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43 U.S.C. § 392aPayment into reclamation fund of receipts from irrigation projects; transfer of power revenues to General Treasury after repayment of construction costs

submitted 88 years ago by ch. 187 to r/title-43-PUBLIC-LANDS · 220 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says money from federal irrigation projects must go into the reclamation fund. Once a project's power revenue has paid off its construction costs, later power profits go to the general Treasury instead. It also protects the Boulder Canyon Project Act and excludes Office of Indian Affairs irrigation projects.

All money the United States receives from irrigation projects — including any related power production — that the Secretary of the Interior built through the Bureau of Reclamation using federal money, must be deposited into the reclamation fund. That is the general rule, unless a law or contract already says that revenue should benefit the people who use water from that project. The first proviso: once a project's power revenues have fully repaid the part of construction costs assigned to power, and the United States no longer needs that money to meet its contract obligations, things change. From then on, after each fiscal year ends, the project's net power revenue goes to the General Treasury instead of the reclamation fund, recorded as "miscellaneous receipts." The second proviso: nothing in this section changes the Boulder Canyon Project Act, and this section does not apply to irrigation projects run by the Office of Indian Affairs.
the actual law source: uscode.house.gov ↗public domain

All moneys received by the United States in connection with any irrigation projects, including the incidental power features thereof, constructed by the Secretary of the Interior through the Bureau of Reclamation, and financed in whole or in part with moneys heretofore or hereafter appropriated or allocated therefor by the Federal Government, shall be covered into the reclamation fund, except in cases where provision has been made by law or contract for the use of such revenues for the benefit of users of water from such project: Provided, That after the net revenues derived from the sale of power developed in connection with any of said projects shall have repaid those construction costs of such project allocated to power to be repaid by power revenues therefrom and shall no longer be required to meet the contractual obligations of the United States, then said net revenues derived from the sale of power developed in connection with such project shall, after the close of each fiscal year, be transferred to and covered into the General Treasury as “miscellaneous receipts”: Provided further, That nothing in this section shall be construed to amend the Boulder Canyon Project Act (45 Stat. 1057), as amended [43 U.S.C. 617 et seq.], or to apply to irrigation projects of the Office of Indian Affairs.

Source credit: (May 9, 1938, ch. 187, 52 Stat. 322.)

history & why it existsrecord from the source credit
  • 1938Enacted · Act of May 9, 1938, ch. 187 · 52 Stat. 322

A history note hasn’t been published yet. The record shows enactment by ch. 187 on 1938-05-09.

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