§ 831d. Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power

Footnotes

1. 1 So in original. Probably should be “Board’s”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1933

   Pub. L. 73–32 § 5 · 48 Stat. 58

   Enacted · 16 U.S.C. § 831d

   May 18, 1933, ch. 32, § 5, 48 Stat. 61

   Source evidence

   Code source credit
   May 18, 1933, ch. 32, § 5, 48 Stat. 61

   Enacted provision · exact public law section
   Sec. 5. The board is hereby authorized— Board authority. (a) To contract with commercial producers for the production of To contract with commercial producers for producing fertilizer, etc. such fertilizers or fertilizer materials as may be needed in the Government’s program of development and introduction in excess of that produced by Government plants. Such contracts may provide either for outright purchase of materials by the board or only for the payment of carrying charges on special materials manufactured at the board’s request for its program. (b) To arrange with farmers and farm organizations for large-scale To arrange for practical use of new forms of fertilizers. practical use of the new forms of fertilizers under conditions permitting an accurate measure of the economic return they produce. (c) To cooperate with National, State, district, or county experimental Cooperative demonstrations. stations or demonstration farms, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction. (d) The board in order to improve and cheapen the production of To make and sell fixed nitrogen, fertilizer, etc., at Muscle Shoals. fertilizer is authorized to manufacture and sell fixed nitrogen, fertilizer, and fertilizer ingredients at Muscle Shoals by the employment of existing facilities, by modernizing existing plants, or by any other process or processes that in its judgment shall appear wise and profitable for the fixation of atmospheric nitrogen or the cheapening of the production of fertilizer. (e) Under the authority of this Act the board may make donations Equitable distribution through agricultural agencies. or sales of the product of the plant or plants operated by it to be fairly and equitably distributed through the agency of county demonstration agents, agricultural colleges, or otherwise as the board may direct, for experimentation, education, and introduction of the use of such products in cooperation with practical farmers so as to obtain information as to the value, effect, and best methods of their use. (f) The board is authorized to make alterations, modifications, or Plant improvements, etc. improvements in existing plants and facilities, and to construct new plants. (g) In the event it is not used for the fixation of nitrogen for agricultural Nitrate plant no. 2. Explosives production at, if not used for nitrogen fixation. purposes or leased, then the board shall maintain in stand-by condition nitrate plant numbered 2, or its equivalent, for the fixation of atmospheric nitrogen, for the production of explosives in the event of war or a national emergency, until the Congress shall by joint resolution release the board from this obligation, and if any part thereof be used by the board for the manufacture of phosphoric acid Phosphoric acid or potash manufacture. or potash, the balance of nitrate plant numbered 2 shall be kept in stand-by condition. (h) To establish, maintain, and operate laboratories and experimental Laboratories, etc., to be established, etc. plants, and to undertake experiments for the purpose of enabling the Corporation to furnish nitrogen products for military Experiments for military purposes. purposes, and nitrogen and other fertilizer products for agricultural purposes in the most economical manner and at the highest standard of efficiency. (i) To request the assistance and advice of any officer, agent, or Aid of other Government services. employee of any executive department or of any independent office of the United States, to enable the Corporation the better to carry out its powers successfully, and as far as practicable shall utilize the services of such officers, agents, and employees, and the President shall, if in his opinion, the public interest, service, or economy so require, direct that such assistance, advice, and service be rendered to the Corporation, and any individual that may be by the President directed to render such assistance, advice, and service shall be thereafter subject to the orders, rules, and regulations of the board: Provisos. Use of any invention or discovery. Provided, That any invention or discovery made by virtue of and incidental to such service by an employee of the Government of the United States serving under this section, or by any employee of the Corporation, together with any patents which may be granted thereon, shall be the sole and exclusive property of the Corporation, which is hereby authorized to grant such licenses thereunder as shall Pay to inventor, etc. be authorized by the board: Provided further, That the board may pay to such inventor such sum from the income from sale of licenses as it may deem proper. (j) Upon the requisition of the Secretary of War or the Secretary of the Navy to manufacture for and sell at cost to the United States explosives or their nitrogenous content. (k) Upon the requisition of the Secretary of War the Corporation shall allot and deliver without charge to the War Department so much power as shall be necessary in the judgment of said Department for use in operation of all locks, lifts, or other facilities in aid of navigation. (l) To produce, distribute, and sell electric power, as herein particularly specified. (m) No products of the Corporation shall be sold for use outside of the United States, its Territories and possessions, except to the United States Government for the use of its Army and Navy, or to its allies in case of war. (n) The President is authorized, within twelve months after the passage of this Act, to lease to any responsible farm organization or to any corporation organized by it nitrate plant numbered 2 and Waco Quarry, together with the railroad connecting said quarry Term not to exceed 50 years. with nitrate plant numbered 2, for a term not exceeding fifty years at a rental of not less than $1 per year, but such authority shall Condition. be subject to the express condition that the lessee shall use said property during the term of said lease exclusively for the manufacture of fertilizer and fertilizer ingredients to be used only in the manufacture of fertilizer by said lessee and sold for use as fertilizer. Lessee to keep property in first-class condition; may modernize, etc. The said lessee shall covenant to keep said property in first-class condition, but the lessee shall be authorized to modernize said plant numbered 2 by the installation of such machinery as may be necessary, and is authorized to amortize the cost of said machinery and improvements over the term of said lease or any part thereof. Said Power for operating plant. lease shall also provide that the board shall sell to the lessee power for the operation of said plant at the same schedule of prices that it charges all other customers for power of the same class and quantity. Discretionary purchase of, from Alabama Power Company, etc. Said lease shall also provide that, if the said lessee does not desire to buy power of the publicly owned plant, it shall have the right to purchase its power for the operation of said plant of the Alabama Power Company or any other publicly or privately owned corporation engaged in the generation and sale of electric power, and in Provision for transmission lines. such case the lease shall provide further that the said lessee shall have a free right of way to build a transmission line over Government property to said plant paying the actual expenses and damages, No illegal monopoly, etc., guaranty. if any, incurred by the Corporation on account of such line. Said lease shall also provide that the said lessee shall covenant that during the term of said lease the said lessee shall not enter into any illegal monopoly, combination, or trust with any privately owned corporation engaged in the manufacture, production, and sale of fertilizer with the object or effect of increasing the price of fertilizer to the farmer.

