43 U.S.C. § 617 — Colorado River Basin; protection and de-

Page 209 TITLE 43—PUBLIC LANDS § 617 Sec. 618i. Effective date. 618j. Effect of refusal to modify existing contracts. 618k. Definitions. 618l. Repealed. 618m. Effect on existing laws and States’ rights. 618n. Wages of employees. 618o. Short title. 618p. Omitted. SUBCHAPTER III—HOOVER DAM CONTRACTS AND FACILITIES 619. Increase in capacity of existing generating equipment at Hoover Powerplant; construc- tion of Colorado River bridge crossing. 619a. Renewal contracts for power. 619b. Reimbursement of funds advanced by non- Federal purchasers; uprating program; re- payment requirement; visitor facilities pro- gram. Statutory Notes and Related Subsidiaries CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS CHAPTER Act May 28, 1954, ch. 241, 68 Stat. 143, provided that: ‘‘For the purposes of effecting economies and in- creased efficiency in the construction, operation, and maintenance thereof and of accounting for the return of reimbursable costs, the Secretary of the Interior is authorized and directed to consolidate and administer as a single project to be known as the Parker-Davis project, Arizona-California-Nevada, the projects known as the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada: Provided, That nothing in this Act shall be construed to alter or affect in any way the Boulder Canyon Project Act (45 Stat. 1057) [subchapter I of this chapter], the Boulder Canyon Project Adjustment Act (54 Stat. 774) [sub- chapter II of this chapter], or the treaty between the United States of America and the United Mexican States, signed at Washington on February 3, 1944, relat- ing to the utilization of the waters of the Colorado and Tijuana Rivers and of the Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico: Provided further, That nothing in this Act shall be construed to alter or affect in any way any right or obligation of the United States or any other party under contracts heretofore entered into by the United States. ‘‘SEC. 2. Funds heretofore appropriated for the Parker Dam power project, Arizona-California, and the Davis Dam project, Arizona-Nevada, shall be consolidated and shall be and remain available for the purposes for which they were appropriated.’’ SUBCHAPTER I—BOULDER CANYON PROJECT ACT Statutory Notes and Related Subsidiaries CONSOLIDATION OF CERTAIN PROJECTS; EFFECT ON THIS SUBCHAPTER Consolidation of Parker and Davis Dam projects as not affecting this subchapter, see note preceding this subchapter. § 617. Colorado River Basin; protection and de- velopment; dam, reservoir, and incidental works; water, water power, and electrical en- ergy; eminent domain For the purpose of controlling the floods, im- proving navigation, and regulating the flow of the Colorado River, providing for storage and for the delivery of the stored waters thereof for rec- lamation of public lands and other beneficial uses exclusively within the United States, and for the generation of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent under- taking, the Secretary of the Interior subject to the terms of the Colorado River compact herein- after mentioned in this chapter, is authorized to construct, operate, and maintain a dam and in- cidental works in the main stream of the Colo- rado River at Black Canyon or Boulder Canyon adequate to create a storage reservoir of a ca- pacity of not less than twenty million acre-feet of water and a main canal and appurtenant structures located entirely within the United States connecting the Laguna Dam, or other suitable diversion dam, which the Secretary of the Interior is authorized to construct if deemed necessary or advisable by him upon engineering or economic considerations, with the Imperial and Coachella Valleys in California, the expend- itures for said main canal and appurtenant structures to be reimbursable, as provided in the reclamation law, and shall not be paid out of revenues derived from the sale or disposal of water power or electric energy at the dam au- thorized to be constructed at said Black Canyon or Boulder Canyon, or for water for potable pur- poses outside of the Imperial and Coachella Val- leys: Provided, however, That no charge shall be made for water for the use, storage, or delivery of water for irrigation or water for potable pur- poses in the Imperial or Coachella Valleys; also to construct and equip, operate, and maintain at or near said dam, or cause to be constructed, a complete plant and incidental structures suit- able for the fullest economic development of electrical energy from the water discharged from said reservoir; and to acquire by pro- ceedings in eminent domain, or otherwise, all lands, rights-of-way, and other property nec- essary for said purposes. (Dec. 21, 1928, ch. 42, § 1, 45 Stat. 1057.) Editorial Notes REFERENCES IN TEXT The reclamation law, referred to in text, is defined in section 617k of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Apr. 30, 1947, ch. 46, 61 Stat. 56, restored the name Hoover Dam to the dam on the Colorado River in Black Canyon known previously as Boulder Dam, and pro- vided that any law, regulation, document, or record in which that dam is designated or referred to as Boulder Dam shall be held to refer to that dam under and by the name of Hoover Dam. CONSTRUCTION WITH OTHER LAWS Pub. L. 98–381, title I, § 103(b), Aug. 17, 1984, 98 Stat. 1334, provided that: ‘‘Except as amended by this Act [amending sections 617a and 617b of this title], the Boulder Canyon Project Act of 1928 (45 Stat. 1057, as amended, 43 U.S.C. 617 et seq.), as amended and supple- mented [this subchapter], shall remain in full force and effect.’’ Act Aug. 4, 1939, ch. 418, § 18, provided that nothing in that act should be construed to amend the Boulder Canyon Project Act (this subchapter). See note set out under section 485j of this title. Gila project, Arizona, as not amending this sub- chapter, see section 8 of Act July 30, 1947, ch. 382, 61 Stat. 628, set out as a note under section 613 of this title. Page 210 TITLE 43—PUBLIC LANDS § 617a 1 So in original. § 617a. ‘‘Colorado River Dam Fund’’ (a) Creation of fund; purpose; receipts and ex- penditures under control of Secretary of the Interior There is established a special fund, to be known as the ‘‘Colorado River Dam fund’’ (here- inafter referred to as the ‘‘fund’’), and to be available, as hereafter provided for, only for car- rying out the provisions of this subchapter. All revenues received in carrying out the provisions of this subchapter shall be paid into and expend- itures shall be made out of the fund, under the direction of the Secretary of the Interior. (b) Advancements to fund by Secretary of the Treasury; allocation; repayment; interest The Secretary of the Treasury is authorized to advance to the fund, from time to time and within the appropriations therefor, such amounts as the Secretary of the Interior deems necessary for carrying out the provisions of this subchapter..1 Of this amount the sum of $25,000,000 shall be allocated to flood control and shall be repaid to the United States out of 621⁄2 per centum of revenues, if any, in excess of the amount necessary to meet periodical payments during the period of amortization, as provided in section 617c of this title. If said sum of $25,000,000 is not repaid in full during the period of amortization, then 621⁄2 per centum of all net revenues shall be applied to payment of the re- mainder. Interest at the rate of 4 per centum per annum accruing during the year upon the amounts so advanced and remaining unpaid shall be paid annually out of the fund, except as herein otherwise provided. (c) Limitation on use made of advancements Moneys in the fund advanced under subdivi- sion (b) shall be available only for expenditures for construction and the payment of interest, during construction, upon the amounts so ad- vanced. No expenditures out of the fund shall be made for operation and maintenance except from appropriations therefor. (d) Unpaid interest on advancements; charge on fund; rate of interest The Secretary of the Treasury shall charge the fund as of June 30 in each year with such amount as may be necessary for the payment of interest on advances made under subdivision (b) at the rate of 4 per centum per annum accrued during the year upon the amounts so advanced and remaining unpaid, except that if the fund is insufficient to meet the payment of interest the Secretary of the Treasury may, in his discre- tion, defer any part of such payment, and the amount so deferred shall bear interest at the rate of 4 per centum per annum until paid. (e) Money in fund in excess of amount needed; certification of fact; disposition The Secretary of the Interior shall certify to the Secretary of the Treasury, at the close of each fiscal year, the amount of money in the fund in excess of the amount necessary for con- struction, operation, and maintenance, and pay- ment of interest. Upon receipt of each such cer- tificate the Secretary of the Treasury is author- ized and directed to charge the fund with the amount so certified as repayment of the ad- vances made under subdivision (b), which amount shall be covered into the Treasury to the credit of miscellaneous receipts. (Dec. 21, 1928, ch. 42, § 2, 45 Stat. 1057; Pub. L. 98–381, title I, § 103(a)(1), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes AMENDMENTS 1984—Subsec. (b). Pub. L. 98–381 substituted a period for ‘‘, except that the aggregate amount of such ad- vances shall not exceed the sum of $165,000,000’’ at end of first sentence. § 617b. Authorization of appropriations There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such sums of money as may be necessary to carry out the purposes of this subchapter, not exceeding in the aggregate $242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by reason of ordi- nary fluctuations of construction costs as indi- cated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount re- quired for the uprating program and the visitor facilities program. (Dec. 21, 1928, ch. 42, § 3, 45 Stat. 1058; Pub. L. 98–381, title I, § 103(a)(2), Aug. 17, 1984, 98 Stat. 1334.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–381 substituted ‘‘$242,000,000, of which $77,000,000 (October 1983 price levels) shall be adjusted plus or minus such amounts as may be justified by rea- son of ordinary fluctuations of construction costs as in- dicated by engineering cost indices applicable to the type of construction involved herein. Said $77,000,000 represents the additional amount required for the uprating program and the visitor facilities program’’ for ‘‘$165,000,000’’. § 617c. Condition precedent to taking effect of provisions (a) Ratification by interested States of Colorado River compact; agreements for apportion- ment of waters This subchapter shall not take effect and no authority shall be exercised under this sub- chapter and no work shall be begun and no mon- eys expended on or in connection with the works or structures provided for in this subchapter, and no water rights shall be claimed or initiated thereunder, and no steps shall be taken by the United States or by others to initiate or perfect any claims to the use of water pertinent to such works or structures unless and until (1) the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall have ratified the Colorado River compact, mentioned in section 617l of this title, and the President by public proclamation shall have so declared, or (2) if said States fail to ratify the said compact