43 U.S.C. § 620d — Upper Colorado River Basin Fund

Page 234 TITLE 43—PUBLIC LANDS § 620c–1 Editorial Notes REFERENCES IN TEXT Act of June 17, 1902, referred to in text, is popularly known as the Reclamation Act, which is classified gen- erally to chapter 12 (§ 371 et seq.) of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Ta- bles. The Agricultural Act of 1949, referred to in text, is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, which is classified principally to chapter 35A (§ 1421 et seq.) of Title 7, Ag- riculture. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of Title 7 and Tables. § 620c–1. Laws governing priority of appropria- tion In the diversion and storage of water for any project or any parts thereof constructed under the authority of the Colorado River Basin Project Act [43 U.S.C. 1501 et seq.] or the Colo- rado River Storage Project Act [43 U.S.C. 620 et seq.] within and for the benefit of the State of Colorado only, the Secretary is directed to com- ply with the constitution and statutes of the State of Colorado relating to priority of appro- priation; with State and Federal court decrees entered pursuant thereto; and with operating principles, if any, adopted by the Secretary and approved by the State of Colorado. (Pub. L. 90–537, title V, § 501(e), Sept. 30, 1968, 82 Stat. 898.) Editorial Notes REFERENCES IN TEXT The Colorado River Basin Project Act, referred to in text, is Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, which is classified principally to chapter 32 (§ 1501 et seq.) 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. The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 620 of this title and Tables. CODIFICATION Section consists of subsec. (e) of section 501 of Pub. L. 90–537. Subsecs. (a), (b), and (d) of section 501 are classi- fied to sections 620, 620 note, 620a, 620a–1, 620a–2, and 620k note of this title. Subsecs. (c) and (f) of section 501 are not classified to the Code. Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter. § 620d. Upper Colorado River Basin Fund (a) Authorization and availability There is authorized a separate fund in the Treasury of the United States to be known as the Upper Colorado River Basin Fund (herein- after referred to as the Basin Fund), which shall remain available until expended, as hereafter provided, for carrying out provisions of this chapter other than section 620g of this title. (b) Crediting of appropriations All appropriations made for the purpose of carrying out the provisions of this chapter, other than section 620g of this title shall be credited to the Basin Fund as advances from the general fund of the Treasury. (c) Crediting and availability of revenues All revenues collected in connection with the operation of the Colorado River storage project and participating projects shall be credited to the Basin Fund, and shall be available, without further appropriation, for (1) defraying the costs of operation, maintenance, and replacements of, and emergency expenditures for, all facilities of the Colorado River storage project and partici- pating projects, within such separate limita- tions as may be included in annual appropria- tion acts: Provided, That with respect to each participating project, such costs shall be paid from revenues received from each such project; (2) payment as required by subsection (d) of this section; and (3) payment as required by sub- section (e) of this section. Revenues credited to the Basin Fund shall not be available for appro- priation for construction of the units and par- ticipating projects authorized by or pursuant to this chapter. (d) Payments of revenues in excess of operating needs to Treasury Revenues in the Basin Fund in excess of oper- ating needs shall be paid annually to the general fund of the Treasury to return— (1) the costs of each unit, participating project, or any separable feature thereof which are allocated to power pursuant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable fea- ture thereof; (2) the costs of each unit, participating project, or any separable feature thereof which are allocated to municipal water supply pursu- ant to section 620e of this title, within a period not exceeding fifty years from the date of completion of such unit, participating project, or separable feature thereof; (3) interest on the unamortized balance of the investment (including interest during con- struction) in the power and municipal water supply features of each unit, participating project, or any separable feature thereof, at a rate determined by the Secretary of the Treas- ury as provided in subsection (f), and interest due shall be a first charge; (4) the costs of each storage unit which are allocated to irrigation pursuant to section 620e of this title within a period not exceeding fifty years; and (5) the costs of each salinity control unit or separable feature thereof, the costs of meas- ures to replace incidental fish and wildlife val- ues foregone, and the costs of the on-farm measures payable from the Upper Colorado River Basin Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(c) of this title. (e) Apportionment of excess revenues among States Revenues in the Basin Fund in excess of the amounts needed to meet the requirements of clause (1) of subsection (c) of this section, and to return to the general fund of the Treasury the costs set out in subsection (d) of this section, shall be apportioned among the States of the Page 235 TITLE 43—PUBLIC LANDS § 620d–1 Upper Division in the following percentages: Colorado, 46 per centum; Utah, 