§ 832a. — General administrative provisions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC832a]
TITLE 16--CONSERVATION
CHAPTER 12B--BONNEVILLE PROJECT
Sec. 832a. General administrative provisions
(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 \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.
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\1\ So in original. Probably should be ``cancellation''.
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(Aug. 20, 1937, ch. 720, Sec. 2, 50 Stat. 732; Mar. 6, 1940, ch. 47,
Secs. 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, Secs. 1, 5, 59 Stat.
546, 547; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501;
1965 Reorg. Plan No. 4, Secs. 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.)
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.
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 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.
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.
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, Secs. 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,
Secs. 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.
Section Referred to in Other Sections
This section is referred to in sections 832, 838i, 839f of this
title.
