Title 16, ConservationRelease 119-110

§831l Financial Assistance to States and Local Governments in Lieu of Taxation; Apportionment; Limitation on Contracts for Sale of Power to Municipalities; Report to Congress

Title 16 › CHAPTER 12A — TENNESSEE VALLEY AUTHORITY › § 831l

Last updated Sep 23, 2026|Official source

Summary

The Board must pay money each year to the States and counties where the Corporation runs power operations and owns former taxable property. The payment is a percentage of the Corporation’s total sales of power from the previous year (gross proceeds). The percentages are: 1940—10%; 1941—9%; 1942—8%; 1943—7.5%; 1944—7%; 1945—6.5%; 1946—6%; 1947—5.5%; 1948 and later—5%. Gross proceeds means all money from selling power in the prior year, except power the Corporation used itself or power sold to other federal agencies for anything other than resale. These payments replace state and local taxes, and the Corporation and its property are not taxed by states or localities. Each year’s payment to the States is split two ways. Half is based on each State’s share of the Corporation’s power sales in that State in the prior year. The other half is based on each State’s share of the book value of the Corporation’s power property in that State at the end of the prior year (book value includes the part of investments used for power). Each State must get at least the two-year average of the state and local property taxes that were charged on the property when it was privately owned, and at least $10,000 if the Corporation owns power property there. The Corporation pays counties directly their two-year average of county property taxes, and those county payments are subtracted from the State’s share. The Board’s payment decisions are final. Payments start in monthly equal amounts no later than July 31, 1940. The Corporation may include tax-equivalent charges in sales to cities if the city properly passes those amounts to the State and counties. The Corporation must send Congress a report by January 1, 1945, describing how these rules worked, how payments were distributed, and their effects on local finances and taxable values.

Full Legal Text

Title 16, §831l

Conservation, Source: USLM XML via OLRC

In order to render financial assistance to those States and local governments in which the power operations of the Corporation are carried on and in which the Corporation has acquired properties previously subject to State and local taxation, the Board is authorized and directed to pay to said States, and the counties therein, for each fiscal year, beginning July 1, 1940, the following percentages of the gross proceeds derived from the sale of power by the Corporation for the preceding fiscal year as hereinafter provided, together with such additional amounts as may be payable pursuant to the provisions hereinafter set forth, said payments to constitute a charge against the power operations of the Corporation: For the fiscal year (beginning July 1) 1940, 10 per centum; 1941, 9 per centum; 1942, 8 per centum; 1943, 7½ per centum; 1944, 7 per centum; 1945, 6½ per centum; 1946, 6 per centum; 1947, 5½ per centum; 1948 and each fiscal year thereafter, 5 per centum. “Gross proceeds”, as used in this section, is defined as the total gross proceeds derived by the Corporation from the sale of power for the preceding fiscal year, excluding power used by the Corporation or sold or delivered to any other department or agency of the Government of the United States for any purpose other than the resale thereof. The payments herein authorized are in lieu of taxation, and the Corporation, its property, franchises and income, are expressly exempted from taxation in any manner or form by any State, county, municipality, or any subdivision or district thereof. The payment for each fiscal year shall be apportioned among said States in the following manner: One-half of said payment shall be apportioned by paying to each State the percentage thereof which the gross proceeds of the power sales by the Corporation within said State during the preceding fiscal year bears to the total gross proceeds from all power sales by the Corporation during the preceding fiscal year; the remaining one-half of said payment shall be apportioned by paying to each State the percentage thereof which the book value of the power property held by the Corporation within said State at the end of the preceding fiscal year bears to the total book value of all such property held by the Corporation on the same date. The book value of power property shall include that portion of the investment allocated or estimated to be allocable to power: Provided, That the minimum annual payment to each State (including payments to counties therein) shall not be less than an amount equal to the two-year average of the State and local ad valorem property taxes levied against power property purchased and operated by the Corporation in said State and against that portion of reservoir lands related to dams constructed by or on behalf of the United States Government and held or operated by the Corporation and allocated or estimated to be allocable to power. The said two-year average shall be calculated for the last two tax years during which said property was privately owned and operated or said land was privately owned: Provided further, That the minimum annual payment to each State in which the Corporation owns and operates power property (including payments to counties therein) shall not be less than $10,000 in any case: Provided further, That the corporation shall pay directly to the respective counties the two-year average of county ad valorem property taxes (including taxes levied by taxing districts within the respective counties) upon power property and reservoir lands allocable to power, determined as above provided, and all payments to any such county within a State shall be deducted from the payment otherwise due to such State under the provisions of this section. The determination of the Board of the amounts due hereunder to the respective States and counties shall be final. The payments above provided shall in each case be made to the State or county in equal monthly installments beginning not later than July 31, 1940. Nothing herein shall be construed to limit the authority of the Corporation in its contracts for the sale of power to municipalities, to permit or provide for the resale of power at rates which may include an amount to cover tax-equivalent payments to the municipality in lieu of State, county, and municipal taxes upon any distribution system or property owned by the municipality, or any agency thereof, conditioned upon a proper distribution by the municipality of any amounts collected by it in lieu of State or county taxes upon any such distribution system or property; it being the intention of Congress that either the municipality or the State in which the municipality is situated shall provide for the proper distribution to the State and county of any portion of tax equivalent so collected by the municipality in lieu of State or county taxes upon any such distribution system or property. The Corporation shall, not later than January 1, 1945, submit to the Congress a report on the operation of the provisions of this section, including a statement of the distribution to the various States and counties hereunder; the effect of the operation of the provisions of this section on State and local finances; an appraisal of the benefits of the program of the Corporation to the States and counties receiving payments hereunder, and the effect of such benefits in increasing taxable values within such States and counties; and such other data, information, and recommendations as may be pertinent to future legislation.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Pub. L. 108–447 substituted “Board” for “board” in first and second pars. 1940—Act June 26, 1940, amended section generally.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–447 effective on the later of the date on which at least three persons nominated under section 604(a) of Pub. L. 108–447 take office or May 18, 2005, see section 604(b) of Pub. L. 108–447, set out in an Appointments;

Effective Date

Transition note under section 831a of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 831l

Title 16, Conservation

Last Updated

Sep 23, 2026

Release point: 119-110