US Code
CHAPTER 12A— TENNESSEE VALLEY AUTHORITY
§ 831c–2. Civil actions for injury or loss of property or personal injury or death

(a) Exclusiveness of remedy(1) An action against the Tennessee Valley Authority for injury or loss of property, or personal injury or death arising or resulting from the negligent or wrongful act or omission of any employee of the Tennessee Valley Authority while acting within the scope of this office or employment is exlusive 11 So in original. Probably should be “exclusive”. of any other civil action or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim. Any other civil action or proceeding arising out of or relating to the same subject matter against the employee or his estate is precluded without regard to when the act or omission occurred.
(2) Paragraph (1) does not extend or apply to a cognizable action against an employee of the Tennessee Valley Authority for money damages for a violation of the Constitution of the United States.
(b) Representation and removal(1) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding heretofore or hereafter commenced upon such claim in a United States district court shall be deemed an action against the Tennessee Valley Authority pursuant to 16 U.S.C. 831c(b) and the Tennessee Valley Authority shall be substituted as the party defendant.
(2) Upon certification by the Tennessee Valley Authority that the defendant employee was acting within the scope of his office or employment at the time of the incident out of which the claim arose, any civil action or proceeding commenced upon such claim in a State court shall be removed without bond at any time before trial by the Tennessee Valley Authority to the district court of the United States for the district and division embracing the place wherein it is pending. Such action shall be deemed an action brought against the Tennessee Valley Authority under the provisions of this title 22 See References in Text note below. and all references thereto, and the Tennessee Valley Authority shall be substituted as the party defendant. This certification of the Tennessee Valley Authority shall conclusively establish scope of office or employment for purposes of removal.
(3) In the event that the Tennessee Valley Authority has refused to certify scope of office or employment under this section, the employee may at any time before trial petition the court to find and certify that the employee was acting within the scope of his office or employment. Upon such certification by the court, such action shall be deemed an action brought against the Tennessee Valley Authority, and the Tennessee Valley Authority shall be substituted as the party defendant. A copy of the petition shall be served upon the Tennessee Valley Authority in accordance with the Federal Rules of Civil Procedure. In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Tennessee Valley Authority to the district court of the United States for the district and division embracing the place in which it is pending. If, in considering the petition, the district court determines that the employee was not acting within the scope of his office or employment, the action or proceeding shall be remanded to the State court.
(4) Upon certification, any actions subject to paragraph (1), (2), or (3) shall proceed in the same manner as any action against the Tennessee Valley Authority and shall be subject to the limitations and exceptions applicable to those actions.

Structure US Code

US Code

Title 16— CONSERVATION

CHAPTER 12A— TENNESSEE VALLEY AUTHORITY

§ 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.

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

§ 831c–2. Civil actions for injury or loss of property or personal injury or death

§ 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

§ 831h–2. Repealed. , ,

§ 831h–3. Recreational access

§ 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

§ 831n–2. Bonds; limitation of issuance under sections 831n and 831n–1

§ 831n–3. Use of funds; limitation of issuance

§ 831n–4. Bonds for financing power program

§ 831o. Completion of unfinished plants authorized

§ 831p. Repealed. , ,

§ 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

§ 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

§ 831ee. Essential stewardship activities