dreamproit/uscode huggingface dataset:
43 U.S.C. § 617i (PUBLIC LANDS)
§ 617i. Modification of existing compact relating to Laguna Dam
Nothing in this subchapter shall be construed as modifying in any manner the existing contract, dated October 23, 1918, between the United States and the Imperial Irrigation District, providing for a connection with Laguna Dam; but the Secretary of the Interior is authorized to enter into contract or contracts with the said district or other districts, persons, or agencies for the construction, in accordance with this subchapter of said canal and appurtenant structures, and also for the operation and maintenance thereof, with the consent of the other users.
(Dec. 21, 1928, ch. 42, § 10, 45 Stat. 1063.)
43 U.S.C. § 617j (PUBLIC LANDS)
§ 617j. Omitted
heading: Codification
text: Section, act Dec. 21, 1928, ch. 42, § 11, 45 Stat. 1063, authorized Secretary of the Interior to make surveys and investigations to determine what lands in Arizona should be included in Parker-Gila Valley reclamation project and required him to make a report to Congress not later than Dec. 10, 1931.
43 U.S.C. § 617k (PUBLIC LANDS)
§ 617k. Definitions
“Political subdivision” or “political subdivisions” as used in this subchapter shall be understood to include any State, irrigation or other district, municipality, or other governmental organization.
“Reclamation law” as used in this subchapter shall be understood to mean that certain Act of Congress of the United States approved June 17, 1902, and the Acts amendatory thereof and supplemental thereto.
“Maintenance” as used herein shall be deemed to include in each instance provision for keeping the works in good operating condition.
“The Federal Power Act,” [16 U.S.C. 791a et seq.] as used in this subchapter, shall be understood to mean that certain Act of Congress of the United States approved June 10, 1920, and the Acts amendatory thereof and supplemental thereto.
“Domestic”, whenever employed in this subchapter, shall include water uses defined as “domestic” in said Colorado River compact.
(Dec. 21, 1928, ch. 42, § 12, 45 Stat. 1064.)
heading: References in Text
text: That certain Act of Congress of the United States approved June 17, 1902, referred to in text, is act June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to chapter 12 (§ 371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 371 of this title and Tables.
The Federal Power Act, referred to in text, was in the original the “Federal Water Power Act”, which was redesignated the Federal Power Act by section 791a of Title 16, Conservation. The Federal Power Act is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables.
43 U.S.C. § 617m (PUBLIC LANDS)
§ 617m. Reclamation law applicable
This subchapter shall be deemed a supplement to the reclamation law, which said reclamation law shall govern the construction, operation, and management of the works herein authorized, except as otherwise therein provided.
(Dec. 21, 1928, ch. 42, § 14, 45 Stat. 1065.)
heading: References in Text
text: The reclamation law, referred to in text, is defined in section 617k of this title.
43 U.S.C. § 617n (PUBLIC LANDS)
§ 617n. Projects for irrigation, generation of electric power, and other purposes; investigations and reports
The Secretary of the Interior is authorized and directed to make investigation and public reports of the feasibility of projects for irrigation, generation of electric power, and other purposes in the States of Arizona, Nevada, Colorado, New Mexico, Utah, and Wyoming for the purpose of making such information available to said States and to the Congress and of formulating a comprehensive scheme of control and the improvement and utilization of the water of the Colorado River and its tributaries. The sum of $250,000 is authorized to be appropriated from said Colorado River Dam fund, created by section 617a of this title, for such purposes.
(Dec. 21, 1928, ch. 42, § 15, 45 Stat. 1065.)
