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43 U.S.C. § 618b — Reduction of payments and transfers where revenue is insufficient
Federal law — U.S. Code and appendices · legal_authorities
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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Source file: Laws/federal/codes/united-states-code/title-43/section-618b-reduction-of-payments-and-transfers-where-revenue-is-insufficient--3ac9cc6fa4.md
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Source location: Title 43, Chapter 12A, § 618b; chapter-12a-boulder-canyon-project.md
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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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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
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. § 618b
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