US (United States) Code. Title 43. Chapter 12A: Boulder Canyon Project

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 12A - BOULDER CANYON PROJECT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

-HEAD-

CHAPTER 12A - BOULDER CANYON PROJECT

-MISC1-

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

Sec.

617. Colorado River Basin; protection and development; dam,

reservoir, and incidental works; water, water power,

and electrical energy; eminent domain.

617a. "Colorado River Dam Fund".

(a) Creation of fund; purpose; receipts and

expenditures under control of Secretary of the

Interior.

(b) Advancements to fund by Secretary of the

Treasury; allocation; repayment; interest.

(c) Limitation on use made of advancements.

(d) Unpaid interest on advancements; charge on

fund; rate of interest.

(e) Money in fund in excess of amount needed;

certification of fact; disposition.

617b. Authorization of appropriations.

617c. Condition precedent to taking effect of provisions.

(a) Ratification by interested States of Colorado

River compact; agreements for apportionment of

waters.

(b) Agreements for revenues to meet expenses of

construction, operation, and maintenance of

works.

617d. Contracts for storage and use of waters for irrigation

and domestic purposes; generation and sale of

electrical energy.

(a) Duration of contracts for electrical energy;

price of water and electrical energy to yield

reasonable returns; readjustments of prices.

(b) Renewal of contracts for electrical energy.

(c) Applicants for purchase of water and electrical

energy; preferences.

(d) Transmission lines for electrical energy; use;

rights of way over public and reserved lands.

617e. Uses to be made of dam and reservoir; title in whom;

leases, regulations; limitation on authority.

617f. Canals and appurtenant structures; transfer of title;

power development.

617g. Colorado River compact as controlling authority in

construction and maintenance of dam, reservoir,

canals, and other works.

617h. Lands capable of irrigation and reclamation by

irrigation works; public entry; preferences.

617i. Modification of existing compact relating to Laguna

Dam.

617j. Omitted.

617k. Definitions.

617l. Colorado River compact approval.

(a) Approval by Congress.

(b) Rights in waters of Colorado River and

tributaries; Colorado River compact as

controlling.

(c) Patents, grants, contracts, concessions, etc.;

Colorado River compact as controlling.

(d) Conditions and covenants referred to herein;

nature; how and by whom availed of in

litigation.

617m. Reclamation law applicable.

617n. Projects for irrigation, generation of electric power,

and other purposes; investigations and reports.

617o. Officials of ratifying States; authority to act in

advisory capacity; access to records.

617p. Claims of United States; priority.

617q. Effect on authority of States to control waters within

own borders.

617r. Consent given States to negotiate supplemental

compacts for development of Colorado River.

617s. Recognition of rights of Mexico to Colorado River

waters.

617t. Short title.

617u. Lease of reserved lands in Boulder City, Nevada;

disposition of revenues.

617v. Repealed.

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

618. Promulgation of charges for electrical energy.

618a. Receipts from project; disposition.

(a) Defraying operating costs.

(b) Repayment of cost of construction.

(c) Commutation payments to Arizona and Nevada.

(d) Transfer of sums to Colorado River Development

Fund; expenditure of fund.

(e) Transfer to Lower Colorado River Basin

Development Fund.

618a-1. Availability of Colorado River Development Fund for

investigation and construction purposes.

618b. Reduction of payments and transfers where revenue is

insufficient.

618c. Charges as retroactive; adjustment of accounts.

618d. Readvances from Treasury where Dam Fund is

insufficient to meet cost of replacements.

618e. Interest payments; rate.

618f. Repayment of advances for flood control.

618g. Regulations; contracts; modification of allotments of

energy.

618h. Termination of existing lease of Hoover Power Plant;

lessees as agents of United States; termination of

agency.

618i. Effective date.

618j. Effect of refusal to modify existing contracts.

618k. Definitions.

618l. Repealed.

618m. Effect on existing laws and States' rights.

618n. Wages of employees.

618o. Short title.

618p. Omitted.

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

619. Increase in capacity of existing generating equipment

at Hoover Powerplant; construction of Colorado River

bridge crossing.

(a) Hoover Powerplant generating equipment;

increase in capacity; improvement of

appurtenances; authorization of Secretary.

(b) Construction of Colorado River bridge crossing;

authorization of Secretary.

619a. Renewal contracts for power.

(a) Offering of contracts by Secretary; total power

obligation; conforming of regulations;

contract expiration and restrictions.

(b) Prejudice of rights of contract holders under

Boulder Canyon Project Act.

(c) Execution of contract with parties to certain

litigation; offer of contract to other

entities.

(d) Funding of uprating program.

(e) Deposit of uprating program funds in Colorado

River Dam Fund.

(f) Amounts advanced by non-Federal purchasers;

financial integration as capital costs.

(g) Congressional exercise of reserved right.

(h) Court challenges; disputes and disagreements.

(i) Congressional declaration of purpose.

619b. Reimbursement of funds advanced by non-Federal

purchasers; uprating program; repayment requirement;

visitor facilities program.

CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS CHAPTER

Act May 28, 1954, ch. 241, 68 Stat. 143, provided that:

"For the purposes of effecting economies and increased efficiency

in the construction, operation, and maintenance thereof and of

accounting for the return of reimbursable costs, the Secretary of

the Interior is authorized and directed to consolidate and

administer as a single project to be known as the Parker-Davis

project, Arizona-California-Nevada, the projects known as the

Parker Dam power project, Arizona-California, and the Davis Dam

project, Arizona-Nevada: Provided, That nothing in this Act shall

be construed to alter or affect in any way the Boulder Canyon

Project Act (45 Stat. 1057) [subchapter I of this chapter], the

Boulder Canyon Project Adjustment Act (54 Stat. 774) [subchapter II

of this chapter], or the treaty between the United States of

America and the United Mexican States, signed at Washington on

February 3, 1944, relating to the utilization of the waters of the

Colorado and Tijuana Rivers and of the Rio Grande from Fort

Quitman, Texas, to the Gulf of Mexico: Provided further, That

nothing in this Act shall be construed to alter or affect in any

way any right or obligation of the United States or any other party

under contracts heretofore entered into by the United States.

"Sec. 2. Funds heretofore appropriated for the Parker Dam power

project, Arizona-California, and the Davis Dam project,

Arizona-Nevada, shall be consolidated and shall be and remain

available for the purposes for which they were appropriated."

-End-

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43 USC SUBCHAPTER I - BOULDER CANYON PROJECT ACT 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-MISC1-

CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER

Consolidation of Parker and Davis Dam projects as not affecting

this subchapter, see note preceding this subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 392a, 618a, 618e,

618g, 618h, 618j, 618k, 618m, 619a, 620f, 620h, 620m, 1524, 1551,

1552, 1597, 1600g of this title; title 16 sections 410aaa-26,

410aaa-73.

-End-

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43 USC Sec. 617 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617. Colorado River Basin; protection and development; dam,

reservoir, and incidental works; water, water power, and

electrical energy; eminent domain

-STATUTE-

For the purpose of controlling the floods, improving navigation,

and regulating the flow of the Colorado River, providing for

storage and for the delivery of the stored waters thereof for

reclamation of public lands and other beneficial uses exclusively

within the United States, and for the generation of electrical

energy as a means of making the project herein authorized a

self-supporting and financially solvent undertaking, the Secretary

of the Interior subject to the terms of the Colorado River compact

hereinafter mentioned in this chapter, is authorized to construct,

operate, and maintain a dam and incidental works in the main stream

of the Colorado River at Black Canyon or Boulder Canyon adequate to

create a storage reservoir of a capacity of not less than twenty

million acre-feet of water and a main canal and appurtenant

structures located entirely within the United States connecting the

Laguna Dam, or other suitable diversion dam, which the Secretary of

the Interior is authorized to construct if deemed necessary or

advisable by him upon engineering or economic considerations, with

the Imperial and Coachella Valleys in California, the expenditures

for said main canal and appurtenant structures to be reimbursable,

as provided in the reclamation law, and shall not be paid out of

revenues derived from the sale or disposal of water power or

electric energy at the dam authorized to be constructed at said

Black Canyon or Boulder Canyon, or for water for potable purposes

outside of the Imperial and Coachella Valleys: Provided, however,

That no charge shall be made for water for the use, storage, or

delivery of water for irrigation or water for potable purposes in

the Imperial or Coachella Valleys; also to construct and equip,

operate, and maintain at or near said dam, or cause to be

constructed, a complete plant and incidental structures suitable

for the fullest economic development of electrical energy from the

water discharged from said reservoir; and to acquire by proceedings

in eminent domain, or otherwise, all lands, rights-of-way, and

other property necessary for said purposes.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 1, 45 Stat. 1057.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, is defined in section

617k of this title.

-CHANGE-

CHANGE OF NAME

Act Apr. 30, 1947, ch. 46, 61 Stat. 56, restored the name Hoover

Dam to the dam on the Colorado River in Black Canyon known

previously as Boulder Dam, and provided that any law, regulation,

document, or record in which that dam is designated or referred to

as Boulder Dam shall be held to refer to that dam under and by the

name of Hoover Dam.

-MISC1-

CONSTRUCTION WITH OTHER LAWS

Pub. L. 98-381, title I, Sec. 103(b), Aug. 17, 1984, 98 Stat.

1334, provided that: "Except as amended by this Act [amending

sections 617a and 617b of this title], the Boulder Canyon Project

Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as

amended and supplemented [this subchapter], shall remain in full

force and effect."

Act Aug. 4, 1939, ch. 418, Sec. 18, provided that nothing in that

act should be construed to amend the Boulder Canyon Project Act

(this subchapter). See note set out under section 485j of this

title.

Gila project, Arizona, as not amending this subchapter, see

section 8 of Act July 30, 1947, ch. 382, 61 Stat. 628, set out as a

note under section 613 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 617e of this title.

-End-

-CITE-

43 USC Sec. 617a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617a. "Colorado River Dam Fund"

-STATUTE-

(a) Creation of fund; purpose; receipts and expenditures under

control of Secretary of the Interior

There is established a special fund, to be known as the "Colorado

River Dam fund" (hereinafter referred to as the "fund"), and to be

available, as hereafter provided for, only for carrying out the

provisions of this subchapter. All revenues received in carrying

out the provisions of this subchapter shall be paid into and

expenditures shall be made out of the fund, under the direction of

the Secretary of the Interior.

(b) Advancements to fund by Secretary of the Treasury; allocation;

repayment; interest

The Secretary of the Treasury is authorized to advance to the

fund, from time to time and within the appropriations therefor,

such amounts as the Secretary of the Interior deems necessary for

carrying out the provisions of this subchapter..(!1) Of this amount

the sum of $25,000,000 shall be allocated to flood control and

shall be repaid to the United States out of 62 1/2 per centum of

revenues, if any, in excess of the amount necessary to meet

periodical payments during the period of amortization, as provided

in section 617c of this title. If said sum of $25,000,000 is not

repaid in full during the period of amortization, then 62 1/2 per

centum of all net revenues shall be applied to payment of the

remainder. Interest at the rate of 4 per centum per annum accruing

during the year upon the amounts so advanced and remaining unpaid

shall be paid annually out of the fund, except as herein otherwise

provided.

(c) Limitation on use made of advancements

Moneys in the fund advanced under subsection (b) of this section

shall be available only for expenditures for construction and the

payment of interest, during construction, upon the amounts so

advanced. No expenditures out of the fund shall be made for

operation and maintenance except from appropriations therefor.

