43 U.S.C. § 1542 — Repayment capability of Indian lands

Page 407 TITLE 43—PUBLIC LANDS § 1543 § 1542. Repayment capability of Indian lands The Secretary shall determine the repayment capability of Indian lands within, under, or served by any unit of the project. Construction costs allocated to irrigation of Indian lands (in- cluding provision of water for incidental domes- tic and stock water uses) and within the repay- ment capability of such lands shall be subject to section 386a of title 25, and such costs that are beyond repayment capability of such lands shall be nonreimbursable. (Pub. L. 90–537, title IV, § 402, Sept. 30, 1968, 82 Stat. 894.) § 1543. Lower Colorado River Basin Development Fund (a) Establishment There is hereby established a separate fund in the Treasury of the United States to be known as the Lower Colorado River Basin Development Fund (hereafter called the ‘‘development fund’’), which shall remain available until expended as hereafter provided. (b) Appropriations (1) All appropriations made for the purpose of carrying out the provisions of subchapter III of this chapter shall be credited to the develop- ment fund as advances from the general fund of the Treasury, and shall be available for such purpose. (2) Except as provided in section 1528(b) of this title, sums advanced by non-Federal entities for the purpose of carrying out the provisions of subchapter III of this chapter shall be credited to the development fund and shall be available without further appropriation for such purpose. (c) Revenues credited to fund There shall also be credited to the develop- ment fund— (1) all revenues collected in connection with the operation of facilities authorized in sub- chapter III in furtherance of the purposes of this chapter (except entrance, admission, and other recreation fees or charges and proceeds received from recreation concessionaires), until completion of repayment requirements of the Central Arizona project; (2) any Federal revenues from the Boulder Canyon and Parker-Davis projects which, after completion of repayment requirements of the said Boulder Canyon and Parker-Davis projects, are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of those projects: Provided, however, That for the Boulder Can- yon project commencing June 1, 1987, and for the Parker-Davis project commencing June 1, 2005, and until the end of the repayment period for the Central Arizona project described in section 1521(a) of this title, the Secretary of Energy shall provide for surplus revenues by including the equivalent of 41⁄2 mills per kilowatthour in the rates charged to pur- chasers in Arizona for application to the pur- poses specified in subsection (f) of this section and by including the equivalent 21⁄2 mills per kilowatthour in the rates charged to pur- chasers in California and Nevada for applica- tion to the purposes of subsection (g) of this section as amended and supplemented: Pro- vided further, That after the repayment period for said Central Arizona project, the equiva- lent of 21⁄2 mills per kilowatthour shall be in- cluded by the Secretary of Energy in the rates charged to purchasers in Arizona, California, and Nevada to provide revenues for applica- tion to the purposes of said subsection (g) of this section: Provided, however, That the Sec- retary is authorized and directed to continue the in-lieu-of-tax payments to the States of Arizona and Nevada provided for in section 618a(c) of this title so long as revenues accrue from the operation of the Boulder Canyon project; and (3) any Federal revenues from that portion of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona which, after completion of repayment requirements of the said part of the Pacific Northwest-Pacific Southwest intertie located in the States of Nevada and Arizona, are sur- plus, as determined by the Secretary, to the operation, maintenance, and replacement re- quirements of said portion of the Pacific Northwest-Pacific Southwest intertie and re- lated facilities. (d) Use of revenue funds All moneys collected and credited to the de- velopment fund pursuant to subsection (b) and clauses (1) and (3) of subsection (c) of this sec- tion and the portion of revenues derived from the sale of power and energy for use in Arizona pursuant to clause (2) of subsection (c) of this section shall be available, without further ap- propriation, for— (1) defraying the costs of operation, mainte- nance, and replacements of, and emergency ex- penditures for, all facilities of the projects, within such separate limitations as may be in- cluded in annual appropriation Acts; and (2) payments to reimburse water users in the State of Arizona for losses sustained as a re- sult of diminution of the production of hydro- electric power at Coolidge Dam, Arizona, re- sulting from exchanges of water between users in the States of Arizona and New Mexico as set forth in section 1524(f) of this title. (e) Appropriation by Congress required for con- struction of works Except as provided in subsection (f), revenues credited to the development fund shall not be available for construction of the works com- prised within any unit of the project herein or hereafter authorized except upon appropriation by the Congress. (f) Additional uses of revenue funds (1) Crediting against Central Arizona Water Conservation District payments Funds credited to the development fund pur- suant to subsection (b) and paragraphs (1) and (3) of subsection (c), the portion of revenues derived from the sale of power and energy for use in the State of Arizona pursuant to sub- section (c)(2) in excess of the amount nec- essary to meet the requirements of paragraphs (1) and (2) of subsection (d), and any annual payment by the Central Arizona Water Con-