U.S. Code » Title 16 » Chapter CHAPTER 12A— TENNESSEE VALLEY AUTHORITY

16 U.S.C. § 831d

Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power

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The Board is authorized—(a) To contract with commercial producers for the production of 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 11 So in original. Probably should be “Board’s”. request for its program.(b) To arrange with farmers and farm organizations for large-scale 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 stations or demonstration farms, with farmers, landowners, and associations of farmers or landowners, for the use of new forms of fertilizer or fertilizer practices during the initial or experimental period of their introduction, and for promoting the prevention of soil erosion by the use of fertilizers and otherwise.(d) The Board, in order to improve and cheapen the production of 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 chapter the Board may make donations 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 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 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 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 plants, and to undertake experiments for the purpose of enabling the Corporation to furnish nitrogen products for military 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 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: 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 authorized to grant such licenses thereunder as shall 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 the Army 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 the Army, the Corporation shall allot and deliver without charge to the Department of the Army 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.(May 18, 1933, ch. 32, § 5, 48 Stat. 61; Aug. 31, 1935, ch. 836, § 4, 49 Stat. 1076; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; July 3, 1952, ch. 570, § 2(a), 66 Stat. 334; Pub. L. 86–137, § 3, Aug. 6, 1959, 73 Stat. 285; Pub. L. 94–412, title V, § 501(d), Sept. 14, 1976, 90 Stat. 1258; Pub. L. 108–447, div. C, title VI, § 603(a)(2), Dec. 8, 2004, 118 Stat. 2966.)Editorial NotesCodification

Former subsec. (n) authorized President within twelve months after May 18, 1933, to lease nitrate plant numbered 2 and Waco Quarry for production of fertilizer, and has been omitted as executed.

Amendments

2004—Pub. L. 108–447 substituted “Board” for “board” wherever appearing.

1976—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.

1959—Subsec. (m). Pub. L. 86–137 excepted ferrophosphorus.

1952—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”.

1935—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”.

Statutory Notes and Related SubsidiariesChange of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.

Effective Date of 2004 Amendment

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.

Effective Date of 1952 Amendment

Joint Res. July 3, 1952, ch. 570, § 7, 66 Stat. 334, provided that the amendment is effective June 16, 1952.

Repeal of Prior Acts Continuing Subsection (m)

Section 6 of Joint Res. July 3, 1952, ch. 570, 66 Stat. 334, repealed Joint Res. Apr. 14, 1952, ch. 204, 66 Stat. 54, as amended by Joint Res. May 28, 1952, ch. 339, 66 Stat. 96; Joint Res. June 14, 1952, ch. 437, 66 Stat. 137; Joint Res. June 30, 1952, ch. 526, 66 Stat. 296, which continued provisions of subsection (m) relating to sales to allies until July 3, 1952. This repeal was to take effect as of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

Savings Provision

Repeal of subsec. (m) of this section by Pub. L. 94–412, not to affect any action taken or proceeding pending at the time of repeal, see section 501(h) of Pub. L. 94–412, set out as a note under section 1601 of Title 50, War and National Defense.

Termination of Foreign Sales

Joint Res. Mar. 31, 1953, ch. 13, § 1, 67 Stat. 18, provided for the extension of certain emergency provisions (previously extended to April 1, 1953, by Joint Res. July 3, 1952, ch. 570, § 2(a), 66 Stat. 334) until July 1, 1953. Section 2 of said Joint Res. Mar. 31, 1953, provided that such extension did not apply to the provisions of this section.

