CHAPTER 131-FORT PECK DAM AND HYDROELECTRIC POWER PLANT

Sec.

2351. Definitions.

2352. Maintenance and operation of dam and works; electrical energy.

2353. General administrative provisions.

2354. Preference to public bodies and cooperatives.

2355. Rate schedules; preparation, approval, and uniformity.

2356. Factors in determining rate schedules.

2357. Purchase of supplies and services; advertisement for bids.

2358. Miscellaneous administrative provisions.

2359. Personnel; appointment and compensation.

2360. Deposit of receipts; establishment of continuing fund; appropriations. 2361. Right to bring suits and defend actions.

2362. Reimbursement of school district for facilities furnished dependents.

INDIAN LANDS; ACQUISITION

2366. Land for electric transmission lines and other works.

2367. Compensation to Indians for lands.

2368. Acquisition of other lands for Indians.

2369. Reversion of lands.

2370. Rules and regulations for carrying out subchapter.

§ 2351. Definitions

As used in this chapter:

"Bureau" means Bureau of Reclamation.

"Cooperative", or "cooperatives", means any form of nonprofitmaking organization or organizations of citizens supplying, or which may be created to supply, members with any kind of goods, commodities, or services, as nearly as possible at cost.

"Public body", or "public bodies", means States, public power districts, counties, and municipalities, including agencies or subdivisions of any thereof.

§ 2352. Maintenance and operation of dam and works; electrical energy

For the purpose of improving navigation on the Missouri River, the generating of electrical energy, and for other purposes incidental thereto, the dam, power plant, and appurtenant works constructed at Fort Peck, Montana, shall continue to be maintained, and operated under the direction of the Secretary of the Army and the supervision of the Chief of Engineers, subject to the provisions of this chapter relating to the powers and duties of the Bureau of Reclamation, as provided for in section 2353 of this title, respecting the transmission and sale of electric energy generated at said dam. The Secretary of the Army shall provide, construct, operate, maintain, and improve at Fort Peck Dam such machinery, equipment, and facilities for the generation of electric energy as the Bureau may deem necessary to develop such electric energy as rapidly as markets may be found there

for. The electric energy thus generated and not required for the operation of the dam and the navigation facilities employed in connection therewith shall be delivered to the Bureau for disposition as provided in this chapter.

§ 2353. General administrative provisions

(a) Disposal of energy; temporary administration; installation and maintenance of equipment

The electric energy generated in the operation of the said Fort Peck Dam shall be disposed of by the Bureau as hereinafter provided. The Bureau shall exercise the powers and perform the duties provided for in this chapter under the supervision and direction of the Secretary of the Interior. The Bureau shall, as hereinafter provided, make all arrangements for the sale and disposition of electric energy generated at the Fort Peck Dam not required for the operation of the dam and the navigation facilities employed in connection therewith. The form of administration herein established for the Fort Peck Dam is intended to be provisional pending the establishment of a permanent administration for Fort Peck and other projects in the Missouri River Basin. The Secretary of the Army shall install and maintain additional machinery, equipment, and facilities for the generation of electric energy at the Fort Peck Dam when in the judgment of the Bureau 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 Fort Peck Dam in accordance with the requirements of the Bureau. The Secretary of the Army shall provide and maintain for the use of the Bureau at said Fort Peck Dam adequate station space and equipment, including such switches, switchboards, instruments, and dispatching facilities as may be required by the Bureau for proper reception, handling, and dispatching of the electric energy produced at the said dam, together with transformers and other equipment required by the Bureau for the transmission of such energy from that place at suitable voltage to the markets which the Bureau desires to serve (b) Construction and maintenance of electric transmission lines, substations, and interconnections

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 Bureau shall provide, construct, operate, maintain, and improve such electric transmission lines and substations, and facilities and structures appurtenant thereto, as it finds necessary, desirable, or appropriate for the purpose of transmitting electric energy, available for sale, from the Fort Peck Dam to existing and potential markets, and, for the purpose of interchange of electric energy, to interconnect the Fort Peck Dam with either private or with other Federal projects and publiclyowned power systems.