(d) Unpaid interest on advancements; charge on fund; rate of

interest

The Secretary of the Treasury shall charge the fund as of June 30

in each year with such amount as may be necessary for the payment

of interest on advances made under subsection (b) of this section

at the rate of 4 per centum per annum accrued during the year upon

the amounts so advanced and remaining unpaid, except that if the

fund is insufficient to meet the payment of interest the Secretary

of the Treasury may, in his discretion, defer any part of such

payment, and the amount so deferred shall bear interest at the rate

of 4 per centum per annum until paid.

(e) Money in fund in excess of amount needed; certification of

fact; disposition

The Secretary of the Interior shall certify to the Secretary of

the Treasury, at the close of each fiscal year, the amount of money

in the fund in excess of the amount necessary for construction,

operation, and maintenance, and payment of interest. Upon receipt

of each such certificate the Secretary of the Treasury is

authorized and directed to charge the fund with the amount so

certified as repayment of the advances made under subsection (b) of

this section, which amount shall be covered into the Treasury to

the credit of miscellaneous receipts.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 2, 45 Stat. 1057; Pub. L. 98-381,

title I, Sec. 103(a)(1), Aug. 17, 1984, 98 Stat. 1334.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-381 substituted a period for ",

except that the aggregate amount of such advances shall not exceed

the sum of $165,000,000" at end of first sentence.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 617c, 617n, 617u, 618,

618a, 618f of this title.

-FOOTNOTE-

(!1) So in original.

-End-

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43 USC Sec. 617b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617b. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated from time to time, out of

any money in the Treasury not otherwise appropriated, such sums of

money as may be necessary to carry out the purposes of this

subchapter, not exceeding in the aggregate $242,000,000, of which

$77,000,000 (October 1983 price levels) shall be adjusted plus or

minus such amounts as may be justified by reason of ordinary

fluctuations of construction costs as indicated by engineering cost

indices applicable to the type of construction involved herein.

Said $77,000,000 represents the additional amount required for the

uprating program and the visitor facilities program.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 3, 45 Stat. 1058; Pub. L. 98-381,

title I, Sec. 103(a)(2), Aug. 17, 1984, 98 Stat. 1334.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-381 substituted "$242,000,000, of which

$77,000,000 (October 1983 price levels) shall be adjusted plus or

minus such amounts as may be justified by reason of ordinary

fluctuations of construction costs as indicated by engineering cost

indices applicable to the type of construction involved herein.

Said $77,000,000 represents the additional amount required for the

uprating program and the visitor facilities program" for

"$165,000,000".

-End-

-CITE-

43 USC Sec. 617c 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617c. Condition precedent to taking effect of provisions

-STATUTE-

(a) Ratification by interested States of Colorado River compact;

agreements for apportionment of waters

This subchapter shall not take effect and no authority shall be

exercised under this subchapter and no work shall be begun and no

moneys expended on or in connection with the works or structures

provided for in this subchapter, and no water rights shall be

claimed or initiated thereunder, and no steps shall be taken by the

United States or by others to initiate or perfect any claims to the

use of water pertinent to such works or structures unless and until

(1) the States of Arizona, California, Colorado, Nevada, New

Mexico, Utah, and Wyoming shall have ratified the Colorado River

compact, mentioned in section 617l of this title, and the President

by public proclamation shall have so declared, or (2) if said

States fail to ratify the said compact within six months from

December 21, 1928, then, until six of said States, including the

State of California, shall ratify said compact and shall consent to

waive the provisions of the first paragraph of Article XI of said

compact, which makes the same binding and obligatory only when

approved by each of the seven States signatory thereto, and shall

have approved said compact without conditions, save that of such

six-State approval, and the President by public proclamation shall

have so declared, and, further, until the State of California, by

act of its legislature, shall agree irrevocably and unconditionally

with the United States and for the benefit of the States of

Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an

express covenant and in consideration of the passage of this

subchapter, that the aggregate annual consumptive use (diversions

less returns to the river) of water of and from the Colorado River

for use in the State of California, including all uses under

contracts made under the provisions of this subchapter and all

water necessary for the supply of any rights which existed on

December 21, 1928, shall not exceed four million four hundred

thousand acre-feet of the waters apportioned to the lower basin

States by paragraph (a) of Article III of the Colorado River

compact, plus not more than one-half of any excess or surplus

waters unapportioned by said compact, such uses always to be

subject to the terms of said compact.

The States of Arizona, California, and Nevada are authorized to

enter into an agreement which shall provide (1) that of the

7,500,000 acre-feet annually apportioned to the lower basin by

paragraph (a) of Article III of the Colorado River compact, there

shall be apportioned to the State of Nevada 300,000 acre-feet and

to the State of Arizona 2,800,000 acre-feet for exclusive

beneficial consumptive use in perpetuity, and (2) that the State of

Arizona may annually use one-half of the excess or surplus waters

unapportioned by the Colorado River compact, and (3) that the State

of Arizona shall have the exclusive beneficial consumptive use of

the Gila River and its tributaries within the boundaries of said

State, and (4) that the waters of the Gila River and its

tributaries, except return flow after the same enters the Colorado

River, shall never be subject to any diminution whatever by any

allowance of water which may be made by treaty or otherwise to the

United States of Mexico but if, as provided in paragraph (c) of

Article III of the Colorado River compact, it shall become

necessary to supply water to the United States of Mexico from

waters over and above the quantities which are surplus as defined

by said compact, then the State of California shall and will

mutually agree with the State of Arizona to supply out of the main

stream of the Colorado River, one-half of any deficiency which must

be supplied to Mexico by the lower basin, and (5) that the State of

California shall and will further mutually agree with the States of

Arizona and Nevada that none of said three States shall withhold

water and none shall require the delivery of water, which cannot

reasonably be applied to domestic and agricultural uses, and (6)

that all of the provisions of said tri-State agreement shall be

subject in all particulars to the provisions of the Colorado River

compact and (7) said agreement to take effect upon the ratification

of the Colorado River compact by Arizona, California, and Nevada.

(b) Agreements for revenues to meet expenses of construction,

operation, and maintenance of works

Before any money is appropriated for the construction of said dam

or power plant, or any construction work done or contracted for,

the Secretary of the Interior shall make provision for revenues by

contract, in accordance with the provisions of this subchapter,

adequate in his judgment to insure payment of all expenses of

operation and maintenance of said works incurred by the United

States and the repayment, within fifty years from the date of the

completion of said works, of all amounts advanced to the fund under

subsection (b) of section 617a of this title for such works

together with interest thereon made reimbursable under this

subchapter.

Before any money is appropriated for the construction of said

main canal and appurtenant structures to connect the Laguna Dam

with the Imperial and Coachella Valleys in California, or any

construction work is done upon said canal or contracted for, the

Secretary of the Interior shall make provision for revenues, by

contract or otherwise, adequate in his judgment to insure payment

of all expenses of construction, operation, and maintenance of said

main canal and appurtenant structures in the manner provided in the

reclamation law.

If during the period of amortization the Secretary of the

Interior shall receive revenues in excess of the amount necessary

to meet the periodical payments to the United States as provided in

the contract, or contracts, executed under this subchapter, then,

immediately after the settlement of such periodical payments, he

shall pay to the State of Arizona 18 3/4 per centum of such excess

revenues and to the State of Nevada 18 3/4 per centum of such

excess revenues.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 4, 45 Stat. 1058.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, is defined in section

617k of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 617a, 617d, 617e, 617o,

618a of this title.

-End-

-CITE-

43 USC Sec. 617d 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617d. Contracts for storage and use of waters for irrigation

and domestic purposes; generation and sale of electrical energy

-STATUTE-

The Secretary of the Interior is authorized, under such general

regulations as he may prescribe, to contract for the storage of

water in said reservoir and for the delivery thereof at such points

on the river and on said canal as may be agreed upon, for

irrigation and domestic uses, and generation of electrical energy

and delivery at the switchboard to States, municipal corporations,

political subdivisions, and private corporations of electrical

energy generated at said dam, upon charges that will provide

revenue which, in addition to other revenue accruing under the

reclamation law and under this subchapter, will in his judgment

cover all expenses of operation and maintenance incurred by the

United States on account of works constructed under this subchapter

and the payments to the United States under subsection (b) of

section 617c of this title. Contracts respecting water for

irrigation and domestic uses shall be for permanent service and

shall conform to subsection (a) of section 617c of this title. No

person shall have or be entitled to have the use for any purpose of

the water stored as aforesaid except by contract made as herein

stated.

After the repayments to the United States of all money advanced

with interest, charges shall be on such basis and the revenues

derived therefrom shall be kept in a separate fund to be expended

within the Colorado River Basin as may hereafter be prescribed by

the Congress.

General and uniform regulations shall be prescribed by the said

Secretary for the awarding of contracts for the sale and delivery

of electrical energy, and for renewals under subsection (b) of this

section, and in making such contracts the following shall govern:

(a) Duration of contracts for electrical energy; price of water and

electrical energy to yield reasonable returns; readjustments of

prices

No contract for electrical energy or for generation of electrical

energy shall be of longer duration than fifty years from the date

at which such energy is ready for delivery.

Contracts made pursuant to subsection (a) of this section shall

be made with a view to obtaining reasonable returns and shall

contain provisions whereby at the end of fifteen years from the

date of their execution and every ten years thereafter, there shall

be readjustment of the contract, upon the demand of either party

thereto, either upward or downward as to price, as the Secretary of

the Interior may find to be justified by competitive conditions at

distributing points or competitive centers, and with provisions

under which disputes or disagreements as to interpretation or

performance of such contract shall be determined either by

arbitration or court proceedings, the Secretary of the Interior

being authorized to act for the United States in such readjustments

or proceedings.

(b) Renewal of contracts for electrical energy

The holder of any contract for electrical energy not in default

thereunder shall be entitled to a renewal thereof upon such terms

and conditions as may be authorized or required under the then

existing laws and regulations, unless the property of such holder

dependent for its usefulness on a continuation of the contract be

purchased or acquired and such holder be compensated for damages to

its property, used and useful in the transmission and distribution

of such electrical energy and not taken, resulting from the

termination of the supply.

(c) Applicants for purchase of water and electrical energy;

preferences

Contracts for the use of water and necessary privileges for the

generation and distribution of hydroelectric energy or for the sale

and delivery of electrical energy shall be made with responsible

applicants therefor who will pay the price fixed by the said

Secretary with a view to meeting the revenue requirements herein

provided for. In case of conflicting applications, if any, such

conflicts shall be resolved by the said Secretary, after hearing,

with due regard to the public interest, and in conformity with the

policy expressed in the Federal Power Act [16 U.S.C. 791a et seq.]

as to conflicting applications for permits and licenses, except

that preference to applicants for the use of water and appurtenant

works and privileges necessary for the generation and distribution

of hydroelectric energy, or for delivery at the switchboard of a

hydroelectric plant, shall be given, first, to a State for the

generation or purchase of electric energy for use in the State, and

the States of Arizona, California, and Nevada shall be given equal

opportunity as such applicants.

The rights covered by such preference shall be contracted for by

such State within six months after notice by the Secretary of the

Interior and to be paid for on the same terms and conditions as may

be provided in other similar contracts made by said Secretary:

Provided, however, That no application of a State or a political

subdivision for an allocation of water for power purposes or of

electrical energy shall be denied or another application in

conflict therewith be granted on the ground that the bond issue of

such State or political subdivision necessary to enable the

applicant to utilize such water and appurtenant works and

privileges necessary for the generation and distribution of

hydroelectric energy or the electrical energy applied for, has not

been authorized or marketed, until after a reasonable time, to be

determined by the said Secretary, has been given to such applicant

to have such bond issue authorized and marketed.