2. 1935

   Public Law not identified

   Inserted · 16 U.S.C. § 831d(c)

   Subsec. (c). Act Aug. 31, 1935, inserted “with farmers, landowners, and associations of farmers and landowners,” after “demonstration farms” and “and for promoting the prevention of soil erosion by the use of fertilizers and otherwise” after “period of their introduction”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (c). Act Aug. 31, 1935, inserted “with farmers, landowners, and associations of farmers and landowners,” after “demonstration farms” and “and for promoting the prevention of soil erosion by the use of fertilizers and otherwise” after “period of their introduction”.

3. 1952

   Public Law not identified

   Inserted · 16 U.S.C. § 831d(m)

   Subsec. (m). Joint Res. July 3, 1952, inserted “or, until six months after the termination of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date or dates as the Congress by concurrent resolution or the President may provide but in no event after April 1, 1953, to nations associated with the United States in defense activities”

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (m). Joint Res. July 3, 1952, inserted “or, until six months after the termination of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date or dates as the Congress by concurrent resolution or the President may provide but in no event after April 1, 1953, to nations associated with the United States in defense activities”.

4. 1959

   Pub. L. 86–137 § 3 · 73 Stat. 280

   Changed · 16 U.S.C. § 831d(m)

   Pub. L. 86–137 excepted ferrophosphorus

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 86–137 excepted ferrophosphorus.

   Enacted provision · exact public law section
   Sec. 3. That section 5(m) of the Tennessee Valley Authority Act of 1933, as amended, is hereby amended by inserting after the word 66 Stat. 334. 16 USC 831d. “Corporation” in the first line, the words “except ferrophosphorus”.

5. 1976

   National Emergencies Act

   Pub. L. 94–412 title V § 501(d) · 90 Stat. 1255

   Struck · 16 U.S.C. § 831d(m)

   Pub. L. 94–412 struck out subsec. (m) which barred sale of TVA products outside United States except to Government for military use or its allies in case of war or until six months after termination of Korean emergency

   Source evidence

   Code amendment note
   Subsec. (m). Pub. L. 94–412 struck out subsec. (m) which barred sale of TVA products outside United States except to Government for military use or its allies in case of war or until six months after termination of Korean emergency.

   Enacted provision · exact public law section
   (d) Section 5(m) of the Tennessee Valley Authority Act of 1933 as amended (16 U.S.C. 831d(m)) is repealed.

6. 2004

   Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005

   Pub. L. 108–447 div. C title VI § 603(a)(2) · 118 Stat. 2809

   Substituted · 16 U.S.C. § 831d

   Pub. L. 108–447 substituted “Board” for “board” wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 108–447 substituted “Board” for “board” wherever appearing.

   Enacted provision · exact public law section
   Sec. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

   Effective date note
   Amendment 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.

4 of 6 references resolved to an enrolled provision · 2 unresolved