43 U.S.C. § 618 — Promulgation of charges for electrical en-

Page 217 TITLE 43—PUBLIC LANDS § 618 islature of each of such States and by the Con- gress of the United States. (Dec. 21, 1928, ch. 42, § 19, 45 Stat. 1065.) § 617s. Recognition of rights of Mexico to Colo- rado River waters Nothing in this subchapter shall be construed as a denial or recognition of any rights, if any, in Mexico to the use of the waters of the Colo- rado River system. (Dec. 21, 1928, ch. 42, § 20, 45 Stat. 1066.) § 617t. Short title The short title of this subchapter shall be ‘‘Boulder Canyon Project Act.’’ (Dec. 21, 1928, ch. 42, § 21, 45 Stat. 1066.) § 617u. Lease of reserved lands in Boulder City, Nevada; disposition of revenues The Secretary of the Interior is authorized and empowered, under such rules and regulations as he may prescribe, to establish rental rates for the lease of reserved lands of the United States situate within the exterior boundaries of Boul- der City, Nevada, and, without prior advertising, to enter into leases therefor at not less than rates so established and for periods not exceed- ing fifty-three years from the date of such leases: Provided, That all revenues which may accrue to the United States under the provisions of such leases shall be deposited in the Treasury and credited to the Colorado River Dam fund es- tablished by section 617a of this title. (June 18, 1940, ch. 395, 54 Stat. 437.) Editorial Notes CODIFICATION Section was not enacted as part of the Boulder Can- yon Project Act which comprises this subchapter. Statutory Notes and Related Subsidiaries BOULDER CITY ACT OF 1958 Public Law 85–900, Sept. 2, 1958, 72 Stat. 1726, provided for disposal of certain Federal property in Boulder City for purposes of establishment of a municipal corpora- tion incorporated under laws of Nevada. § 617v. Repealed. Pub. L. 85–900, § 17, Sept. 2, 1958, 72 Stat. 1735 Section, act July 31, 1953, ch. 296, title II, 67 Stat. 250, which was not enacted as part of the Boulder Canyon Project Act (which comprises this subchapter), pro- vided for taxation of leaseholds lying within Boulder Canyon Project Reservation and deduction of certain school taxes in Boulder City Union School District. SUBCHAPTER II—BOULDER CANYON PROJECT ADJUSTMENT ACT Statutory Notes and Related Subsidiaries EFFECTIVE DATE Effective date of subchapter, see sections 618i, 620f, 620h, 620m of this title. CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note set out pre- ceding subchapter I of this chapter. § 618. Promulgation of charges for electrical en- ergy The Secretary of the Interior is authorized and directed to, and he shall, promulgate charges, or the basis of computation thereof, for electrical energy generated at Hoover Dam beginning June 1, 1937, computed to be sufficient, together with other net revenues from the project, to accom- plish the following purposes: (a) To meet the cost of operation and mainte- nance, and to provide for replacements, of the project beginning June 1, 1937; (b) To repay to the Treasury, with interest, the advances to the Colorado River Dam Fund for the project made prior to June 1, 1937, within fifty years from that date (excluding advances allocated to flood control by section 617a(b) of this title, which shall be repayable as provided in section 618f of this title), and such advances made on and after June 1, 1937, over fifty-year periods; (c) To provide $600,000 for each of the years and for the purposes specified in section 618a(c) of this title; (d) To provide $500,000 for each of the years and for the purposes specified in section 618a(d) of this title; and (e) To provide, by application of the incre- ments to rates specified in section 403(c)(2) of the Colorado River Basin Project Act of 1968, as amended and supplemented [43 U.S.C. 1543(c)(2)], revenues, from and after June 1, 1987, for appli- cation to the purposes there specified. Such charges may be made subject to revi- sions and adjustments at such times, to such ex- tent, and in such manner, as by the terms of their promulgation the Secretary shall pre- scribe. (July 19, 1940, ch. 643, § 1, 54 Stat. 774; Apr. 30, 1947, ch. 46, 61 Stat. 56; Pub. L. 98–381, title I, § 104(a)(1)–(3), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–381, § 104(a)(1), substituted ‘‘beginning June 1, 1937’’ for ‘‘during the period beginning June 1, 1937, and ending May 31, 1987’’ in provisions preceding subsec. (a). Subsec. (a). Pub. L. 98–381, § 104(a)(1), substituted ‘‘be- ginning June 1, 1937’’ for ‘‘during the period beginning June 1, 1937, and ending May 31, 1987’’. Subsec. (b). Pub. L. 98–381, § 104(a)(2), substituted ‘‘and such advances made on or after June 1, 1937, over fifty-year periods’’ for ‘‘and such portion of such ad- vances made on or after June 1, 1937, as (on the basis of repayment thereof within such fifty-year period or periods as the Secretary may determine) will be repay- able prior to June 1, 1987’’. Subsec. (e). Pub. L. 98–381, § 104(a)(3), added subsec. (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover Dam. CONSTRUCTION WITH OTHER LAWS Pub. L. 98–381, title I, § 104(b), Aug. 17, 1984, 98 Stat. 1335, provided that: ‘‘Except as amended by this Act [amending sections 618, 618a, 618e, and 618k of this 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-