§ 618a. — Receipts from project; disposition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC618a]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER II--BOULDER CANYON PROJECT ADJUSTMENT ACT
Sec. 618a. Receipts from project; disposition
All receipts from the project shall be paid into the Colorado River
Dam Fund and shall be available, without further appropriation, for:
(a) Defraying operating expenses
Defraying the costs of operation (including purchase of supplemental
energy to meet temporary deficiencies in firm energy which the Secretary
of Energy is obligated by contract to supply), maintenance and
replacements of, and emergency expenditures for, all facilities of the
project, within such separate limitations as may be included in annual
appropriations Acts;
(b) Repayment of cost of construction
Repayment to the Treasury, with interest (after making provision for
the payments and transfers provided in subdivisions (c) and (d) of this
section), of advances to the Colorado River Dam Fund for the
construction of the project (excluding the amount allocated to flood
control by section 2(b) of the Project Act [43 U.S.C. 617a(b)]), and any
readvances made to said fund under section 618d of this title; and
(c) Commutation payments to Arizona and Nevada
Payment subject to the provisions of section 618b of this title, in
commutation of the payments now provided for the States of Arizona and
Nevada in section 4(b) of the Project Act [43 U.S.C. 617c(b)] to each of
said States of the sum of $300,000 for each year of operation, beginning
with the year of operation ending May 31, 1938, and continuing annually
thereafter until and including the year of operation ending May 31,
1987, and such payments for any year of operation which shall have
expired at the time when this subdivision shall become effective shall
be due immediately, and be paid, without interest, as expeditiously as
administration of this subchapter will permit, and each such payment for
subsequent years of operation shall be made on or before July 31,
following the close of the year of operation for which it is made. All
such payments shall be made from revenues received on and after July 19,
1940 in the Colorado River Dam Fund.
Notwithstanding the foregoing provisions of this subsection, in the
event that there are levied and collected by or under authority of
Arizona or Nevada or by any lawful taxing political subdivision thereof,
taxes upon--
(i) the project as herein defined;
(ii) the electrical energy generated at Hoover Dam by means of
facilities, machinery, or equipment both owned and operated by the
United States, or owned by the United States and operated under
contract with the United States;
(iii) the privilege of generating or transforming such
electrical energy or of use of such facilities, machinery, or
equipment or of falling water for such generation or transforming;
or
(iv) the transmission or control of such electrical energy so
generated or transformed (as distinguished from the transmission
lines and other physical properties used for such transmission or
control) or the use of such transmission lines or other physical
properties for such transmission or control,
payments made hereunder to the State by or under the authority of which
such taxes are collected shall be reduced by an amount equivalent to
such taxes. Nothing herein shall in anywise impair the right of either
the State of Arizona or the State of Nevada, or any lawful taxing
political subdivision of either of them, to collect non-discriminatory
taxes upon that portion of the transmission lines and all other physical
properties, situated within such State and such political subdivision,
respectively, and belonging to any of the lessees and/or allottees under
the Project Act [43 U.S.C. 617 et seq.] and/or under this subchapter,
and nothing herein shall exempt or be construed so as to exempt any such
property from nondiscriminatory taxation, all in the manner provided by
the constitution and laws of such State. Sums, if any, received by each
State under the provisions of the Project Act [43 U.S.C. 617 et seq.]
shall be deducted from the first payment or payments to said State
authorized by this subchapter. Payments under this subsection shall be
deemed contractual obligations of the United States, subject to the
provisions of section 618b of this title.
