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

Page 218 TITLE 43—PUBLIC LANDS § 618a title], the Boulder Canyon Project Adjustment Act of 1940 (54 Stat. 774, as amended, 43 U.S.C. 618), as amended and supplemented [this subchapter], shall remain in full force and effect.’’ § 618a. Receipts from project; disposition All receipts from the project shall be paid into the Colorado River Dam Fund and shall be avail- able, without further appropriation, for: (a) Defraying operating expenses Defraying the costs of operation (including purchase of supplemental energy to meet tem- porary 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 (exclud- ing the amount allocated to flood control by section 2(b) of the Project Act [43 U.S.C. 617a(b)]), and any readvances made to said fund under section 618d of this title; and (c) Commutation payments to Arizona and Ne- vada Payment subject to the provisions of section 618b of this title, in commutation of the pay- ments now provided for the States of Arizona and Nevada in section 4(b) of the Project Act [43 U.S.C. 617c(b)] 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 in- cluding the year of operation ending May 31, 1987, and such payments for any year of oper- ation 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 sub- chapter 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 pay- ments 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 lev- ied and collected by or under authority of Ari- zona or Nevada or by any lawful taxing political subdivision thereof, taxes upon— (i) the project as herein defined; (ii) the electrical energy generated at Hoo- ver 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 trans- forming such electrical energy or of use of such facilities, machinery, or equipment or of falling water for such generation or trans- forming; or (iv) the transmission or control of such elec- trical energy so generated or transformed (as distinguished from the transmission lines and other physical properties used for such trans- mission or control) or the use of such trans- mission 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 col- lected 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 po- litical 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 belong- ing to any of the lessees and/or allottees under the Project Act [43 U.S.C. 617 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 et seq.] shall be deducted from the first payment or payments to said State au- thorized by this subchapter. Payments under this subsection shall be deemed contractual ob- ligations of the United States, subject to the provisions of section 618b of this title. (d) Transfer of sums to Colorado River Develop- ment Fund; expenditure of fund Transfer, subject to the provisions of section 618b of this title, from the Colorado River Dam Fund to a special fund in the Treasury, estab- lished and designated the ‘‘Colorado River De- velopment 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 oper- ation 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 ex- peditiously 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, 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 in- vestigations by the Bureau of Reclamation for the formulation of a comprehensive plan for the utilization of waters of the Colorado River sys- tem for irrigation, electrical power, and other purposes, in the States of the upper division and the States of the lower division, including stud- ies 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 op- eration ending in 1955 are authorized to be ap- 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 618b of this title. (e) Transfer to Lower Colorado River Basin De- velopment 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 et seq.], of the revenues referred to in section 618(e) of this title. (July 19, 1940, ch. 643, § 2, 54 Stat. 774; Apr. 30, 1947, ch. 46, 61 Stat. 56; May 14, 1948, ch. 292, 62 Stat. 235; June 1, 1948, ch. 364, § 1, 62 Stat. 284; Pub. L. 98–381, title I, § 104(a)(4), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. The Colorado River Basin Project Act, referred to in subd. (e), is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, which is classified principally to chapter 32 (§ 1501 et seq.) of this title. Title IV of the Act is classified to subchapter IV (§ 1541 et seq.) of chapter 32 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. AMENDMENTS 1984—Pub. L. 98–381, § 104(a)(4)(i), amended introduc- tory provisions generally, inserting ‘‘, without further appropriation,’’ after ‘‘available’’. Subd. (a). Pub. L. 98–381, § 104(a)(4)(i), substituted ‘‘Defraying the costs of operation (including purchase of supplemental energy to meet temporary deficiencies in firm energy which the Secretary of Energy is obli- gated by contract to supply), maintenance and replace- ments of, and emergency expenditures for, all facilities of the project, within such separate limitations as may be included in annual appropriations Acts;’’ for ‘‘An- nual appropriation for the operation, maintenance, and replacements of the project, including emergency re- placements necessary to insure continuous oper- ations;’’. Subd. (e). Pub. L. 98–381, § 104(a)(4)(ii), substituted provisions relating to the transfer of funds to the Lower Colorado River Basin Development Fund for pro- visions which had made available receipts from the project paid into the Colorado River Dam Fund, for an- nual appropriation for fiscal years 1948 to 1951 for pay- ment to Boulder City School District as reimbursement for pupil instructions not exceeding $65 per semester per pupil. 1948—Subd. (d). Act June 1, 1948, inserted proviso to fourth sentence to provide for distribution of receipts for fiscal years 1949 to 1955, inclusive. Subd. (e). Act May 14, 1948, added subd. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover Dam. § 618a–1. Availability of Colorado River Develop- ment Fund for investigation and construc- tion purposes The availability of appropriations from the Colorado River Development Fund for the inves- tigation and construction of projects in any of the States of the Colorado River Basin shall not be held to forbid the expenditure of other funds for those purposes in any of those States where such funds are otherwise available therefor. (June 1, 1948, ch. 364, § 2, 62 Stat. 285.) Editorial Notes CODIFICATION Section was not enacted as part of the Boulder Can- yon Project Adjustment Act which comprises this sub- chapter. § 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 provi- sion for costs of operation, maintenance, and the amount to be set aside for said year for re- placements, should be insufficient to make the payments to the States of Arizona and Nevada and the transfers to the Colorado River Develop- ment Fund in this subchapter provided for, such payments and transfers shall be proportionately reduced, as the Secretary may find to be nec- essary by reason thereof. (July 19, 1940, ch. 643, § 3, 54 Stat. 776.) § 618c. Charges as retroactive; adjustment of ac- counts (a) Upon the taking effect of this subchapter, pursuant to section 618i of this title, the charges, or the basis of computation thereof, promulgated under this subchapter, shall be ap- plicable as from June 1, 1937, and adjustments of