Executive DocumentsSecretary of the Air Force

For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order No. 40 [App. A(40)], July 22, 1949.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1934–2025 · leading case: Mays v. Tennessee Valley Auth., 699 F. Supp. 2d 991 (E.D. Tenn. 2010).
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Mays v. Tennessee Valley Auth., 699 F. Supp. 2d 991 (E.D. Tenn. 2010). · cites it 5× “Because TVA was authorized by Congress to “produce, distribute, and sell electric power,” 16 U.”
Bobo v. AGCO Corp., 981 F. Supp. 2d 1130 (N.D. Ala. 2013). · cites it 5× “” 16 U.S.C. § 831d(Z) (1933); Three Tracts of Land, 377 F.”
North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “” 16 U.S.C. §§ 831d(Z), 831i, & 831n-4(f). As a result of this mandate, TVA provides electricity to citizens in parts of seven states.”
United States v. Gen. Elec. Co., 209 F. Supp. 197 (E.D. Pa. 1962). · cites it 2× “16 U.S.C.A. § 831d(j). Section 5(m) prohibits sale of “products of the Corporation” outside of the United States “except to the United States Government for the use of its Army and Navy.”
Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011). “The TVA Act specifically authorizes TVA “[t]o produce, distribute, and sell electric power,” 16 U.S.C. § 831d(l), and authorizes TVA to operate and manage properties in furtherance of the purposes of the TVA Act, see id.”
Bobo v. Tennessee Valley Auth., 138 F. Supp. 3d 1285 (N.D. Ala. 2015). “16 U.S.C. § 831d(l) (alteration supplied).”
Sherwood v. Tennessee Valley Auth., 925 F. Supp. 2d 906 (E.D. Tenn. 2013). “1988) (citing 16 U.S.C. § 831d(Z)). “The Act does not delineate the methods or means by which TVA is to achieve its statutory purposes but merely states that TVA shall have ‘such powers as may be necessary or appropriate for the exercise of the powers herein specifically…”
United States ex rel. Tennessee Valley Auth. v. Bagwell, 698 F. Supp. 135 (M.D. Tenn. 1988). “16 U.S.C. § 831d(Z). 2. In May 1945, pursuant to its statutory authority, TVA purchased in the name of the United States of America a permanent easement and right-of-way for an electric power transmission line across the land that is involved in this action (TVA tract No.”
Ashwander v. Tennessee Valley Auth., 8 F. Supp. 893 (N.D. Ala. 1934). “Section 5 (l) (16 USCA § 831d (l) authorized it “to produce, distribute, and sell electric power, as herein particularly specified.”
King v. Crane Nuclear, Inc., No. 3:23-cv-00273 (M.D. Tenn. May 19, 2025). “16 U.S.C. § 831d(1). Crane is a contractor that provides valve services in the nuclear industry.”
Sierra Club v. FERC, No. 24-1099 (D.C. Cir. Sept. 30, 2025). “” 16 U.S.C. §§ 831d(l), 831m- 1(b)(1), (3).”
Sierra Club v. FERC, No. 24-1099 (D.C. Cir. Sept. 30, 2025). “” 16 U.S.C. §§ 831d(l), 831m- 1(b)(1), (3).”
Show all 13 citing cases →
16 U.S.C. § 831d(1): 1 case
King v. Crane Nuclear, Inc., No. 3:23-cv-00273 (M.D. Tenn. May 19, 2025). “16 U.S.C. § 831d(1). Crane is a contractor that provides valve services in the nuclear industry.”
16 U.S.C. § 831d(Z): 5 cases
Mays v. Tennessee Valley Auth., 699 F. Supp. 2d 991 (E.D. Tenn. 2010). “Because TVA was authorized by Congress to “produce, distribute, and sell electric power,” 16 U.”
North Carolina, Ex Rel. Cooper v. Tennessee Valley Auth., 615 F.3d 291 (4th Cir. 2010). “” 16 U.S.C. §§ 831d(Z), 831i, & 831n-4(f). As a result of this mandate, TVA provides electricity to citizens in parts of seven states.”
Bobo v. AGCO Corp., 981 F. Supp. 2d 1130 (N.D. Ala. 2013). “” 16 U.S.C. § 831d(Z) (1933); Three Tracts of Land, 377 F.”
Sherwood v. Tennessee Valley Auth., 925 F. Supp. 2d 906 (E.D. Tenn. 2013). “1988) (citing 16 U.S.C. § 831d(Z)). “The Act does not delineate the methods or means by which TVA is to achieve its statutory purposes but merely states that TVA shall have ‘such powers as may be necessary or appropriate for the exercise of the powers herein specifically…”
United States ex rel. Tennessee Valley Auth. v. Bagwell, 698 F. Supp. 135 (M.D. Tenn. 1988). “16 U.S.C. § 831d(Z). 2. In May 1945, pursuant to its statutory authority, TVA purchased in the name of the United States of America a permanent easement and right-of-way for an electric power transmission line across the land that is involved in this action (TVA tract No.”
16 U.S.C. § 831d(i): 2 cases
Mays v. Tennessee Valley Auth., 699 F. Supp. 2d 991 (E.D. Tenn. 2010). “Because TVA was authorized by Congress to “produce, distribute, and sell electric power,” 16 U.”
Bobo v. AGCO Corp., 981 F. Supp. 2d 1130 (N.D. Ala. 2013). “” 16 U.S.C. § 831d(Z) (1933); Three Tracts of Land, 377 F.”
16 U.S.C. § 831d(j): 1 case
United States v. Gen. Elec. Co., 209 F. Supp. 197 (E.D. Pa. 1962). “16 U.S.C.A. § 831d(j). Section 5(m) prohibits sale of “products of the Corporation” outside of the United States “except to the United States Government for the use of its Army and Navy.”
16 U.S.C. § 831d(l): 5 cases
Chesney v. Tennessee Valley Auth., 782 F. Supp. 2d 570 (E.D. Tenn. 2011). “The TVA Act specifically authorizes TVA “[t]o produce, distribute, and sell electric power,” 16 U.S.C. § 831d(l), and authorizes TVA to operate and manage properties in furtherance of the purposes of the TVA Act, see id.”
Bobo v. Tennessee Valley Auth., 138 F. Supp. 3d 1285 (N.D. Ala. 2015). “16 U.S.C. § 831d(l) (alteration supplied).”
Sierra Club v. FERC, No. 24-1099 (D.C. Cir. Sept. 30, 2025). “” 16 U.S.C. §§ 831d(l), 831m- 1(b)(1), (3).”
Sierra Club v. FERC, No. 24-1099 (D.C. Cir. Sept. 30, 2025). “” 16 U.S.C. §§ 831d(l), 831m- 1(b)(1), (3).”
State of North Carolina v. Tennessee Valley, No. 09-1623 (4th Cir. July 26, 2010).
16 U.S.C. § 831d(m): 1 case
United States v. Gen. Elec. Co., 209 F. Supp. 197 (E.D. Pa. 1962). “16 U.S.C.A. § 831d(j). Section 5(m) prohibits sale of “products of the Corporation” outside of the United States “except to the United States Government for the use of its Army and Navy.”
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