43 U.S.C. § 1595 | Salinity control units; authority and functions of the Secretary of the Interior

(a)

Allocation of costs

section 1592(c) of this title section 1592(a) of this titleThe Secretary shall allocate the total costs (excluding costs borne by non-Federal participants) of the on-farm measures authorized by , of all measures to replace incidental fish and wildlife values foregone, and of each unit or separable feature thereof authorized by , as follows:

(1)

Nonreimbursable costs; reimbursable costs.—

(A)

Nonreimbursable costs.—

(i)

In general .—

33 U.S.C. 1251In recognition of Federal responsibility for the Colorado River as an interstate stream and for international comity with Mexico, Federal ownership of the land of the Colorado River Basin from which most of the dissolved salts originate, and the policy established in the Federal Water Pollution Control Act ( et seq.) and except as provided in clause (ii), the following shall be nonreimbursable:

(I)

section 1592(a)(1) of this title 75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by , including 90 percent of—

(aa)

the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and

(bb)

the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.

(II)

section 1592(a)(2) of this title 75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by , including 100 percent of—

(aa)

the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and

(bb)

the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.

(III)

section 1592(a)(3) of this title 75 percent of the total costs of construction, operation, maintenance, and replacement of each unit or separable feature of a unit authorized by , including 75 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.

(IV)

section 1592(a) of this title 70 percent of the total costs of construction, operation, maintenance, and replacement of each unit or separable feature of a unit authorized by paragraphs (4) and (6) of , including 70 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.

(V)

section 1592(a)(5) of this title 70 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by , including 100 percent of—

(aa)

the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and

(bb)

the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.

(VI)

section 1592(c) of this title 85 percent of the total costs of implementation of the on-farm measures authorized by , including 85 percent of the total costs of the associated measures to replace incidental fish and wildlife values foregone.

(ii)

Special rule for nonreimbursable costs for fiscal years 2024 and 2025 .—

Notwithstanding clause (i), for each of fiscal years 2024 and 2025, the following shall be nonreimbursable:

(I)

75 percent of all costs described in clause (i)(I).

(II)

75 percent of all costs described in clause (i)(II).

(III)

70 percent of all costs described in clause (i)(V).

(IV)

The percentages of all costs described in subclauses (III), (IV), and (VI) of clause (i).

(B)

Reimbursable costs .—

The total costs remaining after the allocations under clauses (i) and (ii) of subparagraph (A) shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5).

(2)

70 Stat. 107 43 U.S.C. 620d(a)section 1543(a) of this title section 1594(a) of this title The reimbursable portion of the total costs shall be allocated between the Upper Colorado River Basin Fund established by section 5(a) of the Colorado River Storage Project Act () [] and the Lower Colorado River Basin Development Fund established by , after consultation with the Advisory Council created in and consideration of the following items:

(i)

benefits to be derived in each basin from the use of water of improved quality and the use of works for improved water management;

(ii)

causes of salinity; and

(iii)

section 620d(d)(5) of this titleProvided availability of revenues in the Lower Colorado River Basin Development Fund and increased revenues to the Upper Colorado River Basin Fund made available under : , That costs allocated to the Upper Colorado River Basin Fund under this paragraph (2) shall not exceed 15 per centum of the costs allocated to the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund.

(3)

1 So in original. Probably should be “section”.

1 Costs of construction and replacement of each unit or separable feature thereof authorized by sections  1592(a)(1), (2), and (3) of this title and costs of construction of measures to replace incidental fish and wildlife values foregone, when such measures are a part of the units authorized by sections  1592(a)(1), (2), and (3) of this title, allocated to the upper basin and to the lower basin under subsection (a)(2) shall be repaid within a fifty-year period or within a period equal to the estimated life of the unit, separable feature thereof, or replacement, whichever is less, without interest from the date such unit, separable feature, or replacement is determined by the Secretary to be in operation.

(4)

(i)

2 So in original. Probably should be section “1592(a)”.

section 1592(c) of this title 2 section 1592(c) of this title Costs of construction and replacement of each unit or separable feature thereof authorized by paragraphs (4) through (6) of section 1592  of this title, costs of construction of measures to replace incidental fish and wildlife values foregone, when such measures are a part of the on-farm measures authorized by or of the units authorized by paragraphs (4) through (6) of section 1592  of this title, and costs of implementation of the on-farm measures authorized by allocated to the upper basin and to the lower basin under subsection (a)(2) shall be repaid as provided in subparagraphs (ii) and (iii), respectively, of this paragraph.

(ii)

Costs allocated to the upper basin shall be repaid with interest within a fifty-year period, or within a period equal to the estimated life of the unit, separable feature thereof, replacement, or on-farm measure, whichever is less, from the date such unit, separable feature thereof, replacement, or on-farm measure is determined by the Secretary or the Secretary of Agriculture to be in operation.

(iii)

Costs allocated to the lower basin shall be repaid without interest as such costs are incurred to the extent that money is available from the Lower Colorado River Basin development fund to repay costs allocated to the lower basin. If in any fiscal year the money available from the Lower Colorado River Basin development fund for such repayment is insufficient to repay the costs allocated to the lower basin, as provided in the preceding sentence, the deficiency shall be repaid with interest as soon as money becomes available in the fund for repayment of those costs.