(d) Transfer of sums to Colorado River Development Fund; expenditure of
fund
Transfer, subject to the provisions of section 618b of this title,
from the Colorado River Dam Fund to a special fund in the Treasury,
established and designated the ``Colorado River Development Fund'', of
the sum of $500,000 for the year of operation ending May 31, 1938, and
the like sum of $500,000 for each year of operation thereafter, until
and including the year of operation ending May 31. 1987. The transfer of
the said sum of $500,000 for each year of operation shall be made on or
before July 31 next following the close of the year of operation for
which it is made: Provided, That any such transfer for any year of
operation which shall have ended at the time this subsection shall
become effective, shall be made, without interest, from revenues
received in the Colorado River Dam Fund, as expeditiously as
administration of this subchapter will permit, and without readvances
from the general funds of the Treasury. Receipts of the Colorado River
Development Fund for the years of operation ending in 1938, 1939, and
1940 (or in the event of reduced receipts during any of said years, due
to adjustments under section 618b of this title, then the first receipts
of said fund up to $1,500,000), are authorized to be appropriated only
for the continuation and extension, under the direction of the
Secretary, of studies and investigations by the Bureau of Reclamation
for the formulation of a comprehensive plan for the utilization of
waters of the Colorado River system for irrigation, electrical power,
and other purposes, in the States of the upper division and the States
of the lower division, including studies of quantity and quality of
water and all other relevant factors. The next such receipts up to and
including the receipts for the year of operation ending in 1955 are
authorized to be appropriated only for the investigation and
construction of projects for such utilization in and equitably
distributed among the four States of the upper division: Provided,
however, That in view of distributions heretofore made, and in order to
expedite the development and utilization of water projects within all of
the States of the upper division, the distribution of such funds for use
in the fiscal years 1949 to 1955, shall be on a basis which is as nearly
equal as practicable. Such receipts for the years of operation ending in
1956 to 1987, inclusive, are authorized to be appropriated for the
investigation and construction of projects for such utilization in and
equitably distributed among the States of the upper division and the
States of the lower division. The terms ``Colorado River system'',
``States of the upper division'', and ``States of the lower division''
as so used shall have the respective meanings defined in the Colorado
River compact mentioned in the Project Act [43 U.S.C. 617 et seq.]. Such
projects shall be only such as are found by the Secretary to be
physically feasible, economically justified, and consistent with such
formulation of a comprehensive plan. Nothing in this subchapter shall be
construed so as to prevent the authorization and construction of any
such projects prior to the completion of said plan of comprehensive
development; nor shall this subchapter be construed as affecting the
right of any State to proceed independently of this subchapter or its
provisions with the investigation or construction of any project or
projects. Transfers under this subsection shall be deemed contractual
obligations of the United States, subject to the provisions of section
618b of this title.
(e) Transfer to Lower Colorado River Basin Development Fund
Transfer to the Lower Colorado River Basin Development Fund
established by title IV of the Colorado River Basin Project Act of 1968,
as amended and supplemented [43 U.S.C. 1541 et seq.], of the revenues
referred to in section 618(e) of this title.
(July 19, 1940, ch. 643, Sec. 2, 54 Stat. 774; Apr. 30, 1947, ch. 46, 61
Stat. 56; May 14, 1948, ch. 292, 62 Stat. 235; June 1, 1948, ch. 364,
Sec. 1, 62 Stat. 284; Pub. L. 98-381, title I, Sec. 104(a)(4), Aug. 17,
1984, 98 Stat. 1334.)
References in Text
The Project Act, referred to in text, is defined in section 618k of
this title.
The Colorado River Basin Project Act, referred to in subd. (e), is
Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is
classified principally to chapter 32 (Sec. 1501 et seq.) of this title.
Title IV of the Act is classified to subchapter IV (Sec. 1541 et seq.)
of chapter 32 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1501 of this title
and Tables.
Amendments
1984--Pub. L. 98-381, Sec. 104(a)(4)(i), amended introductory
provisions generally, inserting ``, without further appropriation,''
after ``available''.
Subd. (a). Pub. L. 98-381, Sec. 104(a)(4)(i), substituted
``Defraying the costs of operation (including purchase of supplemental
energy to meet temporary deficiencies in firm energy which the Secretary
of Energy is obligated by contract to supply), maintenance and
replacements of, and emergency expenditures for, all facilities of the
project, within such separate limitations as may be included in annual
appropriations Acts;'' for ``Annual appropriation for the operation,
maintenance, and replacements of the project, including emergency
replacements necessary to insure continuous operations;''.
Subd. (e). Pub. L. 98-381, Sec. 104(a)(4)(ii), substituted
provisions relating to the transfer of funds to the Lower Colorado River
Basin Development Fund for provisions which had made available receipts
from the project paid into the Colorado River Dam Fund, for annual
appropriation for fiscal years 1948 to 1951 for payment to Boulder City
School District as reimbursement for pupil instructions not exceeding
$65 per semester per pupil.
1948--Subd. (d). Act June 1, 1948, inserted proviso to fourth
sentence to provide for distribution of receipts for fiscal years 1949
to 1955, inclusive.
Subd. (e). Act May 14, 1948, added subd. (e).
Change of Name
Act Apr. 30, 1947, changed name of Boulder Dam back to Hoover Dam.
Section Referred to in Other Sections
This section is referred to in sections 618, 618c, 618d, 620d-1,
1543 of this title.
