18 CFR 1309.15 - How will TVA enforce compliance with the Act and this part?

§ 1309.15 How will TVA enforce compliance with the Act and this part?

(a) If a compliance report, self-evaluation, or preaward review indicates a violation or threatened violation of the Act or this part, TVA shall attempt to secure the recipient's voluntary compliance with the Act and this part. If the violation or threatened violation cannot be corrected by informal means, compliance with the Act and this part may be effected by the following means:

(1) Termination of a recipient's financial assistance under the program or activity involved where the recipient has violated the Act or this part. The determination of the recipient's violation may be made only after a recipient has had an opportunity for a hearing on the record before an appropriate hearing officer.

(2) Any other means authorized by law including but not limited to:

(i) Referral to the Department of Justice for proceedings to enforce any rights of the United States or obligations of the recipient created by the Act or this part.

(ii) Use of any requirement of or referral to any Federal, State, or local government agency which will have the effect of correcting a violation of the Act or this part.

(iii) Commencement by TVA of proceedings to enforce any rights of TVA or obligations of the recipient created by the contract, the Act, or this part.

(b) Any termination under paragraph (a)(1) of this section shall be limited to the particular recipient and the particular program or activity (or portion thereof) receiving financial assistance from TVA which is found to be in violation of the Act or this part. No termination shall be based in whole or in part on a finding with respect to any program or activity which does not receive financial assistance from TVA.

(c) No assistance will be terminated under paragraph (a)(1) of this section until:

(1) TVA has advised the recipient of its failure to comply with the Act or this part and has determined that voluntary compliance cannot be obtained.

(2) Thirty days have elapsed after TVA has sent a written report of the circumstances and grounds of the termination of assistance to the committees of the Congress having legislative jurisdiction over the program or activity involved. A report shall be filed in each case in which TVA has determined that assistance will be terminated under paragraph (a)(1) of this section.

(d) TVA may defer granting new financial assistance to a recipient when termination proceedings under paragraph (a)(1) of this section are initiated.

(1) New financial assistance includes all assistance administrated by or through TVA for which an application or approval, including renewal or continuation of existing activities, or authorization of new activities, is required during the deferral period. New financial assistance does not include assistance approved prior to the beginning of termination proceedings.

(2) A deferral may not begin until the recipient has received a notice of opportunity for a hearing under paragraph (a)(1) of this section. A deferral may not continue for more than 60 days unless a hearing has begun within that time or the time for beginning the hearing has been extended by mutual consent of the recipient and TVA. A deferral may not continue for more than 30 days after the close of the hearing, unless the hearing results in a finding against the recipient.

[ 46 FR 30811, June 11, 1981, as amended at 68 FR 51357, Aug. 26, 2003]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 831 - Creation; short title

§ 831a - Membership, operation, and duties of the Board of Directors

§ 831b - Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions

§ 831b-1 - Acceptance of services of volunteers

§ 831c - Corporate powers generally; eminent domain; construction of dams, transmission lines, etc.

16 U.S. Code § 831c–1 - Bridges endangered or damaged by dams, etc.; compensation of and contracts with owner for protection, replacement, etc.

16 U.S. Code § 831c–2 - Civil actions for injury or loss of property or personal injury or death

16 U.S. Code § 831c–3 - Law enforcement

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

§ 831e - Officers and employees; nonpolitical appointment; removal for violation

§ 831f - Control of plants and property vested in Corporation; transfer of other property to Corporation

§ 831g - Principal office of Corporation; books; directors’ oath

§ 831h - Annual financial statement; purchases and contracts; audit by Comptroller General

§ 831h-1 - Operation of dams primarily for promotion of navigation and controlling floods; generation and sale of electricity

16 U.S. Code § 831h–2 - Repealed. Pub. L. 86–137, § 1, Aug. 6, 1959, 73 Stat. 280

§ 831i - Sale of surplus power; preferences; experimental work; acquisition of existing electric facilities

§ 831j - Equitable distribution of surplus power among States and municipalities; improvement in production of fertilizer

§ 831k - Transmission lines; construction or lease; sale of power over other than Government lines; rates when sold for resale at profit

§ 831k-1 - Extension of credit to States, municipalities and nonprofit organizations to assist in operation of existing facilities

§ 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

§ 831m - Allocation and charge of value and cost of plants to particular objects; cost accounting; reports of costs of operation; sale of surplus power at profit

§ 831m-1 - Tennessee Valley Authority least-cost planning program

§ 831n - Bonds for future construction; amount, terms, and conditions

§ 831n-1 - Bonds to carry out provisions of section 831k–1; amount, terms, and conditions

16 U.S. Code § 831n–2 - Bonds; limitation of issuance under sections 831n and 831n–1

16 U.S. Code § 831n–3 - Use of funds; limitation of issuance

16 U.S. Code § 831n–4 - Bonds for financing power program

§ 831o - Completion of unfinished plants authorized

§ 831p - Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648

§ 831q - Eminent domain; contracts for relocation of railroads, highways, industrial plants, etc.

§ 831r - Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees

§ 831s - Possession by Government in time of war; damages to contract holders

§ 831t - Offenses; fines and punishment

§ 831u - Surveys; cooperation with States or other agencies

§ 831v - Legislation to carry out purposes of chapter; recommendation by President

§ 831w - Acquisition of real or personal property; payment by delivery of power; sale or lease of vacant land for industrial purposes

§ 831x - Condemnation proceedings; institution by Corporation; venue

§ 831y - Net proceeds over expense payable into Treasury

16 U.S. Code § 831y–1 - Approval of plans by Board as condition precedent to construction and operation; restraining action without approval; other laws unaffected

§ 831z - Authorization of appropriations

§ 831aa - Laws repealed

§ 831bb - Reservation of right to amend or repeal

§ 831cc - Separability

§ 831dd - Liberal construction of chapter; sale of surplus lands