21.5 per centum; Wyoming, 15.5 per centum; and New Mexico, 17 per centum: Provided, That prior to the applica- tion of such percentages, all revenues remaining in the Basin Fund from each participating project (or part thereof), herein or hereafter au- thorized, after payments, where applicable, with respect to such projects, to the general fund of the Treasury under subparagraphs (1), (2), and (3) of subsection (d) of this section shall be ap- portioned to the State in which such partici- pating project, or part thereof, is located. Revenues so apportioned to each State shall be used only for the repayment of construction costs of participating projects or parts of such projects in the State to which such revenues are apportioned and shall not be used for such pur- pose in any other State without the consent, as expressed through its legally constituted au- thority, of the State to which such revenues are apportioned. Subject to such requirement, there shall be paid annually into the general fund of the Treasury from the revenues apportioned to each State (1) the costs of each participating project herein authorized (except Paonia) or any separable feature thereof, which are allocated to irrigation pursuant to section 620e of this title, within a period not exceeding fifty years, in ad- dition to any development period authorized by law, from the date of completion of such partici- pating project or separable feature thereof, or, in the case of Indian lands, payment in accord- ance with section 620c of this title; (2) costs of the Paonia project, which are beyond the ability of the water users to repay, within a period pre- scribed in the Act of June 25, 1947 (61 Stat. 181); and (3) costs in connection with the irrigation features of the Eden project as specified in the Act of June 28, 1949 (63 Stat. 277). (f) Determination of interest rate The interest rate applicable to each unit of the storage project and each participating project for purposes of computing interest dur- ing construction and interest on the unpaid bal- ance shall be determined by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding market- able public obligations, which are neither due nor callable for redemption for fifteen years from the date of issue. (g) Budget to be submitted to Congress Business-type budgets shall be submitted to the Congress annually for all operations fi- nanced by the Basin Fund. (Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107; Pub. L. 86–529, § 9 (part), June 27, 1960, 74 Stat. 227; Pub. L. 87–483, § 18, June 13, 1962, 76 Stat. 102; Pub. L. 93–320, title II, § 205(d), June 24, 1974, 88 Stat. 273; Pub. L. 98–569, § 4(h), Oct. 30, 1984, 98 Stat. 2939.) Editorial Notes REFERENCES IN TEXT Act of June 25, 1947, referred to in subsec. (e), is act June 25, 1947, ch. 148, 61 Stat. 181, which authorized the construction, operation, and maintenance of the Paonia Federal reclamation project, Colorado, and which is not classified to the Code. Act of June 28, 1949, referred to in subsec. (e), is act June 28, 1949, ch. 255, 63 Stat. 277, which authorized the completion of construction and development of the Eden project, Wyoming, and which is not classified to the Code. AMENDMENTS 1984—Subsec. (d)(5). Pub. L. 98–569 inserted ‘‘, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm meas- ures’’ before ‘‘payable’’. 1974—Subsec. (d)(5). Pub. L. 93–320 added par. (5). 1962—Subsec. (e). Pub. L. 87–483 substituted ‘‘here- after’’ for ‘‘hereinafter’’ in proviso in first par. 1960—Subsec. (f). Pub. L. 86–529 required Secretary, for purposes of computing interest during construction and interest on unpaid balance, to determine interest rate as of beginning of fiscal year in which construc- tion is initiated, on basis of computed average interest rate payable by the Treasury upon its outstanding mar- ketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–569 effective Oct. 30, 1984, see section 6 of Pub. L. 98–569, set out as a note under section 1591 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–529, § 9, June 27, 1960, 74 Stat. 227, provided that the amendment made by section 9 is effective June 1, 1960. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (g) of this section is listed as the 8th item on page 114), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. § 620d–1. Reimbursement of Fund from Colorado River Development Fund; operation of Hoo- ver Dam The Upper Colorado River Basin Fund estab- lished under section 620d of this title shall be re- imbursed from the Colorado River Development Fund established by section 618a of this title for the money expended heretofore or hereafter from the Upper Colorado River Basin Fund to meet deficiencies in generation at Hoover Dam during the filling period of storage units of the Colorado River storage project pursuant to the criteria for the filling of Glen Canyon Reservoir (27 Fed. Reg. 6851, July 19, 1962). For this pur- pose, $500,000 for each year of operation of Hoo- ver Dam and powerplant, commencing with fis- cal year 1970, shall be transferred from the Colo- rado River Development Fund to the Upper Col- orado River Basin Fund, in lieu of application of said amounts to the purposes stated in section 618a(d) of this title, until such reimbursement is accomplished. To the extent that any deficiency in such reimbursement remains as of June 1, 1987, the amount of the remaining deficiency shall then be transferred to the Upper Colorado River Basin Fund from the Lower Colorado River Basin Development Fund, as provided in section 1543(g) of this title.