16 Usc 792

§ 791

TITLE 16—CONSERVATION

Sec.

825j.
825k.
825l.
825m.
825n.
825o.
825o–1.
825p.
825q.
825q–1.
825r.
825s.

825s–1.

825s–2.

825s–3.

825s–4.
825s–5.
825s–6.

825s–7.

825t.
825u.

Investigations relating to electric energy; reports to Congress.
Publication and sale of reports.
Review of orders.
Enforcement provisions.
Forfeiture for violations; recovery; applicability.
Penalties for violations; applicability of section.
Enforcement of certain provisions.
Jurisdiction of offenses; enforcement of liabilities and duties.
Repealed.
Office of Public Participation.
Separability.
Sale of electric power from reservoir projects;
rate schedules; preference in sale; construction of transmission lines; disposition of
moneys.
Southwestern area sale and transmission of
electric power; disposition of receipts; creation of continuing fund; use of fund.
Southeastern area sale and transmission of
electric power; disposition of receipts; creation of continuing fund; use of fund.
Southwestern area sale at uniform systemwide rates of electric power over transmission lines constructed with appropriated
funds or used under contractual arrangements.
Southwestern Power Administration; deposit
and availability of advance payments.
Southeastern Power Administration; deposit
and availability of advance payments.
Southeastern Power Administration; deposit
and availability of discretionary offsetting
collections.
Southwestern Power Administration; deposit
and availability of discretionary offsetting
collections.
Utilization of power revenues.
Interest rate on power bonds held by Administrator of General Services.

SUBCHAPTER IV—STATE AND MUNICIPAL WATER
CONSERVATION FACILITIES
828.

828a.
828b.

828c.

Facilitation of development and construction
of water conservation facilities; exemption
from certain Federal requirements.
Definitions.
Exemption from formula, books and records,
and project cost statement requirements;
annual charges.
Applicability of this subchapter.

Page 1240

SUBCHAPTER I—REGULATION OF THE DEVELOPMENT OF WATER POWER AND RESOURCES
CODIFICATION
Section 212 of act of Aug. 26, 1935, ch. 687, 49 Stat. 847,
provided that sections 1 to 29 of the Federal Water
Power Act, as amended (sections 792, 793, 794 to 797, 798
to 818, 819, and 820 to 823 of this title) shall constitute
part I of the act. Said section 212 also repealed sections
25 and 30 of the act (sections 819, 791 of this title). It
also contained a proviso as follows: ‘‘That nothing in
that Act, as amended, shall be construed to repeal or
amend the provisions of the amendment to the Federal
Water Power Act approved March 3, 1921 (41 Stat. 1353
[section 797a of this title]), or the provisions of any
other Act relating to national parks and national
monuments.’’

§ 791. Repealed. Aug. 26, 1935, ch. 687, title II,
§ 212, 49 Stat. 847
Section, act June 10, 1920, ch. 285, § 30, 41 Stat. 1077,
designated the act as The Federal Water Power Act.

§ 791a. Short title
This chapter may be cited as the ‘‘Federal
Power Act’’.
(June 10, 1920, ch. 285, pt. III, § 321, formerly § 320,
as added Aug. 26, 1935, ch. 687, title II, § 213, 49
Stat. 863; renumbered Pub. L. 95–617, title II,
§ 212, Nov. 9, 1978, 92 Stat. 3148.)
CODIFICATION
Section was enacted as part of part III of the Federal
Power Act, and not as part of part I of that Act which
comprises this subchapter.
SHORT TITLE OF 2013 AMENDMENT
Pub. L. 113–23, § 1(a), Aug. 9, 2013, 127 Stat. 493, provided that: ‘‘This Act [amending sections 798, 823a, and
2705 of this title and enacting provisions set out as
notes preceding section 791 and under section 797 of this
title] may be cited as the ‘Hydropower Regulatory Efficiency Act of 2013’.’’
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101–575, § 1, Nov. 15, 1990, 104 Stat. 2834, provided that: ‘‘This Act [enacting section 2243 of Title 42,
The Public Health and Welfare, amending sections 796
and 824a–3 of this title and sections 2014, 2061, 2201, and
2284 of Title 42, and enacting provisions set out as a
note under section 796 of this title] may be cited as the
‘Solar, Wind, Waste, and Geothermal Power Production
Incentives Act of 1990’.’’

