§ 838i. — Bonneville Power Administration fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC838i]
TITLE 16--CONSERVATION
CHAPTER 12G--PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM
Sec. 838i. Bonneville Power Administration fund
(a) Establishment; composition; availability of transferred funds for
expenditures
There is hereby established in the Treasury of the United States a
Bonneville Power Administration fund (hereinafter referred to as the
``fund''). The fund shall consist of (1) all receipts, collections, and
recoveries of the Administrator in cash from all sources, including
trust funds, (2) all proceeds derived from the sale of bonds by the
Administrator, (3) any appropriations made by the Congress for the fund,
and (4) the following funds which are hereby transferred to the
Administrator: (i) all moneys in the special account in the Treasury
established pursuant to Executive Order Numbered 8526 dated August 26,
1940, (ii) the unexpended balances in the continuing fund established by
the provisions of section 832j of this title, and (iii) the unexpended
balances of funds appropriated or otherwise made available for the
Bonneville Power Administration. All funds transferred hereunder shall
be available for expenditure by the Secretary of Energy, acting by and
through the Administrator, as authorized in this chapter and any other
Act relating to the Federal Columbia River transmission system, subject
to such limitations as may be prescribed by any applicable appropriation
act effective during such period as may elapse between their transfer
and the approval by the Congress of the first subsequent annual budget
program of the Administrator.
(b) Authorized purposes of expenditures
The Administrator may make expenditures from the fund, which shall
have been included in his annual budget submitted to Congress, without
further appropriation and without fiscal year limitation, but within
such specific directives or limitations as may be included in
appropriation acts, for any purpose necessary or appropriate to carry
out the duties imposed upon the Administrator pursuant to law, including
but not limited to--
(1) construction, acquisition, and replacement of (i) the
transmission system, including facilities and structures appurtenant
thereto, and (ii) additions, improvements, and betterments thereto
(hereinafter in this chapter referred to as ``transmission
system'');
(2) operation, maintenance, repair, and relocation, to the
extent such relocation is not provided for under subsection (1)
above, of the transmission system;
(3) electrical research, development, experimentation, test, and
investigation related to construction, operation, and maintenance of
transmission systems and facilities;
(4) marketing of electric power;
(5) transmission over facilities of others and rental, lease, or
lease-purchase of facilities;
(6) purchase of electric power (including the entitlement of
electric plant capability) (i) on a short-term basis to meet
temporary deficiencies in electric power which the Administrator is
obligated by contract to supply, or \1\ (ii) if such purchase has
been heretofore authorized or is made with funds expressly
appropriated for such purchase by the Congress, (iii) if to be paid
for with funds provided by other entities for such purpose under a
trust or agency arrangement, or (iv) on a short term basis to meet
the Administrator's obligations under section 4(h) of the Pacific
Northwest Electric Power Planning and Conservation Act [16 U.S.C.
839b(h)];
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\1\ So in original. The word ``or'' probably should not appear.
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(7) defraying emergency expenses or insuring continuous
operation;
(8) paying the interest on, premiums, discounts, and expenses,
if any, in connection with the issuance of, and principal of all
bonds issued under section 838k(a) of this title, including
provision for and maintenance of reserve and other funds established
in connection therewith;
(9) making such payments to the credit of the reclamation fund
or other funds as are required by or pursuant to law to be made into
such funds in connection with reclamation projects in the Pacific
Northwest: Provided, That this clause shall not be construed as
permitting the use of revenues for repayment of costs allocated to
irrigation at any project except as otherwise expressly authorized
by law;
(10) making payments to the credit of miscellaneous receipts of
the Treasury for all unpaid costs required by or pursuant to law to
be charged to and returned to the general fund of the Treasury for
the repayment of the Federal investment in the Federal Columbia
River Power System from electric power marketed by the
Administrator;
(11) acquiring such goods and services, and paying dues and
membership fees in such professional, utility, industry, and other
societies, associations, and institutes, together with expenses
related to such memberships, including but not limited to the
acquisitions and payments set forth in the general provisions of the
annual appropriations Act for the Department of Energy, as the
Administrator determines to be necessary or appropriate in carrying
out the purposes of this chapter; and
(12) making such payments, as shall be required to carry out the
purposes and provisions of the Pacific Northwest Electric Power
Planning and Conservation Act [16 U.S.C. 839 et seq.].
