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5-1 properties and activities of such Administrator. The Bonne-2 ville project together with all activities of such Administrator 3 shall thereupon be deemed entrusted under this Act to the 4 Columbia Valley Authority, and all unexpended moneys 5 and appropriations of such Administrator shall thereupon 6 be transferred to such Authority and shall be available for 7 expenditure by such Authority under the terms of this Act; 8 and such Act of August 20, 1937, as amended, shall be 9 deemed repealed.

10 ( d) The Tennessee Valley Authority shall be the Ten-11 nessee Valley Authority as created and now functioning 12 under the Tennessee Valley Authority Act of 1933, as 13 amended, and as extended under this Act, and shall have all 14 the powers, rights, duties, and functions in such Act, in this 15 Act, or in any other law provided; but nothing herein shall 16 be construed to limit the carrying out of the purposes of the 17 Tennessee Valley Authority Act of 1933, as amended, or to 18 limit the powers and rights of the Tennessee Valley Author-19 ity in respect of, or to affect the continuity of, the functions, 20 activities, -obligations, liabilities, accounts, funds, revenues, 21 receipts, or personnel of the Tennessee Valley Authority 22 under such Act. Insofar as applicable, the provisions of the 23 Tennessee Valley Authority Act of 1933, a.s amended, and 24 any other law relating to the Tennessee Valley Authority, 25

in

addition

to

the provisions of this Act, shall exten"d to the

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6

1 geographic region added by this Act to the region of the 2 Tennessee

VT

alley Authority. The board of the Tennessee 3 Valley Authority shall be the Board of the Tennessee Valley 4 Authority as now constituted, and the directors thereof shall

5 hold office pursuant to the Tennessee Valley Authority Act,

6 as amended. Successors to such directors shall be appointed

7 and hold office pursuant to such Act.

8 . (e) The President is authorized, whenever in his judg-9 ment the purposes of this Act and the interests of economy

10 and efficiency will be served thereby, to transfer from any 11 department or agency of the United States, and entrust to 12 the appropriate authority, the control and operation of any 13 dam (together with appurtenant works) constructed, under

14 construction, or hereafter 'constructed by or on behalf of the, 15 United States. In connection with any such transfer, the 16 President may Inake such provision as he deems necessary 17 or appropriate for the transfer to such authority of une:s:-18 pended balances of appropriations available·for use in respect

19 of the project, together "7ith personnel, equipment, and any 20 powers, duties, and obligations pertaining thereto.

21 22

ORGANIZATION OF THE AUTHORITIES

SEC. 4. Each authority shall be directed and controlled

23 by an administrator, who shall be appointed by the President" 24 by and "\yith the advice and consent of the Senate, except the' 25 Tennessee Valley Authority, "\vhich shall continue as at

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pres-•

1 ent constituted. All other officers, employees, and agents of

2 an Authority shall be appointed or designated by the Author-3 ity. The term of office of each adn1inistrator shall be sey. n 4 years. .J..L\.ny administrator appointed to fill a vacancy occur-5 ring prior to the expiration of the term for which his

prede-6 cessor was appointed shall be appointed for the remainder .of 7 such term. The administrative officer of each Authority next 8 highest in rank to the adn1inistrator may be designated by 9 the administrator as deputy administrator and shall perform 10 the duties of the administrator, in the event of 'the absence 11 or sickness .of the administrator, until such absene~ or sick-12 ness shall cease, and, in the event of a vacancy in the office 13 of administrator, until a successor is appointed. Each adn1in-14 istrator shaH be' a citizen of the United States and shall 15 receive a salary at the rate of $10,000 a year, to be paid by 16 the Authority as current expenses; and each administrator 17 shall be reimbursed by the Authority for actual expenses 18 (including traveling and subsistence expenses) incurred by 19 hin1 in the performance of his duties. No administrator shall, 20 during his continuance in office, be engaged in any other 21 business, and each administrator shall devote himself to the

22 work of the Authority. No administrator shall, during his 23 continuance in office, have any financial interest in any pub-24 lie-utility company engaged in the business of generating~ 25 transmitting, distributing, or selling electric energy to the

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8

~ public, or in any holding company or subsidiary company 2 of a holding company as such. terms are de~ed in the Public 3 Utility Holding Company Act of 1935. No person shall be 4 appointed an administrator unless he professes a belief in

5 the feasibility and wisdom of this Act. Each administrator 6 shall report to the President in such a manner as the Presi-7 dent may direct.