(d) Transmission lines for electrical energy; use; rights of way

over public and reserved lands

Any agency receiving a contract for electrical energy equivalent

to one hundred thousand firm horsepower, or more, may, when deemed

feasible by the said Secretary, from engineering and economic

considerations and under general regulations prescribed by him, be

required to permit any other agency having contracts hereunder for

less than the equivalent of twenty-five thousand firm horsepower,

upon application to the Secretary of the Interior made within sixty

days from the execution of the contract of the agency the use of

whose transmission line is applied for, to participate in the

benefits and use of any main transmission line constructed or to be

constructed by the former for carrying such energy (not exceeding,

however, one-fourth the capacity of such line), upon payment by

such other agencies of a reasonable share of the cost of

construction, operation, and maintenance thereof.

The use is authorized of such public and reserved lands of the

United States as may be necessary or convenient for the

construction, operation, and maintenance of main transmission lines

to transmit said electrical energy.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 5, 45 Stat. 1060.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text preceding subsec. (a),

is defined in section 617k of this title.

The Federal Power Act, referred to subsec. (c), which was in the

original the "Federal Water Power Act", is defined in section 617k

of this title. For further details, see note set out under section

617k of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 617e, 617g, 617o, 619a,

1572 of this title.

-End-

-CITE-

43 USC Sec. 617e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617e. Uses to be made of dam and reservoir; title in whom;

leases, regulations; limitation on authority

-STATUTE-

The dam and reservoir provided for by section 617 of this title

shall be used: First, for river regulation, improvement of

navigation, and flood control; second, for irrigation and domestic

uses and satisfaction of present perfected rights in pursuance of

Article VIII of said Colorado River compact; and third, for power.

The title to said dam, reservoir, plant, and incidental works shall

forever remain in the United States, and the United States shall,

until otherwise provided by Congress, control, manage, and operate

the same, except as herein otherwise provided: Provided, however,

That the Secretary of the Interior may, in his discretion, enter

into contracts of lease of a unit or units of any Government-built

plant, with right to generate electrical energy, or alternatively,

to enter into contracts of lease for the use of water for the

generation of electrical energy as herein provided, in either of

which events the provisions of section 617d of this title relating

to revenue, term, renewals, determination of conflicting

applications, and joint use of transmission lines under contracts

for the sale of electrical energy, shall apply.

The Secretary of the Interior shall prescribe and enforce rules

and regulations conforming with the requirements of the Federal

Power Act [16 U.S.C. 791a et seq.], so far as applicable,

respecting maintenance of works in condition of repair adequate for

their efficient operation, maintenance of a system of accounting,

control of rates and service in the absence of State regulation or

interstate agreement, valuation for rate-making purposes, transfers

of contracts, contracts extending beyond the lease period,

expropriation of excessive profits, recapture and/or emergency use

by the United States of property of lessees, and penalties for

enforcing regulations made under this subchapter or penalizing

failure to comply with such regulations or with the provisions of

this subchapter. He shall also conform with other provisions of the

Federal Power Act and of the rules and regulations of the Federal

Power Commission, which have been devised or which may be hereafter

devised, for the protection of the investor and consumer.

The Federal Power Commission is directed not to issue or approve

any permits or licenses under said Federal Power Act [16 U.S.C.

791a et seq.] upon or affecting the Colorado River or any of its

tributaries, except the Gila River, in the States of Colorado,

Wyoming, Utah, New Mexico, Nevada, Arizona, and California until

this subchapter shall become effective as provided in sections 617c

of this title.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 6, 45 Stat. 1061.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in text, which was in the

original the "Federal Water Power Act", is defined in section 617k

of this title. For further details, see note set out under section

617k of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293

of Title 42, The Public Health and Welfare.

Executive and administrative functions of Federal Power

Commission, with certain reservations, transferred to Chairman of

Commission, with authority vested in him to authorize their

performance by any officer, employee, or administrative unit under

his jurisdiction, by Reorg. Plan No. 9 of 1950, Secs. 1, 2, eff.

May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out in the Appendix

to Title 5, Government Organization and Employees.

-End-

-CITE-

43 USC Sec. 617f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617f. Canals and appurtenant structures; transfer of title;

power development

-STATUTE-

The Secretary of the Interior may, in his discretion, when

repayments to the United States of all money advanced, with

interest, reimbursable hereunder, shall have been made, transfer

the title to said canal and appurtenant structures, except the

Laguna Dam and the main canal and appurtenant structures down to

and including Syphon Drop, to the districts or other agencies of

the United States having a beneficial interest therein in

proportion to their respective capital investments under such form

of organization as may be acceptable to him. The said districts or

other agencies shall have the privilege at any time of utilizing by

contract or otherwise such power possibilities as may exist upon

said canal, in proportion to their respective contributions or

obligations toward the capital cost of said canal and appurtenant

structures from and including the diversion works to the point

where each respective power plant may be located. The net proceeds

from any power development on said canal shall be paid into the

fund and credited to said districts or other agencies on their said

contracts, in proportion to their rights to develop power, until

the districts or other agencies using said canal shall have paid

thereby and under any contract or otherwise an amount of money

equivalent to the operation and maintenance expense and cost of

construction thereof.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 7, 45 Stat. 1062.)

-End-

-CITE-

43 USC Sec. 617g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617g. Colorado River compact as controlling authority in

construction and maintenance of dam, reservoir, canals, and other

works

-STATUTE-

(a) The United States, its permittees, licensees, and

contractees, and all users and appropriators of water stored,

diverted, carried, and/or distributed by the reservoir, canals, and

other works herein, authorized shall observe and be subject to and

controlled by said Colorado River compact in the construction,

management, and operation of said reservoir, canals, and other

works and the storage, diversion, delivery, and use of water for

the generation of power, irrigation, and other purposes, anything

in this subchapter to the contrary notwithstanding, and all

permits, licenses, and contracts shall so provide.

(b) Also the United States, in constructing, managing, and

operating the dam, reservoir, canals, and other works herein

authorized in including the appropriation, delivery, and use of

water for the generation of power, irrigation, or other uses, and

all users of water thus delivered and all users and appropriators

of waters stored by said reservoir and/or carried by said canal,

including all permittees and licensees of the United States or any

of its agencies, shall observe and be subject to and controlled,

anything to the contrary herein notwithstanding, by the terms of

such compact, if any, between the States of Arizona, California,

and Nevada, or any two thereof, for the equitable division of the

benefits, including power, arising from the use of water accruing

to said States, subsidiary to and consistent with said Colorado

River compact, which may have been negotiated and approved by said

States and to which Congress shall have given its consent and

approval on or before January 1, 1929; and the terms of any such

compact concluded between said States and approved and consented to

by Congress after said date: Provided, That in the latter case such

compact shall be subject to all contracts, if any, made by the

Secretary of the Interior under section 617d of this title prior to

the date of such approval and consent by Congress.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 8, 45 Stat. 1062.)

-End-

-CITE-

43 USC Sec. 617h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617h. Lands capable of irrigation and reclamation by

irrigation works; public entry; preferences

-STATUTE-

Lands found to be practicable of irrigation and reclamation by

irrigation works and withdrawn under the Act of March 6, 1946 (43

U.S.C. 617(h)) shall be opened for entry, in tracts varying in size

but not exceeding one hundred and sixty acres, as may be determined

by the Secretary of the Interior, in accordance with the provisions

of the reclamation law, and any such entryman shall pay an

equitable share in accordance with the benefits received, as

determined by the said Secretary, of the construction cost of said

canal and appurtenant structures; said payments to be made in such

installments and at such times as may be specified by the Secretary

of the Interior, in accordance with the provisions of the said

reclamation law, and shall constitute revenue from said project and

be covered into the fund herein provided for: Provided, That all

persons who served in the United States Army, Navy, Marine Corps,

or Coast Guard during World War II, the War with Germany, the War

with Spain, or in the suppression of the insurrection in the

Philippines, and who have been honorably separated or discharged

therefrom or placed in the Regular Army or Naval Reserve, shall

have the exclusive preference right for a period of three months to

enter said lands, subject, however, to the provisions of section

433 of this title; and also, so far as practicable, preference

shall be given to said persons in all construction work authorized

by this subchapter: Provided further, That the above exclusive

preference rights shall apply to veteran settlers on lands watered

from the Gila canal in Arizona the same as to veteran settlers on

lands watered from the All-American canal in California: Provided

further, That in the event such an entry shall be relinquished at

any time prior to actual residence upon the land by the entryman

for not less than one year, lands so relinquished shall not be

subject to entry for a period of sixty days after the filing and

notation of the relinquishment in the local land office, and after

the expiration of said sixty-day period such lands shall be open to

entry, subject to the preference in this section provided.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 9, 45 Stat. 1063; Mar. 6, 1946, ch.

58, 60 Stat. 36; Pub. L. 94-579, title VII, Sec. 704, Oct. 21,

1976, 90 Stat. 2792.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 6, 1946 (43 U.S.C. 617(h)), referred to in text,

probably means act Mar. 6, 1946, ch. 58, 60 Stat. 36, which amended

this section and which authorized all lands of the United States

found by the Secretary of the Interior to be practicable of

irrigation and reclamation by the irrigation works authorized by

the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057, to be withdrawn

from public entry.

The reclamation law, referred to in text, is defined in section

617k of this title.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 substituted "Lands found to be practicable

of irrigation and reclamation by irrigation works and withdrawn

under the Act of March 6, 1946 (43 U.S.C. 617(h))" for "Thereafter,

at the direction of the Secretary of the Interior, such lands", and

struck out provisions authorizing withdrawal from public entry of

all public lands found by Secretary of the Interior to be

practicable of irrigation and reclamation by irrigation works

authorized under the act of Dec. 21, 1928, ch. 42, 45 Stat. 1057.

1946 - Act Mar. 6, 1946, struck out "or" before "Marine Corps"

and inserted "or Coast Guard during World War II" after "Marine

Corps," and second proviso.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that amendment to this

section striking out provision relating to withdrawal of public

lands is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

REPEAL OF PRIOR ACTS CONTINUING SECTION

Section 6 of Joint Res. July 3, 1952, 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 until July 3, 1952. This repeal took effect as

of June 16, 1952, by section 7 of Joint Res. July 3, 1952.

-End-

-CITE-

43 USC Sec. 617i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617i. Modification of existing compact relating to Laguna Dam

-STATUTE-

Nothing in this subchapter shall be construed as modifying in any

manner the existing contract, dated October 23, 1918, between the

United States and the Imperial Irrigation District, providing for a

connection with Laguna Dam; but the Secretary of the Interior is

authorized to enter into contract or contracts with the said

district or other districts, persons, or agencies for the

construction, in accordance with this subchapter of said canal and

appurtenant structures, and also for the operation and maintenance

thereof, with the consent of the other users.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 10, 45 Stat. 1063.)

-End-

-CITE-

43 USC Sec. 617j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617j. Omitted

-COD-

CODIFICATION

Section, act Dec. 21, 1928, ch. 42, Sec. 11, 45 Stat. 1063,

authorized Secretary of the Interior to make surveys and

investigations to determine what lands in Arizona should be

included in Parker-Gila Valley reclamation project and required him

to make a report to Congress not later than Dec. 10, 1931.