43 U.S.C. § 617o (PUBLIC LANDS)
§ 617o. Officials of ratifying States; authority to act in advisory capacity; access to records
In furtherance of any comprehensive plan formulated on and after Dec. 21, 1928 for the control, improvement, and utilization of the resources of the Colorado River system and to the end that the project authorized by this subchapter may constitute and be administered as a unit in such control, improvement, and utilization, any commission or commissioner duly authorized under the laws of any ratifying State in that behalf shall have the right to act in an advisory capacity to and in cooperation with the Secretary of the Interior in the exercise of any authority under the provisions of sections 617c, 617d, and 617m of this title and shall have at all times access to records of all Federal agencies empowered to act under said sections, and shall be entitled to have copies of said records on request.
(Dec. 21, 1928, ch. 42, § 16, 45 Stat. 1065.)
43 U.S.C. § 617p (PUBLIC LANDS)
§ 617p. Claims of United States; priority
Except as provided in title 11, claims of the United States arising out of any contract authorized by this subchapter shall have priority over all others, secured or unsecured.
(Dec. 21, 1928, ch. 42, § 17, 45 Stat. 1065; Pub. L. 95–598, title III, § 332, Nov. 6, 1978, 92 Stat. 2679.)
heading: Amendments
text: 1978—Pub. L. 95–598 inserted introductory phrase “Except as provided in title 11”.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effective Dates note preceding section 101 of Title 11, Bankruptcy.
43 U.S.C. § 617q (PUBLIC LANDS)
§ 617q. Effect on authority of States to control waters within own borders
Nothing herein shall be construed as interfering with such rights as the States had on December 21, 1928, 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.
(Dec. 21, 1928, ch. 42, § 18, 45 Stat. 1065.)
43 U.S.C. § 617r (PUBLIC LANDS)
§ 617r. Consent given States to negotiate supplemental compacts for development of Colorado River
The consent of Congress is given to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into compacts or agreements, supplemental to and in conformity with the Colorado River compact and consistent with this subchapter for a comprehensive plan for the development of the Colorado River and providing for the storage, diversion, and use of the waters of said river. Any such compact or agreement may provide for the construction of dams, headworks, and other diversion works or structures for flood control, reclamation, improvement of navigation, division of water, or other purposes and/or the construction of power houses or other structures for the purpose of the development of water power and the financing of the same; and for such purposes may authorize the creation of interstate commissions and/or the creation of corporations, authorities, or other instrumentalities.
(a) Such consent is given upon condition that a representative of the United States, to be appointed by the President, shall participate in the negotiations and shall make report to Congress of the proceedings and of any compact or agreement entered into.
(b) No such compact or agreement shall be binding or obligatory upon any of such States unless and until it has been approved by the legislature of each of such States and by the Congress of the United States.
(Dec. 21, 1928, ch. 42, § 19, 45 Stat. 1065.)
43 U.S.C. § 617u (PUBLIC LANDS)
§ 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 Boulder City, Nevada, and, without prior advertising, to enter into leases therefor at not less than rates so established and for periods not exceeding 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 established by section 617a of this title.
(June 18, 1940, ch. 395, 54 Stat. 437.)
heading: Codification
text: Section was not enacted as part of the Boulder Canyon Project Act which comprises this subchapter.
heading: Boulder City Act of 1958
text: 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 corporation incorporated under laws of Nevada.
43 U.S.C. § 617v (PUBLIC LANDS)
§ 617v. Repealed. Pub. L. 85–900, § 17, Sept. 2, 1958, 72 Stat. 1735
text: 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), provided for taxation of leaseholds lying within Boulder Canyon Project Reservation and deduction of certain school taxes in Boulder City Union School District.
43 U.S.C. § 618 (PUBLIC LANDS)
§ 618. Promulgation of charges for electrical energy
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 accomplish the following purposes:
(a) To meet the cost of operation and maintenance, 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 increments 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 application to the purposes there specified.
Such charges may be made subject to revisions and adjustments at such times, to such extent, and in such manner, as by the terms of their promulgation the Secretary shall prescribe.
(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.)
heading: Amendments
text: 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 “beginning 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 advances 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 repayable prior to June 1, 1987”.
