dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
heading: References in Text
text: The reclamation law, referred to in text, is defined in section 617k of this title.
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: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–598 inserted introductory phrase “Except as provided in title 11”.
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Boulder Canyon Project Act which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Boulder Canyon Project Adjustment Act which comprises this subchapter.
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
heading: Statutory Notes and Related Subsidiaries
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.
43 U.S.C. § 618i (PUBLIC LANDS)
§ 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 execution 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 purposes 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 authorized 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 contracts (1) consenting to such operation, and (2) containing such other provisions as the Secretary may deem necessary or proper for carrying 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 periods provided for in regulations heretofore promulgated by the Secretary and in effect on July 19, 1940.
If contracts in accordance with the requirements of this section shall not have been entered into prior to June 1, 1941, this subchapter shall cease to be operative and shall be of no further force or effect.
(July 19, 1940, ch. 643, § 10, 54 Stat. 778; Apr. 30, 1947, ch. 46, 61 Stat. 56.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Hoover Power Plant” substituted in text for “Boulder Power Plant” on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam.
43 U.S.C. § 618j (PUBLIC LANDS)
§ 618j. Effect of refusal to modify existing contracts
Any contractor for energy from the project failing or refusing to execute a contract modifying 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 subchapter had not been passed, and so far as necessary 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 notwithstanding.
(July 19, 1940, ch. 643, § 11, 54 Stat. 778.)
heading: Editorial Notes
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
43 U.S.C. § 618k (PUBLIC LANDS)
§ 618k. Definitions
The following terms wherever used in this subchapter 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 Secretary and in effect on July 19, 1940;
“Replacements” shall mean such replacements 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 public 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 calendar 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.)
heading: Editorial Notes
heading: References in Text
text: The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified generally to subchapter I (§ 617 et seq.) of this chapter. For complete classification of this Act to the Code, see section 617t of this title and Tables.
heading: Amendments
text: 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”.
43 U.S.C. § 618m (PUBLIC LANDS)
§ 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 thereunder, shall in anywise affect, limit, or prejudice 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.)
heading: Editorial Notes
heading: References in Text
text: The Project Act, referred to in text, is defined in section 618k of this title.
43 U.S.C. § 618n (PUBLIC LANDS)
§ 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 compensation for work of a similar nature prevailing in the locality of the project. In the event any dispute arises as to what are the prevailing rates, the determination thereof shall be made by the Secretary of the Interior, and his decision, subject 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.)
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Hoover Dam” substituted in text for “Boulder Dam” on authority of act Apr. 30, 1947, which changed name of Boulder Dam to Hoover Dam.
43 U.S.C. § 618p (PUBLIC LANDS)
§ 618p. Omitted
heading: Editorial Notes
heading: Codification
text: Section, act Oct. 12, 1949, ch. 680, title I, § 101, in part, 63 Stat. 784, related to reports to Congressional appropriations 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.
43 U.S.C. § 620a–1 (PUBLIC LANDS)
§ 620a–1. Construction of participating projects to be concurrent with Central Arizona Project
The Secretary is directed to proceed as nearly as practicable with the construction of the Animas-La Plata, Dolores, Dallas Creek, West Divide, and San Miguel participating Federal reclamation projects concurrently with the construction of the Central Arizona Project, to the end that such projects shall be completed not later than the date of the first delivery of water from said Central Arizona Project: Provided, That an appropriate repayment contract for each of said participating projects shall have been executed as provided in section 620c of this title before construction shall start on that particular project.
(Pub. L. 90–537, title V, § 501(b), Sept. 30, 1968, 82 Stat. 897.)
heading: Editorial Notes
heading: Codification
text: Section consists of subsec. (b) of section 501 of Pub. L. 90–537. Subsecs. (a), (d), and (e) of section 501 are classified to sections 620, 620 note, 620a, 620a–2, 620c–1, and 620k note of this title. Subsec. (c) and (f) of section 501 are not classified to the Code.
Section was enacted as part of the Colorado River Basin Project Act, and not as part of act Apr. 11, 1956, popularly known as the Colorado River Storage Project Act, which comprises this chapter.