US Code

Public Law 119-83 (04/13/2026)

16 U.S.C. § 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

section 839c(f) of this titleThe term “excess Federal power” means such electric power that has become surplus to the firm contractual obligations of the Administrator under due to either—
(A)
section 839c of this title any reduction in the quantity of electric power that the Administrator is contractually required to supply under subsections (b) and (d) of , 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 ; 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

section 837a of this titlesection 837b of this titlesection 837f of this titlesection 839f(c) of this titleNotwithstanding , subsections (a), (b), and (c) of , and , and , the Administrator may, as permitted by otherwise applicable law, sell or otherwise dispose of excess Federal power—
(1)
section 839c of this title 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 ; and
(2)
section 832d(a) of this title in any region without the prohibition on resale established by the second sentence of .
(c)

Study by Council

(1)
1
1 So in original. No par. (2) has been enacted.
  Within 180 days of , 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.
(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

section 839e of this titlesection 839c(c) of this titlesection 839c(c)(1) of this titleNotwithstanding the establishment, confirmation and approval of rates pursuant to , and notwithstanding the provisions of , the cost benefits of eligible utilities’ total purchase and exchange sales under 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, § 508109 Stat. 419 (, , .)

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Voluntary Separation Incentives to Employees

Pub. L. 104–206, title V, § 511110 Stat. 3004 Pub. L. 106–377, § 1(a)(2) [title III]114 Stat. 1441

“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 .”
, , , as amended by , , , 1441A–76, provided that: