43 U.S.C. § 618j — Effect of refusal to modify existing con-

Page 221 TITLE 43—PUBLIC LANDS § 618j to any allottee made by any rule or regulation heretofore promulgated shall be modified or changed without the consent of such allottee. (July 19, 1940, ch. 643, § 8, 54 Stat. 777.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. § 618h. Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency The Secretary is authorized to negotiate for and enter into a contract for the termination of the existing lease of the Hoover Power Plant made pursuant to the Project Act [43 U.S.C. 617 et seq.], and in the event of such termination the operation and maintenance, and the making of replacements, however necessitated, of the Hoover Power Plant by the United States, di- rectly or through such agent or agents as the Secretary may designate, is authorized. The powers, duties, and rights of such agent or agents shall be provided by contract, which may include provision that questions relating to the interpretation or performance thereof may be determined, to the extent provided therein, by arbitration or court proceedings. The Secretary in consideration of such termination of such ex- isting lease is authorized to agree (a) that the lessees therein named shall be designated as the agents of the United States for the operation of said power plant; (b) that (except by mutual consent or in accordance with such provisions for termination for default as may be specified therein) such agency contract shall not be rev- ocable or terminable; and (c) that suits or pro- ceedings to restrain the termination of any such agency contract, otherwise than as therein pro- vided, or for other appropriate equitable relief or remedies, may be maintained against the Sec- retary. Suits or other court proceedings pursu- ant to the foregoing provisions may be main- tained in, and jurisdiction to hear and deter- mine such suits or proceedings and to grant such relief or remedies is conferred upon, the United States District Court for the District of Colum- bia, with the like right of appeal or review as in other like suits or proceedings in said court. The Secretary is authorized to act for the United States in such arbitration proceedings. (July 19, 1940, ch. 643, § 9, 54 Stat. 777; Apr. 30, 1947, ch. 46, 61 Stat. 56; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States District Court for the District of Co- lumbia’’ substituted in text for ‘‘the district court of the United States for the District of Columbia’’ on au- thority of act June 25, 1948, as amended by act May 24, 1949. ‘‘Hoover Power Plant’’ substituted for ‘‘Boulder Power Plant’’ on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam. § 618i. Effective date This subchapter shall be effective immediately for the purpose of the promulgation of charges, or the basis of computation thereof, and the exe- cution of contracts authorized by the terms of this subchapter, but neither such charges, nor the basis of computation thereof, nor any such contract, shall be effective unless and until this subchapter shall be effective for all purposes. This subchapter shall take effect for all pur- poses when, but not before, the Secretary shall have found that provision has been made for the termination of the existing lease of the Hoover Power Plant and for the operation thereof as au- thorized by section 618h of this title, and that allottees obligated under contracts in force on July 19, 1940 to pay for at least 90 per centum of the firm energy shall have entered into con- tracts (1) consenting to such operation, and (2) containing such other provisions as the Sec- retary may deem necessary or proper for car- rying out the purposes of this subchapter. For purposes of this section such 90 per centum shall be computed as of the end of the absorption peri- ods provided for in regulations heretofore pro- mulgated by the Secretary and in effect on July 19, 1940. If contracts in accordance with the require- ments of this section shall not have been en- tered into prior to June 1, 1941, this subchapter shall cease to be operative and shall be of no fur- ther force or effect. (July 19, 1940, ch. 643, § 10, 54 Stat. 778; Apr. 30, 1947, ch. 46, 61 Stat. 56.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Hoover Power Plant’’ substituted in text for ‘‘Boul- der Power Plant’’ on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam. § 618j. Effect of refusal to modify existing con- tracts Any contractor for energy from the project failing or refusing to execute a contract modi- fying its existing contract to conform to this subchapter shall continue to pay the rates and charges provided for in its existing contract, subject to such periodic readjustments as are therein provided, in all respects as if this sub- chapter had not been passed, and so far as nec- essary to support such existing contract all of the provisions of the Project Act [43 U.S.C. 617 et seq.] shall remain in effect, anything in this subchapter inconsistent therewith notwith- standing. (July 19, 1940, ch. 643, § 11, 54 Stat. 778.