43 U.S.C. § 1523 — Power requirements of Central Arizona

Page 402 TITLE 43—PUBLIC LANDS § 1523 maintenance of Orme Dam and Reservoir, or al- ternative. The Secretary shall offer to pay the fair market value of the lands and interests des- ignated, inclusive of improvements. In addition, the Secretary shall offer to pay toward the cost of relocating or replacing such improvements not to exceed $500,000 in the aggregate, and the amount offered for the actual relocation or re- placement of a residence shall not exceed the difference between the fair market value of the residence and $8,000. Each community and each affected allottee shall have six months in which to accept or reject the Secretary’s offer. If the Secretary’s offer is rejected, the United States may proceed to acquire the property interests involved through eminent domain proceedings in the United States District Court for the Dis- trict of Arizona under sections 3113 and 3114(a) to (d) of title 40. Upon acceptance in writing of the Secretary’s offer, or upon the filing of a dec- laration of taking in eminent domain pro- ceedings, title to the lands or interests involved, and the right to possession thereof, shall vest in the United States. Upon a determination by the Secretary that all or any part of such lands or interests are no longer necessary for the purpose for which acquired, title to such lands or inter- ests shall be restored to the appropriate commu- nity upon repayment to the Federal Govern- ment of the amounts paid by it for such lands. (b) Rights of former owners to use or lease land Title to any land or easement acquired pursu- ant to this section shall be subject to the right of the former owner to use or lease the land for purposes not inconsistent with the construction, operation, and maintenance of the project, as determined by, and under terms and conditions prescribed by, the Secretary. Such right shall include the right to extract and dispose of min- erals. The determination of fair market value under subsection (a) shall reflect the right to ex- tract and dispose of minerals and all other uses permitted by this section. (c) Addition of land to Fort McDowell Indian Reservation In view of the fact that a substantial portion of the lands of the Fort McDowell Mohave- Apache Indian Community will be required for Orme Dam and Reservoir, or alternative, the Secretary shall, in addition to the compensation provided for in subsection (a) of this section, designate and add to the Fort McDowell Indian Reservation twenty-five hundred acres of suit- able lands in the vicinity of the reservation that are under the jurisdiction of the Department of the Interior in township 4 north, range 7 east; township 5 north, range 7 east; and township 3 north, range 7 east, Gila and Salt River base me- ridian, Arizona. Title to lands so added to the reservation shall be held by the United States in trust for the Fort McDowell Mohave-Apache In- dian Community. (d) Recreational facilities developed and oper- ated by Indian communities along Orme Res- ervoir shoreline Each community shall have a right, in accord- ance with plans approved by the Secretary, to develop and operate recreational facilities along the part of the shoreline of the Orme Reservoir located on or adjacent to its reservation, includ- ing land added to the Fort McDowell Reserva- tion as provided in subsection (b) of this section, subject to rules and regulations prescribed by the Secretary governing the recreation develop- ment of the reservoir. Recreation development of the entire reservoir and federally owned lands under the jurisdiction of the Secretary adjacent thereto shall be in accordance with a master recreation plan approved by the Secretary. The members of each community shall have non- exclusive personal rights to hunt and fish on or in the reservoir without charge to the same ex- tent they are now authorized to hunt and fish, but no community shall have the right to ex- clude others from the reservoir except by con- trol of access through its reservation or any right to require payment by members of the public except for the use of community lands or facilities. (e) Exemption of funds from State and Federal income taxes All funds paid pursuant to this section, and any per capita distribution thereof, shall be ex- empt from all forms of State and Federal in- come taxes. (Pub. L. 90–537, title III, § 302, Sept. 30, 1968, 82 Stat. 888.) Editorial Notes CODIFICATION In subsec. (a), ‘‘sections 3113 and 3114(a) to (d) of title 40’’ substituted for ‘‘40 U.S.C., sections 257 and 258a’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Statutory Notes and Related Subsidiaries INAPPLICABILITY OF SUBSECTION (a) TO FORT MCDOWELL INDIAN COMMUNITY Pub. L. 101–628, title IV, § 411(e), Nov. 28, 1990, 104 Stat. 4491, provided that: ‘‘As of the date the authoriza- tions contained in section 409(b) of this Act become ef- fective [see section 412 of Pub. L. 101–628, 104 Stat. 4491], section 302(a) of the Colorado River Basin Project Act (43 U.S.C. 1522(a)) shall no longer apply to the Commu- nity [Fort McDowell Indian Community].’’ INAPPLICABILITY TO SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY Pub. L. 100–512, § 11(c), Oct. 20, 1988, 102 Stat. 2558, pro- vided that: ‘‘Upon the effective date of this Act as set forth in section 12 [102 Stat. 2559], section 302 of the Colorado River Basin Project Act (43 U.S.C. 1522) shall no longer apply to the Community [Salt River Pima- Maricopa Indian Community].’’ § 1523. Power requirements of Central Arizona Project and augmentation of Lower Colorado River Basin Development Fund (a) Engineering and economic studies The Secretary is authorized and directed to continue to a conclusion appropriate engineer- ing and economic studies and to recommend the most feasible plan for the construction and oper- ation of hydroelectric generating and trans- mission facilities, the purchase of electrical en- ergy, the purchase of entitlement to electrical plant capacity, or any combination thereof, in- Page 403 TITLE 43—PUBLIC LANDS § 1524 cluding participation, operation, or construction by non-Federal entities, for the purpose of sup- plying the power requirements of the Central Arizona Project and augmenting the Lower Col- orado River Basin Development Fund: Provided, That nothing in this section or in this chapter contained shall be construed to authorize the study or construction of any dams on the main stream of the Colorado River between Hoover Dam and Glen Canyon Dam. (b) Construction of thermal generating power- plants; agreements for acquisition by United States of portions of plant capacity If included as a part of the recommended plan, the Secretary may enter into agreements with non-Federal interests proposing to construct thermal generating powerplants whereby the United States shall acquire the right to such portions of their capacity, including delivery of power and energy over appurtenant trans- mission facilities to mutually agreed upon deliv- ery points, as he determines is required in con- nection with the operation of the Central Ari- zona Project. When not required for the Central Arizona Project, the power and energy acquired by such agreements may be disposed of inter- mittently by the Secretary for other purposes at such prices as he may determine, including its marketing in conjunction with the sale of power and energy from Federal powerplants in the Col- orado River system so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. The agreements shall provide among other things, that— (1) the United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the respective capacities to be provided for the United States therein to the total capacities of such facilities. The Secretary shall make the Federal portion of such costs available to the non-Federal interests during the construc- tion period, including the period of prepara- tion of designs and specifications, in such in- stallments as will facilitate a timely construc- tion schedule, but no funds other than for preconstruction activities shall be made avail- able by the Secretary until he determines that adequate contractual arrangements have been entered into between all the affected parties covering land, water, fuel supplies, power (its availability and use), rights-of-way, trans- mission facilities and all other necessary mat- ters for the thermal generating powerplants; (2) annual operation and maintenance costs shall be apportioned between the United States and the non-Federal interests on an eq- uitable basis taking into account the ratios determined in accordance with the foregoing clause (1): Provided, however, That the United States shall share on the foregoing basis in the depreciation component of such costs only to the extent of provision for depreciation on re- placements financed by the non-Federal inter- ests; (3) the United States shall be given appro- priate credit for any interests in Federal lands administered by the Department of the Inte- rior that are made available for the power plants and appurtenances; (4) costs to be borne by the United States under clauses (1) and (2) shall not include (a) interest and interest during construction, (b) financing charges, (c) franchise fees, and (d) such other costs as shall be specified in the agreement. (c) Recommended plan; submission to Congress No later than one year from September 30, 1968, the Secretary shall submit his rec- ommended plan to the Congress. Except as au- thorized by subsection (b) of this section, such plan shall not become effective until approved by the Congress. (d) Apportionment of water for Arizona plants diverted above Lee Ferry If any thermal generating plant referred to in subsection (b) of this section is located in Ari- zona, and if it is served by water diverted from the drainage area of the Colorado River system above Lee Ferry, other provisions of existing law to the contrary notwithstanding, such con- sumptive use of water shall be a part of the fifty thousand acre-feet per annum apportioned to the State of Arizona by article III(a) of the Upper Colorado River Basin Compact (63 Stat. 31). (Pub. L. 90–537, title III, § 303, Sept. 30, 1968, 82 Stat. 889.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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. § 1524. Water furnished from Central Arizona Project (a) Restriction on use of water for irrigation Unless and until otherwise provided by Con- gress, water from the Central Arizona Project shall not be made available directly or indi- rectly for the irrigation of lands not having a re- cent irrigation history as determined by the Secretary, except in the case of Indian lands, na- tional wildlife refuges, and, with the approval of the Secretary, State-administered wildlife man- agement areas. (b) Contracts with municipal and industrial users (1) Irrigation and municipal and industrial water supply under the Central Arizona Project within the State of Arizona may, in the event the Secretary determines that it is necessary to effect repayment, be pursuant to master con- tracts with organizations which have power to levy assessments against all taxable real prop- erty within their boundaries. The terms and conditions of contracts or other arrangements