FINDINGS

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 113–23, § 2, Aug. 9, 2013, 127 Stat. 493, provided
that: ‘‘Congress finds that—
‘‘(1) the hydropower industry currently employs approximately 300,000 workers across the United States;
‘‘(2) hydropower is the largest source of clean, renewable electricity in the United States;
‘‘(3) as of the date of enactment of this Act [Aug. 9,
2013], hydropower resources, including pumped storage facilities, provide—
‘‘(A) nearly 7 percent of the electricity generated
in the United States; and
‘‘(B) approximately 100,000 megawatts of electric
capacity in the United States;
‘‘(4) only 3 percent of the 80,000 dams in the United
States generate electricity, so there is substantial
potential for adding hydropower generation to nonpowered dams; and
‘‘(5) according to one study, by utilizing currently
untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs
over the next 13 years.’’

Pub. L. 100–473, § 1, Oct. 6, 1988, 102 Stat. 2299, provided
that: ‘‘This Act [amending section 824e of this title and
enacting provisions set out as notes under section 824e
of this title] may be cited as the ‘Regulatory Fairness
Act’.’’
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99–495, § 1(a), Oct. 16, 1986, 100 Stat. 1243, provided that: ‘‘This Act [enacting sections 797b and 823b
of this title, amending sections 797, 800, 802, 803, 807, 808,
817, 823a, 824a–3, and 824j of this title, and enacting provisions set out as notes under sections 797, 803, 823a,
824a–3, and 825h of this title] may be cited as the ‘Electric Consumers Protection Act of 1986’.’’

§ 792. Federal Power Commission; creation; number; appointment; term; qualifications; vacancies; quorum; chairman; salary; place of
holding sessions
A commission is created and established to be
known as the Federal Power Commission (here-

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§ 792

TITLE 16—CONSERVATION

inafter referred to as the ‘‘commission’’) which
shall be composed of five commissioners who
shall be appointed by the President, by and with
the advice and consent of the Senate, one of
whom shall be designated by the President as
chairman and shall be the principal executive
officer of the commission. Each chairman, when
so designated, shall act as such until the expiration of his term of office.
The commissioners first appointed under this
section, as amended, shall continue in office for
terms of one, two, three, four, and five years, respectively, from June 23, 1930, the term of each
to be designated by the President at the time of
nomination. Their successors shall be appointed
each for a term of five years from the date of the
expiration of the term for which his predecessor
was appointed and until his successor is appointed and has qualified, except that he shall
not so continue to serve beyond the expiration
of the next session of Congress subsequent to the
expiration of said fixed term of office, and except that any person appointed to fill a vacancy
occurring prior to the expiration of the term for
which his predecessor was appointed shall be appointed only for the unexpired term. Not more
than three of the commissioners shall be appointed from the same political party. No person
in the employ of or holding any official relation
to any licensee or to any person, firm, association, or corporation engaged in the generation,
transmission, distribution, or sale of power, or
owning stock or bonds thereof, or who is in any
manner pecuniarily interested therein, shall
enter upon the duties of or hold the office of
commissioners. Said commissioners shall not
engage in any other business, vocation, or employment. No vacancy in the commission shall
impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall
constitute a quorum for the transaction of business, and the commission shall have an official
seal of which judicial notice shall be taken. The
commission shall annually elect a vice chairman to act in case of the absence or disability
of the chairman or in case of a vacancy in the
office of chairman.
Each commissioner shall receive necessary
traveling and subsistence expenses, or per diem
allowance in lieu thereof, within the limitation
prescribed by law, while away from the seat of
government upon official business.
The principal office of the commission shall be
in the District of Columbia, where its general
sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby,
the commission may hold special sessions in any
part of the United States.
(June 10, 1920, ch. 285, pt. I, § 1, 41 Stat. 1063;
June 23, 1930, ch. 572, § 1, 46 Stat. 797; renumbered
pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat.
847; 1950 Reorg. Plan No. 9, § 3, eff. May 24, 1950,
15 F.R. 3175, 64 Stat. 1265; Pub. L. 86–619, § 1, July
12, 1960, 74 Stat. 407.)
CODIFICATION
Provisions which prescribed the compensation of
commissioners were omitted as obsolete. Compensation
of the Chairman and members of the Commission was

