§ 831d. — Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC831d]
TITLE 16--CONSERVATION
CHAPTER 12A--TENNESSEE VALLEY AUTHORITY
Sec. 831d. Directors; maintenance and operation of plant for
production, sale, and distribution of fertilizer and power
The board is authorized--
(a) To contract with commercial producers for the production of such
fertilizers or fertilizer materials as may be needed in the Government's
program of development and introduction in excess of that produced by
Government plants. Such contracts may provide either for outright
purchase of materials by the board or only for the payment of carrying
charges on special materials manufactured at the board's request for its
program.
(b) To arrange with farmers and farm organizations for large-scale
practical use of the new forms of fertilizers under conditions
permitting an accurate measure of the economic return they produce.
(c) To cooperate with National, State, district, or county
experimental stations or demonstration farms, with farmers, landowners,
and associations of farmers or landowners, for the use of new forms of
fertilizer or fertilizer practices during the initial or experimental
period of their introduction, and for promoting the prevention of soil
erosion by the use of fertilizers and otherwise.
(d) The board, in order to improve and cheapen the production of
fertilizer, is authorized to manufacture and sell fixed nitrogen,
fertilizer, and fertilizer ingredients at Muscle Shoals by the
employment of existing facilities, by modernizing existing plants, or by
any other process or processes that in its judgment shall appear wise
and profitable for the fixation of atmospheric nitrogen or the
cheapening of the production of fertilizer.
(e) Under the authority of this chapter the board may make donations
or sales of the product of the plant or plants operated by it to be
fairly and equitably distributed through the agency of county
demonstration agents, agricultural colleges, or otherwise as the board
may direct, for experimentation, education, and introduction of the use
of such products in cooperation with practical farmers so as to obtain
information as to the value, effect, and best methods of their use.
(f) The board is authorized to make alterations, modifications, or
improvements in existing plants and facilities, and to construct new
plants.
(g) In the event it is not used for the fixation of nitrogen for
agricultural purposes or leased, then the board shall maintain in stand-
by condition nitrate plant numbered 2, or its equivalent, for the
fixation of atmospheric nitrogen, for the production of explosives in
the event of war or a national emergency, until the Congress shall by
joint resolution release the board from this obligation, and if any part
thereof be used by the board for the manufacture of phosphoric acid or
potash, the balance of nitrate plant numbered 2 shall be kept in stand-
by condition.
(h) To establish, maintain, and operate laboratories and
experimental plants, and to undertake experiments for the purpose of
enabling the Corporation to furnish nitrogen products for military
purposes, and nitrogen and other fertilizer products for agricultural
purposes in the most economical manner and at the highest standard of
efficiency.
(i) To request the assistance and advice of any officer, agent, or
employee of any executive department or of any independent office of the
United States, to enable the Corporation the better to carry out its
powers successfully, and as far as practicable shall utilize the
services of such officers, agents, and employees, and the President
shall, if in his opinion the public interest, service, or economy so
require, direct that such assistance, advice, and service be rendered to
the Corporation, and any individual that may be by the President
directed to render such assistance, advice, and service shall be
thereafter subject to the orders, rules, and regulations of the board:
Provided, That any invention or discovery made by virtue of and
incidental to such service by an employee of the Government of the
United States serving under this section, or by any employee of the
Corporation, together with any patents which may be granted thereon,
shall be the sole and exclusive property of the Corporation, which is
authorized to grant such licenses thereunder as shall be authorized by
the board: Provided further, That the board may pay to such inventor
such sum from the income from sale of licenses as it may deem proper.
(j) Upon the requisition of the Secretary of the Army or the
Secretary of the Navy to manufacture for and sell at cost to the United
States explosives or their nitrogenous content.
(k) Upon the requisition of the Secretary of the Army, the
Corporation shall allot and deliver without charge to the Department of
the Army so much power as shall be necessary in the judgment of said
Department for use in operation of all locks, lifts, or other facilities
in aid of navigation.
(l) To produce, distribute, and sell electric power, as herein
particularly specified.
(May 18, 1933, ch. 32, Sec. 5, 48 Stat. 61; Aug. 31, 1935, ch. 836,
Sec. 4, 49 Stat. 1076; July 26, 1947, ch. 343, title II, Sec. 205(a), 61
Stat. 501; July 3, 1952, ch. 570, Sec. 2(a), 66 Stat. 334; Pub. L. 86-
137, Sec. 3, Aug. 6, 1959, 73 Stat. 285; Pub. L. 94-412, title V,
Sec. 501(d), Sept. 14, 1976, 90 Stat. 1258.)
Codification
Former subsec. (n) authorized President within twelve months after
May 18, 1933, to lease nitrate plant numbered 2 and Waco Quarry for
production of fertilizer, and has been omitted as executed.
Amendments
1976--Subsec. (m). Pub. L. 94-412 struck out subsec. (m) which
barred sale of TVA products outside United States except to Government
for military use or its allies in case of war or until six months after
termination of Korean emergency.
1959--Subsec. (m). Pub. L. 86-137 excepted ferrophosphorus.
1952--Subsec. (m). Joint Res. July 3, 1952, inserted ``or, until six
months after the termination of the national emergency proclaimed by the
President on December 16, 1950, or until such earlier date or dates as
the Congress by concurrent resolution or the President may provide but
in no event after April 1, 1953, to nations associated with the United
States in defense activities''.
1935--Subsec. (c). Act Aug. 31, 1935, inserted ``with farmers,
landowners, and associations of farmers and landowners,'' after
``demonstration farms'' and ``and for promoting the prevention of soil
erosion by the use of fertilizers and otherwise'' after ``period of
their introduction''.
Change 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.
Effective Date of 1952 Amendment
Section 7 of Joint Res. July 3, 1952, provided that the amendment is
effective June 16, 1952.
Repeal of Prior Acts Continuing Subsection (m)
Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334,
repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by
Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952,
ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296,
which continued provisions of subsection (m) relating to sales to allies
until July 3, 1952. This repeal was to take effect as of June 16, 1952,
by section 7 of Joint Res. July 3, 1952.
Savings Provision
Repeal of subsec. (m) of this section by Pub. L. 94-412, not to
affect any action taken or proceeding pending at the time of repeal, see
section 501(h) of Pub. L. 94-412, set out as a note under section 1601
of Title 50, War and National Defense.
Secretary of the Air Force
For transfer of certain functions insofar as they pertain to Air
Force, and to extent that they were not previously transferred to
Secretary of the Air Force from Secretary of the Army, see Secretary of
Defense Transfer Order No. 40 [App. A(40)], July 22, 1949.
Termination of Foreign Sales
Section 1 of Joint Res. Mar. 31, 1953, ch. 13, 67 Stat. 18, provided
for the extension of certain emergency provisions (previously extended
to April 1, 1953, by Joint Res. July 3, 1952, ch. 570, Sec. 2(a), 66
Stat. 334) until July 1, 1953. Section 2 of said Joint Res. Mar. 31,
1953, provided that such extension did not apply to the provisions of
this section.