Subsec. (e). Pub. L. 98–381, § 104(a)(3), added subsec. (e).
heading: Change of Name
text: Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover Dam.
heading: Construction With Other Laws
text: 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 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.”
43 U.S.C. § 618a–1 (PUBLIC LANDS)
§ 618a–1. Availability of Colorado River Development Fund for investigation and construction purposes
The availability of appropriations from the Colorado River Development Fund for the investigation and construction of projects in any of the States of the Colorado River Basin shall not be held to forbid the expenditure of other funds for those purposes in any of those States where such funds are otherwise available therefor.
(June 1, 1948, ch. 364, § 2, 62 Stat. 285.)
heading: Codification
text: Section was not enacted as part of the Boulder Canyon Project Adjustment Act which comprises this subchapter.
43 U.S.C. § 618b (PUBLIC LANDS)
§ 618b. Reduction of payments and transfers where revenue is insufficient
If, by reason of any act of God, or of the public enemy, or any major catastrophe, or any other unforeseen and unavoidable cause, the revenues, for any year of operation, after making provision for costs of operation, maintenance, and the amount to be set aside for said year for replacements, should be insufficient to make the payments to the States of Arizona and Nevada and the transfers to the Colorado River Development Fund in this subchapter provided for, such payments and transfers shall be proportionately reduced, as the Secretary may find to be necessary by reason thereof.
(July 19, 1940, ch. 643, § 3, 54 Stat. 776.)
43 U.S.C. § 618c (PUBLIC LANDS)
§ 618c. Charges as retroactive; adjustment of accounts
(a) Upon the taking effect of this subchapter, pursuant to section 618i of this title, the charges, or the basis of computation thereof, promulgated under this subchapter, shall be applicable as from June 1, 1937, and adjustments of accounts by reason thereof, including charges by and against the United States, shall be made so that the United States and all parties that have contracted for energy, or for the privilege of generating energy, at the project, shall be placed in the same position, as nearly as may be, as determined by the Secretary, that they would have occupied had such charges, or the basis of computation thereof, and the method of operation which may be provided for under section 618h of this title, been effective on June 1, 1937: Provided, That such adjustments with contractors shall not be made in cash, but shall be made by means of credits extended over such period as the Secretary may determine.
(b) In the event payments to the States of Arizona and Nevada, or either of them, under section 618a(c) of this title, shall be reduced by reason of the collection of taxes mentioned in said section, adjustments shall be made, from time to time, with each allottee which shall have paid any such taxes, by credits or otherwise, for that proportion of the amount of such reductions which the amount of the payments of such taxes by such allottee bears to the total amount of such taxes collected.
(July 19, 1940, ch. 643, § 4, 54 Stat. 776.)
43 U.S.C. § 618d (PUBLIC LANDS)
§ 618d. Readvances from Treasury where Dam Fund is insufficient to meet cost of replacements
If at any time there shall be insufficient sums in the Colorado River Dam Fund to meet the cost of replacements, however necessitated, in addition to meeting the other requirements of this subchapter, or of regulations authorized hereby and promulgated by the Secretary, the Secretary of the Treasury, upon request of the Secretary of the Interior, shall readvance to the said fund, in amounts not exceeding, in the aggregate, moneys repaid to the Treasury pursuant to section 618a(b) of this title, the amount required for replacements, however necessitated, in excess of the amount currently available therefor in said Colorado River Dam Fund. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums, not exceeding said aggregate amount, as may be necessary to permit the Secretary of the Treasury to make such readvances. All such readvances shall bear interest.
(July 19, 1940, ch. 643, § 5, 54 Stat. 777.)
heading: Readvances to Colorado River Dam Fund; Interest Rate on Readvances
text: Pub. L. 103–316, title II, Aug. 26, 1994, 108 Stat. 1713, which provided in part that amounts required for replacement work on the Boulder Canyon Project that would require readvances to the Colorado River Dam Fund from the total appropriated for operation and maintenance of reclamation projects were to be so readvanced pursuant to this section, and that readvances after Oct. 1, 1984, were to bear a prescribed interest rate, was from the Energy and Water Development Appropriations Act, 1995, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:
Pub. L. 103–126, title II, Oct. 28, 1993, 107 Stat. 1323.