-End-

-CITE-

43 USC Sec. 617k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617k. Definitions

-STATUTE-

"Political subdivision" or "political subdivisions" as used in

this subchapter shall be understood to include any State,

irrigation or other district, municipality, or other governmental

organization.

"Reclamation law" as used in this subchapter shall be understood

to mean that certain Act of Congress of the United States approved

June 17, 1902, and the Acts amendatory thereof and supplemental

thereto.

"Maintenance" as used herein shall be deemed to include in each

instance provision for keeping the works in good operating

condition.

"The Federal Power Act," [16 U.S.C. 791a et seq.] as used in this

subchapter, shall be understood to mean that certain Act of

Congress of the United States approved June 10, 1920, and the Acts

amendatory thereof and supplemental thereto.

"Domestic", whenever employed in this subchapter, shall include

water uses defined as "domestic" in said Colorado River compact.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 12, 45 Stat. 1064.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 17, 1902, referred to in text, is act June 17, 1902,

ch. 1093, 32 Stat. 388, as amended, popularly known as the

Reclamation Act, which is classified generally to chapter 12 (Sec.

371 et seq.) of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 371 of this

title and Tables.

The Federal Power Act, referred to in text, was in the original

the "Federal Water Power Act", which was redesignated the Federal

Power Act by section 791a of Title 16, Conservation. The Federal

Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,

which is classified generally to chapter 12 (Sec. 791a et seq.) of

Title 16. For complete classification of this Act to the Code, see

section 791a of Title 16 and Tables.

-End-

-CITE-

43 USC Sec. 617l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617l. Colorado River compact approval

-STATUTE-

(a) Approval by Congress

The Colorado River compact signed at Santa Fe, New Mexico,

November 24, 1922, pursuant to Act of Congress approved August 19,

1921, entitled "An Act to permit a compact or agreement between the

States of Arizona, California, Colorado, Nevada, New Mexico, Utah,

and Wyoming respecting the disposition and apportionment of the

waters of the Colorado River, and for other purposes", is approved

by the Congress of the United States, and the provisions of the

first paragraph of article 11 of the said Colorado River compact,

making said compact binding and obligatory when it shall have been

approved by the legislature of each of the signatory States, are

waived, and this approval shall become effective when the State of

California and at least five of the other States mentioned, shall

have approved or may hereafter approve said compact as aforesaid

and shall consent to such waiver, as herein provided.

(b) Rights in waters of Colorado River and tributaries; Colorado

River compact as controlling

The rights of the United States in or to waters of the Colorado

River and its tributaries howsoever claimed or acquired, as well as

the rights of those claiming under the United States, shall be

subject to and controlled by said Colorado River compact.

(c) Patents, grants, contracts, concessions, etc.; Colorado River

compact as controlling

Also all patents, grants, contracts, concessions, leases,

permits, licenses, rights-of-way, or other privileges from the

United States or under its authority, necessary or convenient for

the use of waters of the Colorado River or its tributaries, or for

the generation or transmission of electrical energy generated by

means of the waters of said river or its tributaries, whether under

this subchapter, the Federal Power Act [16 U.S.C. 791a et seq.], or

otherwise, shall be upon the express condition and with the express

covenant that the rights of the recipients or holders thereof to

waters of the river or its tributaries, for the use of which the

same are necessary, convenient, or incidental, and the use of the

same shall likewise be subject to and controlled by said Colorado

River compact.

(d) Conditions and covenants referred to herein; nature; how and by

whom availed of in litigation

The conditions and covenants referred to herein shall be deemed

to run with the land and the right, interest, or privilege therein

and water right, and shall attach as a matter of law, whether set

out or referred to in the instrument evidencing any such patent,

grant, contract, concession, lease, permit, license, right-of-way,

or other privilege from the United States or under its authority,

or not, and shall be deemed to be for the benefit of and be

available to the States of Arizona, California, Colorado, Nevada,

New Mexico, Utah, and Wyoming, and the users of water therein or

thereunder, by way of suit, defense, or otherwise, in any

litigation respecting the waters of the Colorado River or its

tributaries.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 13, 45 Stat. 1064.)

-REFTEXT-

REFERENCES IN TEXT

Act of Congress approved August 19, 1921, referred to in subsec.

(a), is act Aug. 19, 1921, ch. 72, 42 Stat. 171, which is not

classified to the Code.

The Federal Power Act, referred to in subsec. (c), which was in

the original the "Federal Water Power Act", is defined in section

617k of this title. For further details, see note set out under

section 617k of this title.

-MISC1-

UPPER COLORADO RIVER BASIN COMPACT

The Upper Colorado River Basin Compact signed by the States of

Arizona, Colorado, New Mexico, Utah, and Wyoming on October 11,

1948, was approved by Congress Apr. 6, 1949, ch. 48, 63 Stat. 31.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 617c, 618m of this title.

-End-

-CITE-

43 USC Sec. 617m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617m. Reclamation law applicable

-STATUTE-

This subchapter shall be deemed a supplement to the reclamation

law, which said reclamation law shall govern the construction,

operation, and management of the works herein authorized, except as

otherwise therein provided.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 14, 45 Stat. 1065.)

-REFTEXT-

REFERENCES IN TEXT

The reclamation law, referred to in text, is defined in section

617k of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 617o of this title.

-End-

-CITE-

43 USC Sec. 617n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617n. Projects for irrigation, generation of electric power,

and other purposes; investigations and reports

-STATUTE-

The Secretary of the Interior is authorized and directed to make

investigation and public reports of the feasibility of projects for

irrigation, generation of electric power, and other purposes in the

States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming

for the purpose of making such information available to said States

and to the Congress and of formulating a comprehensive scheme of

control and the improvement and utilization of the water of the

Colorado River and its tributaries. The sum of $250,000 is

authorized to be appropriated from said Colorado River Dam fund,

created by section 617a of this title, for such purposes.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 15, 45 Stat. 1065.)

-End-

-CITE-

43 USC Sec. 617o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617o. Officials of ratifying States; authority to act in

advisory capacity; access to records

-STATUTE-

In furtherance of any comprehensive plan formulated on and after

Dec. 21, 1928 for the control, improvement, and utilization of the

resources of the Colorado River system and to the end that the

project authorized by this subchapter may constitute and be

administered as a unit in such control, improvement, and

utilization, any commission or commissioner duly authorized under

the laws of any ratifying State in that behalf shall have the right

to act in an advisory capacity to and in cooperation with the

Secretary of the Interior in the exercise of any authority under

the provisions of sections 617c, 617d, and 617m of this title and

shall have at all times access to records of all Federal agencies

empowered to act under said sections, and shall be entitled to have

copies of said records on request.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 16, 45 Stat. 1065.)

-End-

-CITE-

43 USC Sec. 617p 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617p. Claims of United States; priority

-STATUTE-

Except as provided in title 11, claims of the United States

arising out of any contract authorized by this subchapter shall

have priority over all others, secured or unsecured.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 17, 45 Stat. 1065; Pub. L. 95-598,

title III, Sec. 332, Nov. 6, 1978, 92 Stat. 2679.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-598 inserted introductory phrase "Except as

provided in title 11".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(a) of Pub. L. 95-598, set out as an Effective Dates note

preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-

43 USC Sec. 617q 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617q. Effect on authority of States to control waters within

own borders

-STATUTE-

Nothing herein shall be construed as interfering with such rights

as the States had on December 21, 1928, either to the waters within

their borders or to adopt such policies and enact such laws as they

deem necessary with respect to the appropriation, control, and use

of waters within their borders, except as modified by the Colorado

River compact or other interstate agreement.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 18, 45 Stat. 1065.)

-End-

-CITE-

43 USC Sec. 617r 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617r. Consent given States to negotiate supplemental compacts

for development of Colorado River

-STATUTE-

The consent of Congress is given to the States of Arizona,

California, Colorado, Nevada, New Mexico, Utah, and Wyoming to

negotiate and enter into compacts or agreements, supplemental to

and in conformity with the Colorado River compact and consistent

with this subchapter for a comprehensive plan for the development

of the Colorado River and providing for the storage, diversion, and

use of the waters of said river. Any such compact or agreement may

provide for the construction of dams, headworks, and other

diversion works or structures for flood control, reclamation,

improvement of navigation, division of water, or other purposes

and/or the construction of power houses or other structures for the

purpose of the development of water power and the financing of the

same; and for such purposes may authorize the creation of

interstate commissions and/or the creation of corporations,

authorities, or other instrumentalities.

(a) Such consent is given upon condition that a representative of

the United States, to be appointed by the President, shall

participate in the negotiations and shall make report to Congress

of the proceedings and of any compact or agreement entered into.

(b) No such compact or agreement shall be binding or obligatory

upon any of such States unless and until it has been approved by

the legislature of each of such States and by the Congress of the

United States.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 19, 45 Stat. 1065.)

-End-

-CITE-

43 USC Sec. 617s 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617s. Recognition of rights of Mexico to Colorado River waters

-STATUTE-

Nothing in this subchapter shall be construed as a denial or

recognition of any rights, if any, in Mexico to the use of the

waters of the Colorado River system.

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 20, 45 Stat. 1066.)

-End-

-CITE-

43 USC Sec. 617t 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617t. Short title

-STATUTE-

The short title of this subchapter shall be "Boulder Canyon

Project Act."

-SOURCE-

(Dec. 21, 1928, ch. 42, Sec. 21, 45 Stat. 1066.)

-End-

-CITE-

43 USC Sec. 617u 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617u. Lease of reserved lands in Boulder City, Nevada;

disposition of revenues

-STATUTE-

The Secretary of the Interior is authorized and empowered, under

such rules and regulations as he may prescribe, to establish rental

rates for the lease of reserved lands of the United States situate

within the exterior boundaries of Boulder City, Nevada, and,

without prior advertising, to enter into leases therefor at not

less than rates so established and for periods not exceeding

fifty-three years from the date of such leases: Provided, That all

revenues which may accrue to the United States under the provisions

of such leases shall be deposited in the Treasury and credited to

the Colorado River Dam fund established by section 617a of this

title.

-SOURCE-

(June 18, 1940, ch. 395, 54 Stat. 437.)

-COD-

CODIFICATION

Section was not enacted as part of the Boulder Canyon Project Act

which comprises this subchapter.

-MISC1-

BOULDER CITY ACT OF 1958

Public Law 85-900, Sept. 2, 1958, 72 Stat. 1726, provided for

disposal of certain Federal property in Boulder City for purposes

of establishment of a municipal corporation incorporated under laws

of Nevada.

-End-

-CITE-

43 USC Sec. 617v 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER I - BOULDER CANYON PROJECT ACT

-HEAD-

Sec. 617v. Repealed. Pub. L. 85-900, Sec. 17, Sept. 2, 1958, 72

Stat. 1735

-MISC1-

Section, act July 31, 1953, ch. 296, title II, 67 Stat. 250,

which was not enacted as part of the Boulder Canyon Project Act

(which comprises this subchapter), provided for taxation of

leaseholds lying within Boulder Canyon Project Reservation and

deduction of certain school taxes in Boulder City Union School

District.

-End-

-CITE-

43 USC SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT

ACT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-MISC1-

EFFECTIVE DATE

Effective date of subchapter, see sections 618i, 620f, 620h, 620m

of this title.

CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER

Consolidation of Parker and Davis Dam projects as not affecting

this subchapter, see note set out preceding subchapter I of this

chapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 619a, 1551, 1552,

1597, 1600g of this title.

