§ 1543. — Lower Colorado River Basin Development Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1543]
TITLE 43--PUBLIC LANDS
CHAPTER 32--COLORADO RIVER BASIN PROJECT
SUBCHAPTER IV--LOWER COLORADO RIVER BASIN DEVELOPMENT FUND
Sec. 1543. Lower Colorado River Basin Development Fund
(a) Establishment
There is hereby established a separate fund in the Treasury of the
United States to be known as the Lower Colorado River Basin Development
Fund (hereafter called the ``development fund''), which shall remain
available until expended as hereafter provided.
(b) Appropriations
(1) All appropriations made for the purpose of carrying out the
provisions of subchapter III of this chapter shall be credited to the
development fund as advances from the general fund of the Treasury, and
shall be available for such purpose.
(2) Except as provided in section 1528(b) of this title, sums
advanced by non-Federal entities for the purpose of carrying out the
provisions of subchapter III of this chapter shall be credited to the
development fund and shall be available without further appropriation
for such purpose.
(c) Revenues credited to fund
There shall also be credited to the development fund--
(1) all revenues collected in connection with the operation of
facilities authorized in subchapter III of this chapter in
furtherance of the purposes of this chapter (except entrance,
admission, and other recreation fees or charges and proceeds
received from recreation concessionaires), until completion of
repayment requirements of the Central Arizona project;
(2) any Federal revenues from the Boulder Canyon and Parker-
Davis projects which, after completion of repayment requirements of
the said Boulder Canyon and Parker-Davis projects, are surplus, as
determined by the Secretary, to the operation, maintenance, and
replacement requirements of those projects: Provided, however, That
for the Boulder Canyon project commencing June 1, 1987, and for the
Parker-Davis project commencing June 1, 2005, and until the end of
the repayment period for the Central Arizona project described in
section 1521(a) of this title, the Secretary of Energy shall provide
for surplus revenues by including the equivalent of 4\1/2\ mills per
kilowatthour in the rates charged to purchasers in Arizona for
application to the purposes specified in subsection (f) of this
section and by including the equivalent 2\1/2\ mills per
kilowatthour in the rates charged to purchasers in California and
Nevada for application to the purposes of subsection (g) of this
section as amended and supplemented: Provided further, That after
the repayment period for said Central Arizona project, the
equivalent of 2\1/2\ mills per kilowatthour shall be included by the
Secretary of Energy in the rates charged to purchasers in Arizona,
California, and Nevada to provide revenues for application to the
purposes of said subsection (g) of this section: Provided, however,
That the Secretary is authorized and directed to continue the in-
lieu-of-tax payments to the States of Arizona and Nevada provided
for in section 618a(c) of this title so long as revenues accrue from
the operation of the Boulder Canyon project; and
(3) any Federal revenues from that portion of the Pacific
Northwest-Pacific Southwest intertie located in the States of Nevada
and Arizona which, after completion of repayment requirements of the
said part of the Pacific Northwest-Pacific Southwest intertie
located in the States of Nevada and Arizona, are surplus, as
determined by the Secretary, to the operation, maintenance, and
replacement requirements of said portion of the Pacific Northwest-
Pacific Southwest intertie and related facilities.
(d) Use of revenue funds
All moneys collected and credited to the development fund pursuant
to subsection (b) and clauses (1) and (3) of subsection (c) of this
section and the portion of revenues derived from the sale of power and
energy for use in Arizona pursuant to clause (2) of subsection (c) of
this section shall be available, without further appropriation, for--
(1) defraying the costs of operation, maintenance, and
replacements of, and emergency expenditures for, all facilities of
the projects, within such separate limitations as may be included in
annual appropriation Acts; and
(2) payments to reimburse water users in the State of Arizona
for losses sustained as a result of diminution of the production of
hydroelectric power at Coolidge Dam, Arizona, resulting from
exchanges of water between users in the States of Arizona and New
Mexico as set forth in section 1524(f) of this title.
(e) Appropriation by Congress required for construction of works
Revenues credited to the development fund shall not be available for
construction of the works comprised within any unit of the project
herein or hereafter authorized except upon appropriation by the
Congress.
(f) Return of costs and interest
Moneys credited to the development fund pursuant to subsection (b)
and clauses (1) and (3) of subsection (c) of this section and the
portion of revenues derived from the sale of power and energy for use in
Arizona pursuant to clause (2) of subsection (c) of this section in
excess of the amount necessary to meet the requirements of clauses (1)
and (2) of subsection (d) of this section shall be paid annually to the
general fund of the Treasury to return--
(1) the costs of each unit of the projects or separable feature
thereof authorized pursuant to subchapter III of this chapter which
are allocated to irrigation, commercial power, or municipal and
industrial water supply, pursuant to this chapter within a period
not exceeding fifty years from the date of completion of each such
unit or separable feature, exclusive of any development period
authorized by law: Provided, That return of the cost, if any,
required by section 616aa-1 of this title shall not be made until
after the payout period of the Central Arizona Project as authorized
herein; and
(2) interest (including interest during construction) on the
unamortized balance of the investment in the commercial power and
municipal and industrial water supply features of the project at a
rate determined by the Secretary of the Treasury in accordance with
the provisions of subsection (h) of this section, and interest due
shall be a first charge.