(c) Restriction on use of expenditures to authorized purposes;
expenditures of moneys received in trust; applicability of
provisions relating to control of Government corporations
Moneys heretofore or hereafter appropriated shall be used only for
the purposes for which appropriated, and moneys received by the
Administrator in trust shall be used only for carrying out such trust.
The provisions of chapter 91 of title 31 shall be applicable to the
Administrator in the same manner as they are applied to the wholly owned
Government corporations named in section 9101 of title 31, but nothing
in section 9105(d) \2\ of title 31 shall be construed as affecting the
powers granted in subsection (b)(11) of this section and in sections
832a(f), 832i(b), and 832k(a) of this title.
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\2\ See References in Text note below.
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(d) Audit of financial transactions by Comptroller General; report to
Congress
Notwithstanding the provisions of sections 9105 and 9106 of title
31, the financial transactions of the Administrator shall be audited by
the Comptroller General at such times and to such extent as the
Comptroller General deems necessary, and reports of the results of each
such audit shall be made to the Congress within 6\1/2\ months following
the end of the fiscal year covered by the audit.
(Pub. L. 93-454, Sec. 11, Oct. 18, 1974, 88 Stat. 1378; Pub. L. 95-91,
title III, Sec. 302(a)(1)(D), Aug. 4, 1977, 91 Stat. 578; Pub. L. 96-
501, Sec. 8(a), (b), Dec. 5, 1980, 94 Stat. 2728.)
References in Text
Executive Order Numbered 8526 dated August 26, 1940, referred to in
subsec. (a), is not classified to the Code.
The Pacific Northwest Electric Power Planning and Conservation Act,
referred to in subsec. (b)(12), is Pub. L. 96-501, Dec. 5, 1980, 94
Stat. 2697, which is classified principally to chapter 12H (Sec. 839 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 839 of this title and
Tables.
Section 9105 of title 31, referred to in subsec. (c), was amended
generally by Pub. L. 101-576, title III, Sec. 305, Nov. 15, 1990, 104
Stat. 2853, and, as so amended, does not contain a subsec. (d).
Codification
In subsec. (c), ``chapter 91 of title 31'', ``section 9101 of title
31'', and ``section 9105(d) of title 31'' substituted for ``the
Government Corporation Control Act (31 U.S.C. 841 et seq.)'', ``section
101 of such Act (31 U.S.C. 846)'', and ``the proviso in section 850 of
title 31, United States Code,'', respectively, on authority of Pub. L.
97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
In subsec. (d), ``sections 9105 and 9106 of title 31'' substituted
for ``sections 105 and 106 of the Government Corporation Control Act [31
U.S.C. 850, 851]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31.
Amendments
1980--Subsec. (b)(6)(iv). Pub. L. 96-501, Sec. 8(a), added cl. (iv).
Subsec. (b)(12). Pub. L. 96-501, Sec. 8(b), added par. (12).
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-501 effective Dec. 5, 1980, see section 11
of Pub. L. 96-501, set out as an Effective Date note under section 839
of this title.
Transfer of Functions
``Secretary of Energy'' substituted for ``Secretary of the
Interior'' in subsec. (a) and ``Department of Energy'' substituted for
``Department of Interior'' in subsec. (b)(11) pursuant to Pub. L. 95-91,
Sec. 302(a)(1)(D), which is classified to section 7152(a)(1)(D) of Title
42, The Public Health and Welfare.
Functions of Secretary of the Interior with respect to Bonneville
Power Administration transferred to Secretary of Energy by section
7152(a)(1)(D), (2) of Title 42, with Bonneville Power Administration to
be preserved as a distinct organizational entity within Department of
Energy and headed by an Administrator.
Authority To Incur Obligations in Excess of Borrowing Authority and Cash
in Fund
Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 869, provided
that: ``Without fiscal year limitation, the Bonneville Power
Administration continues to be authorized to incur obligations for
authorized purposes and may do so in excess of borrowing authority and
cash in the Bonneville Power Administration Fund.''
Section Referred to in Other Sections
This section is referred to in sections 838g, 838k, 839a, 839b,
839d, 839e of this title.
