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43 U.S.C. § 618k — Definitions
Federal law — U.S. Code and appendices · legal_authorities
The following terms wherever used in this subchapter shall have the following respective meanings:
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Source location: Title 43, Chapter 12A, § 618k; chapter-12a-boulder-canyon-project.md
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The following terms wherever used in this subchapter shall have the following respective meanings:
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Federal law — U.S. Code and appendices · legal_authorities
The short title of this subchapter shall be “Boulder Canyon Project Act.”
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Federal law — U.S. Code and appendices · legal_authorities
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) hereof), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617a/b&num=0&edition=prelim)]), and any readvances made to said fund under [section 618d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618d&num=0&edition=prelim); and
**(c) Commutation payments to Arizona and Nevada** Payment subject to the provisions of [section 618b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618b&num=0&edition=prelim), 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617c/b&num=0&edition=prelim)] 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
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Federal law — U.S. Code and appendices · legal_authorities
Whenever by the terms of the Project Act [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section619/a&num=0&edition=prelim), 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: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618e
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618g
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.] shall remain in effect, anything in this subchapter inconsistent therewith notwithstanding.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618j
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Federal law — U.S. Code and appendices · legal_authorities
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. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim)l(b), (c), and (d)] and all other provisions of said Project Act [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.] not inconsistent with the terms of this subchapter shall remain in full force and effect.
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Federal law — U.S. Code and appendices · legal_authorities
Page 222
TITLE 43—PUBLIC LANDS
§ 618k
§ 618k. Definitions
The following terms wherever used in this sub-
chapter 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 Sec-
retary and in effect on July 19, 1940;
‘‘Replacements’’ shall mean such replace-
ments 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 pub-
lic 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 cal-
endar year.
(July 19, 1940, ch. 643, § 12, 54 Stat. 778; Pub. L.
98–381, title I, § 104(a)(6), Aug. 18, 1984, 98 Stat.
1335.)
Editorial Notes
REFERENCES IN TEXT
The Boulder Canyon Project Act, referred to in text,
is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classi-
fied generally to subchapter I (§ 617 et seq.) of this chap-
ter. For complete classification of this Act to the Code,
see section 617t of this title and Tables.
AMENDMENTS
1984—Pub. L. 98–381 substituted ‘‘beginning June 1,
1937’’ for ‘‘during the period from June 1, 1
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 618k
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