-End-

-CITE-

43 USC Sec. 618 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618. Promulgation of charges for electrical energy

-STATUTE-

The Secretary of the Interior is authorized and directed to, and

he shall, promulgate charges, or the basis of computation thereof,

for electrical energy generated at Hoover Dam beginning June 1,

1937, computed to be sufficient, together with other net revenues

from the project, to accomplish the following purposes:

(a) To meet the cost of operation and maintenance, and to provide

for replacements, of the project beginning June 1, 1937;

(b) To repay to the Treasury, with interest, the advances to the

Colorado River Dam Fund for the project made prior to June 1, 1937,

within fifty years from that date (excluding advances allocated to

flood control by section 617a(b) of this title, which shall be

repayable as provided in section 618f of this title), and such

advances made on and after June 1, 1937, over fifty-year periods;

(c) To provide $600,000 for each of the years and for the

purposes specified in section 618a(c) of this title;

(d) To provide $500,000 for each of the years and for the

purposes specified in section 618a(d) of this title; and

(e) To provide, by application of the increments to rates

specified in section 403(c)(2) of the Colorado River Basin Project

Act of 1968, as amended and supplemented [43 U.S.C. 1543(c)(2)],

revenues, from and after June 1, 1987, for application to the

purposes there specified.

Such charges may be made subject to revisions and adjustments at

such times, to such extent, and in such manner, as by the terms of

their promulgation the Secretary shall prescribe.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 1, 54 Stat. 774; Apr. 30, 1947, ch.

46, 61 Stat. 56; Pub. L. 98-381, title I, Sec. 104(a)(1)-(3), Aug.

17, 1984, 98 Stat. 1334.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-381, Sec. 104(a)(1), substituted "beginning

June 1, 1937" for "during the period beginning June 1, 1937, and

ending May 31, 1987" in provisions preceding subsec. (a).

Subsec. (a). Pub. L. 98-381, Sec. 104(a)(1), substituted

"beginning June 1, 1937" for "during the period beginning June 1,

1937, and ending May 31, 1987".

Subsec. (b). Pub. L. 98-381, Sec. 104(a)(2), substituted "and

such advances made on or after June 1, 1937, over fifty-year

periods" for "and such portion of such advances made on or after

June 1, 1937, as (on the basis of repayment thereof within such

fifty-year period or periods as the Secretary may determine) will

be repayable prior to June 1, 1987".

Subsec. (e). Pub. L. 98-381, Sec. 104(a)(3), added subsec. (e).

-CHANGE-

CHANGE OF NAME

Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover

Dam.

-MISC2-

CONSTRUCTION WITH OTHER LAWS

Pub. L. 98-381, title I, Sec. 104(b), Aug. 17, 1984, 98 Stat.

1335, provided that: "Except as amended by this Act [amending

sections 618, 618a, 618e, and 618k of this title], the Boulder

Canyon Project Adjustment Act of 1940 (54 Stat. 774, as amended, 43

U.S.C. 618), as amended and supplemented [this subchapter], shall

remain in full force and effect."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 618a of this title.

-End-

-CITE-

43 USC Sec. 618a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618a. Receipts from project; disposition

-STATUTE-

All receipts from the project shall be paid into the Colorado

River Dam Fund and shall be available, without further

appropriation, for:

(a) Defraying operating expenses

Defraying the costs of operation (including purchase of

supplemental energy to meet temporary deficiencies in firm energy

which the Secretary of Energy is obligated by contract to supply),

maintenance and replacements of, and emergency expenditures for,

all facilities of the project, within such separate limitations as

may be included in annual appropriations Acts;

(b) Repayment of cost of construction

Repayment to the Treasury, with interest (after making provision

for the payments and transfers provided in subdivisions (c) and (d)

of this section), of advances to the Colorado River Dam Fund for

the construction of the project (excluding the amount allocated to

flood control by section 2(b) of the Project Act [43 U.S.C.

617a(b)]), and any readvances made to said fund under section 618d

of this title; and

(c) Commutation payments to Arizona and Nevada

Payment subject to the provisions of section 618b of this title,

in commutation of the payments now provided for the States of

Arizona and Nevada in section 4(b) of the Project Act [43 U.S.C.

617c(b)] to each of said States of the sum of $300,000 for each

year of operation, beginning with the year of operation ending May

31, 1938, and continuing annually thereafter until and including

the year of operation ending May 31, 1987, and such payments for

any year of operation which shall have expired at the time when

this subdivision shall become effective shall be due immediately,

and be paid, without interest, as expeditiously as administration

of this subchapter will permit, and each such payment for

subsequent years of operation shall be made on or before July 31,

following the close of the year of operation for which it is made.

All such payments shall be made from revenues received on and after

July 19, 1940 in the Colorado River Dam Fund.

Notwithstanding the foregoing provisions of this subsection, in

the event that there are levied and collected by or under authority

of Arizona or Nevada or by any lawful taxing political subdivision

thereof, taxes upon -

(i) the project as herein defined;

(ii) the electrical energy generated at Hoover Dam by means of

facilities, machinery, or equipment both owned and operated by

the United States, or owned by the United States and operated

under contract with the United States;

(iii) the privilege of generating or transforming such

electrical energy or of use of such facilities, machinery, or

equipment or of falling water for such generation or

transforming; or

(iv) the transmission or control of such electrical energy so

generated or transformed (as distinguished from the transmission

lines and other physical properties used for such transmission or

control) or the use of such transmission lines or other physical

properties for such transmission or control,

payments made hereunder to the State by or under the authority of

which such taxes are collected shall be reduced by an amount

equivalent to such taxes. Nothing herein shall in anywise impair

the right of either the State of Arizona or the State of Nevada, or

any lawful taxing political subdivision of either of them, to

collect non-discriminatory taxes upon that portion of the

transmission lines and all other physical properties, situated

within such State and such political subdivision, respectively, and

belonging to any of the lessees and/or allottees under the Project

Act [43 U.S.C. 617 et seq.] and/or under this subchapter, and

nothing herein shall exempt or be construed so as to exempt any

such property from nondiscriminatory taxation, all in the manner

provided by the constitution and laws of such State. Sums, if any,

received by each State under the provisions of the Project Act [43

U.S.C. 617 et seq.] shall be deducted from the first payment or

payments to said State authorized by this subchapter. Payments

under this subsection shall be deemed contractual obligations of

the United States, subject to the provisions of section 618b of

this title.

(d) Transfer of sums to Colorado River Development Fund;

expenditure of fund

Transfer, subject to the provisions of section 618b of this

title, from the Colorado River Dam Fund to a special fund in the

Treasury, established and designated the "Colorado River

Development Fund", of the sum of $500,000 for the year of operation

ending May 31, 1938, and the like sum of $500,000 for each year of

operation thereafter, until and including the year of operation

ending May 31. 1987. The transfer of the said sum of $500,000 for

each year of operation shall be made on or before July 31 next

following the close of the year of operation for which it is made:

Provided, That any such transfer for any year of operation which

shall have ended at the time this subsection shall become

effective, shall be made, without interest, from revenues received

in the Colorado River Dam Fund, as expeditiously as administration

of this subchapter will permit, and without readvances from the

general funds of the Treasury. Receipts of the Colorado River

Development Fund for the years of operation ending in 1938, 1939,

and 1940 (or in the event of reduced receipts during any of said

years, due to adjustments under section 618b of this title, then

the first receipts of said fund up to $1,500,000), are authorized

to be appropriated only for the continuation and extension, under

the direction of the Secretary, of studies and investigations by

the Bureau of Reclamation for the formulation of a comprehensive

plan for the utilization of waters of the Colorado River system for

irrigation, electrical power, and other purposes, in the States of

the upper division and the States of the lower division, including

studies of quantity and quality of water and all other relevant

factors. The next such receipts up to and including the receipts

for the year of operation ending in 1955 are authorized to be

appropriated only for the investigation and construction of

projects for such utilization in and equitably distributed among

the four States of the upper division: Provided, however, That in

view of distributions heretofore made, and in order to expedite the

development and utilization of water projects within all of the

States of the upper division, the distribution of such funds for

use in the fiscal years 1949 to 1955, shall be on a basis which is

as nearly equal as practicable. Such receipts for the years of

operation ending in 1956 to 1987, inclusive, are authorized to be

appropriated for the investigation and construction of projects for

such utilization in and equitably distributed among the States of

the upper division and the States of the lower division. The terms

"Colorado River system", "States of the upper division", and

"States of the lower division" as so used shall have the respective

meanings defined in the Colorado River compact mentioned in the

Project Act [43 U.S.C. 617 et seq.]. Such projects shall be only

such as are found by the Secretary to be physically feasible,

economically justified, and consistent with such formulation of a

comprehensive plan. Nothing in this subchapter shall be construed

so as to prevent the authorization and construction of any such

projects prior to the completion of said plan of comprehensive

development; nor shall this subchapter be construed as affecting

the right of any State to proceed independently of this subchapter

or its provisions with the investigation or construction of any

project or projects. Transfers under this subsection shall be

deemed contractual obligations of the United States, subject to the

provisions of section 618b of this title.

(e) Transfer to Lower Colorado River Basin Development Fund

Transfer to the Lower Colorado River Basin Development Fund

established by title IV of the Colorado River Basin Project Act of

1968, as amended and supplemented [43 U.S.C. 1541 et seq.], of the

revenues referred to in section 618(e) of this title.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 2, 54 Stat. 774; Apr. 30, 1947, ch.

46, 61 Stat. 56; May 14, 1948, ch. 292, 62 Stat. 235; June 1, 1948,

ch. 364, Sec. 1, 62 Stat. 284; Pub. L. 98-381, title I, Sec.

104(a)(4), Aug. 17, 1984, 98 Stat. 1334.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

The Colorado River Basin Project Act, referred to in subd. (e),

is Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which

is classified principally to chapter 32 (Sec. 1501 et seq.) of this

title. Title IV of the Act is classified to subchapter IV (Sec.

1541 et seq.) of chapter 32 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1501 of this title and Tables.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-381, Sec. 104(a)(4)(i), amended introductory

provisions generally, inserting ", without further appropriation,"

after "available".

Subd. (a). Pub. L. 98-381, Sec. 104(a)(4)(i), substituted

"Defraying the costs of operation (including purchase of

supplemental energy to meet temporary deficiencies in firm energy

which the Secretary of Energy is obligated by contract to supply),

maintenance and replacements of, and emergency expenditures for,

all facilities of the project, within such separate limitations as

may be included in annual appropriations Acts;" for "Annual

appropriation for the operation, maintenance, and replacements of

the project, including emergency replacements necessary to insure

continuous operations;".

Subd. (e). Pub. L. 98-381, Sec. 104(a)(4)(ii), substituted

provisions relating to the transfer of funds to the Lower Colorado

River Basin Development Fund for provisions which had made

available receipts from the project paid into the Colorado River

Dam Fund, for annual appropriation for fiscal years 1948 to 1951

for payment to Boulder City School District as reimbursement for

pupil instructions not exceeding $65 per semester per pupil.

1948 - Subd. (d). Act June 1, 1948, inserted proviso to fourth

sentence to provide for distribution of receipts for fiscal years

1949 to 1955, inclusive.

Subd. (e). Act May 14, 1948, added subd. (e).

-CHANGE-

CHANGE OF NAME

Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover

Dam.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618, 618c, 618d, 620d-1,

1543 of this title.

