43 U.S.C. § 1541 — Allocation of costs; repayment

Page 406 TITLE 43—PUBLIC LANDS § 1528 (Pub. L. 90–537, title III, § 308, Sept. 30, 1968, 82 Stat. 893.) Editorial Notes REFERENCES IN TEXT The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of Title 16 and Tables. § 1528. Authorization of appropriations (a) There is hereby authorized to be appro- priated for construction of the Central Arizona Project, including prepayment for power genera- tion and transmission facilities but exclusive of distribution and drainage facilities for non-In- dian lands, $832,180,000 plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indices applicable to the types of construction involved therein and, in addition thereto, such sums as may be required for operation and maintenance of the project. (b) There is also authorized to be appropriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construc- tion costs as indicated by engineering and cost indices applicable to the types of construction involved therein from September 30, 1968: Pro- vided, That the Secretary shall enter into agree- ments with non-Federal interests to provide not less than 20 per centum of the total cost of such facilities during the construction of such facili- ties. Notwithstanding the provisions of section 1543 of this title, neither appropriations made pursuant to the authorization contained in this subsection nor revenues collected in connection with the operation of such facilities shall be credited to the Lower Colorado River Basin De- velopment Fund and payments shall not be made from that fund to the general fund of the Treasury to return any part of the costs of con- struction, operation, and maintenance of such facilities. (Pub. L. 90–537, title III, § 309, Sept. 30, 1968, 82 Stat. 893; Pub. L. 97–373, Dec. 20, 1982, 96 Stat. 1817.) Editorial Notes AMENDMENTS 1983—Subsec. (b). Pub. L. 97–373 substituted ‘‘There is also authorized to be appropriated $100,000,000 for con- struction of distribution and drainage facilities for non-Indian lands plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering and cost indices applicable to the types of construction involved therein from September 30, 1968: Provided, That the Sec- retary shall enter into agreements with non-Federal in- terests to provide not less than 20 per centum of the total cost of such facilities during the construction of such facilities’’ for ‘‘There is also authorized to be ap- propriated $100,000,000 for construction of distribution and drainage facilities for non-Indian lands’’. SUBCHAPTER IV—LOWER COLORADO RIVER BASIN DEVELOPMENT FUND § 1541. Allocation of costs; repayment Upon completion of each lower basin unit of the project herein or hereafter authorized, or separate feature thereof, the Secretary shall al- locate the total costs of constructing said unit or features to (1) commercial power, (2) irriga- tion, (3) municipal and industrial water supply, (4) flood control, (5) navigation, (6) water qual- ity control, (7) recreation, (8) fish and wildlife, (9) the replenishment of the depletion of Colo- rado River flows available for use in the United States occasioned by performance of the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), and (10) any other purposes authorized under the Federal rec- lamation laws. Costs of construction, operation, and maintenance allocated to the replenishment of the depletion of Colorado River flows avail- able for use in the United States occasioned by compliance with the Mexican Water Treaty (in- cluding losses in transit, evaporation from regu- latory reservoirs, and regulatory losses at the Mexican boundary, incurred in the transpor- tation, storage, and delivery of water in dis- charge of the obligations of that treaty) shall be nonreimbursable: Provided, That the non- reimbursable allocation shall be made on a pro rata basis to be determined by the ratio between the amount of water required to comply with the Mexican Water Treaty and the total amount of water by which the Colorado River is aug- mented pursuant to the investigations author- ized subchapter II of this chapter and any future Congressional authorization. The repayment of costs allocated to recreation and fish and wild- life enhancement shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213) [16 U.S.C. 460l–12 et seq.]: Provided, That all of the separable and joint costs allocated to recreation and fish and wildlife enhancement as a part of the Dixie project, Utah, shall be nonreimbursable. Costs allocated to nonreimbursable purposes shall be nonreturnable under the provisions of this chap- ter. (Pub. L. 90–537, title IV, § 401, Sept. 30, 1968, 82 Stat. 894.) Editorial Notes REFERENCES IN TEXT The Federal reclamation laws, referred to in par. (10), are identified in section 1554 of this title. The Federal Water Project Recreation Act, referred to in text, is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of Title 16 and Tables. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 90–537, Sept. 30, 1968, 82 Stat. 885, known as the Colorado River Basin Project Act, which enacted this chapter and sections 616aa–1, 620a–1, 620a–2, 620c–1, and 620d–1 of this title, amended sections 616hh, 620, and 620a of this title, and enacted provisions set out as notes under sections 620, 620k, and 1501 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. 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-