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43 U.S.C. § 618i — Effective date

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

43 U.S.C. § 618i — Effective date

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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618h&num=0&edition=prelim), 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.

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Source location: Title 43, Chapter 12A, § 618i; chapter-12a-boulder-canyon-project.md

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

43 U.S.C. § 618h — Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency

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

43 U.S.C. § 618c — Charges as retroactive; adjustment of accounts

**(a)** Upon the taking effect of this subchapter, pursuant to [section 618i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618i&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618h&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section618a/c&num=0&edition=prelim), 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.

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

43 U.S.C. § 618i — Effective date

Page 221 TITLE 43—PUBLIC LANDS § 618j to any allottee made by any rule or regulation heretofore promulgated shall be modified or changed without the consent of such allottee. (July 19, 1940, ch. 643, § 8, 54 Stat. 777.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. § 618h. Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency 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, di- rectly 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 ex- isting 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 rev- ocable or terminable; and (c) that suits or pro- ceedings to restrain the termination of any such agency contract, otherwise than as therein pro- vided, or for other appropriate equitable

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