(iv)

October 30, 1984October 30, 1984 The interest rates used pursuant to this chapter shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period during the month preceding , for costs outstanding at that date, or, in the case of costs incurred subsequent to , during the month preceding the fiscal year in which the costs are incurred.

(5)

section 1592(a) of this title 3

3 So in original.

section 1592(b)(2) of this title Costs of operation and maintenance of each unit or separable feature thereof authorized by and of measures to replace incidental fish and wildlife values foregone allocated to the upper basin and to the lower basin under subsection (a)(2) shall be repaid without interest in the fiscal year next succeeding the fiscal year in which such costs are incurred. In the event that revenues are not available to repay the portion of operation and maintenance costs allocated to the Upper Colorado River Basin fund and to the Lower Colorado River Basin development fund in the year next succeeding the fiscal year in which such costs are incurred, the deficiency shall be repayed  with interest calculated in the same manner as provided in subsection (a)(4)(iv). Any reimbursement due non-Federal entities pursuant to shall be repaid without interest in the fiscal year next succeeding the fiscal year in which such operation and maintenance costs are incurred.

(b)

Costs payable from Lower Colorado River Basin Development Fund

(1)

In general .—

section 1592(a) of this title section 1592(c) of this title section 1543(g)(2) of this titleCosts of construction, operation, maintenance, and replacement of each unit or separable feature thereof authorized by , costs of construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and costs of implementation of the on-farm measures authorized by , allocated for repayment by the lower basin under subsection (a)(2) shall be paid in accordance with , from the Lower Colorado River Basin Development Fund.

(2)

Omitted

(c)

Costs payable from Upper Colorado River Basin Fund

section 1592(a) of this title section 1592(c) of this title section 620d(d)(5) of this titleCosts of construction, operation, maintenance, and replacement of each unit or separable feature thereof authorized by , costs of construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and costs of implementation of the on-farm measures authorized by allocated for repayment by the upper basin under subsection (a)(2) shall be paid in accordance with from the Upper Colorado River Basin Fund within the limit of the funds made available under subsection (e).

(d)

Omitted

(e)

Upward adjustment of rates for electrical energy

70 Stat. 105 43 U.S.C. 620ProvidedThe Secretary is authorized to make upward adjustments in rates charged for electrical energy under all contracts administered by the Secretary under the Colorado River Storage Project Act (; ) as soon as practicable and to the extent necessary to cover the costs allocated to the Upper Colorado River Basin Fund under subsection (a)(2) and in conformity with subsection (a)(3), subsection (a)(4) and subsection (a)(5): , That revenues derived from said rate adjustments shall be available solely for the construction, operation, maintenance, and replacement of salinity control units, for the construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and for the implementation of on-farm measures in the Colorado River Basin herein authorized.

(f)

Up-front cost share

(1)

In general

Effective beginning on the date of enactment of this paragraph, subject to paragraph (3), the cost share obligations required by this section shall be met through an up-front cost share from the Basin Funds, in the same proportions as the cost allocations required under subsection (a), as provided in paragraph (2).

(2)

Basin States Program

section 1592(a)(7) of this titleThe Secretary shall expend the required cost share funds described in paragraph (1) through the Basin States Program for salinity control activities established under .

(3)

Existing salinity control activities

The cost share contribution required by this section shall continue to be met through repayment in a manner consistent with this section for all salinity control activities for which repayment was commenced prior to the date of enactment of this paragraph.

Pub. L. 93–320, title II, § 205June 24, 197488 Stat. 272 Pub. L. 98–569, § 4(a)Oct. 30, 198498 Stat. 2937–2939 Pub. L. 104–20, § 1(2)July 28, 1995109 Stat. 255 Pub. L. 104–127, title III, § 336(c)(2)Apr. 4, 1996110 Stat. 1006 Pub. L. 110–234, title II, § 2806(b)(2)May 22, 2008122 Stat. 1090 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 118–183, § 2Dec. 23, 2024138 Stat. 2625(, , ; –(f)(1), (g), (i), , ; , , ; , , ; , , ; , title II, § 2806(b)(2), , , 1818; , , .)

Editorial Notes

References in Text

act June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 816 section 1251 of Title 33The Federal Water Pollution Control Act, referred to in subsec. (a)(1)(A)(i), is , as amended generally by , , , which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Section 1543(g)(2) of this title section 205(b)(2) of this title section 205(b)(2) of title II of Pub. L. 93–320 section 1543(g)(2) of this title, referred to in subsec. (b)(1), was in the original a reference to “”, meaning . Such section 205(b)(2) amended section 403(g) of the Colorado River Basin Project Act by inserting a new cl. (2), which is classified to .

