§ 833a. — Administration of project.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC833a]
TITLE 16--CONSERVATION
CHAPTER 12C--FORT PECK PROJECT
Sec. 833a. Administration of project
(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.
(May 18, 1938, ch. 250, Sec. 2, 52 Stat. 404; July 26, 1947, ch. 343,
title II, Sec. 205(a), 61 Stat. 501.)
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.
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,
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.
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].''
Section Referred to in Other Sections
This section is referred to in section 833 of this title.
