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43 U.S.C. § 618a — Receipts from project; disposition

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43 U.S.C. § 618a — Receipts from project; disposition

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Source file: Laws/federal/codes/united-states-code/title-43/section-618a-receipts-from-project-disposition--9cc5677607.md
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Source location: Title 43, Chapter 12A, § 618a; chapter-12a-boulder-canyon-project.md

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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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618b&num=0&edition=prelim). **(d) Transfer of sums to Colorado River Development Fund; expenditure of fund** Transfer, 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), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618b&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1541&num=0&edition=prelim) et seq.], of the revenues referred to in [section 618(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618/e&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 618k — Definitions

The following terms wherever used in this subchapter shall have the following respective meanings:

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43 U.S.C. § 1501 — Congressional declaration of purpose and policy

**(a)** It is the object of this chapter to provide a program for the further comprehensive development of the water resources of the Colorado River Basin and for the provision of additional and adequate water supplies for use in the upper as well as in the lower Colorado River Basin. This program is declared to be for the purposes, among others, of regulating the flow of the Colorado River; controlling floods; improving navigation; providing for the storage and delivery of the waters of the Colorado River for reclamation of lands, including supplemental water supplies, and for municipal, industrial, and other beneficial purposes; improving water quality; providing for basic public outdoor recreation facilities; improving conditions for fish and wildlife, and the generation and sale of electrical power as an incident of the foregoing purposes. **(b)** It is the policy of the Congress that the Secretary of the Interior (hereinafter referred to the “Secretary”) shall continue to develop, after consultation with affected States and appropriate Federal agencies, a regional water plan, consistent with the provisions of this chapter and with future authorizations, to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed with proper timing to the end that an adequate supply of water may be made available for such projects, whether heretofore, herein, or hereafter authorized.

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43 U.S.C. § 1541 — Allocation of costs; repayment

Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall allocate the total costs of constructing said unit or features to (1) commercial power, (2) irrigation, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water quality control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal reclamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows available for use in the United States occasioned by compliance with the Mexican Water Treaty (including losses in transit, evaporation from regulatory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transportation, storage, and delivery of water in discharge of the obligations of that treaty) shall be nonreimbursable: Provided, That the nonreimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is augmented pursuant to the investigations authorized subchapter II of this chapter and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wildlife enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [[16 U.S.C. 460](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-sect

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43 U.S.C. § 617 — Colorado River Basin; protection and development; dam, reservoir, and incidental works; water, water power, and electrical energy; eminent domain

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

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43 U.S.C. § 618b — Reduction of payments and transfers where revenue is insufficient

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.

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43 U.S.C. § 618d — Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/b&num=0&edition=prelim), 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.

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16 U.S.C. § 6813 — Relation to other laws and fee collection authorities

**(a) Federal and State laws unaffected** Nothing in this chapter shall authorize Federal hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation, affect any rights or authority of the States with respect to fish and wildlife, or repeal or modify any provision of law that permits States or political subdivisions of States to share in the revenues from Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that provision of law. **(b) Relation to revenue allocation laws** Amounts collected under this chapter, and the existence of a fee management agreement with a governmental entity under [section 6805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6805/a&num=0&edition=prelim), may not be taken into account for the purposes of any of the following laws: (1) The sixth paragraph under the heading “Forest service” in the Act of May 23, 1908 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim)). (2) Section 13 of the Act of March 1, 1911 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim); commonly known as the Weeks Act). (3) The fourteenth paragraph under the heading “Forest service” in the Act of March 4, 1913 ([16 U.S.C. 501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section501&num=0&edition=prelim)). (4) [Section 1012 of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1012&num=0&edition=prelim). (5)

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43 U.S.C. § 1597 — Construction of provisions of subchapter

Except as provided in sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title, with respect to the Colorado River Basin Project Act [[43 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1501&num=0&edition=prelim) et seq.] and the Colorado River Storage Project Act [[43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim) et seq.], respectively, nothing in this subchapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.], Boulder Canyon Project Adjustment Act (54 Stat. 774; [43 U.S.C. 618a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a&num=0&edition=prelim)) [[43 U.S.C. 618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618&num=0&edition=prelim) et seq.], section 15 of the Colorado River Storage Project Act (70 Stat. 111; [43 U.S.C. 620n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620n&num=0&edition=prelim)), the Colorado River Basin Project Act (82 Stat. 885), section 6 of the Fryingpan-Arkansas Project Act (76 Stat. 393) [[43 U.S.C. 616e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section616e&num=0&edition=prelim)], se

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43 U.S.C. § 1600g — Priority of laws

Nothing contained in this chapter shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 944, 59 Stat. 1219), the Flood Control Act of 1944 (58 Stat. 887), the decree entered by the Supreme Court of the United States in Arizona v. California, and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [[43 U.S.C. 617](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section617&num=0&edition=prelim) et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774; [43 U.S.C. 618a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a&num=0&edition=prelim)) [[43 U.S.C. 618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618&num=0&edition=prelim) et seq.], the Colorado River Storage Project Act (70 Stat. 105; [43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim)) [[43 U.S.C. 620](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620&num=0&edition=prelim) et seq.], the Colorado River Basin Project Act (82 Stat. 885; [43 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1501&num=0&edition=prelim)) [[43 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1501&num=0&edition=prelim) et seq.]. Furthermore, nothing contained in this chapter shall be construed as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a political subdivisi

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43 U.S.C. § 620d–1 — Reimbursement of Fund from Colorado River Development Fund; operation of Hoover Dam

The Upper Colorado River Basin Fund established under [section 620d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section620d&num=0&edition=prelim) shall be reimbursed from the Colorado River Development Fund established by [section 618a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a&num=0&edition=prelim) for the money expended heretofore or hereafter from the Upper Colorado River Basin Fund to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River storage project pursuant to the criteria for the filling of Glen Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this purpose, $500,000 for each year of operation of Hoover Dam and powerplant, commencing with fiscal year 1970, shall be transferred from the Colorado River Development Fund to the Upper Colorado River Basin Fund, in lieu of application of said amounts to the purposes stated in [section 618a(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/d&num=0&edition=prelim), until such reimbursement is accomplished. To the extent that any deficiency in such reimbursement remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado River Basin Fund from the Lower Colorado River Basin Development Fund, as provided in [section 1543(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1543/g&num=0&edition=prelim).

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