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43 U.S.C. § 618h — Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency
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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Source file: Laws/federal/codes/united-states-code/title-43/section-618h-termination-of-existing-lease-of-hoover-power-plant-lessees-as-agents-of--e6b923b1a1.md
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Source location: Title 43, Chapter 12A, § 618h; chapter-12a-boulder-canyon-project.md
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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 suits or proceedings in said court. The Secretary is authorized to act for the United States in such arbitration proceedings.
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Federal law — U.S. Code and appendices · legal_authorities
The following terms wherever used in this subchapter shall have the following respective meanings:
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618k
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 617
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618c
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618i
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Federal law — U.S. Code and appendices · legal_authorities
Page 209
TITLE 43—PUBLIC LANDS
§ 617
Sec.
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; construc-
tion of Colorado River bridge crossing.
619a.
Renewal contracts for power.
619b.
Reimbursement of funds advanced by non-
Federal purchasers; uprating program; re-
payment requirement; visitor facilities pro-
gram.
Statutory Notes and Related Subsidiaries
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 in-
creased 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) [sub-
chapter 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, relat-
ing to the utilization of the waters of the Colorado and
Tijuana Rivers and of the Rio Grande from Fort
Quitman, Texas, to th
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 617
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 618h
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.