16 USC 460 - Tennessee Valley Authority transfer costs

Collapse to view only § 460lll-48. Tennessee Valley Authority transfer costs

§ 460lll-41. Effective date of transfer
§ 460lll-42. Statement of policy
§ 460lll-43. Memorandum of agreement
§ 460lll-44. Records
§ 460lll-45. Transfer of personal property
§ 460lll-46. Compliance with environmental laws
§ 460lll-47. Personnel
§ 460lll-48. Tennessee Valley Authority transfer costs
§ 460lll-49. Tennessee Valley Authority transfer funding

§ 460lll–41. Effective date of transfer

Effective on October 1 of the first fiscal year for which Congress does not appropriate to the Tennessee Valley Authority at least $6,000,000 for the Recreation Area, or, if this Act is enacted during a fiscal year for which Congress has not made such an appropriation, effective as of October 21, 1998, administrative jurisdiction over the Recreation Area is transferred from the Tennessee Valley Authority to the Secretary.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 541], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)

§ 460lll–42. Statement of policyIt is the policy of the United States that, to the maximum extent practicable—

(1) the transfer of jurisdiction over the Recreation Area from the Tennessee Valley Authority to the Secretary should be effected in an efficient and cost-effective manner; and

(2) due consideration should be given to minimizing—

(A) disruption of the personal lives of the Tennessee Valley Authority and Forest Service employees; and

(B) adverse impacts on permittees, contractees, and others owning or operating businesses affected by the transfer.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 542], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)

§ 460lll–43. Memorandum of agreement

(a) In general

(b) Provisions

The memorandum of understanding shall provide procedures for—

(1) the orderly withdrawal of officers and employees of the Tennessee Valley Authority;

(2) the transfer of property, fixtures, and facilities;

(3) the interagency transfer of officers and employees;

(4) the transfer of records; and

(5) other transfer issues.

(1) In general

(2) Duration

(3) Personnel costs

(Pub. L. 105–277, div. A, § 101(e) [title V, § 543], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)

§ 460lll–44. Records

(a) Recreation Area records

(b) Personnel records

(d) Land title records

(Pub. L. 105–277, div. A, § 101(e) [title V, § 544], Oct. 21, 1998, 112 Stat. 2681–231, 2681–318.)

§ 460lll–45. Transfer of personal property

(a) Subject property

(1) Inventory

(2) Availability for transfer

(A) In general

(B) Property included

(3) Exclusion of property

(b) Designation

(d) Surplus property

(1) Disposition

Any personal property, including structures and facilities, that the Secretary determines cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to other persons may be declared excess by the Secretary and—

(A) sold by the Secretary on such terms and conditions as the Secretary may prescribe to achieve the maximum benefit to the Federal Government; or

(B) disposed of under chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2) Deposit of proceeds

(Pub. L. 105–277, div. A, § 101(e) [title V, § 545], Oct. 21, 1998, 112 Stat. 2681–231, 2681–319.)

§ 460lll–46. Compliance with environmental laws

(a) Documentation of existing conditions

(1) In general

(2) Additional documentation

(b) Action required

(1) Assessment

(2) Memorandum of understanding

If the assessment concludes action is required under any environmental law with respect to any portion of the Recreation Area property, the Secretary and the Chairman shall enter into a memorandum of understanding that—

(A) provides for the performance by the Chairman of the required actions identified in the assessment; and

(B) includes a schedule providing for the prompt completion of the required actions to the satisfaction of the Secretary.

(d) Continuation of responsibilities and liabilities

(1) In general

(2) Access

(3) No liability

The Secretary shall not be liable under any environmental law for matters that are related directly or indirectly to present or past activities of the Tennessee Valley Authority on the Recreation Area property, including liability for—

(A) costs or performance of response actions required under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related to the Recreation Area; or

(B) costs, penalties, fines, or performance of actions related to noncompliance with any environmental law at or related to the Recreation Area or related to the presence, release, or threat of release of any hazardous substance, pollutant, or contaminant, hazardous waste, hazardous material, or petroleum product or derivative of a petroleum product of any kind at or related to the Recreation Area, including contamination resulting from migration.

(4) No effect on responsibilities or liabilities

(e) Other Federal agencies

(Pub. L. 105–277, div. A, § 101(e) [title V, § 546], Oct. 21, 1998, 112 Stat. 2681–231, 2681–320.)