Pub. L. 102–377, title II, Oct. 2, 1992, 106 Stat. 1328.
Pub. L. 102–104, title II, Aug. 17, 1991, 105 Stat. 523.
Pub. L. 101–514, title II, Nov. 5, 1990, 104 Stat. 2084.
Pub. L. 101–101, title II, Sept. 29, 1989, 103 Stat. 653.
Pub. L. 100–371, title II, July 19, 1988, 102 Stat. 863.
Pub. L. 100–202, § 101(d) [title II], Dec. 22, 1987, 101 Stat. 1329–104, 1329–115.
Pub. L. 99–500, § 101(e) [title II], Oct. 18, 1986, 100 Stat. 1783–194, 1783–201, and Pub. L. 99–591, § 101(e) [title II], Oct. 30, 1986, 100 Stat. 3341–194, 3341–201.
Pub. L. 99–141, title II, Nov. 1, 1985, 99 Stat. 568.
43 U.S.C. § 618e (PUBLIC LANDS)
§ 618e. Interest payments; rate
Whenever by the terms of the Project Act [43 U.S.C. 617 et seq.] or this subchapter payment of interest is provided for, and whenever interest shall enter into any computation thereunder, such interest shall be computed at the rate of 3 per centum per annum, compounded annually: Provided, That the respective rates of interest on appropriated funds advanced for the visitor facilities program, as described in section 619(a) of this title, shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period of the program during the month preceding the fiscal year in which the costs of the program are incurred. To the extent that more than one interest rate is determined pursuant to the preceding sentence, the Secretary of the Treasury shall establish for repayment purposes an interest rate at a weighted average of the rates so determined.
(July 19, 1940, ch. 643, § 6, 54 Stat. 777; Pub. L. 98–381, title I, § 104(a)(5), Aug. 17, 1984, 98 Stat. 1335.)
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
heading: Amendments
text: 1984—Pub. L. 98–381 inserted proviso relating to rates of interest on appropriated funds advanced for visitors’ facilities program.
43 U.S.C. § 618f (PUBLIC LANDS)
§ 618f. Repayment of advances for flood control
The first $25,000,000 of advances made to the Colorado River Dam Fund for the project shall be deemed to be the sum allocated to flood control by section 617a(b) of this title and repayment thereof shall be deferred without interest until June 1, 1987, after which time such advances so allocated to flood control shall be repayable to the Treasury as the Congress shall determine.
(July 19, 1940, ch. 643, § 7, 54 Stat. 777.)
43 U.S.C. § 618g (PUBLIC LANDS)
§ 618g. Regulations; contracts; modification of allotments of energy
The Secretary is authorized from time to time to promulgate such regulations and enter into such contracts as he may find necessary or appropriate for carrying out the purposes of this subchapter and the Project Act [43 U.S.C. 617 et seq.], as modified hereby, and, by mutual consent, to terminate or modify any such contract: Provided, however, That no allotment of energy 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.)
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
43 U.S.C. § 618h (PUBLIC LANDS)
§ 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, directly 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 existing 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 revocable or terminable; and (c) that suits or proceedings to restrain the termination of any such agency contract, otherwise than as therein provided, or for other appropriate equitable relief or remedies, may be maintained against the Secretary. Suits or other court proceedings pursuant to the foregoing provisions may be maintained in, and jurisdiction to hear and determine such suits or proceedings and to grant such relief or remedies is conferred upon, the United States District Court for the District of Columbia, 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.)
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
heading: Change of Name
text: “United States District Court for the District of Columbia” substituted in text for “the district court of the United States for the District of Columbia” on authority 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.