prescribed by sections 5314 and 5315 of Title 5, Government Organization and Employees, prior to termination of the Commission. See Termination of Federal
Power Commission; Transfer of Functions note below.
AMENDMENTS
1960—Pub. L. 86–619 provided for continuation in office of a commissioner upon termination of his term
until a successor is appointed and has qualified, not beyond expiration of next session of Congress subsequent
to the expiration of said fixed term of office.
1930—Act June 23, 1938, amended section generally.
Prior to amendment section read as follows: ‘‘A commission is hereby created and established, to be known
as the Federal Power Commission (hereinafter referred
to as the commission), which shall be composed of the
Secretary of War, the Secretary of the Interior, and the
Secretary of Agriculture. Two members of the commission shall constitute a quorum for the transaction of
business, and the commission shall have an official
seal, which shall be judicially noticed. The President
shall designate the chairman of the commission.’’
REPEALS
Act Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, formerly
cited as a credit to this section, was repealed by Pub.
L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 655.
TERMINATION OF FEDERAL POWER COMMISSION;
TRANSFER OF FUNCTIONS
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, The Public Health and Welfare.
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, set out below.
REORGANIZATION PLAN NO. 9 OF 1950
Eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of
the Reorganization Act of 1949, approved June 20, 1949
[see 5 U.S.C. 901 et seq.].
FEDERAL POWER COMMISSION
SECTION 1. TRANSFER OF FUNCTIONS TO THE CHAIRMAN
(a) Subject to the provisions of subsection (b) of this
section, there are hereby transferred from the Federal
Power Commission, hereinafter referred to as the Commission, to the Chairman of the Commission, hereinafter referred to as the Chairman, the executive and administrative functions of the Commission, including
functions of the Commission with respect to (1) the appointment and supervision of personnel employed
under the Commission, (2) the distribution of business
among such personnel and among administrative units
of the Commission, and (3) the use and expenditure of
funds.
(b)(1) In carrying out any of his functions under the
provisions of this section the Chairman shall be governed by general policies of the Commission and by
such regulatory decisions, findings, and determinations
as the Commission may by law be authorized to make.
(2) The appointment by the Chairman of the heads of
major administrative units under the Commission shall
be subject to the approval of the Commission.
(3) Personnel employed regularly and full time in the
immediate offices of Commissioners other than the
Chairman shall not be affected by the provisions of this
reorganization plan.

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TITLE 16—CONSERVATION

(4) There are hereby reserved to the Commission its
functions with respect to revising budget estimates and
with respect to determining upon the distribution of
appropriated funds according to major programs and
purposes.
SEC. 2. PERFORMANCE OF TRANSFERRED FUNCTIONS
The Chairman may from time to time make such provisions as he shall deem appropriate authorizing the
performance by any officer, employee, or administrative unit under his jurisdiction of any functions transferred to the Chairman by the provisions of this reorganization plan.
SEC. 3. DESIGNATION OF CHAIRMAN
The functions of the Commission with respect to
choosing a chairman from among the commissioners
composing the Commission are hereby transferred to
the President.

