§ 832m. — Sale of excess Federal power; fish and wildlife conservation within Federal Columbia River Power System; residential exchange; personnel flexibility.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC832m]
TITLE 16--CONSERVATION
CHAPTER 12B--BONNEVILLE PROJECT
Sec. 832m. Sale of excess Federal power; fish and wildlife
conservation within Federal Columbia River Power System;
residential exchange; personnel flexibility
(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) \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.
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\1\ So in original. No par. (2) has been enacted.
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(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.
(Pub. L. 104-46, title V, Sec. 508, Nov. 13, 1995, 109 Stat. 419.)
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.
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.''
