890
Operation and maintenance costs.
PUBLIC LAW 90-537-SEPT. 30, 1968
[82 STAT.
augmenting the Lower Colorado River Basin Development F m i d: Provided, That nothing in this section or in this Act contained shall be construed to authorize the study or construction of any dams on the main stream of the Colorado River between Hoover Dam and Glen Canyon Dam. (b) If included as a part of the recommended plan, the Secretary may enter into agreements with non-Federal interests proposing to construct thermal generating powerplants whereby the United States shall acquire the right to such portions of their capacity, including delivery of power and energy over appurtenant transmission facilities to mutually agreed upon delivery points, as he determines is required in connection with the operation of the Central Arizona Project. When not required for the Central Arizona Project, the power and energy acquired by such agreements may be disposed of intermittently by the Secretary for other purposes at such prices as he may determine, including its marketing in conjunction with the sale of power and energy from Federal powerplants in the Colorado River system so as to produce the greatest practicable amount of power and energy that can be sold at firm power and energy rates. The agreements shall provide, among other things, that— (1) the United States shall pay not more than that portion of the total construction cost, exclusive of interest during construction, of the powerplants, and of any switchyards and transmission facilities serving the United States, as is represented by the ratios of the resf)ective capacities to be pix)vided for the United States therein to the total capacities of such facilities. The Secretary shall make the Feileral portion of such costs available to the nonFederal interests during the construction period, including the period of preparation of designs and specifications, in such installments as will facilitate a timely construction schedule, but no funds other than for preconstruction activities shall be made available by the Secretary until he determines that adequate contractual arrangements have been entered into betwe^en all the aifected parties covering land, waiter, fuel supplies, power (its availablity and use), rights-of-way, transmission facilities and all other necessary matters for the thermal generating powerplants; (2) aiuiual Operation and maintenance costs shall be apportioued betweeu the United States and the non-Federal interests •
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on an equitable basis taking into account the ratios determined m accordance with the foregoing clause (1): Provided, liowever^ That the Ignited States shall share on the foregoing basis in the depreciation component of such costs only to the extent of provision for depreciation on replacements financed by the nonFederal interests; (3) the United States shall be given appropriate credit for any interests in P'ederal lands administered by the Department of the Interior that are made available for the powerplants and appurtenances; (4) costs to be borne by the United States under clauses (1) and (2) shall not include (a) inteirest and interest during construction, (b) financing charges, (c) franchise fees, and (d) such other costs as shall be specified in the agreement. Recommendations (Q) N O later than oiic year from the effective date of this Act, the ongress. Secretary shall submit his recommended plan to the Congress. Except as authorized by subsection (b) of this section, such plan shall not become effective until approved by the Congress, apportionment of ^^^ ^^ ^^Y t^^^mal generating plant referred to in subsection (b) of diverted water. this section is located in Arizona, and if it is served by water diverted from the drainage area of the Colorado River system above Lee Ferry,
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