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FEDERAL POWER ACT

(3)

FEDERAL POWER ACT

PART I

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a commission is hereby created and established, to be known as the Federal Power Commission (hereinafter referred to as the "commission") which shall be composed of five commissioners who shall be appointed by the President, by and with the advice and consent of the Senate, one of whom shall be designated by the President as chairman and shall be the principal executive officer of the commission: Provided, That after the expiration of the original term of the commissioner so designated as chairman by the President, chairmen shall be elected by the commission itself, each chairman when so elected to act as such until the expiration of his term of office. [16 U.S.C. 792]

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Terms of com

The commissioners first appointed under this section, missioners. as amended, shall continue in office for terms of one, two, three, four, and five years, respectively, from the date this section, as amended, takes effect, the term of each to be designated by the President at the time

of nomination. Their successors shall be appointed each of successors. for a term of five years from the date of the expiration of the term for which his predecessor was appointed and until his successor is appointed and has qualified, except that he shall not so continue to serve beyond the expiration of the next session of Congress subsequent to the expiration of said fixed term of office, and except

that

any person appointed to fill a vacancy occurring Exceptions. prior to the expiration of the term for which his

Restriction of appointment because of political, etc., affiliations.

etc., by commissioners prohib

ited.

predecessor was appointed shall be appointed only for the unexpired term. Not more than three of the commissioners shall be appointed from the same political party. No person in the employ of or holding any official relation to any licensee or to any person, firm, association, or corporation engaged in the generation, transmission, distribution, or sale of power, or owning stock or bonds thereof, or who is in any manner Other business, pecuniarily interested therein, shall enter upon the duties of or hold the office of commissioner. Said commissioners shall not engage in any other business, vocation, or employment. No vacancy in the commission shall impair the right of the remaining commissioners to exercise all the powers of the commission. Three members of the commission shall constitute a quorum for the transaction of business, and the commission shall have an official seal of which judicial notice shall Election of vice be taken. The commission shall annually elect a vice chairman to act in case of the absence or disability of the chairman or in case of a vacancy in the office of chairman. [16 U.S.C. 792]

Right to function if vacancy exists.

Quorum and seal.

chairman

Compensation, traveling, etc., expenses.

Principal office

in District for general sessions.

Special sessions.

Office personnel.

Appointment

and salaries.

Each commissioner shall receive an annual salary of $10,000, together with necessary traveling and subsistence expenses, or per diem allowance in lieu thereof, within the limitations prescribed by law, while away from the seat of government upon official business. [16 U.S.C. 792]

The principal office of the commission shall be in the District of Columbia, where its general sessions shall be held; but whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the commission may hold special session in any part of the United States. [16 U.S.C. 792]

SEC. 2. The commission shall have authority to appoint, prescribe the duties, and fix the salaries of, to appoint, prescribe the duties, and fix the salaries of, a secretary, a chief engineer, a general counsel, a solicitor, and a chief accountant; and may, subject to the civil service laws, appoint such other officers and employees as are necessary in the execution of its functions and fix their salaries in accordance with the Classification Act of 1949. The commission may request the

Detail of officers from other

President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, departments. to serve the commission as engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the commission; and such detail is hereby authorized. The President may also, at the request of the commission, detail, assign, or transfer to the commission engineers in or under the Departments of the Interior or Agriculture for field work outside the seat of government under the direction of the commission. [16 U.S.C. 793]

penses author

The Commission may make such expenditures (including expenditures for rent and personal services at the Contingent exseat of government and elsewhere, for law books, ized. periodicals, and books of reference, and for printing and binding) as are necessary to execute its functions. Expenditures by the commission shall be allowed and paid upon the presentation of itemized vouchers therefor, approved by the chairman of the Commission or by such other member or officer as may be authorized by the Commission for that purpose subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended. [16 U.S.C. 793]

SEC. 3. [As amended August 26, 1935.] The words defined in this section shall have the following meanings for purposes of this Act, to wit:

Meaning of terms as used.

(1) "public lands" means such lands and interest in lands owned by the United States as are subject to "Public lands." private appropriation and disposal under public land

laws. It shall not include "reservations," as herein

after defined; [16 U.S.C. 796 (1)]

(2) "reservations" means national forest, tribal lands "Reservations." embraced within Indian reservations, military reservations, and other lands and interests in lands owned by the United States, and withdrawn, reserved, or withheld from private appropriation and disposal under the public land laws; also lands and interests in lands acquired and held for any public purposes; but shall not include national monuments or national parks; [16 U.S.C. 796(2)]

(3) "corporation" means any corporation, joint-stock "Corporation." company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include "municipalities" as hereinafter defined; [16 U.S.C. 796 (3)]

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