§ 600c. — Nonreimbursable costs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC600c]
TITLE 43--PUBLIC LANDS
CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
SUBCHAPTER XVII--LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY
Sec. 600c. Nonreimbursable costs
(a) Construction, operation, and maintenance costs
Notwithstanding any recommendations in the report mentioned in
section 600b of this title to the contrary, only the costs of
construction allocable to flood control and, upon approval by the
President of a suitable plan thereof, to the preservation and
propagation of fish and wildlife, and operation and maintenance costs
allocable to the same purposes, shall be nonreimbursable.
(b) Conditions precedent to construction
Actual construction of the project herein authorized shall not be
commenced, and no construction contract awarded therefor, until (1) the
Congress shall have consented to the interstate compact between the
States of New Mexico, Oklahoma, and Texas agreed upon by the Canadian
River Compact Commission at Santa Fe, New Mexico, December 6, 1950, in
conformity with Public Law 491, Eighty-first Congress, and (2) repayment
of that portion of the actual cost of constructing the project which is
allocated to municipal and industrial water supply and of interest on
the unamortized balance thereof at a rate (which rate shall be certified
by the Secretary of the Treasury) equal to the average rate paid by the
United States on its long-term loans outstanding at the time the
repayment contract is negotiated minus the amount of such net revenues
as may be derived from temporary water supply contracts or from other
sources prior to the close of the repayment period, shall have been
assured by a contract satisfactory to the Secretary, with one central
repayment contract organization, the term of which shall not exceed
fifty years from the date of completion of the municipal and industrial
water supply features of the project as determined by the Secretary.
(c) Repayment contract
The repayment contract shall provide, among other things, (1) that
the holder thereof shall have a first right, to which right the rights
of the holders of any other type of contract shall be subordinate, to a
stated share or quantity of the project's available water supply for use
by its constituent industrial and municipal water users during the
repayment period and a permanent right to such share or quantity
thereafter subject to payment of such costs as may be incurred by the
United States in its operation and maintenance of any part of the
project works; (2) that, subject to such rules and regulations as the
Secretary may prescribe, the care, operation, and maintenance of such
portions of the pipeline and related facilities as are used solely for
delivering such water to the contract holder and its constituent
organizations shall, as soon as is practicable after completion of the
municipal and industrial water supply features of the project, pass to
the contract holder or to an organization which is designated by it for
that purpose and which is satisfactory to the Secretary; and (3) that
title to such portions of the pipeline and related facilities shall in
like manner pass to the contract holder or its designee or designees
upon payment to the United States of all obligations arising under
sections 600b and 600c of this title or incurred in connection with the
project.
(Dec. 29, 1950, ch. 1183, Sec. 2, 64 Stat. 1124.)
References in Text
Public Law 491, Eighty-first Congress, referred to in subsec. (b),
is act Apr. 29, 1950, ch. 135, 64 Stat. 93, which is set out as a note
below.
Consent of Congress to Compact
Act Apr. 29, 1950, ch. 135, 64 Stat. 93, provided: ``That the
consent of the Congress is hereby given to the States of Oklahoma,
Texas, and New Mexico to negotiate and enter into a compact not later
than June 30, 1953, providing for an equitable apportionment among the
said States of the waters of the Canadian River and its tributaries,
upon the condition that one suitable person, who shall be appointed by
the President of the United States, shall participate in said
negotiations as the representative of the United States and shall make
report to the Congress of the proceedings and of any compact entered
into. Said compact shall not be binding or obligatory upon any of the
parties thereto unless and until the same shall have been ratified by
the legislature of each of the States aforesaid and approved by the
Congress of the United States.''
Section Referred to in Other Sections
This section is referred to in sections 600b, 600d of this title;
title 16 section 460eee-1.
