Authorization and availability
section 620g of this titleThere 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 .
Crediting of appropriations
section 620g of this titleAll appropriations made for the purpose of carrying out the provisions of this chapter, other than shall be credited to the Basin Fund as advances from the general fund of the Treasury.
Crediting and availability of revenues
ProvidedAll 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: , 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
Apportionment of excess revenues among States
ProvidedRevenues 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: , 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.
section 620e of this titlesection 620c of this title61 Stat. 18163 Stat. 277Revenues 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 , 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 ; (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 (); and (3) costs in connection with the irrigation features of the Eden project as specified in the Act of ().
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.
Apr. 11, 1956, ch. 203, § 570 Stat. 107Pub. L. 86–529, § 974 Stat. 227Pub. L. 87–483, § 1876 Stat. 102Pub. L. 93–320, title II, § 205(d)88 Stat. 273Pub. L. 98–569, § 4(h)98 Stat. 2939(, ; (part), , ; , , ; , , ; , , .)
Editorial Notes
References in Text
act June 25, 1947, ch. 14861 Stat. 181Act of , referred to in subsec. (e), is , , which authorized the construction, operation, and maintenance of the Paonia Federal reclamation project, Colorado, and which is not classified to the Code.
act June 28, 1949, ch. 25563 Stat. 277Act of , referred to in subsec. (e), is , , which authorized the completion of construction and development of the Eden project, Wyoming, and which is not classified to the Code.
Amendments
Pub. L. 98–5691984—Subsec. (d)(5). inserted “, the costs of measures to replace incidental fish and wildlife values foregone, and the costs of the on-farm measures” before “payable”.
Pub. L. 93–3201974—Subsec. (d)(5). added par. (5).
Pub. L. 87–4831962—Subsec. (e). substituted “hereafter” for “hereinafter” in proviso in first par.
Pub. L. 86–5291960—Subsec. (f). 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
Pub. L. 98–569section 6 of Pub. L. 98–569section 1591 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1960 Amendment
Pub. L. 86–529, § 974 Stat. 227, , , provided that the amendment made by section 9 is effective .
Termination of Reporting Requirements
section 3003 of Pub. L. 104–66Pub. L. 106–554section 1113 of Title 31For 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 , as amended, and section 1(a)(4) [div. A, § 1402(1)] of , set out as notes under , Money and Finance.