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<br />~ ' <br /> <br />entered into a contract pursuant to this title for the use of excess capacity, then: <br /> <br />(1) Unless otherwise determined by the Secretary, such project contractor or other <br />party may establish charges for use of excess capacity which reflect the project contractor's or <br />other party's actual and reasonable operation. maintenance, and replacement costs for diverting, <br />storing, impounding, pumping, or conveying non-project water in and through the Reclamation <br />project facilities involved, and <br /> <br />(2) The Secretary shall also establish such charges for the use of excess capacity <br />as he or she deems appropriate, which charges may consist of, but not be limited to, the same <br />components as are set forth in subsection (a) ofthis section, except that the Secretary may not <br />include in his or her charge the costs of operation, maintenance, and replacement which are being <br />charged by a project contractor or other party pursuant to clause (i) of this subsection (b). <br /> <br />(c) All charges established pursuant to this section shall be just and equitable as to the <br />project contractors which receive project water from the Reclamation project facilities involved. <br />The ability of the Secretary to charge interest shall be governed by Section 9(c) of the 1939 <br />Reclamation Act, 53 Stat. 1194, U.S.C. g485h(c) and the authorizing legislation of the project <br />involved and 9 204 of this title. <br /> <br />Section 203. Disposition of Revenues Arising from Charges for the Use of Excess Capacity <br /> <br />(a) All charges established by a project contractor or other party pursuant to section <br />202(b )(i) shall. unless otherwise determined by the Secretary, be paid by the person or by the <br />agency or entity, private or public, which contracts for the use of excess capacity directly to such <br />project contractor or other party, not to the Secretary, at such times and in such manner as the <br />project contractor or other party may direct. <br /> <br />(b) All charges established by the Secretary pursuant to sections 202(a) or 202(b)(ii) <br />shall be paid by the person or by the agency or entity, private or public, which contracts for the <br />use of excess capacity at such times and in such manner as the Secretary may direct, which may <br />include the designation by the Secretary of a project contractor or other party as the Secretary's <br />fiscal agent. <br /> <br />(1) Of the total revenues received by the Secretary, that portion which is <br />attributable to the component of charges which reflects interest on the costs of constructing the <br />Reclamation project facilities involved shall be credited to the General Fund of the United States <br />Treasury. <br /> <br />(2) Of the total revenues received by the Secretary, that portion which is <br />attributable to the component of charges which reflects the cost of operating, maintaining, and <br />replacing the Reclamation project facilities involved shall be credited against the operation, <br />maintenance, and replacement costs incurred by the Secretary for diverting, storing, impounding, <br />pumping, or conveying non-project water in and through the Reclamation project facilities <br />involved. <br /> <br />(3) Unless the authorizing legislation for the project involved specifically <br /> <br />5 <br />