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43 U.S.C. § 618c — Charges as retroactive; adjustment of accounts
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.
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Source file: Laws/federal/codes/united-states-code/title-43/section-618c-charges-as-retroactive-adjustment-of-accounts--24d8add029.md
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Source location: Title 43, Chapter 12A, § 618c; chapter-12a-boulder-canyon-project.md
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**(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
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
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 618h
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Federal law — U.S. Code and appendices · legal_authorities
Page 219
TITLE 43—PUBLIC LANDS
§ 618c
propriated only for the investigation and con-
struction 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 utiliza-
tion 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 oper-
ation ending in 1956 to 1987, inclusive, are au-
thorized 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 re-
spective 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 fea-
sible, 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 in-
vestigation 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 618
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 618c
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