§ 617e. — Uses to be made of dam and reservoir; title in whom; leases, regulations; limitation on authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC617e]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER I--BOULDER CANYON PROJECT ACT
Sec. 617e. Uses to be made of dam and reservoir; title in whom;
leases, regulations; limitation on authority
The dam and reservoir provided for by section 617 of this title
shall be used: First, for river regulation, improvement of navigation,
and flood control; second, for irrigation and domestic uses and
satisfaction of present perfected rights in pursuance of Article VIII of
said Colorado River compact; and third, for power. The title to said
dam, reservoir, plant, and incidental works shall forever remain in the
United States, and the United States shall, until otherwise provided by
Congress, control, manage, and operate the same, except as herein
otherwise provided: Provided, however, That the Secretary of the
Interior may, in his discretion, enter into contracts of lease of a unit
or units of any Government-built plant, with right to generate
electrical energy, or alternatively, to enter into contracts of lease
for the use of water for the generation of electrical energy as herein
provided, in either of which events the provisions of section 617d of
this title relating to revenue, term, renewals, determination of
conflicting applications, and joint use of transmission lines under
contracts for the sale of electrical energy, shall apply.
The Secretary of the Interior shall prescribe and enforce rules and
regulations conforming with the requirements of the Federal Power Act
[16 U.S.C. 791a et seq.], so far as applicable, respecting maintenance
of works in condition of repair adequate for their efficient operation,
maintenance of a system of accounting, control of rates and service in
the absence of State regulation or interstate agreement, valuation for
rate-making purposes, transfers of contracts, contracts extending beyond
the lease period, expropriation of excessive profits, recapture and/or
emergency use by the United States of property of lessees, and penalties
for enforcing regulations made under this subchapter or penalizing
failure to comply with such regulations or with the provisions of this
subchapter. He shall also conform with other provisions of the Federal
Power Act and of the rules and regulations of the Federal Power
Commission, which have been devised or which may be hereafter devised,
for the protection of the investor and consumer.
The Federal Power Commission is directed not to issue or approve any
permits or licenses under said Federal Power Act [16 U.S.C. 791a et
seq.] upon or affecting the Colorado River or any of its tributaries,
except the Gila River, in the States of Colorado, Wyoming, Utah, New
Mexico, Nevada, Arizona, and California until this subchapter shall
become effective as provided in sections 617c of this title.
(Dec. 21, 1928, ch. 42, Sec. 6, 45 Stat. 1061.)
References in Text
The Federal Power Act, referred to in text, which was in the
original the ``Federal Water Power Act'', is defined in section 617k of
this title. For further details, see note set out under section 617k of
this title.
Transfer of Functions
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to Federal Energy Regulatory Commission)
by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The
Public Health and Welfare.
Executive and administrative functions of Federal Power Commission,
with certain reservations, transferred to Chairman of Commission, with
authority vested in him to authorize their performance by any officer,
employee, or administrative unit under his jurisdiction, by Reorg. Plan
No. 9 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat.
1265, set out in the Appendix to Title 5, Government Organization and
Employees.
