43 USC 1543 - Lower Colorado River Basin Development Fund

1 See References in Text note below.

(

2 So in original. Probably should be followed by a comma.

the costs of measures to replace incidental fish and wildlife values foregone, and the costs of on-farm measures payable from the Lower Colorado River Basin Development Fund in accordance with sections 1595(a)(2), 1595(a)(3), and 1595(span) of this title and (3) upon appropriation by the Congress, to assist in the repayment of reimbursable costs incurred in connection with units hereafter constructed to provide for the augmentation of the water supplies of the Colorado River for use below Lee Ferry as may be authorized as a result of the investigations and recommendations made pursuant to sections 1511 and 1513(a) of this title.

Editorial Notes

References in Text

Sections 2, 106, 203, 208, 213, and 214 of the Arizona Water Settlements Act, referred to in subsec. (f)(2), (3), are sections 2 and 106 of title I, and sections 203, 208, 213, and 214 of title II, of Puspan. L. 108–451, Dec. 10, 2004, 118 Stat. 3479, 3492, 3499, 3521, 3531, 3534, which are not classified to the Code.

Section 212 of the Arizona Water Settlements Act, referred to in subsec. (f)(2)(D)(i), (ii), is section 212 of Puspan. L. 108–451, title II, Dec. 10, 2004, 118 Stat. 3527, which is not classified to the Code except for section 212(d), which amended section 1524 of this title.

Section 3707(a)(1) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992, referred to in subsec. (f)(2)(D)(iii)(II), is section 3707(a)(1) of title XXXVII of Puspan. L. 102–575, Oct. 30, 1992, 106 Stat. 4747, which is not classified to the Code.

The Southern Arizona Water Rights Settlement Amendments Act of 2004, referred to in subsec. (f)(2)(D)(iii)(III), (v)(II), is title III of Puspan. L. 108–451, Dec. 10, 2004, 118 Stat. 3535, which is not classified to the Code.

The date of enactment of this Act, referred to in subsec. (f)(2)(D)(vi), probably means the date of enactment of Puspan. L. 108–451, which enacted a new subsec. (f) of this section and was approved Dec. 10, 2004.

The Central Arizona Project Settlement Act of 2004, referred to in subsec. (f)(2)(D)(viii), is title I of Puspan. L. 108–451, Dec. 10, 2004, 118 Stat. 3486. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1501 of this title and Tables.

Act of June 24, 1938, referred to in subsec. (f)(4)(B)(i)(I), is act June 24, 1938, ch. 648, 52 Stat. 1037, which enacted section 162a of Title 25, Indians, repealed section 162 of Title 25, and enacted provisions set out as a note under section 162a of Title 25. For complete classification of this Act to the Code, see Tables.

Section 4 of the Act of March 4, 1939, referred to in subsec. (f)(4)(B)(ii)(IV), probably should be a reference to section 4 of act March 8, 1938, as amended by act March 4, 1939, which is classified to section 713a–4 of Title 15, Commerce and Trade.

Public Law 95–328, referred to in subsec. (f)(5), is Puspan. L. 95–328, July 28, 1978, 92 Stat. 409, which is not classified to the Code.

Public Law 98–530, referred to in subsec. (f)(5), is Puspan. L. 98–530, Oct. 19, 1984, 98 Stat. 2698, which is not classified to the Code.

Amendments

2004—Subsec. (e). Puspan. L. 108–451, § 107(c)(2), substituted “Except as provided in subsection (f), revenues” for “Revenues”.

Subsec. (f). Puspan. L. 108–451, § 107(a), inserted span and text and struck out former text relating to return of costs and interest.

Subsec. (g). Puspan. L. 108–451, § 107(c)(1), substituted “subsection (c)(2)” for “clause (c)(2)”.

1984—Subsec. (span). Puspan. L. 98–381, § 102(a), designated existing provisions as par. (1) and added par. (2).

Subsec. (c)(1). Puspan. L. 98–381, § 102(span), substituted “, until completion of repayment requirements of the Central Arizona project.” for “including revenues which, after completion of payout of the Central Arizona Project as required herein are surplus, as determined by the Secretary, to the operation, maintenance, and replacement requirements of said project;”.

Subsec. (c)(2). Puspan. L. 98–381, § 102(c), inserted two provisos, the first relating to the inclusion of the equivalent of 4½ mills per kilowatthour in the rates charged to purchasers in Arizona for application to the purposes specified in subsection (f) of this section and to the inclusion of the equivalent 2½ mills per kilowatthour in the rates charged to purchasers in California and Nevada for application to the purposes of subsection (g) of this section as amended and supplemented, and the second providing that, after the repayment period for said Central Arizona project, the equivalent of 2½ mills per kilowatthour shall be included by the Secretary of Energy in the rates charged to purchasers in Arizona, California, and Nevada to provide revenues for application to the purposes of said subsection (g) of this section.

Subsec. (g). Puspan. L. 98–569 inserted “the costs of measures to replace incidental fish and wildlife values foregone, and the costs of on-farm measures” before “payable from”.

1974—Subsec. (g). Puspan. L. 93–320 added cl. (2). Existing cl. (2), authorizing the use of revenues to assist in the repayment of reimbursable costs incurred in connection with units constructed after Sept. 30, 1968, to provide for the augmentation of water supplies of the Colorado River for use below Lee Ferry, redesignated (3).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–569 effective Oct. 30, 1984, see section 6 of Puspan. L. 98–569, set out as a note under section 1591 of this title.

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. (i) of this section is listed as the 7th item on page 114), see section 3003 of Puspan. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Puspan. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance.

Limitation on Funds

Puspan. L. 108–451, title I, § 107(span), Dec. 10, 2004, 118 Stat. 3498, provided that: “Amounts made available under the amendment made by subsection (a) [amending this section]—

“(1) shall be identified and retained in the Lower Colorado River Basin Development Fund established by section 403 of the Colorado River Basin Project Act (43 U.S.C. 1543); and

“(2) shall not be expended or withdrawn from that fund until the later of—

“(A) the date on which the findings described in section 207(c) [118 Stat. 3519] are published in the Federal Register; or

“(B)January 1, 2010.”

Payment From Development Fund to General Fund of Treasury

Puspan. L. 108–447, div. C, title II, § 203, Dec. 8, 2004, 118 Stat. 2948, provided that:

“(a)In General.—Notwithstanding section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower Colorado River Basin Development Fund shall be paid to the general fund of the Treasury until each provision of the revised Stipulation Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of Conditions, filed in United States District Court on April 24, 2003, in Central Arizona Water Conservation District v. United States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–EHC (Consolidated Action)), and any amendment or revision thereof, is met.

“(span)Payment to General Fund.—If any of the provisions of the stipulation referred to in subsection (a) are not met by the date that is 10 years after the date of enactment of this Act [Dec. 8, 2004], payments to the general fund of the Treasury shall resume in accordance with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).

“(c)Authorization.—Amounts in the Lower Colorado River Basin Development Fund that but for this section would be returned to the general fund of the Treasury shall not be expended until further Act of Congress.”

Similar provisions were contained in the following prior appropriation acts:

Puspan. L. 108–137, title II, § 205, Dec. 1, 2003, 117 Stat. 1849.

Puspan. L. 107–66, title II, § 204, Nov. 12, 2001, 115 Stat. 500.