43 U.S.C. § 618a : US Code - Section 618A: Receipts from project; disposition

Search 43 U.S.C. § 618a : US Code - Section 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.