§ 833h. — Personnel; appointment and compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC833h]
TITLE 16--CONSERVATION
CHAPTER 12C--FORT PECK PROJECT
Sec. 833h. Personnel; appointment and compensation
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.
(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.)
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obsolete and superseded.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.
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 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.
``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, Secs. 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,
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.