(g) Repayment of costs
All revenues credited to the development fund in accordance with
clause (c)(2) of this section (excluding only those revenues derived
from the sale of power and energy for use in Arizona during the payout
period of the Central Arizona Project as authorized herein) and such
other revenues as remain in the development fund after making the
payments required by subsections (d) and (f) of this section shall be
available (1) to make payments, if any, as required by sections 616aa-1
and 620d-1 of this title, (2) for repayment to the general fund of the
Treasury the costs of each salinity control unit or separable feature
thereof \1\ the costs of measures to replace incidental fish and
wildlife values foregone, and the costs of on-farm measures payable from
the Lower Colorado River Basin Development Fund in accordance with
sections 1595(a)(2), 1595(a)(3), and 1595(b) of this title and (3) upon
appropriation by the Congress, to assist in the repayment of
reimbursable costs incurred in connection with units hereafter
constructed to provide for the augmentation of the water supplies of the
Colorado River for use below Lee Ferry as may be authorized as a result
of the investigations and recommendations made pursuant to sections 1511
and 1513(a) of this title.
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\1\ So in original. Probably should be followed by a comma.
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(h) Interest rate
The interest rate applicable to those portions of the reimbursable
costs of each unit of the project which are properly allocated to
commercial power development and municipal and industrial water supply
shall be determined by the Secretary of the Treasury, as of the
beginning of the fiscal year in which the first advance is made for
initiating construction of such unit, on the basis of the computed
average interest rate payable by the Treasury upon its outstanding
marketable public obligations which are neither due nor callable for
redemption for fifteen years from the date of issue.
(i) Annual budgets; submission to Congress
Business-type budgets shall be submitted to the Congress annually
for all operations financed by the development fund.
(Pub. L. 90-537, title IV, Sec. 403, Sept. 30, 1968, 82 Stat. 894; Pub.
L. 93-320, title II, Sec. 205(b)(2), June 24, 1974, 88 Stat. 273; Pub.
L. 98-381, title I, Sec. 102, Aug. 17, 1984, 98 Stat. 1333; Pub. L. 98-
569, Sec. 4(f)(2), Oct. 30, 1984, 98 Stat. 2939.)
Amendments
1984--Subsec. (b). Pub. L. 98-381, Sec. 102(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c)(1). Pub. L. 98-381, Sec. 102(b), substituted ``, until
completion of repayment requirements of the Central Arizona project.''
for ``including revenues which, after completion of payout of the
Central Arizona Project as required herein are surplus, as determined by
the Secretary, to the operation, maintenance, and replacement
requirements of said project;''.
Subsec. (c)(2). Pub. L. 98-381, Sec. 102(c), inserted two provisos,
the first relating to the inclusion of the equivalent of 4\1/2\ mills
per kilowatthour in the rates charged to purchasers in Arizona for
application to the purposes specified in subsection (f) of this section
and to the inclusion of the equivalent 2\1/2\ mills per kilowatthour in
the rates charged to purchasers in California and Nevada for application
to the purposes of subsection (g) of this section as amended and
supplemented, and the second providing that, after the repayment period
for said Central Arizona project, the equivalent of 2\1/2\ mills per
kilowatthour shall be included by the Secretary of Energy in the rates
charged to purchasers in Arizona, California, and Nevada to provide
revenues for application to the purposes of said subsection (g) of this
section.
Subsec. (g). Pub. L. 98-569 inserted ``the costs of measures to
replace incidental fish and wildlife values foregone, and the costs of
on-farm measures'' before ``payable from''.
1974--Subsec. (g). Pub. L. 93-320 added cl. (2). Existing cl. (2),
authorizing the use of revenues to assist in the repayment of
reimbursable costs incurred in connection with units constructed after
Sept. 30, 1968, to provide for the augmentation of water supplies of the
Colorado River for use below Lee Ferry, redesignated (3).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section 6
of Pub. L. 98-569, set out as a note under section 1591 of this title.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in which a
report required under subsec. (i) of this section is listed as the 7th
item on page 114), see section 3003 of Pub. L. 104-66, as amended, and
section 1(a)(4) [div. A, Sec. 1402(1)] of Pub. L. 106-554, set out as
notes under section 1113 of Title 31, Money and Finance.
Payment From Development Fund to General Fund of Treasury
Pub. L. 107-66, title II, Sec. 204, Nov. 12, 2001, 115 Stat. 500,
provided that:
``(a) In general.--Notwithstanding section 403(f) of the Colorado
River Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the general fund
of the Treasury until each provision of the Stipulation Regarding a Stay
and for Ultimate Judgment Upon the Satisfaction of Conditions, filed in
United States district court on May 3, 2000, in Central Arizona Water
Conservation District v. United States (No. CIV 95-625-TUC-WDB (EHC),
No. CIV 95-1720-OHX-EHC (Consolidated Action)) is met.
``(b) Payment to general fund.--If any of the provisions of the
stipulation referred to in subsection (a) are not met by the date that
is 3 years after the date of enactment of this Act [Nov. 12, 2001],
payments to the general fund of the Treasury shall resume in accordance
with section 403(f) of the Colorado River Basin Project Act (43 U.S.C.
1543(f)).
``(c) Authorization.--Amounts in the Lower Colorado River Basin
Development Fund that but for this section would be returned to the
general fund of the Treasury shall not be expended until further Act of
Congress.''
Section Referred to in Other Sections
This section is referred to in sections 618, 620d-1, 1521, 1525,
1528, 1595, 1597 of this title.