(c) Acquisition of real and personal property

The Secretary of the Interior may, in the name of the United States, 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 he finds necessary or appropriate to carry out the purposes of this chapter. Title to all property and property rights acquired by said Secretary shall be taken in the name of the United States.

(d) Acquisition of any property or property rights

The Secretary of the Interior 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 purchase, lease, donation, or 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 real and personal property

The Secretary of the Interior may, in the name of the United States, 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.

(f) Contracts by Bureau

Subject to the provisions of this chapter, the Bureau may, in the name of the United States, negotiate and enter into such contracts, agreements, and arrangements as it shall find necessary or appropriate to carry out the purposes of this chapter.

§ 2354. Preference to public bodies and cooperatives

In order to insure that the facilities for the generation of electric energy at the Fort Peck Dam shall be operated for the benefit of the general public, and particularly of domestic and rural consumers, the Bureau shall at all times, in disposing of electric energy generated at said dam, give preference and priority to public bodies and cooperatives.

§ 2355. Rate schedules; preparation, approval, and uniformity Schedules of rates and charges for electric energy produced at the Fort Peck Dam and sold to purchasers as in this chapter provided shall be prepared by the Bureau and become effective upon confirma tion and approval thereof by the Federal Power Commission. Subject to confirmation and approval by the Federal Power Commission, such rate schedules may be modified from time to time by the Bureau and shall be fixed and established with a view to encouraging the widest possible diversified use of electric energy. The said rate schedules may provide for uniform rate or rates uniform throughout prescribed transmission areas in order to extend the benefits of an integrated transmission system and encourage the equitable distribution of the electric energy developed at the Fort Peck Dam.

§ 2356. Factors in determining rate schedules

Rate schedules for the sale of electric energy generated at the Fort Peck Dam in excess of the amount required for operating the dam and appurtenant works shall be determined with due regard to and predicated upon the fact that such electric energy is developed from water power created as an incident to the construction of the dam in the Missouri River at Fort Peck for the purposes set forth in section 2352 of this title. Rate schedules shall be drawn having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of Fort Peck Dam) of the cost. of producing and transmitting such electric energy, including the amortization of an appropriate share of the capital investment over a reasonable period of years. Rate schedules shall be based upon an allocation of costs made by the Federal Power Commission. In computing the cost of electric energy developed from water power created as an incident to and a by-product of the construction of Fort Peck Dam, the Federal Power Commission may allocate to the costs of electric facilities such a share of the cost of facilities having joint value for the production of electric energy and other purposes as the

power development may fairly bear as compared with such other

purposes.

§ 2357. Purchase of supplies and services; advertisement for bids

Notwithstanding any other provision of law, all purchases and contracts made by the Bureau or the Secretary of the Army for supplies or for services, except for personal services, shall be made after advertising, in such manner and at such times, sufficiently in advance of opening bids, as the Bureau or Secretary of the Army, as the case may be, shall determine to be adequate to insure notice and opportunity for competition. Such advertisement shall not be required, however, when (1) an emergency requires immediate delivery of the supplies or performance of the services; or (2) repair parts, accessories, supplemental equipment, or services are required for supplies or services previously furnished or contracted for; or (3) the aggregate amount involved in any purchase of supplies or procurement of services does not exceed $500; in which cases such purchase of supplies or procurement of services may be made in the open market in the manner common among businessmen. In comparing bids and in making awards, the Bureau or the Secretary of the Army, as the case may be, may consider such factors as relative quality and adaptability of supplies or services, the bidder's financial responsibility, skill, experience, record of integrity in dealing, and ability to furnish repairs and maintenance services, the time of delivery or performance offered, and whether the bidder has complied with the specifications. § 2358. Miscellaneous administrative provisions

(a) Accounts

The Bureau, subject to the requirements of chapters 121 to 125, inclusive, of this part and title, shall keep complete and accurate accounts of operations, including all funds expended and received in connection with transmission and sale of electric energy generated at the Fort Peck Dam.

(b) Expenditures for administrative expenses

The Bureau may make such expenditures for offices, vehicles, furnishings, equipment, supplies, and books; for attendance at meetings; and for such other facilities and services as it may find necessary for the proper administration of this chapter.