Section 620d(d)(5) of this title section 205(d) of this title section 205(d) of title II of Pub. L. 93–320 section 620d(d)(5) of this title, referred to in subsec. (c), was in the original a reference to “”, meaning . Such section 205(d) amended section 5(d) of the Colorado River Storage Project Act by inserting a new par. (5), which is classified to .

act Apr. 11, 1956, ch. 203 70 Stat. 105 section 620 of this titleThe Colorado River Storage Project Act, referred to in subsec. (e), is , , which is classified generally to chapter 12B (§ 620 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 110–246June 18, 2008The date of enactment of this paragraph, referred to in subsec. (f)(1), (3), is the date of enactment of , which was approved .

Codification

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

section 205 of Pub. L. 93–320 section 205 of Pub. L. 93–320Section is comprised of . Subsecs. (b)(2) and (d) of amended sections 1543 and 620d, respectively, of this title.

Amendments

Pub. L. 118–183, § 2(1)2024—, inserted section catchline.

Pub. L. 118–183, § 2(1)Subsec. (a). , inserted heading.

Pub. L. 118–183, § 2(2)Subsec. (a)(1). , added par. (1) and struck out former par. (1) which described various nonreimbursable and reimbursable costs.

Pub. L. 118–183, § 2(3)Subsec. (b). , inserted subsec. and par. (1) headings.

Pub. L. 118–183, § 2(4)Subsec. (c). , inserted heading.

Pub. L. 118–183, § 2(5)Subsec. (e). , inserted heading.

Pub. L. 110–246, § 2806(b)(2)2008—Subsec. (f). , added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Secretary may expend funds available in the Basin Funds referred to in this section to carry out cost-share salinity measures in a manner that is consistent with the cost allocations required under this section.”

Pub. L. 104–127, § 336(c)(2)(A)section 1592(c)(2)(C) of this title1996—Subsec. (a). , struck out “pursuant to ” after “non-Federal participants” in introductory provisions.

Pub. L. 104–127, § 336(c)(2)(B)Subsec. (f). , added subsec. (f).

Pub. L. 104–20, § 1(2)(A)1995—Subsec. (a)(1). , substituted “authorized by paragraphs (4) through (6) of section 1592(a)” for “authorized by section 1592(a)(4) and (5)”.

Pub. L. 104–20, § 1(2)(B)Subsec. (a)(4)(i). , substituted “paragraphs (4) through (6) of section 1592” for “sections 1592(a)(4) and (5)” in two places.

Pub. L. 98–569, § 4(a)section 1592(c)(2)(C) of this title section 1592(c) of this title1984—Subsec. (a). , inserted “(a)” after “section 1592” and inserted “(excluding costs borne by non-Federal participants pursuant to ) of the on-farm measures authorized by , of all measures to replace incidental fish and wildlife values foregone, and” after “total costs”.

Pub. L. 98–569, § 4(b)section 1592(c) of this titleSubsec. (a)(1). , inserted “authorized by section 1592(a)(1), (2), and (3) of this title, including 75 per centum of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone, 70 per centum of the total costs of construction, operation, maintenance, and replacement of each unit, or separable feature thereof authorized by section 1592(a)(4) and (5) of this title, including 70 per centum of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone, and 70 per centum of the total costs of implementation of the on-farm measures authorized by , including 70 per centum of the total costs of the associated measures to replace incidental fish and wildlife values foregone,” after “shall be nonreimbursable” and further inserted “The total costs remaining after these allocations shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5), of subsection (a)” at the end thereof.

Pub. L. 98–569, § 4(d)Subsec. (a)(3). , substituted “construction and replacement of each unit” for “construction, operation, maintenance, and replacement of each unit” before “or separable features thereof”, inserted “authorized by sections 1592(a)(1), (2), and (3) of this title and costs of construction of measures to replace incidental fish and wildlife values foregone, when such measures are a part of the units authorized by sections 1592(a)(1), (2), and (3) of this title” before “allocated”, and inserted “or within a period equal to the estimated life of the unit, separable feature thereof, or replacement, whichever is less,” before “without interest”.

Pub. L. 98–569, § 4(e)Subsec. (a)(4), (5). , added pars. (4) and (5).

Pub. L. 98–569, § 4(f)(1)section 1592(a) of this title section 1592(c) of this titleSubsec. (b). , inserted “authorized by , costs of construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and costs of implementation of the on-farm measures authorized by ,” before “allocated for repayment”.

Pub. L. 98–569, § 4(g)section 1592(a) of this title section 1592(c) of this titleSubsec. (c). , inserted “authorized by , costs of construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and costs of implementation of the on-farm measures authorized by ” before “allocated for”.

Pub. L. 98–569, § 4(i)Subsec. (e). , struck out “of construction, operation, maintenance, and replacement of units” before “allocated under”, inserted “to the Upper Colorado River Basin Fund” after “allocated”, inserted “, subsection (a)(4) and subsection (a)(5)” after “subsection (a)(3)”, and inserted “, for the construction, operation and maintenance of measures to replace incidental fish and wildlife values foregone, and for the implementation of on-farm measures” after “salinity control units”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.

Effective Date of 1984 Amendment

Pub. L. 98–569Oct. 30, 1984section 6 of Pub. L. 98–569 section 1591 of this titleAmendment by effective , see , set out as a note under .

Termination of Advisory Councils

Jan. 5, 1973Advisory councils established after , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.