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<br />..... ~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />8/16/99 USBR Staff Draft <br /> <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 203(a) or 203(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 />(I) Of the total revenues received by the Secretary, that portion which is <br />attributable to the component of charges whieh 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 />requires a different disposition of revenues, in which event such statute shall prevail over this <br />title, all remaining revenues shall be covered into the reclamation fund created by section I of the <br />Act of June 17, 1902 (43 U.S.C. g391), and credited to the project involved in, and only in, the <br />following manner. Notwithstanding the Act of August 1 1,1939 (16 U.s.C. gg590y - 590z-10), <br />revenues derived from the use of excess facilities capacity in projects constructed pursuant to the <br />said act shall be credited to the project involved in accordance with this paragraph (3). <br /> <br />(A) If reimbursable construction costs are outstanding at the time revenues are <br />received, then all remaining revenues shaIl be credited against such reimbursable costs in <br />such manner as the Secretary deems just and equitable as to the project contractors <br />involved; Provided, however, that the revenues so credited shall not be applied so as to <br />reduce the amount of the current annual payments due to the Secretary from the project <br />contractors or any other parties which are responsible for paying outstanding <br />reimbursable construction costs. <br /> <br />(B) If no reimbursable construction costs are outstanding at the time revenues are <br />received, then all remaining revenues shaIl be accumulated to the credit of the project <br />involved and such credits shall be, if and when Congress appropriates monies in the <br /> <br />5 <br />