--- kind: "section" citation: "16 U.S.C. § 824a–4" title: "16" title_heading: "Conservation" number: "824a–4" heading: "Seasonal diversity electricity exchange" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/824a-4" units: - "Chapter 12 — Federal Regulation and Development of Power" - "Subchapter II — Regulation of Electric Utility Companies Engaged in Interstate Commerce" --- # §824a–4. Seasonal diversity electricity exchange - (a) **Authority—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) rights-of-way by purchase, including eminent domain, through North Dakota, South Dakota, and Nebraska for transmission facilities for the seasonal diversity exchange of electric power to and from Canada if he determines— - (1) after opportunity for public hearing— - (A) that the exchange is in the public interest and would further the purposes referred to in [section 2611(1)](/usc/16/2611.md?p=1) and (2) of this title and that the [acquisition](/usc/16/620e.md?p=1) of such rights-of-way and the construction and operation of such transmission facilities for such purposes is otherwise in the public interest, - (B) that a permit has been issued in accordance with [subsection (b)](#b) for such construction, operation, maintenance, and connection of the facilities at the border for the transmission of electric energy between the United States and Canada as is necessary for such exchange of electric power, and - (C) that each affected [State](/usc/16/796.md?p=6) has approved the portion of the transmission route located in each [State](/usc/16/796.md?p=6) in accordance with applicable [State](/usc/16/796.md?p=6) law, or if there is no such applicable [State](/usc/16/796.md?p=6) law in such [State](/usc/16/796.md?p=6), the Governor has approved such portion; and - (2) after consultation with the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the heads of other affected Federal agencies, that the [Secretary](/usc/16/410r–5.md?p=c-1) of the Interior and the heads of such,[^1] other agencies concur in writing in the location of such portion of the transmission facilities as crosses [Federal land](/usc/16/3102.md?p=2) under the jurisdiction of such [Secretary](/usc/16/410r–5.md?p=c-1) or such other Federal agency, as the case may be. The [Secretary](/usc/16/410r–5.md?p=c-1) shall provide to any [State](/usc/16/796.md?p=6) such cooperation and technical assistance as the [State](/usc/16/796.md?p=6) may request and as he determines appropriate in the selection of a transmission route. If the transmission route approved by any [State](/usc/16/796.md?p=6) does not appear to be feasible and in the public interest, the [Secretary](/usc/16/410r–5.md?p=c-1) shall encourage such [State](/usc/16/796.md?p=6) to review such route and to develop a route that is feasible and in the public interest. Any exercise by the [Secretary](/usc/16/410r–5.md?p=c-1) of the power of eminent domain under this section shall be in accordance with other applicable provisions of Federal law. The [Secretary](/usc/16/410r–5.md?p=c-1) shall provide public notice of his intention to [acquire](/usc/16/620e.md?p=1) any right-of-way before exercising such power of eminent domain with respect to such right-of-way. - (b) **Permit—** Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act [[42 U.S.C. 7151(b)](/usc/42/7151.md?p=b)], no permit referred to in [subsection (a)(1)(B)](#a-1-B) may be issued unless the [Commission](/usc/16/544.md?p=c) has conducted hearings and made the findings required under section 202(e) of the Federal Power Act [[16 U.S.C. 824a(e)](/usc/16/824a.md?p=e)] and under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the [Commission](/usc/16/544.md?p=c) under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under [section 202(e)](/usc/16/202.md) of the Federal Power Act. - (c) **Timely acquisition by other means—** The [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1) any rights-of-day[^2] under this section unless he determines that the holder or holders of a permit referred to in [subsection (a)(1)(B)](#a-1-B) are unable to [acquire](/usc/16/620e.md?p=1) such rights-of-way under [State](/usc/16/796.md?p=6) condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, [taking](/usc/16/3102.md?p=18) into consideration the impact of such delay on completion of the facilities in a timely fashion. - (d) **Payments by permittees—** - (1) The property interest acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under this section (whether by eminent domain or other purchase) shall be transferred by the [Secretary](/usc/16/410r–5.md?p=c-1) to the holder of a permit referred to in [subsection (b)](#b) if such holder has made payment to the [Secretary](/usc/16/410r–5.md?p=c-1) of the entire costs of the [acquisition](/usc/16/620e.md?p=1) of such property interest, including administrative costs. The [Secretary](/usc/16/410r–5.md?p=c-1) may accept, and expend, for purposes of such [acquisition](/usc/16/620e.md?p=1), amounts from any such [person](/usc/16/796.md?p=4) before acquiring a property interest to be transferred to such [person](/usc/16/796.md?p=4) under this section. - (2) If no payment is made by a permit holder under [paragraph (1)](#d-1), within a reasonable time, the [Secretary](/usc/16/410r–5.md?p=c-1) shall offer such rights-of-way to the original [owner](/usc/16/429b–3.md?p=4) for reacquisition at the original price paid by the [Secretary](/usc/16/410r–5.md?p=c-1). If such original [owner](/usc/16/429b–3.md?p=4) refuses to reacquire such property after a reasonable period, the [Secretary](/usc/16/410r–5.md?p=c-1) shall dispose of such property in accordance with applicable provisions of law governing disposal of property of the United States. - (e) **Federal law governing Federal lands—** This section shall not affect any Federal law governing [Federal lands](/usc/16/620e.md?p=2). ## Footnotes [^1]: So in original. The comma probably should not appear. [^2]: So in original. Probably should be “rights-of-way”. ## Source credit (Pub. L. 95–617, title VI, § 602, Nov. 9, 1978, 92 Stat. 3164.) ## Notes ### Editorial Notes ### Codification Subsection (f), which required the Secretary to report annually to Congress on actions taken pursuant to this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 90 of House Document No. 103–7. Section was enacted as part of the Public Utility Regulatory Policies Act of 1978, and not as part of the Federal Power Act which generally comprises this chapter. ### Statutory Notes and Related Subsidiaries ### Definitions For definitions of terms used in this section, see section 2602 of this title.