S CORPORATE POWERS OF THE AUTHORITIES

9 SEO. 5. Subject to the provisions of this Act, each 10

Authority-11 . (1) Shall have succession in its corporate name;

12 (2) May sue and be sued in its corporate name; and 13 may bring such suits, at law or in equity, as it deems neces-14 sary or appropriate in ca.rrying out ·the purposes of the 15 Authority under this Act or any other law of the United 16 States;

] 7 (3)· May adopt and use a corporate seal, which shall 18 be judicially noticed;

19 (4) May adopt, amend, and repeal bylaws;

20 (5) Shall have power to acquire, by purchase, lease, 21 condemnation, or donatjon, such real and personal property 22 and any interest therein, and to dispose of any personal prop-23 erty or interest therein, as the Authority deems necessary or 24 appropriate in carrying out the purposes of the Authority 25 under this Act or other law of the United States; and may,

(5)

,

9

1 subject to the prior approval of the President, sell, lease, ':or 2 otherwise dispose of such real property or interest ther~jn 3 as in the judgment of the authority is no longer necess~ry 4 in· carrying out the provisions of any such law: Provid.ed, 5 . however, That no authority shall dispose .of arty real property 6 on which there is a permanent dam, hydraulic power plaut,

'1

fertilizer plant, or munitions plant, heretofore or hereafter 8 constructed by or on behalf of the United States or an 9 authority. The title to all real property shall be taken ~in 10 the name of the United States, and thereupon such real 11 property shall, for the purposes of this Act, be entrusted.' ·to 12 the authority as agent for the United States;

13 ( 6) Shall have power to enter into such contracts

ana

14 agreements, and to do such acts and things, as the authori.ty 15 deems necessary or appropriate to carry out the power$ now 16 or hereafter conferred upon it by law. i,l '.

17 COORDINATION AND INTEGRATION OF PLA.NS, PROJECTS, 18

19

AND ACTIVITIES

SEC. 6. (a) The authorities. shall be subject to thB 20 supervision of the President for the purpose of insuring ap __ 21 propriate conformity of regional policies and operations to a 22 national policy, and appropriate coordination . of regional 23 activities, having due regard for regional and local

require:-24 ments and conditions. In exercising such supervIsIon the H.R.1824-2

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10

1 President may consult and advise with a council consisting 2 of the Director of the Budget, the Ohairman of the National 3 Resources Oommittee, and such representatives designated 4 by thel'resident from such other departments and agencies 5 of the United States as the President deems advisable, and 6 one director from each authority designated from time to 7 time by such authority.

8 (b) With a view to the coordination and integration 9 of projects, activities, ana. integrated regional developments 10 for the purpose of increasing efficiency and eliminating waste 11 and duplication of effort, each authority shall study and 12 survey the projects and activities, within the region of such 13 authority, of the departments and agencies of the United 14 States relating to the promotion of navigation, the control 15 and prevention of floods, the safeguarding of navigable 16 waters, and the reclamation of the public lands, and shall 17 study and survey the regional developments of such depart-18 ments and agencies for the conservation and prudent hus-19 bandry of the water, soil, mineral, and forest resources of 20 the Nation, including the prevention of waste of the Nation's . 21 resources from droughts, winds, dust storms, and soil erosion, 22 and the control and retardation of water run-off and the 23 restoration and improvement of the absorption and infiltra-24 tion capacity of the soil. Each authority insofar as practicable 25 shall endeavor to coordinate and integrate such projects,

(7)

11

1 activities, and regional developments by devising and e£fect-2 ing arrangements for the cooperation of the field offices and 3 services of the departments and agencies of the United States.

4 Each authority insofar as practicable shall consult and

co-5 operate with the field offices and services of such departments 6 and agencies and may call upon such field officers and services 7 for any information or data relevant to such projects,

activi-8 ties, or regional developments, and it shall-be the duty of

9 such departments and agencies to have their field offices and

10 services take such action as Inay be necessary or appropriate 11 fully to cooperate with each authority.

12 ( c ) Each authority insofar as practicable shall consult 13 and cooperate with the States and with public and

coopera-14 tive agencies, in the making of studies, the collecting of

15 information and data, and the development of plans for

16 carrying out the purposes of this Act. Each authority may

17 make available to the departments and agencies of the United

18 States and to the States and the people thereof, and to pub-19 lie and cooperative agencies, such information, studies, and 20 recommendations as it deems necessary or appropriate to

21 enable public and cooperative agencies to avail themselves 22 of the preferential rights and priorities afforded by section 10 23 of this Act, and such other infornlatioll and studies, and such

24 recommendations for State legislation, as the authority deems

(8)

.12

1 Each authority shall have power to constitute one or more

2 regional or local advisory committees to advise the authority

3 generally or upon specific matters.

4 ( d) There shall be included in the plans submitted to

5 the President by each authority under section 7 such

recom-6 mendations as the authority deems necessary or appropriate

7 ( 1) for the economic and efficient cooperation among

Fed-8 eral, State, -regional, and local departments and agencies, and

9 ( 2) for further legislation to promote the development,

in-10 tegration, and coordination of projects and activities under

11 this Act and otherwise to effectuate the purposes of this Act.

12 SUBMISSION OF PLANS TO THE PRESIDENT AND THE

13 CONGRESS

14 SEC. 7. (a) Each authority shall, not later than October

15 15 of each year, submit to the President plans for the

con-16 struction and undertaking, during the succeeding

govern-17 mental fiscal year, of projects and activities for or incidental

18 to the promotion of navigation, the control and prevention of

19 floods, the safeguarding of navigable waters, the reclamation

20 of the public lands, and the generation, sale, and distribution

21 of electric energy, and such further plans for integrated

22 regional developments as each authority finds necessary

23 or appropriate in the national public interest for the

con-24 servation and prudent husbandry of the water, soil, mineral,

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13

1 irreparable waste of the Nation's resources from droughts, 2 winds, dust storms, and soil erosion, and the control and 3 retardation of water run-off and the restoration and

improve-4 ment of the absorption and infiltration capacity of the soil. 5 Such plans shall indicate the order of preference and priority 6 of the projects and activities.

