Legislación
US (United States) Code. Title 43. Chapter 12A: Boulder Canyon Project
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43 USC CHAPTER 12A - BOULDER CANYON PROJECT 01/06/03
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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."
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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.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 617e of this title.
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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.
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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-
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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-
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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-
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