§ 460lll–47. Personnel

(a) In general

(1) HiringNotwithstanding section 3503 of title 5, and subject to paragraph (2), the Secretary may—

(A) appoint, hire, and discharge officers and employees to administer the Recreation Area; and

(B) pay the officers and employees at levels that are commensurate with levels at other units of the National Forest System.

(2) Interim retention of eligible employees

(A) In generalFor a period of not less than 5 months after the effective date of transfer to the Forest Service—

(i) all eligible employees shall be retained in the employment of the Tennessee Valley Authority;

(ii) those eligible employees shall be considered to be placed on detail to the Secretary and shall be subject to the direction of the Secretary; and

(iii) the Secretary shall reimburse the Tennessee Valley Authority for the amount of the basic pay and all other compensation of those eligible employees.

(B) Notice to employees

(b) Applications for transfer and appointment

(1) In general

(2) Notification and hiringNotwithstanding paragraph (1), the Secretary—

(A) shall notify all eligible employees of all openings for positions with the Forest Service at the Recreation Area before notifying other individuals or considering applications by other individuals for the positions; and

(B) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.

(3) Noncompetitive appointments

(4) Period of service

(d) Transfer to positions in other units of Tennessee Valley AuthorityThe Tennessee Valley Authority—

(1) shall notify all eligible employees of all openings for positions in other units of the Tennessee Valley Authority before notifying other individuals or considering applications by other individuals for the positions; and

(2) after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.

(e) Employee benefit transition

(1) Memorandum of understanding

(A) In general

(B) Employee participation

(2) Eligible employees that are transferred to other units of TVA

(3) Eligible employees that are hired by the Secretary

(A) Level of benefits

(B) Transfer of retirement benefits

(i) In general

(ii) Funding shortfall(I) In general(II) Notification(III) Payment(IV) No interruption

(i) shall experience no interruption in coverage for any health, leave, or other employee benefit; and

(ii) shall be entitled to carry over any leave time accumulated during employment by the Tennessee Valley Authority.

(D) Period of service

(4) Eligible employees that are discharged not for cause

(A) Level of benefits

(B) Minimum benefitsAn eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause shall, at a minimum be entitled to—

(i) at the option of the eligible employee—(I) a lump-sum equal to $1,000, multiplied by the number of years of service of the eligible employee (but not less that $15,000 nor more than $25,000);(II) a lump-sum payment equal to the amount of pay earned by the eligible employee for the last 26 weeks of the eligible employee’s service; or(III) the deemed addition of 5 years to the age and the years of service of an eligible employee;

(ii) 15 months of health benefits for employees and dependents at the same level provided as of the date of transfer pursuant to section 460lll–41 of this title;

(iii) 1 week of pay per year of service as provided by the Tennessee Valley Authority Retirement System;

(iv) a lump-sum payment of all accumulated annual leave;

(v) unemployment compensation in accordance with State law;

(vi) eligible pension benefits as provided by the Tennessee Valley Authority Retirement System; and

(vii) retraining assistance provided by the Tennessee Valley Authority.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 547], Oct. 21, 1998, 112 Stat. 2681–231, 2681–321.)

§ 460lll–48. Tennessee Valley Authority transfer costs

Any costs incurred by Tennessee Valley Authority associated with the transfer under this part shall be derived from funding described in section 460lll–49 of this title.

(Pub. L. 105–277, div. A, § 101(e) [title V, § 548], Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)

§ 460lll–49. Tennessee Valley Authority transfer funding

(a) In general

The funding described in this section is funding derived from only 1 or more of the following sources:

(1) Nonpower fund balances and collections.

(2) Investment returns of the nonpower program.

(3) Applied programmatic savings in the power and nonpower programs.

(4) Savings from the suspension of bonuses and awards.

(5) Savings from reductions in memberships and contributions.

(6) Increases in collections resulting from nonpower activities, including user fees.

(7) Increases in charges to private and public utilities both investor and cooperatively owned, as well as to direct load customers.

(b) Availability

(d) Itemized list of reductions and increased receipts

(1) Proposed changes

(2) Actual changes

(Pub. L. 105–277, div. A, § 101(e) [title V, § 549], Oct. 21, 1998, 112 Stat. 2681–231, 2681–325.)