405; 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.

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. 833f 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833f. Purchase of supplies and services

-STATUTE-

Notwithstanding any other provision of law, all purchases and

contracts made by the Bureau 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 Bureau 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 purchase 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 Bureau 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-

(May 18, 1938, ch. 250, Sec. 7, 52 Stat. 406; 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

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-CITE-

16 USC Sec. 833g 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833g. Miscellaneous administrative provisions

-STATUTE-

(a) Accounts

The Bureau, 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 Fort Peck project.

(b) Expenditures

The Bureau may make such expenditures for offices, vehicles,

furnishings, equipment, supplies, and books; for attendance at

meetings; and for such other facilities and services as it may find

necessary for the proper administration of this chapter.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 8, 52 Stat. 406; Aug. 30, 1954, ch.

1076, Sec. 1(23), 68 Stat. 968.)

-REFTEXT-

REFERENCES IN TEXT

The 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

1954 - Subsec. (c). Act Aug. 30, 1954, repealed subsec. (c) which

required the Secretary of the Interior to submit an annual

financial statement and report to Congress concerning the

transmission and sale of electric energy generated at the Fort Peck

project.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-CITE-

16 USC Sec. 833h 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833h. Personnel; appointment and compensation

-STATUTE-

The Secretary of the Interior, the Secretary of the Army, and the

Secretary of Energy, respectively, shall appoint such attorneys,

engineers, and other experts as may be necessary for carrying out

the functions entrusted to them under this chapter, and shall fix

the compensation of each of such attorneys, engineers, and other

experts; and they may, subject to the civil-service laws, appoint

such other officers and employees as may be necessary to carry out

such functions and fix their salaries in accordance with chapter 51

and subchapter III of chapter 53 of title 5. In the administration

of this chapter the services of regular employees in the Bureau may

be utilized and an equitable part of the salaries of such employees

whose services are thus utilized may be charged by the Bureau to

the operating costs of the power features of the Fort Peck

project. The Bureau similarly may utilize and charge for

facilities of the Bureau which economically can be used in

connection with the administration of this chapter.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 9, 52 Stat. 406; 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), Aug. 4, 1977, 91 Stat. 578.)

-COD-

CODIFICATION

Provisions which authorized the Secretary of the Interior, the

Secretary of the Army, and the Secretary of Energy to appoint such

attorneys, engineers, and other experts as may be necessary for

carrying out the functions entrusted to them under this chapter

''without regard to the provisions of the civil-service laws'', and

to fix their compensation ''at not to exceed $7,500 per annum'',

have been omitted as obsolete and superseded.

Such appointments are subject to the civil service laws unless

specifically excepted by those laws or by laws enacted subsequent

to Executive Order No. 8743, Apr. 23, 1941, issued by the President

pursuant to the Act of Nov. 26, 1940, ch. 919, title I, Sec. 1, 54

Stat. 1211, which covered most excepted positions into the

classified (competitive) civil service. The Order is set out as a

note under section 3301 of Title 5, Government Organization and

Employees.

As to the compensation of such personnel, sections 1202 and 1204

of the Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5. 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.

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text 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.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

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

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

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

''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.

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.

-CITE-

16 USC Sec. 833i 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833i. Deposit of receipts; establishment of continuing fund;

authorization of appropriations

-STATUTE-

All receipts from transmission and sale of electric energy

generated at the Fort Peck 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 Bureau and subject to expenditure by it, to defray

the operating expense of generation and transmission of power

delivered to the Bureau for disposal under this chapter, 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-

(May 18, 1938, ch. 250, Sec. 10, 52 Stat. 406.)

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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 833q of this title.

-CITE-

16 USC Sec. 833j 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833j. Suits for and against project; legal representation

-STATUTE-

The Secretary of the Interior 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 the Fort Peck 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 Bureau.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 11, 52 Stat. 407.)

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-CITE-

16 USC Sec. 833k 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833k. Separability

-STATUTE-

If any provision of this chapter or the application of such

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

remainder of the chapter and the application of such provisions to

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

invalid shall not be affected thereby.

-SOURCE-

(May 18, 1938, ch. 250, Sec. 12, 52 Stat. 407.)

-CITE-

16 USC Sec. 833l 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833l. Acquisition of Indian lands

-STATUTE-

In aid of the construction of the Fort Peck project, there is

granted to the United States, subject to the provisions of sections

833l to 833p of this title, such right, title, and interest of the

Indians as may be required in and to such tribal and allotted lands

as may be designated by the Secretary of the Interior from time to

time for the construction, operation, and maintenance of electric

transmission lines and other works of the project or for the

relocation or reconstruction of properties made necessary by the

construction of the project.

