§ 618h. — Termination of existing lease of Hoover Power Plant; lessees as agents of United States; termination of agency.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC618h]
TITLE 43--PUBLIC LANDS
CHAPTER 12A--BOULDER CANYON PROJECT
SUBCHAPTER II--BOULDER CANYON PROJECT ADJUSTMENT ACT
Sec. 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, Sec. 9, 54 Stat. 777; Apr. 30, 1947, ch. 46, 61
Stat. 56; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24,
1949, ch. 139, Sec. 127, 63 Stat. 107.)
References in Text
The Project Act, referred to in text, is defined in section 618k of
this title.
Change of Name
``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.
Section Referred to in Other Sections
This section is referred to in sections 618c, 618i of this title.