-End-

-CITE-

43 USC Sec. 618a-1 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618a-1. Availability of Colorado River Development Fund for

investigation and construction purposes

-STATUTE-

The availability of appropriations from the Colorado River

Development Fund for the investigation and construction of projects

in any of the States of the Colorado River Basin shall not be held

to forbid the expenditure of other funds for those purposes in any

of those States where such funds are otherwise available therefor.

-SOURCE-

(June 1, 1948, ch. 364, Sec. 2, 62 Stat. 285.)

-COD-

CODIFICATION

Section was not enacted as part of the Boulder Canyon Project

Adjustment Act which comprises this subchapter.

-End-

-CITE-

43 USC Sec. 618b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618b. Reduction of payments and transfers where revenue is

insufficient

-STATUTE-

If, by reason of any act of God, or of the public enemy, or any

major catastrophe, or any other unforeseen and unavoidable cause,

the revenues, for any year of operation, after making provision for

costs of operation, maintenance, and the amount to be set aside for

said year for replacements, should be insufficient to make the

payments to the States of Arizona and Nevada and the transfers to

the Colorado River Development Fund in this subchapter provided

for, such payments and transfers shall be proportionately reduced,

as the Secretary may find to be necessary by reason thereof.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 3, 54 Stat. 776.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 618a of this title.

-End-

-CITE-

43 USC Sec. 618c 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618c. Charges as retroactive; adjustment of accounts

-STATUTE-

(a) Upon the taking effect of this subchapter, pursuant to

section 618i of this title, the charges, or the basis of

computation thereof, promulgated under this subchapter, shall be

applicable as from June 1, 1937, and adjustments of accounts by

reason thereof, including charges by and against the United States,

shall be made so that the United States and all parties that have

contracted for energy, or for the privilege of generating energy,

at the project, shall be placed in the same position, as nearly as

may be, as determined by the Secretary, that they would have

occupied had such charges, or the basis of computation thereof, and

the method of operation which may be provided for under section

618h of this title, been effective on June 1, 1937: Provided, That

such adjustments with contractors shall not be made in cash, but

shall be made by means of credits extended over such period as the

Secretary may determine.

(b) In the event payments to the States of Arizona and Nevada, or

either of them, under section 618a(c) of this title, shall be

reduced by reason of the collection of taxes mentioned in said

section, adjustments shall be made, from time to time, with each

allottee which shall have paid any such taxes, by credits or

otherwise, for that proportion of the amount of such reductions

which the amount of the payments of such taxes by such allottee

bears to the total amount of such taxes collected.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 4, 54 Stat. 776.)

-End-

-CITE-

43 USC Sec. 618d 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618d. Readvances from Treasury where Dam Fund is insufficient

to meet cost of replacements

-STATUTE-

If at any time there shall be insufficient sums in the Colorado

River Dam Fund to meet the cost of replacements, however

necessitated, in addition to meeting the other requirements of this

subchapter, or of regulations authorized hereby and promulgated by

the Secretary, the Secretary of the Treasury, upon request of the

Secretary of the Interior, shall readvance to the said fund, in

amounts not exceeding, in the aggregate, moneys repaid to the

Treasury pursuant to section 618a(b) of this title, the amount

required for replacements, however necessitated, in excess of the

amount currently available therefor in said Colorado River Dam

Fund. There is authorized to be appropriated, out of any money in

the Treasury not otherwise appropriated, such sums, not exceeding

said aggregate amount, as may be necessary to permit the Secretary

of the Treasury to make such readvances. All such readvances shall

bear interest.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 5, 54 Stat. 777.)

-MISC1-

READVANCES TO COLORADO RIVER DAM FUND; INTEREST RATE ON READVANCES

Pub. L. 103-316, title II, Aug. 26, 1994, 108 Stat. 1713, which

provided in part that amounts required for replacement work on the

Boulder Canyon Project that would require readvances to the

Colorado River Dam Fund from the total appropriated for operation

and maintenance of reclamation projects were to be so readvanced

pursuant to this section, and that readvances after Oct. 1, 1984,

were to bear a prescribed interest rate, was from the Energy and

Water Development Appropriations Act, 1995, and was not repeated in

subsequent appropriation acts. Similar provisions were contained in

the following prior appropriation acts:

Pub. L. 103-126, title II, Oct. 28, 1993, 107 Stat. 1323.

Pub. L. 102-377, title II, Oct. 2, 1992, 106 Stat. 1328.

Pub. L. 102-104, title II, Aug. 17, 1991, 105 Stat. 523.

Pub. L. 101-514, title II, Nov. 5, 1990, 104 Stat. 2084.

Pub. L. 101-101, title II, Sept. 29, 1989, 103 Stat. 653.

Pub. L. 100-371, title II, July 19, 1988, 102 Stat. 863.

Pub. L. 100-202, Sec. 101(d) [title II], Dec. 22, 1987, 101 Stat.

1329-104, 1329-115.

Pub. L. 99-500, Sec. 101(e) [title II], Oct. 18, 1986, 100 Stat.

1783-194, 1783-201, and Pub. L. 99-591, Sec. 101(e) [title II],

Oct. 30, 1986, 100 Stat. 3341-194, 3341-201.

Pub. L. 99-141, title II, Nov. 1, 1985, 99 Stat. 568.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 618a of this title.

-End-

-CITE-

43 USC Sec. 618e 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618e. Interest payments; rate

-STATUTE-

Whenever by the terms of the Project Act [43 U.S.C. 617 et seq.]

or this subchapter payment of interest is provided for, and

whenever interest shall enter into any computation thereunder, such

interest shall be computed at the rate of 3 per centum per annum,

compounded annually: Provided, That the respective rates of

interest on appropriated funds advanced for the visitor facilities

program, as described in section 619(a) of this title, shall be

determined by the Secretary of the Treasury, taking into

consideration average market yields on outstanding marketable

obligations of the United States with remaining periods to maturity

comparable to the reimbursement period of the program during the

month preceding the fiscal year in which the costs of the program

are incurred. To the extent that more than one interest rate is

determined pursuant to the preceding sentence, the Secretary of the

Treasury shall establish for repayment purposes an interest rate at

a weighted average of the rates so determined.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 6, 54 Stat. 777; Pub. L. 98-381,

title I, Sec. 104(a)(5), Aug. 17, 1984, 98 Stat. 1335.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-381 inserted proviso relating to rates of

interest on appropriated funds advanced for visitors' facilities

program.

-End-

-CITE-

43 USC Sec. 618f 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618f. Repayment of advances for flood control

-STATUTE-

The first $25,000,000 of advances made to the Colorado River Dam

Fund for the project shall be deemed to be the sum allocated to

flood control by section 617a(b) of this title and repayment

thereof shall be deferred without interest until June 1, 1987,

after which time such advances so allocated to flood control shall

be repayable to the Treasury as the Congress shall determine.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 7, 54 Stat. 777.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 618 of this title.

-End-

-CITE-

43 USC Sec. 618g 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618g. Regulations; contracts; modification of allotments of

energy

-STATUTE-

The Secretary is authorized from time to time to promulgate such

regulations and enter into such contracts as he may find necessary

or appropriate for carrying out the purposes of this subchapter and

the Project Act [43 U.S.C. 617 et seq.], as modified hereby, and,

by mutual consent, to terminate or modify any such contract:

Provided, however, That no allotment of energy to any allottee made

by any rule or regulation heretofore promulgated shall be modified

or changed without the consent of such allottee.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 8, 54 Stat. 777.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

-End-

-CITE-

43 USC Sec. 618h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618h. Termination of existing lease of Hoover Power Plant;

lessees as agents of United States; termination of agency

-STATUTE-

The Secretary is authorized to negotiate for and enter into a

contract for the termination of the existing lease of the Hoover

Power Plant made pursuant to the Project Act [43 U.S.C. 617 et

seq.], and in the event of such termination the operation and

maintenance, and the making of replacements, however necessitated,

of the Hoover Power Plant by the United States, directly or through

such agent or agents as the Secretary may designate, is authorized.

The powers, duties, and rights of such agent or agents shall be

provided by contract, which may include provision that questions

relating to the interpretation or performance thereof may be

determined, to the extent provided therein, by arbitration or court

proceedings. The Secretary in consideration of such termination of

such existing lease is authorized to agree (a) that the lessees

therein named shall be designated as the agents of the United

States for the operation of said power plant; (b) that (except by

mutual consent or in accordance with such provisions for

termination for default as may be specified therein) such agency

contract shall not be revocable or terminable; and (c) that suits

or proceedings to restrain the termination of any such agency

contract, otherwise than as therein provided, or for other

appropriate equitable relief or remedies, may be maintained against

the Secretary. Suits or other court proceedings pursuant to the

foregoing provisions may be maintained in, and jurisdiction to hear

and determine such suits or proceedings and to grant such relief or

remedies is conferred upon, the United States District Court for

the District of Columbia, with the like right of appeal or review

as in other like suits or proceedings in said court. The Secretary

is authorized to act for the United States in such arbitration

proceedings.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 9, 54 Stat. 777; Apr. 30, 1947, ch.

46, 61 Stat. 56; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991;

May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

-CHANGE-

CHANGE OF NAME

"United States District Court for the District of Columbia"

substituted in text for "the district court of the United States

for the District of Columbia" on authority of act June 25, 1948, as

amended by act May 24, 1949.

"Hoover Power Plant" substituted for "Boulder Power Plant" on

authority of act Apr. 30, 1947, which changed name of Boulder Dam

to Hoover Dam.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618c, 618i of this title.

-End-

-CITE-

43 USC Sec. 618i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618i. Effective date

-STATUTE-

This subchapter shall be effective immediately for the purpose of

the promulgation of charges, or the basis of computation thereof,

and the execution of contracts authorized by the terms of this

subchapter, but neither such charges, nor the basis of computation

thereof, nor any such contract, shall be effective unless and until

this subchapter shall be effective for all purposes. This

subchapter shall take effect for all purposes when, but not before,

the Secretary shall have found that provision has been made for the

termination of the existing lease of the Hoover Power Plant and for

the operation thereof as authorized by section 618h of this title,

and that allottees obligated under contracts in force on July 19,

1940 to pay for at least 90 per centum of the firm energy shall

have entered into contracts (1) consenting to such operation, and

(2) containing such other provisions as the Secretary may deem

necessary or proper for carrying out the purposes of this

subchapter. For purposes of this section such 90 per centum shall

be computed as of the end of the absorption periods provided for in

regulations heretofore promulgated by the Secretary and in effect

on July 19, 1940.

If contracts in accordance with the requirements of this section

shall not have been entered into prior to June 1, 1941, this

subchapter shall cease to be operative and shall be of no further

force or effect.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 10, 54 Stat. 778; Apr. 30, 1947, ch.

46, 61 Stat. 56.)

-CHANGE-

CHANGE OF NAME

"Hoover Power Plant" substituted in text for "Boulder Power

Plant" on authority of act Apr. 30, 1947, which changed name of

Boulder Dam to Hoover Dam.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 618c of this title.