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. Page 222 TITLE 43—PUBLIC LANDS § 618k § 618k. Definitions The following terms wherever used in this sub- chapter shall have the following respective meanings: ‘‘Project Act’’ shall mean the Boulder Canyon Project Act [43 U.S.C. 617 et seq.]; ‘‘Project’’ shall mean the works authorized by the Project Act to be constructed and owned by the United States, exclusive of the main canal and appurtenances mentioned therein, now known as the All-American Canal; ‘‘Secretary’’ shall mean the Secretary of the Interior of the United States; ‘‘Firm energy’’ and ‘‘allottees’’ shall have the meaning assigned to such terms in regulations promulgated before July 19, 1940, by the Sec- retary and in effect on July 19, 1940; ‘‘Replacements’’ shall mean such replace- ments as may be necessary to keep the project in good operating condition beginning June 1, 1937, but shall not include (except where used in conjunction with the word ‘‘emergency’’ or the words ‘‘however necessitated’’) replacements made necessary by any act of God, or of the pub- lic enemy, or by any major catastrophe; and ‘‘Year of operation’’ shall mean the period from and including June 1 of any calendar year to and including May 31 of the following cal- endar year. (July 19, 1940, ch. 643, § 12, 54 Stat. 778; Pub. L. 98–381, title I, § 104(a)(6), Aug. 18, 1984, 98 Stat. 1335.) Editorial Notes REFERENCES IN TEXT The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classi- fied generally to subchapter I (§ 617 et seq.) of this chap- ter. For complete classification of this Act to the Code, see section 617t of this title and Tables. AMENDMENTS 1984—Pub. L. 98–381 substituted ‘‘beginning June 1, 1937’’ for ‘‘during the period from June 1, 1937, to May 31, 1987, inclusive’’ in definition of ‘‘Replacements’’. § 618l. Repealed. Aug. 30, 1954, ch. 1076, § 1(22), 68 Stat. 968 Section, act July 19, 1940, ch. 643, § 13, 54 Stat. 779, re- quired Secretary of the Interior to submit an annual fi- nancial statement and report to Congress of operations under this subchapter. § 618m. Effect on existing laws and States’ rights Nothing in this subchapter shall be construed as interfering with such rights as the States had on July 19, 1940, either to the waters within their borders or to adopt such policies and enact such laws as they deem necessary with respect to the appropriation, control, and use of waters within their borders, except as modified by the Colorado River compact or other interstate agreement. Neither the promulgation of charges, or the basis of charges, nor anything contained in this subchapter, or done there- under, shall in anywise affect, limit, or preju- dice any right of any State in or to the waters of the Colorado River system under the Colorado River compact. Sections 13(b), 13(c), and 13(d) of the Project Act [43 U.S.C. 617l(b), (c), and (d)] and all other provisions of said Project Act [43 U.S.C. 617 et seq.] not inconsistent with the terms of this subchapter shall remain in full force and effect. (July 19, 1940, ch. 643, § 14, 54 Stat. 779.) Editorial Notes REFERENCES IN TEXT The Project Act, referred to in text, is defined in sec- tion 618k of this title. § 618n. Wages of employees All laborers and mechanics employed in the construction of any part of the project, or in the operation, maintenance, or replacement of any part of the Hoover Dam, shall be paid not less than the prevailing rate of wages or compensa- tion for work of a similar nature prevailing in the locality of the project. In the event any dis- pute arises as to what are the prevailing rates, the determination thereof shall be made by the Secretary of the Interior, and his decision, sub- ject to the concurrence of the Secretary of Labor, shall be final. (July 19, 1940, ch. 643, § 15, 54 Stat. 779; Apr. 30, 1947, ch. 46, 61 Stat. 56.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Hoover Dam’’ substituted in text for ‘‘Boulder Dam’’ on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam. § 618o. Short title This subchapter may be cited as ‘‘Boulder Canyon Project Adjustment Act’’. (July 19, 1940, ch. 643, § 16, 54 Stat. 779.) § 618p. Omitted Editorial Notes CODIFICATION Section, act Oct. 12, 1949, ch. 680, title I, § 101, in part, 63 Stat. 784, related to reports to Congressional appro- priations committees on Colorado River dam funds, was from the Interior Department Appropriation Act, 1950, and was not repeated in subsequent appropriation acts. Similar provisions were contained in act June 29, 1948, ch. 754, § 1, 62 Stat. 1130. 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 (a) Hoover Powerplant generating equipment; in- crease in capacity; improvement of appur- tenances; authorization of Secretary The Secretary of the Interior is authorized to increase the capacity of existing generating equipment and appurtenances at Hoover Power- plant (hereinafter in this subchapter referred to as ‘‘uprating program’’); and to improve park- ing, visitor facilities, and roadways and to pro- vide additional elevators, and other facilities that will contribute to the safety and suffi-