TVA land swaps – “have I got a deal for you!”
June 8, 2009
TVA has a long and sordid history of preferential land deals and it was thought that Executive Order 13406 would solve that problem. But the TVA in its machinations of interpretive powers has seen it differently.
Here’s the clear language of EO 13406, the operative sections. Nothing prohibits a federal agency from:
“Sec. 3
(c) conveying the property to a nongovernmental entity, such as a telecommunications or transportation common carrier, that makes the property available for use by the general public as of right;
(h) facilitating the disposal or exchange of Federal property.”
There is nothing in the language of Executive Order 13406 that would permit the past land swapping practices of the TVA nor of the current case of Congressman Heath Shuler’s interests.
The TVA Office of the Inspector General was correct in pointing out the obvious mistakes made by TVA personnel. Since this involved the exchange of federal property, it was incumbent on TVA representatives to follow the correct interpretation of the law and rules issued by the Attorney General on September 16, 2008 in the implementation of the Executive Order.
To have allowed the land swap deal to have progressed as far as it has is a gross violation of trust sworn to by all federal employees. Both parties, TVA employees and Rep. Shuler’s interests, appear guilty of violation of Executive Order 13406. Appropriate personnel action is due the TVA employees who violated their trust; it appears the TVA OIG has transmitted the details of the land swap transaction of Rep. Shuler’s interests to Congress for appropriate action.
It’s a little late for TVA to abolish a policy that never should have been implemented after issuance of EO 14306 and its follow-on rules by the U.S. Attorney General last September.
To review the tortured findings in the TVA OIG report see
http://oig.tva.gov/PDF/09rpts/2008-12003-Maintain_&_Gain_Redacted_Report.pdf
To contact the appropriate office in the Department of Justice on federal land transactions:
Land Acquisition Section of the Environment and Natural Resources Division of the Department of Justice.
This is another example of TVA’s mismanagement since it was issued after the new board of directors was appointed.
Ernest Norsworthy
emnorsworthy@earthlink.net
http://norsworthyopinion.com