-End-

-CITE-

43 USC Sec. 618j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618j. Effect of refusal to modify existing contracts

-STATUTE-

Any contractor for energy from the project failing or refusing to

execute a contract modifying its existing contract to conform to

this subchapter shall continue to pay the rates and charges

provided for in its existing contract, subject to such periodic

readjustments as are therein provided, in all respects as if this

subchapter had not been passed, and so far as necessary to support

such existing contract all of the provisions of the Project Act [43

U.S.C. 617 et seq.] shall remain in effect, anything in this

subchapter inconsistent therewith notwithstanding.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 11, 54 Stat. 778.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

-End-

-CITE-

43 USC Sec. 618k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618k. Definitions

-STATUTE-

The following terms wherever used in this subchapter shall have

the following respective meanings:

"Project Act" shall mean the Boulder Canyon Project Act [43

U.S.C. 617 et seq.];

"Project" shall mean the works authorized by the Project Act to

be constructed and owned by the United States, exclusive of the

main canal and appurtenances mentioned therein, now known as the

All-American Canal;

"Secretary" shall mean the Secretary of the Interior of the

United States;

"Firm energy" and "allottees" shall have the meaning assigned to

such terms in regulations promulgated before July 19, 1940, by the

Secretary and in effect on July 19, 1940;

"Replacements" shall mean such replacements as may be necessary

to keep the project in good operating condition beginning June 1,

1937, but shall not include (except where used in conjunction with

the word "emergency" or the words "however necessitated")

replacements made necessary by any act of God, or of the public

enemy, or by any major catastrophe; and

"Year of operation" shall mean the period from and including June

1 of any calendar year to and including May 31 of the following

calendar year.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 12, 54 Stat. 778; Pub. L. 98-381,

title I, Sec. 104(a)(6), Aug. 18, 1984, 98 Stat. 1335.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of this chapter. For

complete classification of this Act to the Code, see section 617t

of this title and Tables.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-381 substituted "beginning June 1, 1937" for

"during the period from June 1, 1937, to May 31, 1987, inclusive"

in definition of "Replacements".

-End-

-CITE-

43 USC Sec. 618l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618l. Repealed. Aug. 30, 1954, ch. 1076, Sec. 1(22), 68 Stat.

968

-MISC1-

Section, act July 19, 1940, ch. 643, Sec. 13, 54 Stat. 779,

required Secretary of the Interior to submit an annual financial

statement and report to Congress of operations under this

subchapter.

-End-

-CITE-

43 USC Sec. 618m 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618m. Effect on existing laws and States' rights

-STATUTE-

Nothing in this subchapter shall be construed as interfering with

such rights as the States had on July 19, 1940, either to the

waters within their borders or to adopt such policies and enact

such laws as they deem necessary with respect to the appropriation,

control, and use of waters within their borders, except as modified

by the Colorado River compact or other interstate agreement.

Neither the promulgation of charges, or the basis of charges, nor

anything contained in this subchapter, or done thereunder, shall in

anywise affect, limit, or prejudice any right of any State in or to

the waters of the Colorado River system under the Colorado River

compact. Sections 13(b), 13(c), and 13(d) of the Project Act [43

U.S.C. 617l(b), (c), and (d)] and all other provisions of said

Project Act [43 U.S.C. 617 et seq.] not inconsistent with the terms

of this subchapter shall remain in full force and effect.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 14, 54 Stat. 779.)

-REFTEXT-

REFERENCES IN TEXT

The Project Act, referred to in text, is defined in section 618k

of this title.

-End-

-CITE-

43 USC Sec. 618n 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618n. Wages of employees

-STATUTE-

All laborers and mechanics employed in the construction of any

part of the project, or in the operation, maintenance, or

replacement of any part of the Hoover Dam, shall be paid not less

than the prevailing rate of wages or compensation for work of a

similar nature prevailing in the locality of the project. In the

event any dispute arises as to what are the prevailing rates, the

determination thereof shall be made by the Secretary of the

Interior, and his decision, subject to the concurrence of the

Secretary of Labor, shall be final.

-SOURCE-

(July 19, 1940, ch. 643, Sec. 15, 54 Stat. 779; Apr. 30, 1947, ch.

46, 61 Stat. 56.)

-CHANGE-

CHANGE OF NAME

"Hoover Dam" substituted in text for "Boulder Dam" on authority

of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover

Dam.

-End-

-CITE-

43 USC Sec. 618o 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618o. Short title

-STATUTE-

This subchapter may be cited as "Boulder Canyon Project

Adjustment Act".

-SOURCE-

(July 19, 1940, ch. 643, Sec. 16, 54 Stat. 779.)

-End-

-CITE-

43 USC Sec. 618p 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER II - BOULDER CANYON PROJECT ADJUSTMENT ACT

-HEAD-

Sec. 618p. Omitted

-COD-

CODIFICATION

Section, act Oct. 12, 1949, ch. 680, title I, Sec. 101, in part,

63 Stat. 784, related to reports to Congressional appropriations

committees on Colorado River dam funds, was from the Interior

Department Appropriation Act, 1950, and was not repeated in

subsequent appropriation acts. Similar provisions were contained in

act June 29, 1948, ch. 754, Sec. 1, 62 Stat. 1130.

-End-

-CITE-

43 USC SUBCHAPTER III - HOOVER DAM CONTRACTS AND

FACILITIES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-End-

-CITE-

43 USC Sec. 619 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-

Sec. 619. Increase in capacity of existing generating equipment at

Hoover Powerplant; construction of Colorado River bridge crossing

-STATUTE-

(a) Hoover Powerplant generating equipment; increase in capacity;

improvement of appurtenances; authorization of Secretary

The Secretary of the Interior is authorized to increase the

capacity of existing generating equipment and appurtenances at

Hoover Powerplant (hereinafter in this subchapter referred to as

"uprating program"); and to improve parking, visitor facilities,

and roadways and to provide additional elevators, and other

facilities that will contribute to the safety and sufficiency of

visitor access to Hoover Dam and Powerplant (hereinafter in this

subchapter referred to as "visitor facilities program").

(b) Construction of Colorado River bridge crossing; authorization

of Secretary

The Secretary of the Interior is authorized to construct a

Colorado River bridge crossing, including suitable approach spans,

immediately downstream from Hoover Dam for the purpose of

alleviating traffic congestion and reducing safety hazards. This

bridge shall not be a part of the Boulder Canyon project and shall

neither be funded nor repaid from the Colorado River Dam Fund or

the Lower Colorado River Basin Development Fund.

-SOURCE-

(Pub. L. 98-381, title I, Sec. 101, Aug. 17, 1984, 98 Stat. 1333.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, was in the original "this Act", meaning Pub. L.

98-381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter

and sections 7274 and 7275 of Title 42, The Public Health and

Welfare, and amended sections 617a, 617b, 618, 618a, 618e, 618k,

and 1543 of this title. For complete classification of this Act to

the Code, see Short Title note below and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 98-381 provided that: "This Act [enacting

this subchapter, provisions set out as notes under sections 617 and

618 of this title and section 839b of Title 16, Conservation,

sections 7274 and 7275 and provisions set out as a note under

section 7133 of Title 42, The Public Health and Welfare, and

amending sections 617a, 617b, 618, 618a, 618e, 618k, and 1543 of

this title] may be cited as the 'Hoover Power Plant Act of 1984'."

HOOVER DAM MISCELLANEOUS SALES

Pub. L. 106-461, Nov. 7, 2000, 114 Stat. 1989, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Hoover Dam Miscellaneous Sales

Act'.

"SEC. 2. FINDINGS.

"Congress finds that -

"(1) the sale and distribution of general public information

about the use of public land and water areas for recreation,

fish, wildlife, and other purposes serve significant public

benefits;

"(2) publications and other materials educate the public and

provide general information about Bureau of Reclamation programs

and projects;

"(3) in 1997, more than 1,000,000 visitors, including 300,000

from foreign countries, toured the Hoover Dam;

"(4) hundreds of thousands of additional visitors stopped to

view the dam;

"(5) visitors often ask to purchase maps, publications, and

other items to enhance their experience or serve educational

purposes;

"(6) in many cases the Bureau of Reclamation is the sole source

of those items;

"(7) the Bureau is in a unique position to fulfill public

requests for those items; and

"(8) as a public agency, the Bureau should be responsive to the

public by having appropriate items available for sale.

"SEC. 3. PURPOSES.

"The purposes of this Act are -

"(1) to authorize the Secretary of the Interior to offer for

sale to members of the public that visit the Hoover Dam Visitor

Center educational materials and memorabilia; and

"(2) to use revenue from those sales to repay the costs

relating to construction of the Hoover Dam Visitor Center.

"SEC. 4. AUTHORITY TO CONDUCT SALES.

"With respect to the Hoover Dam, the Secretary of the Interior,

acting through the Commissioner of Reclamation, may -

"(1) conduct sales of -

"(A) materials generated by the Bureau of Reclamation such as

posters, maps, brochures, photographs, and similar

publications, videotapes, and computer information discs that

are related to programs or projects of the Bureau; and

"(B) memorabilia and other commemorative items that depict

programs or projects of the Bureau;

"(2) convert unneeded property or scrap material into Bureau

memorabilia for sale purposes; and

"(3) enter into agreements with nonprofit organizations, other

Federal agencies, State and local governments, and commercial

entities for -

"(A) the production or sale of items described in paragraphs

(1) and (2); and

"(B) the sale of publications described in paragraph (1).

"SEC. 5. COSTS AND REVENUES.

"(a) Costs. - All costs incurred by the Bureau of Reclamation

under this Act shall be paid from the Colorado River Dam fund

established by section 2 of the Act of December 21, 1928 (43 U.S.C.

617a).

"(b) Revenues. -

"(1) Use for repayment of sales costs. - All revenues collected

by the Bureau of Reclamation under this Act shall be credited to

the Colorado River Dam fund to remain available, without further

Act of appropriation, to pay costs associated with the production

and sale of items in accordance with section 4.

"(2) Use for repayment of construction costs. - All revenues

collected by the Bureau of Reclamation under this Act that are

not needed to pay costs described in paragraph (1) shall be

transferred annually to the general fund of the Treasury in

repayment of costs relating to construction of the Hoover Dam

Visitor Center."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 618e, 619a, 619b of this

title.

-End-

-CITE-

43 USC Sec. 619a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-

Sec. 619a. Renewal contracts for power

-STATUTE-

(a) Offering of contracts by Secretary; total power obligation;

conforming of regulations; contract expiration and restrictions

(1) The Secretary of Energy shall offer:

(A) To each contractor for power generated at Hoover Dam a

renewal contract for delivery commencing June 1, 1987, of the

amount of capacity and firm energy specified for that contractor in

the following table:

SCHEDULE A

LONG TERM CONTINGENT CAPACITY AND ASSOCIATED FIRM ENERGY RESERVED

FOR RENEWAL CONTRACT OFFERS TO CURRENT BOULDER CANYON PROJECT

CONTRACTORS

--------------------------------------------------------------------

Contractor Contingent Firm energy Total

(thousands of

capacity kWh)

(kW)

Summer Winter

--------------------------------------------------------------------

Metropolitan 247,500 904,382 387,592 1,291,974

Water District

of Southern

California

City of Los 490,875 488,535 209,658 698,193

Angeles

Southern 277,500 175,486 75,208 250,694

California

Edison Company

City of 18,000 47,398 20,313 67,711

Glendale

City of 11,000 40,655 17,424 58,079

Pasadena

City of Burbank 5,125 14,811 6,347 21,158

Arizona Power 189,000 452,192 193,797 645,989

Authority

Colorado River 189,000 452,192 193,797 645,989

Commission of

Nevada

United States, 20,000 56,000 24,000 80,000

for Boulder

City

Totals 1,448,000 2,631,651 1,128,136 3,759,787

--------------------------------------------------------------------

(B) To purchasers in the States of Arizona, Nevada and California

eligible to enter into such contracts under section 5 of the

Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery

commencing June 1, 1987, or as it thereafter becomes available, of

capacity resulting from the uprating program and for delivery

commencing June 1, 1987, of associated firm energy as specified in

the following table:

SCHEDULE B

CONTINGENT CAPACITY RESULTING FROM THE UPRATING PROGRAM AND

ASSOCIATED FIRM ENERGY

--------------------------------------------------------------------

State Contingent Firm energy (thousands of kWh)

capacity

(kW)

Summer Winter Total

--------------------------------------------------------------------

Arizona 188,000 148,000 64,000 212,000

California 127,000 99,850 43,364 143,214

Nevada 188,000 288,000 124,000 412,000

--------------------------------------------------------

Totals 503,000 535,850 231,364 767,214

--------------------------------------------------------------------

Provided, however, That in the case of Arizona and Nevada, such

contracts shall be offered to the Arizona Power Authority and the

Colorado River Commission of Nevada, respectively, as the agency

specified by State law as the agent of such State for purchasing

power from the Boulder Canyon project: Provided further, That in

the case of California, no such contract under this subparagraph

(B) shall be offered to any purchaser who is offered a contract for

capacity exceeding 20,000 kilowatts under subparagraph (A) of this

paragraph.

