16 U.S.C. § 839g : US Code - Section 839G: Savings provisions

Search 16 U.S.C. § 839g : US Code - Section 839G: Savings provisions

(a) Rights of States and political subdivisions of States
Nothing in this chapter shall be construed to affect or modify
any right of any State or political subdivision thereof or electric
utility to -
(1) determine retail electric rates, except as provided by
section 839c(c)(3) of this title;
(2) develop and implement plans and programs for the
conservation, development, and use of resources; or
(3) make energy facility siting decisions, including, but not
limited to, determining the need for a particular facility,
evaluating alternative sites, and considering alternative methods
of meeting the determined need.
(b) Rights and obligations under existing contracts
Nothing in this chapter shall alter, diminish, or abridge the
rights and obligations of the Administrator or any customer under
any contract existing as of December 5, 1980.
(c) Statutory preferences and priorities of public bodies and
cooperatives in sale of federally generated power
Nothing in this chapter shall alter, diminish, abridge, or
otherwise affect the provisions of other Federal laws by which
public bodies and cooperatives are entitled to preference and
priority in the sale of federally generated electric power.
(d) Contractual rights under provisions later found to be
unconstitutional
If any provision of this chapter is found to be unconstitutional,
then any contract entered into by the Administrator, prior to such
finding and in accordance with such provisions, to sell power,
acquire or credit resources, or to reimburse investigation and
preconstruction expenses pursuant to section 839c of this title,
and section 839d(a), (f) or (h) of this title shall not be affected
by such finding.
(e) Treaty and other rights of Indian tribes
Nothing in this chapter shall be construed to affect or modify
any treaty or other right of an Indian tribe.
(f) Reservation of electric power for Montana; Hungry Horse and
Libby Dams and Reservoirs
The reservation under law of electric power primarily for use in
the State of Montana by reason of the construction of Hungry Horse
and Libby Dams and Reservoirs within that State is hereby affirmed.
Such reservation shall also apply to 50 per centum of any electric
power produced at Libby Reregulating Dam if built. Electric power
so reserved shall be sold at the rate or rates set pursuant to
section 839e of this title.
(g) Rights of States to prohibit recovery of resource construction
costs through retail rates
Nothing in this chapter shall be construed to affect or modify
the right of any State to prohibit utilities regulated by the
appropriate State regulatory body from recovering, through their
retail rates, costs during any period of resource construction.
(h) Water appropriations
Nothing in this chapter shall be construed as authorizing the
appropriation of water by any Federal, State, or local agency,
Indian tribe, or any other entity or individual. Nor shall any
provision of this chapter of any plan or program adopted pursuant
to the chapter (1) affect the rights or jurisdictions of the United
States, the States, Indian tribes, or other entities over waters of
any river or stream or over any groundwater resource, (2) alter,
amend, repeal, interpret, modify, or be in conflict with any
interstate compact made by the States, or (3) otherwise be
construed to alter or establish the respective rights of States,
the United States, Indian tribes, or any person with respect to any
water or water-related right.
(i) Existing Federal licenses, permits, and certificates
Nothing in this chapter shall be construed to affect the validity
of any existing license, permit, or certificate issued by any
Federal agency pursuant to any other Federal law.