§ 620d. — Upper Colorado River Basin 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: 43USC620d]
TITLE 43--PUBLIC LANDS
CHAPTER 12B--COLORADO RIVER STORAGE PROJECT
Sec. 620d. Upper Colorado River Basin Fund
(a) Authorization and availability
There is authorized a separate fund in the Treasury of the United
States to be known as the Upper Colorado River Basin Fund (hereinafter
referred to as the Basin Fund), which shall remain available until
expended, as hereafter provided, for carrying out provisions of this
chapter other than section 620g of this title.
(b) Crediting of appropriations
All appropriations made for the purpose of carrying out the
provisions of this chapter, other than section 620g of this title shall
be credited to the Basin Fund as advances from the general fund of the
Treasury.
(c) Crediting and availability of revenues
All revenues collected in connection with the operation of the
Colorado River storage project and participating projects shall be
credited to the Basin Fund, and 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 Colorado River storage project and participating projects, within
such separate limitations as may be included in annual appropriation
acts: Provided, That with respect to each participating project, such
costs shall be paid from revenues received from each such project; (2)
payment as required by subsection (d) of this section; and (3) payment
as required by subsection (e) of this section. Revenues credited to the
Basin Fund shall not be available for appropriation for construction of
the units and participating projects authorized by or pursuant to this
chapter.
(d) Payments of revenues in excess of operating needs to Treasury
Revenues in the Basin Fund in excess of operating needs shall be
paid annually to the general fund of the Treasury to return--
(1) the costs of each unit, participating project, or any
separable feature thereof which are allocated to power pursuant to
section 620e of this title, within a period not exceeding fifty
years from the date of completion of such unit, participating
project, or separable feature thereof;
(2) the costs of each unit, participating project, or any
separable feature thereof which are allocated to municipal water
supply pursuant to section 620e of this title, within a period not
exceeding fifty years from the date of completion of such unit,
participating project, or separable feature thereof;
(3) interest on the unamortized balance of the investment
(including interest during construction) in the power and municipal
water supply features of each unit, participating project, or any
separable feature thereof, at a rate determined by the Secretary of
the Treasury as provided in subsection (f) of this section, and
interest due shall be a first charge;
(4) the costs of each storage unit which are allocated to
irrigation pursuant to section 620e of this title within a period
not exceeding fifty years; and
(5) the costs of each salinity control unit or separable feature
thereof, the costs of measures to replace incidental fish and
wildlife values foregone, and the costs of the on-farm measures
payable from the Upper Colorado River Basin Fund in accordance with
sections 1595(a)(2), 1595(a)(3), and 1595(c) of this title.
(e) Apportionment of excess revenues among States
Revenues in the Basin Fund in excess of the amounts needed to meet
the requirements of clause (1) of subsection (c) of this section, and to
return to the general fund of the Treasury the costs set out in
subsection (d) of this section, shall be apportioned among the States of
the Upper Division in the following percentages: Colorado, 46 per
centum; Utah, 21.5 per centum; Wyoming, 15.5 per centum; and New Mexico,
17 per centum: Provided, That prior to the application of such
percentages, all revenues remaining in the Basin Fund from each
participating project (or part thereof), herein or hereafter authorized,
after payments, where applicable, with respect to such projects, to the
general fund of the Treasury under subparagraphs (1), (2), and (3) of
subsection (d) of this section shall be apportioned to the State in
which such participating project, or part thereof, is located.
Revenues so apportioned to each State shall be used only for the
repayment of construction costs of participating projects or parts of
such projects in the State to which such revenues are apportioned and
shall not be used for such purpose in any other State without the
consent, as expressed through its legally constituted authority, of the
State to which such revenues are apportioned. Subject to such
requirement, there shall be paid annually into the general fund of the
Treasury from the revenues apportioned to each State (1) the costs of
each participating project herein authorized (except Paonia) or any
separable feature thereof, which are allocated to irrigation pursuant to
section 620e of this title, within a period not exceeding fifty years,
in addition to any development period authorized by law, from the date
of completion of such participating project or separable feature
thereof, or, in the case of Indian lands, payment in accordance with
section 620c of this title; (2) costs of the Paonia project, which are
beyond the ability of the water users to repay, within a period
prescribed in the Act of June 25, 1947 (61 Stat. 181); and (3) costs in
connection with the irrigation features of the Eden project as specified
in the Act of June 28, 1949 (63 Stat. 277).
(f) Determination of interest rate
The interest rate applicable to each unit of the storage project and
each participating project for purposes of computing interest during
construction and interest on the unpaid balance shall be determined by
the Secretary of the Treasury, as of the beginning of the fiscal year in
which construction is initiated, 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.
(g) Budget to be submitted to Congress
Business-type budgets shall be submitted to the Congress annually
for all operations financed by the Basin Fund.
(Apr. 11, 1956, ch. 203, Sec. 5, 70 Stat. 107; Pub. L. 86-529, Sec. 9
(part), June 27, 1960, 74 Stat. 227; Pub. L. 87-483, Sec. 18, June 13,
1962, 76 Stat. 102; Pub. L. 93-320, title II, Sec. 205(d), June 24,
1974, 88 Stat. 273; Pub. L. 98-569, Sec. 4(h), Oct. 30, 1984, 98 Stat.
2939.)
References in Text
Act of June 25, 1947, referred to in subsec. (e), is act June 25,
1947, ch. 148, 61 Stat. 181, which authorized the construction,
operation, and maintenance of the Paonia Federal reclamation project,
Colorado, and which is not classified to the Code.
Act of June 28, 1949, referred to in subsec. (e), is act June 28,
1949, ch. 255, 63 Stat. 277, which authorized the completion of
construction and development of the Eden project, Wyoming, and which is
not classified to the Code.
Amendments
1984--Subsec. (d)(5). Pub. L. 98-569 inserted ``, the costs of
measures to replace incidental fish and wildlife values foregone, and
the costs of the on-farm measures'' before ``payable''.
1974--Subsec. (d)(5). Pub. L. 93-320 added par. (5).
1962--Subsec. (e). Pub. L. 87-483 substituted ``hereafter'' for
``hereinafter'' in proviso in first par.
1960--Subsec. (f). Pub. L. 86-529 required Secretary, for purposes
of computing interest during construction and interest on unpaid
balance, to determine interest rate as of beginning of fiscal year in
which construction is initiated, on basis of 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 date of issue.
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.
Effective Date of 1960 Amendment
Section 9 of Pub. L. 86-529 provided that the amendment made by that
section is effective June 1, 1960.
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. (g) of this section is listed as the 8th
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.
Section Referred to in Other Sections
This section is referred to in sections 620d-1, 1595, 1597 of this
title.
