PRIA Logo™
Take the PRIA Score
Title 16 — ConservationRelease 119-73

§838c Acquisition by condemnation of transmission facilities

Title 16 › Chapter CHAPTER 12G— - PACIFIC NORTHWEST FEDERAL TRANSMISSION SYSTEM › § 838c

Last updated Apr 6, 2026|Official source

Summary

The Administrator must not use funds available under this chapter to take over an operating transmission facility by condemnation, unless Congress specifically allows it or gives money for that purpose. This does not stop the Administrator from condemning only the right to cross a facility. At least 60 days before sending Congress a request for approval or authority under this law or under section 838b, the Administrator must notify Pacific Northwest entities that have power sale or exchange contracts, transmission contracts, or an interconnection with the Federal transmission system.

Full Legal Text

Title 16, §838c

Conservation — Source: USLM XML via OLRC

(a)Unless specifically authorized by Act of Congress, the Administrator shall not expend funds made available under this chapter, other than funds specifically appropriated by the Congress for such purpose, to acquire any operating transmission facility by condemnation: Provided, That this provision shall not restrict the acquisition of the right to cross such a facility by condemnation.
(b)At least sixty days prior to the time a request for approval or authority under this section or section 838b of this title is sent to Congress, the Administrator shall give notice of such request to entities in the Pacific Northwest with which the Administrator has power sales or exchange contracts or transmission contracts or which have a transmission interconnection with the Federal transmission system.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of the Interior with respect to Bonneville Power Administration transferred to Secretary of Energy by section 7152(a)(1)(D), (2) of Title 42, The Public Health and Welfare, with Bonneville Power Administration to be preserved as a distinct organizational entity within Department of Energy and headed by an Administrator.

Reference

Citations & Metadata

Citation

16 U.S.C. § 838c

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73