7 (b) If the President, after such study and investigation 8 as he shall require by the Director of the Budget, the N a-9 tional Resources Committee, and such other departments and 10 agencies of the United States as the President deems advis-11 able, approves such plans, or any of them or any part 12 thereof, as necessary or desirable in carrying out the pur-13 poses of this Act, the President shall refer such plans to' the 14 Congress with his recolnmendations. The President may at 15 any time request an authority to submit to him, for reference 16 to the Congress, plans for such projects or activities as in his 17 judgment may be necessary or desirable in carrying out the 18 purposes of this Act; and the authority, as soon as practi-19 cable, shall submit such plans to the President. In the case 20 of plans (such as those for the conservation of surface and 21 subsurface moisture and the prevention of wind erosion in 22 the Great Plains) which involve integrated developments 23 traversing the geographic region of two or more authorities,. 24 the President may assign or reassign the duty of working out

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14

'1 or appropriate to obtain the advantages of natural and 2 economic boundaries in the planning of such integrated

3 developments.

4 PREPARATION OF PLANS

5 SEC. 8. (a) Plans submitted to the President

by

each

6 authority pursuant to section 7 shall include such projects

7 and activities, and such recommendations for the construc-8 tion and undertaking thereof, as the authority finds adapted

9 to the conservation and integrated development and

utiliza-10 tion of water, soil, and forest resources for the following

11 purposes: \ '.~.:"}: r .l. " : ;'~':(;'I

12 (1) The promotion of navigation by, an long other 13 . means, the improvement of the channels of navigable rivers 14 and their tributaries; the prevention of siltation of such 15 waters; the regulation of stream flow; and the developrnent 16 and coordination of navigation, facilities.

17, (2) The control and prevention of floods to prevent 18 destruction and interference with navigation, the facilities

19~ of interstate commerce, and the properties and functions of 20, the United States, with due regard to the maximum protec-211 tion of life and property, by, among other means, the storage, 22 control, and disposition of flood and surplus waters, and the 23 control and retardation of water run-off and the restoration 24' and improvement of the absorption and infiltration capacity 25 of the soil. Plans for such purposes shall include, among

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15

1 other things, dams, reservoirs, levees, spillways, and

flood-2 ways; improved methods and conditions of soil conservation, 3 utilization, fertilization, and cultivation; and the conservation

4 of forests and afforestation and reforestation of lands. In

5 the case of plans involving the production of fertilizers or 6 fertilizer ingredients, such plans, insofar as practicable, shall 7 provide for the construction and operation of plants and 8 equipment in such manner as will make them of maximum

9 usefulness for the production of munitions or war materials 10 in time of war.

11 ( 3) The safeguarding of navigable waters and their use

12 by, among other means, the prevention and abatement of

13 pollution of navigable streams and their tributaries, and the

14 provision of sewage disposal and water purification works ] 5 and structures and facilities in connection therewith.

16 ( 4 ) The reclamation of arid or swampy public lands

17 by, among other means, the irrigation and drainage and the

18 economic development and use of such lands.

19 (5) The generation, utilization, transmission, sale, and

20 distribution of electric energy in furtherance of the purpose

21 and policy of this Act.

22 [ (b) So far as may be consistent with or necessary or

23 . appropriate for the promotion of navigation, the control

24 and pr.eventi?n of floods, the safeguarding of navigable 25 waters, and the reclamation of the public lands, as provided

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16

1 in subsection (a), plans shall give due regard to the follow-2 ing among other considerations: (1) The present and future 3 developm.ent, conversation, and utilization of water for power, 4 irrigation, and other beneficial uses; (2) the prudent hus-5 bandry of soil, mIneral, and forest resources and their

conser-6 vation for recreation, the protection of wild game, and other 7 beneficial uses; ( 3) the urgency of preventing irreparable 8 vvaste of the N atioll's resonrces front droughts, winds, dust

9 storn}s, and soil erosion; (4) the integration and interconnec-10 tiOll of projects and activities, the developlnent of their nlulti-11 pIe purposes, and the equitable distribution of the benefits 12 thereof; ( 5) equitable contributions to cost by States and 13 subdivisions and agencies thereof specially benefited by the 14 projects and activities; (6) equitable contributions, fronl the 15 revenues of a project or· otherwise, to compensate States and 16 subdivisions and agencies thereof for special losses, not offset 17 or lnitigated by benefits, ,vhich may be occasioned by the 18 carrying out projects; and (7) such economic, social, and 19 cultural values as may be affected or furthered by the projects

20 and activities.

21 ( c ) Plans may include not only projects and activities

22 to be constructed or undertaken by the various departments

23 and agencies of the United States solely from funds of · the 24 United States; but also projects and act,ivities to be con-25 structed or undertaken by such departments and agencies

References

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