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, (c) Report to Congress In December of each year, the Secretary of the Interior shall file with the Congress a financial statement and a complete report as to the transmission and sale of electric energy generated at the Fort Peck Dam during the preceding governmental fiscal year. § 2359. Personnel; appointment and compensation The Secretary of the Interior, the Secretary of the Army, and the Federal Power Commission, respectively, shall appoint such attorneys, engineers, and other experts as may be necessary for carrying out the functions entrusted to them under this chapter, without regard to the provisions of the civil-service laws, and shall fix the compensation of each of such attorneys, engineers, and other experts at not to exceed $7,500 per annum; and they may, subject to the civil-service laws, appoint such other officers and employees as may be necessary to carry out such functions and fix their salaries in accordance with laws providing plans for the classification and fixing basic rates of compensation for Federal employees. In the administration of this chapter the services of regular employees in the Bureau may be utilized and an equitable part of the salaries of such employees whose services are thus utilized may be charged by the Bureau to the operating costs of the power features of the Fort Peck Dam. The Bureau similarly may utilize and charge for facilities of the Bureau which economically can be used in connection with the administration of this chapter. § 2360. Deposit of receipts; establishment of continuing fund; appropriations All receipts from transmission and sale of electric energy generated at the Fort Peck Dam shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, save and except that the Treasury shall set up and maintain from such receipts a continuing fund of $500,000, to the credit of the Bureau and subject to expenditure by it, to defray the operating expense of generation and transmission of power delivered to the Bureau for disposal under this chapter, to defray emergency expenses and to insure continuous operation. There is hereby authorized to be appropriated from time to time, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this chapter, including installation of equipment and machinery for the generation of electric energy, and facilities for its transmission and sale. § 2361. Right to bring suits and defend actions The Secretary of the Interior may, in the name of the United States, under the supervision of the Attorney General, bring such actions as in his judgment may be necessary to carry out the purposes of this chapter; and he shall be represented in the prosecution and defense of all litigation affecting the status or operation of the Fort Peck Dam by the United States attorneys for the districts, respectively, in which such litigation may arise, or by such attorney or attorneys as the Attorney General may designate as authorized by law, in conjunction with the regularly employed attorneys of the Bureau. § 2362. Reimbursement of school district for facilities furnished dependents Under regulations prescribed by the Secretary of the Army, payments may be made, in advance or otherwise, from any funds available for the Fort Peck Dam and plant, Montana, to the school district or districts serving that project as reimbursement for educational facilities (including, where appropriate, transportation to and from school) furnished by the said district or districts to pupils who are dependents of persons engaged in the operation and maintenance of the dam and plant and living at or near Fort Peck upon real property of the United States not subject to taxation by State or local agencies and upon which payments in lieu of taxes are not made by the United States, which payments for any school year shall not exceed that part of the cost of operating and maintaining such facilities which the number of pupils aforesaid in average daily attendance during that year bears to the whole number of pupils in average daily attendance at those schools during that year. Of the whole amount so paid in any fiscal year, the Bureau shall reimburse the Secretary of the Army from the continuing fund provided in section 2360 of this title, that part which is properly chargeable as an operation expense incident to the generation and transmission of power delivered to the Bureau under this chapter. INDIAN LANDS; ACQUISITION § 2366. Land for electric transmission lines and other works In aid of the construction of the Fort Peck project, there is granted to the United States, subject to the provisions of sections 2367 to 2370 of this title, such right, title, and interest of the Indians as may be required in and to such tribal and allotted lands as may be designated by the Secretary of the Interior from time to time for the construction, operation, and maintenance of electric transmission lines and other works of the project or for the relocation or reconstruction of properties made necessary by the construction of the project. § 2367. Compensation to Indians for lands As lands or interests in lands are designated from time to time under section 2366 of this title, the Secretary of the Interior shall determine the amount of money to be paid to the Indians as just and equitable compensation therefor. The amounts due the tribe and the individual allottees or their heirs or devisees shall be paid from funds made available to the Department of the Interior for the Fort Peck project to the superintendent of the appropriate Indian agency, or such other officer as may be designated by the Secretary of the Interior, for credit on the books of such agency to the accounts of the tribe and the individuals concerned. § 2368. Acquisition of other lands for Indians Funds deposited to the credit of allottees, their heirs, or devisees may be used, in the discretion of the Secretary of the Interior, for the acquisition of other lands and improvements, or the relocation of existing improvements or construction of new improvements on the lands so acquired for the allottees or heirs whose lands and improvements are acquired under the provisions of section 2366 of this title. Lands so acquired shall be held in the same status as those from which the funds were derived, and shall be nontaxable until otherwise provided by Congress. § 2369. Reversion of lands All designations of Indian lands pursuant to section 2366 of this title shall be made subject to the condition that in the event any such lands shall no longer be required for the purposes for which they were designated, then the right, title, or interest so acquired in lands so designated shall revert to the United States in trust for the Fort Peck Indian Tribes. § 2370. Rules and regulations for carrying out subchapter The Secretary of the Interior is hereby authorized to perform any and all acts and to prescribe such regulations as he may deem appropriate to carry out the provisions of sections 2366 to 2369 of this title. 2502. Continuance as a body corporate; purposes. 2503. Directors; appointment; terms; qualifications; compensation. 2504. Offices of Corporation; accounts. 2505. Officers and employees; compensation. 2506. Treasurer and assistants; bonds. 2507. Nonpolitical merit system for employees. 2508. Contracts; minimum wages. 2509. Compensation for injuries. 2510. Financial statements; reports; audit. 2511. Corporate powers. 2512. Purchases; advertising for bids; awards. 2513. Sale of unnecessary land. SEC. 2501 2514. Alteration or relocation of bridges over Tennessee River and tributaries. 2515. Powers of directors. 2516. Nitrate plant to be held in stand-by condition. 2517. Power for aid of navigation. 2518. Prohibition of exports. 2519. Property intrusted to corporation. 2520. Promotion of navigation and flood control; generation of electric energy, marketing thereof; conditions of sale. 2521. Transmission lines; lease; contracts with States and municipalities; rates. 2522. Disposition of surplus power; authority of Board; extension of credit. 2523. Valuation of plants. 2524. Cost data; reports. 2525. Bonds, form and issuance; purchase by United States. 2526. Default on bonds by Corporation; redemption out of Treasury; purchase authorized. 2527. Relocation of roads, railroads, and utilities. 2528. Gross earnings; percentage payments to states. 2828a. Amortization of indebtedness; repayment of appropriations. 2529. Use of patents; rights of employee. 2530. Taking over by Government in emergencies. 2531. Offenses. 2532. Survey for determining extent of development. 2533. Recommendations to Congress. 2534. Condemnation proceedings. 2535. Payment of proceeds into treasury; exceptions; continuing fund; construction. 2536. Constructions affecting Tennessee River system subject to approval of Board; enforcement; interpretation. 2537. Appropriations. 2538. Reservation. 2539. Act to be liberally construed. 2540. Separability. § 2501. Definitions As used in this chapter: "Board" means the board of directors of the Tennessee Valley Authority. "Corporation" means the Tennessee Valley Authority. |