Page:United States Statutes at Large Volume 54 Part 1.djvu/812

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PUBLIC LAWS-CH. 643 -JULY 19, 1940 designated as the agents of the United States for the operation of said power plant; (b) that (except by mutual consent or in accordance with such provisions for termination for default as may be specified therein) such agency contract shall not be revocable or terminable; and (c) that suits or proceedings to restrain the termination of any such agency contract, otherwise than as therein provided, or for other appropriate equitable relief or remedies, may be maintained against Court jurisdiction. the Secretary. Suits or other court proceedings pursuant to the fore- going provisions may be maintained in, and jurisdiction to hear and determine such suits or proceedings and to grant such relief or reme- dies is hereby conferred upon, the District Court of the United States for the District of Columbia, with the like right of appeal or review as in other like suits or proceedings in said court. The Secretary is hereby authorized to act for the United States in such arbitration proceedings. AEfective date of SEC. 10. This Act shall be effective immediately for the purpose of the promulgation of charges, or the basis of computation thereof, and the execution of contracts authorized by the terms of this Act, but neither such charges, nor the basis of computation thereof, nor any such contract, shall be effective unless and until this Act shall be effective for all purposes. This Act shall take effect for all purposes when, but not before, the Secretary shall have found that provision has been made for the termination of the existing lease of the Boulder Power Plant and for the operation thereof as authorized by section 9 hereof, and that allottees obligated under contracts in force on the date of enactment of this Act to pay for at least 90 per centum of the firm energy shall have entered into contracts (1) consenting to such operation, and (2) containing such other provi- sions as the Secretary may deem necessary or proper for carrying out the purposes of this Act. For purposes of this section such 90 per centum shall be computed as of the end of the absorption periods pro- vided for in regulations heretofore promulgated by the Secretary and in effect at the time of the enactment of this Act. eAct to beomenop- If contracts in accordance with the requirements of this section erative ifspecified con- tracts not entered shall not have been entered into prior to June 1, 1941, this Act shall into. cease to be operative and shall be of no further force or effect. Refusal etc., ofcon- SEC. 11. Any contractor for energy from the project failing or molifying contract, refusing to execute a contract modifying its existing contract to con- eect form to this Act shall continue to pay the rates and charges provided for in its existing contract, subject to such periodic readjustments as are therein provided, in all respects as if this Act had not been passed, at 10 and so far as necessary to support such existing contract all of the 43 U. S.T . i 617- provisions of the Project Act shall remain in effect, anything in this 617t. Act inconsistent therewith notwithstanding. Definitions. SEC. 12. The following terms wherever used in this Act shall have the following respective meanings: "Project Act." "Project Act" shall mean the Boulder Canyon Project Act; "Project." "Project" shall mean the works authorized by the Project Act to be constructed and owned by the United States, exclusive of the main canal and appurtenances mentioned therein, now known as the All- American Canal; "Secretary." Secretary" shall mean the Secretary of the Interior of the United States; Firmenergy," " a "Firm energy" and "allottees" shall have the meaning assigned to such terms in regulations heretofore promulgated by the Secretary and in effect at the time of the enactment of this Act; "Replacements" shall mean such replacements as may be necessarv to keep the project in good operating condition during the period 778 [54 STAT.