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16 U.S.C. § 832aGeneral administrative provisions

submitted 89 years ago by ch. 720 to r/title-16-CONSERVATION · 818 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section assigns administration of the Bonneville project’s electric power to an Administrator appointed by the Secretary of Energy. It gives the Administrator authority over power sales, transmission, property, and contracts, while assigning equipment and operating duties to the Secretary of the Army.

(a) Appointment of Administrator; powers and duties. The electric energy produced by operating the Bonneville project must be disposed of by the Administrator as this chapter provides. The Secretary of Energy appoints the Administrator. The Administrator is responsible to the Secretary and must keep the principal office at a place the Administrator selects near the Bonneville project. The Administrator must arrange the sale and disposal of Bonneville electricity that is not needed to operate the dam and locks or the related navigation facilities. The Administrator must consult with the Secretary of Energy. This administrative arrangement is provisional. It is meant to last until a permanent administration is established for Bonneville and other projects in the Columbia River Basin. When the Administrator decides that more generating capacity is desirable to meet actual or possible market needs, the Secretary of the Army must install and maintain the needed machinery, equipment, and facilities at the Bonneville project. The Secretary of the Army must schedule the project’s generating units and related equipment as the Administrator requires. The Secretary must also provide and maintain enough station space and equipment for the Administrator, including switches, switchboards, instruments, dispatching facilities, transformers, and other equipment needed to receive, handle, dispatch, and transmit the electricity at a suitable voltage to the markets the Administrator wants to serve. The office of the Administrator of the Bonneville project is an office in the Department of Energy and is under the Secretary of Energy’s jurisdiction and control. The Secretary of Energy may exercise every function this chapter gives the Administrator. Subject to the Secretary’s supervision and direction, the Administrator and other project personnel may also exercise those functions. (b) Electric transmission lines and equipment. To encourage the widest possible use of all electricity that can be generated and marketed, provide reasonable outlets, and prevent limited groups from monopolizing it, the Administrator must provide, construct, operate, maintain, and improve the transmission lines, substations, and related facilities and structures that the Administrator finds necessary, desirable, or appropriate. These facilities must transmit saleable electricity from the Bonneville project to existing and possible markets. For exchanging electricity, the Administrator must interconnect Bonneville with other Federal projects and publicly owned power systems constructed on or after August 20, 1937. (c) Acquisition of property. In the name of the United States, the Administrator may buy, lease, condemn, or accept by donation real or personal property, or an interest in it, that the Administrator finds necessary or appropriate for this chapter. This includes land, easements, rights-of-way, franchises, transmission lines, substations, and related facilities and structures. Title to all property and property rights acquired by the Administrator must be taken in the name of the United States. (d) Condemnation. The Administrator may acquire property or property rights, including patent rights, that the Administrator believes are needed for this chapter by using eminent domain. The Administrator may bring condemnation proceedings in the same way the law provides for condemning real estate. (e) Disposal of property. In the name of the United States, the Administrator may sell, lease, or otherwise dispose of personal property that the Administrator decides is not needed for this chapter. The Administrator may also dispose of real property and land interests acquired for constructing or operating transmission lines or substations when they are no longer needed. Before selling, leasing, or disposing of real property or transmission lines, the Administrator must obtain the President’s approval. (f) Contracts. Subject only to this chapter, the Administrator may enter into contracts, agreements, and arrangements, and may amend, modify, adjust, or cancel them. The Administrator may also compromise or finally settle claims arising under them and make expenditures, on the terms, conditions, and in the manner the Administrator considers necessary.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Aug. 20, 1937, ch. 720, § 2, 50 Stat. 732; Mar. 6, 1940, ch. 47, §§ 1, 2, 54 Stat. 47; Oct. 23, 1945, ch. 433, §§ 1, 5, 59 Stat. 546, 547; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; 1965 Reorg. Plan No. 4, §§ 11(c), 13(a), eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321; Pub. L. 95–91, title III, § 302(a)(1)(D), (2), Aug. 4, 1977, 91 Stat. 578.)

history & why it existsrecord from the source credit
  • 1937Enacted · Act of Aug. 20, 1937, ch. 720 · 50 Stat. 732
  • 1940Amended · Act of Mar. 6, 1940, ch. 47 · 54 Stat. 47
  • 1945Amended · Act of Oct. 23, 1945, ch. 433 · 59 Stat. 546, 547
  • 1947Amended · Act of July 26, 1947, ch. 343 · 61 Stat. 501
  • 1977Amended · Pub. L. 95-91 · 91 Stat. 578

A history note hasn’t been published yet. The record shows enactment by ch. 720 on 1937-08-20.

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