-SOURCE-

(Apr. 23, 1946, ch. 199, Sec. 1, 60 Stat. 118.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

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 833m, 833n, 833o, 833p of

this title.

-CITE-

16 USC Sec. 833m 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833m. Determination of compensation for acquisition of Indian

lands; funds payable from; disposition of moneys

-STATUTE-

As lands or interests in lands are designated from time to time

under sections 833l to 833p of this title, the Secretary of the

Interior shall determine the amount of money to be paid to the

Indians as just and equitable compensation therefor. The amounts

due the tribe and the individual allottees or their heirs or

devisees shall be paid from funds now or hereafter made available

to the Department of the Interior for the Fort Peck project to the

superintendent of the appropriate Indian agency, or such other

officer as may be designated by the Secretary of the Interior, for

credit on the books of such agency to the accounts of the tribe and

the individuals concerned.

-SOURCE-

(Apr. 23, 1946, ch. 199, Sec. 2, 60 Stat. 118.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

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 833l, 833n, 833o, 833p of

this title.

-CITE-

16 USC Sec. 833n 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833n. Use of deposits by allottees; nontaxability of lands

-STATUTE-

Funds deposited to the credit of allottees, their heirs, or

devisees may be used, in the discretion of the Secretary of the

Interior, for the acquisition of other lands and improvements, or

the relocation of existing improvements or construction of new

improvements on the lands so acquired for the allottees or heirs

whose lands and improvements are acquired under the provisions of

sections 833l to 833p of this title. Lands so acquired shall be

held in the same status as those from which the funds were derived,

and shall be nontaxable until otherwise provided by Congress.

-SOURCE-

(Apr. 23, 1946, ch. 199, Sec. 3, 60 Stat. 118.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

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 833l, 833m, 833o, 833p of

this title.

-CITE-

16 USC Sec. 833o 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833o. Authority of Secretary of the Interior for acquisition

of Indian land

-STATUTE-

The Secretary of the Interior is authorized to perform any and

all acts and to prescribe such regulations as he may deem

appropriate to carry out the provisions of sections 833l to 833p of

this title.

-SOURCE-

(Apr. 23, 1946, ch. 199, Sec. 4, 60 Stat. 118.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

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 833l, 833m, 833n, 833p of

this title.

-CITE-

16 USC Sec. 833p 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833p. Reversion of title

-STATUTE-

All designations of Indian lands pursuant to sections 833l to

833p of this title shall be made subject to the condition that in

the event any such lands shall no longer be required for the

purposes for which they were designated, then the right, title, or

interest so acquired in lands so designated shall revert to the

United States in trust for the Fort Peck Indian Tribes.

-SOURCE-

(Apr. 23, 1946, ch. 199, Sec. 5, 60 Stat. 118.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 833l, 833m, 833n, 833o of

this title.

-CITE-

16 USC Sec. 833q 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 12C - FORT PECK PROJECT

-HEAD-

Sec. 833q. Educational costs of dependents of employees; payments

to school districts; reimbursement from continuing fund

-STATUTE-

Under regulations prescribed by the Secretary of the Army,

payments may be made, in advance or otherwise, from any funds

available for the Fort Peck project, Montana, to the school

district or districts serving that project as reimbursement for

educational facilities (including, where appropriate,

transportation to and from school) furnished by the said district

or districts to pupils who are dependents of persons engaged in the

construction, operation, and maintenance of the project and living

at or near Fort Peck upon real property of the United States not

subject to taxation by State or local agencies and upon which

payments in lieu of taxes are not made by the United States, which

payments for any school year shall not exceed that part of the cost

of operating and maintaining such facilities which the number of

pupils aforesaid in average daily attendance during that year bears

to the whole number of pupils in average daily attendance at those

schools during that year: Provided, That of the whole amount so

paid in any fiscal year, the Bureau of Reclamation, Department of

the Interior, shall reimburse the Secretary of the Army from the

continuing fund provided in section 833i of this title, that part

which is properly chargeable as an operation expense incident to

the generation and transmission of power delivered to the Bureau

under said section.

-SOURCE-

(June 3, 1948, ch. 389, 62 Stat. 297.)

-COD-

CODIFICATION

Section was not enacted as part of act May 18, 1938, which

comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

Power marketing functions of Bureau of Reclamation, including

construction, operation, and maintenance of transmission lines and

attendant facilities, transferred to Secretary of Energy by section

7152(a)(1)(E), (3) of Title 42, The Public Health and Welfare, and

are to be exercised by Secretary through a separate Administration

within Department of Energy.

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.

-CITE-