Title 43 — Public Lands
Chapter 12B — Colorado River Storage Project
§ 620d. Upper Colorado River Basin Fund
Statutory text
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.
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.
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.
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—
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;
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;
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), and interest due shall be a first charge;
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
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.
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 (61 Stat. 181); and (3) costs in connection with the irrigation features of the Eden project as specified in the Act of (63 Stat. 277).
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.
Budget to be submitted to Congress
Business-type budgets shall be submitted to the Congress annually for all operations financed by the Basin Fund.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107 · 70 Stat. 107
Enacted · 43 U.S.C. § 620d
Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107
Source evidence
Code source credit
Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107Pub. L. 86–529 § 9 · 74 Stat. 225
Changed · 43 U.S.C. § 620d(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 9. Section 5(f) of the Act entitled “An Act to authorize the Secretary of the Interior to construct, operate, and maintain the Colorado River storage project and participating projects, and for other purposes”, approved April 11, 1956 (70 Stat. 109), is amended 43 USC 620d. Interest rate. effective June 1, 1960, to read as follows: “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.”Pub. L. 87–483 § 18 · 76 Stat. 96
Substituted · 43 U.S.C. § 620d(e)
Pub. L. 87–483 substituted “hereafter” for “hereinafter” in proviso in first par
Source evidence
Code amendment note
Subsec. (e). Pub. L. 87–483 substituted “hereafter” for “hereinafter” in proviso in first par.Enacted provision · exact public law section
Sec. 18. The Act of April 11, 1956, as amended, is hereby further amended as follows: (i) In section 1, subsection (2), after the words “Central Utah (initial phase)” delete the colon and insert in lieu thereof a comma and the words “San Juan-Chama (initial stage),” and after the word “Lyman” insert the words “Navajo Indian,”; (ii) in section 2 delete the words “San Juan-Chama, Navajo,” from the first sentence; (iii) in section 5, subsection (e), in the phrase “herein or hereinafter authorized” delete the word “hereinafter” and insert in lieu thereof the word “hereafter”; (iv) in section 7 in the phrase “and any contract lawfully entered unto under said compacts and Acts” delete the word “unto” and insert in lieu thereof the word “into”.Pub. L. 93–320 title II § 205(d) · 88 Stat. 266
Added · 43 U.S.C. § 620d(d)(5)
Pub. L. 93–320 added par. (5)
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 93–320 added par. (5).Enacted provision · exact public law section
(d) Section 5(d) of the Colorado River Storage Project Act (70 Stat. 108) is hereby amended as follows: strike the word “and” at the 43 USC 620d. end of paragraph (3); strike the period after the word “years” at the end of paragraph (4) and insert a semicolon in lieu thereof followed by the word “and”; add a new paragraph (5) reading: “(5) the costs of each salinity control unit or separable feature thereof payable from the Upper Colorado River Basin Fund in accordance with sections 205(a)(2), 205(a)(3), and 205(c) of the Colorado River Salinity Control Act.”.Pub. L. 98–569 § 4(h) · 98 Stat. 2933
Inserted · 43 U.S.C. § 620d(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(h) Section 5(d)(5) of the Colorado River Storage Project Act (43 U.S.C. 620d(d)(5)) is amended by inserting “, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures” before “payable”.Effective date note
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.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Act of , 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 , 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.
Amendments1960–1984 · 4 rounds
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.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–569 effective , see section 6 of Pub. L. 98–569, set out as a note under section 1591 of this title.
Effective Date of 1960 Amendment
Pub. L. 86–529, § 9, , 74 Stat. 227, provided that the amendment made by section 9 is effective .
Termination of Reporting Requirements
For termination, effective , 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, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.
Credits
1956–1984 · 5 acts
- 1956Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107
- 1960Pub. L. 86–529, § 9 (part), , 74 Stat. 227
- 1962Pub. L. 87–483, § 18, , 76 Stat. 102
- 1974Pub. L. 93–320, title II, § 205(d), , 88 Stat. 273
- 1984Pub. L. 98–569, § 4(h), , 98 Stat. 2939.
Show as published
(Apr. 11, 1956, ch. 203, § 5, 70 Stat. 107; Pub. L. 86–529, § 9 (part), , 74 Stat. 227; Pub. L. 87–483, § 18, , 76 Stat. 102; Pub. L. 93–320, title II, § 205(d), , 88 Stat. 273; Pub. L. 98–569, § 4(h), , 98 Stat. 2939.)