§ 793. Appointment of officers and employees of
Commission; duties, and salaries; detail of officers and employees from other departments; expenditures authorized
The commission shall have authority to appoint, prescribe the duties, and fix the salaries
of, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; and may,
subject to the civil service laws, appoint such
other officers and employees as are necessary in
the execution of its functions and fix their salaries in accordance with chapter 51 and subchapter III of chapter 53 of title 5. The commission may request the President to detail an officer or officers from the Corps of Engineers, or
other branches of the United States Army, to
serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be
prescribed by the commission; and such detail is
authorized. The President may also, at the request of the commission, detail, assign, or transfer to the commission, engineers in or under the
Departments of the Interior or Agriculture for
field work outside the seat of government under
the direction of the commission.
The commission may make such expenditures
(including expenditures for rent and personal
services at the seat of government and elsewhere, for law books, periodicals, and books of
reference, and for printing and binding) as are
necessary to execute its functions. Expenditures
by the commission shall be allowed and paid
upon the presentation of itemized vouchers
therefor, approved by the chairman of the commission or by such other member or officer as
may be authorized by the commission for that
purpose subject to applicable regulations under
chapters 1 to 11 of title 40 and division C (except
sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906,
4104, 4710, and 4711) of subtitle I of title 41.
(June 10, 1920, ch. 285, pt. I, § 2, 41 Stat. 1063;
June 23, 1930, ch. 572, § 1, 46 Stat. 798; renumbered
pt. I, Aug. 26, 1935, ch. 687, title II, § 212, 49 Stat.
847; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63
Stat. 972; Oct. 31, 1951, ch. 654, § 2(14), 65 Stat.
707.)
CODIFICATION
All appointments referred to in the first sentence are
subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to

Page 1242

Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title
I, § 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 Pub. L.
89–554, Sept. 6, 1966, § 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.
In text, ‘‘chapter 51 and subchapter III of chapter 53
of title 5’’ substituted for ‘‘the Classification Act of
1949, as amended’’ on authority of Pub. L. 89–554, § 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
In text, ‘‘chapters 1 to 11 of title 40 and division C (except sections 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104,
4710, and 4711) of subtitle I of title 41’’ substituted for
‘‘the Federal Property and Administrative Services Act
of 1949, as amended’’ on authority of Pub. L. 107–217,
§ 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted
Title 40, Public Buildings, Property, and Works, and
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
AMENDMENTS
1951—Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended, at end of section.
1949—Act Oct. 28, 1949, substituted ‘‘Classification Act
of 1949’’ for ‘‘Classification Act of 1923’’.
1930—Act June 23, 1930, substituted provisions permitting the commission to appoint, prescribe the duties,
and fix the salaries of, a secretary, a chief engineer, a
general counsel, a solicitor, and a chief accountant, and
to appoint such other officers and employees as are
necessary in the execution of its functions and fix their
salaries, and authorizing the detail of officers from the
Corps of Engineers, or other branches of the United
States Army, to serve the commission as engineer officers, or in any other capacity, in field work outside the
seat of government, and the detail, assignment or
transfer to the commission of engineers in or under the
Departments of the Interior or Agriculture for work
outside the seat of government for provisions which required the commission to appoint an executive secretary at a salary of $5,000 per year and prescribe his
duties, and which permitted the detail of an officer
from the United States Engineer Corps to serve the
commission as engineer officer; and inserted provisions
permitting the commission to make certain expenditures necessary in the execution of its functions, and
allowing the payment of expenditures upon the presentation of itemized vouchers approved by authorized
persons.
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, § 8, 80 Stat. 632, 655.

§ 793a. Repealed. Pub. L. 87–367, title I, § 103(5),
Oct. 4, 1961, 75 Stat. 787
Section, Pub. L. 86–626, title I, § 101, July 12, 1960, 74
Stat. 430, authorized the Federal Power Commission to
place four additional positions in grade 18, one in grade
17 and one in grade 16 of the General Schedule of the
Classification Act of 1949.