(C) To the Arizona Power Authority and the Colorado River

Commission of Nevada and to purchasers in the State of California

eligible to enter into such contracts under section 5 of the

Boulder Canyon Project Act [43 U.S.C. 617d], contracts for delivery

commencing June 1, 1987, of such energy generated at Hoover Dam as

is available respectively to the States of Arizona, Nevada, and

California in excess of 4,501.001 million kilowatthours in any year

of operation (hereinafter called excess energy) in accordance with

the following table:

SCHEDULE C

EXCESS ENERGY

--------------------------------------------------------------------

Priority of entitlement to excess energy State

--------------------------------------------------------------------

First: Meeting Arizona's first priority right to Arizona

delivery of excess energy which is equal in each

year of operation to 200 million kilowatthours:

Provided, however, That in the event excess energy

in the amount of 200 million kilowatthours is not

generated during any year of operation, Arizona

shall accumulate a first right to delivery of

excess energy subsequently generated in an amount

not to exceed 600 million kilowatthours, inclusive

of the current year's 200 million kilowatthours.

Said first right of delivery shall accrue at a

rate of 200 million kilowatthours per year for

each year excess energy in the amount of 200

million kilowatthours is not generated, less

amounts of excess energy delivered

Second: Meeting Hoover Dam contractual obligations .......

under schedule A of subsection (a)(1)(A) of this .............

section and under schedule B of subsection

(a)(1)(B) of this section not exceeding 26 million

kilowatthours in each year of operation

Third: Meeting the energy requirements of the Arizona,

three States, such available excess energy to be Nevada,

divided equally among the States California

--------------------------------------------------------------------

(2) The total obligation of the Secretary of Energy to deliver

firm energy pursuant to schedule A of subsection (a)(1)(A) of this

section and schedule B of subsection (a)(1)(B) of this section is

4,527.001 million kilowatthours in each year of operation. To the

extent that the actual generation at Hoover Powerplant in any year

of operation (less deliveries thereof to Arizona required by its

first priority under schedule C of subsection (a)(1)(C) of this

section whenever actual generation in any year of operation is in

excess of 4,501.001 million kilowatthours) is less than 4,527.001

million kilowatthours, such deficiency shall be borne by the

holders of contracts under said schedules A and B in the ratio that

the sum of the quantities of firm energy to which each contractor

is entitled pursuant to said schedules bears to 4,527.001 million

kilowatthours. At the request of any such contractor, the Secretary

of Energy will purchase energy to meet that contractor's deficiency

at such contractor's expense.

(3) Subdivision E of the "General Consolidated Power Marketing

Criteria or Regulations for Boulder City Area Projects" published

in the Federal Register May 9, 1983 (48 Federal Register commencing

at 20881), hereinafter referred to as the "Criteria" or as the

"Regulations" shall be deemed to have been modified to conform to

this section. The Secretary of Energy shall cause to be included in

the Federal Register a notice conforming the text of said

Regulations to such modifications.

(4) Each contract offered under subsection (a)(1) of this section

shall:

(A) expire September 30, 2017;

(B) not restrict use to which the capacity and energy

contracted for by the Metropolitan Water District of Southern

California may be placed within the State of California:

Provided, That to the extent practicable and consistent with

sound water management and conservation practice, the

Metropolitan Water District of Southern California shall use such

capacity and energy to pump available Colorado River water prior

to using such capacity and energy to pump California State water

project water; and

(C) conform to the applicable provisions of subdivison (!1) E

of the Criteria, commencing at 48 Federal Register 20881,

modified as provided in this section. To the extent that said

provisions of the Criteria, as so modified, are applicable to

contracts entered into under this section, those provisions are

hereby ratified.

(b) Prejudice of rights of contract holders under Boulder Canyon

Project Act

Nothing in the Criteria shall be construed to prejudice any

rights conferred by the Boulder Canyon Project Act, as amended and

supplemented [43 U.S.C. 617 et seq.], on the holder of a contract

described in subsection (a) of this section not in default

thereunder on September 30, 2017.

(c) Execution of contract with parties to certain litigation; offer

of contract to other entities

(1) The Secretary of Energy shall not execute a contract

described in subsection (a)(1)(A) of this section with any entity

which is a party to the action entitled the "State of Nevada, et

al. against the United States of America, et al." in the United

States District Court for the District of Nevada, case numbered CV

LV '82 441 RDF, unless that entity agrees to file in that action a

stipulation for voluntary dismissal with prejudice of its claims,

or counterclaims, or crossclaims, as the case may be, and also

agrees to file with the Secretary a document releasing the United

States, its officers and agents, and all other parties to that

action who join in that stipulation from any claims arising out of

the disposition under this section of capacity and energy from the

Boulder Canyon project. The Attorney General shall join on behalf

of the United States, its officers and agents, in any such

voluntary dismissal and shall have the authority to approve on

behalf of the United States the form of each release.

(2) If after a reasonable period of time as determined by the

Secretary, the Secretary is precluded from executing a contract

with an entity by reason of paragraph (1) of this subsection, the

Secretary shall offer the capacity and energy thus available to

other entities in the same State eligible to enter into such

contracts under section 5 of the Boulder Canyon Project Act [43

U.S.C. 617d].

(d) Funding of uprating program

The uprating program authorized under section 619(a) of this

title shall be undertaken with funds advanced under contracts made

with the Secretary of the Interior by non-Federal purchasers

described in subsection (a)(1)(B) of this section. Funding provided

by non-Federal purchasers shall be advanced to the Secretary of the

Interior pursuant to the terms and conditions of such contracts.

(e) Deposit of uprating program funds in Colorado River Dam Fund

Notwithstanding any other provisions of the law, funds advanced

by non-Federal purchasers for use in the uprating program shall be

deposited in the Colorado River Dam Fund and shall be available for

the uprating program.

(f) Amounts advanced by non-Federal purchasers; financial

integration as capital costs

Those amounts advanced by non-Federal purchasers shall be

financially integrated as capital costs with other project costs

for rate-setting purposes, and shall be returned to those

purchasers advancing funds throughout the contract period through

credits which include interest costs incurred by such purchasers

for funds contributed to the Secretary of the Interior for the

uprating program.

(g) Congressional exercise of reserved right

The provisions of this section constitute an exercise by the

Congress of the right reserved by it in section 5(b) of the Boulder

Canyon Project Act, as amended and supplemented [43 U.S.C.

617d(b)], to prescribe terms and conditions for the renewal of

contracts for electrical energy generated at Hoover Dam. This

section constitutes the exclusive method for disposing of capacity

and energy from Hoover Dam for the period beginning June 1, 1987,

and ending September 30, 2017.

(h) Court challenges; disputes and disagreements

(1) Notwithstanding any other provision of law, any claim that

the provisions of subsection (a) of this section violates any

rights to capacity or energy from the Boulder Canyon project is

barred unless the complaint is filed within one year after August

17, 1984, in the United States Court of Federal Claims which shall

have exclusive jurisdiction over this action. Any claim that

actions taken by any administrative agency of the United States

violates any right under this subchapter or the Boulder Canyon

Project Act [43 U.S.C. 617 et seq.] or the Boulder Canyon Project

Adjustment Act [43 U.S.C. 618 et seq.] is barred unless suit

asserting such claim is filed in a Federal court of competent

jurisdiction within one year after final refusal of such agency to

correct the action complained of.

(2) Any contract entered into pursuant to this section or section

107 of this Act [42 U.S.C. 7133 note] shall contain provisions by

which any dispute or disagreement as to interpretation or

performance of the provisions of this subchapter or of applicable

regulations or of the contract may be determined by arbitration or

court proceedings. The Secretary of Energy or the Secretary of the

Interior, as the case may be, if authorized to act for the United

States in such arbitration or court proceedings and, except as

provided in paragraph (1) of this subsection, jurisdiction is

conferred upon any district court of the United States of proper

venue to determine the dispute.

(i) Congressional declaration of purpose

It is the purpose of subsections (c), (g), and (h) of this

section to ensure that the rights of contractors for capacity and

energy from the Boulder Canyon project for the period beginning

June 1, 1987, and ending September 30, 2017, will vest with

certainty and finality.

-SOURCE-

(Pub. L. 98-381, title I, Sec. 105, Aug. 17, 1984, 98 Stat. 1335;

Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.

4516.)

-REFTEXT-

REFERENCES IN TEXT

The Boulder Canyon Project Act, referred to in subsecs. (b) and

(h)(1), is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended,

which is classified generally to subchapter I (Sec. 617 et seq.) of

this chapter. For complete classification of this Act to the Code,

see section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in subsec.

(h)(1), is act July 19, 1940, ch. 643, 54 Stat. 774, as amended,

which is classified generally to subchapter II (Sec. 618 et seq.)

of this chapter. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

Section 107 of this Act, referred to in subsec. (h)(2), is

section 107 of Pub. L. 98-381, which is set out as a note under

section 7133 of Title 42, The Public Health and Welfare.

This subchapter, was in the original "this Act", meaning Pub. L.

98-381, Aug. 17, 1984, 98 Stat. 1333, which enacted this subchapter

and sections 7274 and 7275 of Title 42, and amended sections 617a,

617b, 618, 618a, 618e, 618k, and 1543 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 619 of this title and Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (h)(1). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of

Title 28, Judiciary and Judicial Procedure.

-FOOTNOTE-

(!1) So in original. Probably should be "subdivision".

-End-

-CITE-

43 USC Sec. 619b 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 12A - BOULDER CANYON PROJECT

SUBCHAPTER III - HOOVER DAM CONTRACTS AND FACILITIES

-HEAD-

Sec. 619b. Reimbursement of funds advanced by non-Federal

purchasers; uprating program; repayment requirement; visitor

facilities program

-STATUTE-

Reimbursement of funds advanced by non-Federal purchasers for the

uprating program shall be a repayment requirement of the Boulder

Canyon project beginning with the first day of the month following

completion of each segment thereof. The cost of the visitor

facilities program as defined in section 619(a) of this title shall

become a repayment requirement beginning June 1, 1987, or when

substantially completed, as determined by the Secretary of the

Interior, if later.

-SOURCE-

(Pub. L. 98-381, title I, Sec. 106, Aug. 17, 1984, 98 Stat. 1339.)

-End-