§ 1595. — Salinity control units; authority and functions of Secretary of the Interior.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1595]
TITLE 43--PUBLIC LANDS
CHAPTER 32A--COLORADO RIVER BASIN SALINITY CONTROL
SUBCHAPTER II--MEASURES UPSTREAM FROM IMPERIAL DAM
Sec. 1595. Salinity control units; authority and functions of
Secretary of the Interior
(a) Allocation of costs
The Secretary shall allocate the total costs (excluding costs borne
by non-Federal participants) of the on-farm measures authorized by
section 1592(c) of this title, of all measures to replace incidental
fish and wildlife values foregone, and of each unit or separable feature
thereof authorized by section 1592(a) of this title, as follows:
(1) In recognition of Federal responsibility for the Colorado River
as an interstate stream and for international comity with Mexico,
Federal ownership of the lands of the Colorado River Basin from which
most of the dissolved salts originate, and the policy embodied in the
Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816)
[33 U.S.C. 1251 et seq.], 75 per centum of the total costs of
construction, operation, maintenance, and replacement of each unit or
separable feature thereof 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 paragraphs (4)
through (6) of section 1592(a) 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 section 1592(c) of this title, including
70 per centum of the total costs of the associated measures to replace
incidental fish and wildlife values foregone, shall be nonreimbursable.
The total costs remaining after these allocations shall be reimbursable
as provided for in paragraphs (2), (3), (4), and (5),\1\ of subsection
(a) of this section \2\
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\1\ So in original. The comma probably should not appear.
\2\ So in original. Probably should be followed by a period.
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(2) 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 (70 Stat. 107) [43 U.S.C.
620d(a)] and the Lower Colorado River Basin Development Fund established
by section 1543(a) of this title, after consultation with the Advisory
Council created in section 1594(a) of this title 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) availability of revenues in the Lower Colorado River Basin
Development Fund and increased revenues to the Upper Colorado River
Basin Fund made available under section 620d(d)(5) of this title:
Provided, 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) Costs of construction and replacement of each unit or separable
feature thereof authorized by sections \3\ 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 \3\ 1592(a)(1), (2), and (3) of this title,
allocated to the upper basin and to the lower basin under subsection
(a)(2) of this section 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.
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\3\ So in original. Probably should be ``section''.
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(4)(i) Costs of construction and replacement of each unit or
separable feature thereof authorized by paragraphs (4) through (6) of
section 1592 \4\ 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 section 1592(c) of this
title or of the units authorized by paragraphs (4) through (6) of
section 1592 \4\ of this title, and costs of implementation of the on-
farm measures authorized by section 1592(c) of this title allocated to
the upper basin and to the lower basin under subsection (a)(2) of this
section shall be repaid as provided in subparagraphs (ii) and (iii),
respectively, of this paragraph.
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\4\ So in original. Probably should be section ``1592(a)''.
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(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) 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 October 30, 1984, for
costs outstanding at that date, or, in the case of costs incurred
subsequent to October 30, 1984, during the month preceding the fiscal
year in which the costs are incurred.
(5) Costs of operation and maintenance of each unit or separable
feature thereof authorized by section 1592(a) of this title 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) of this section 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 \5\ with interest calculated in the same
manner as provided in subsection (a)(4)(iv) of this section. Any
reimbursement due non-Federal entities pursuant to section 1592(b)(2) of
this title shall be repaid without interest in the fiscal year next
succeeding the fiscal year in which such operation and maintenance costs
are incurred.
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\5\ So in original.
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(b) Costs payable from Lower Colorado River Basin Development Fund
(1) Costs of construction, operation, maintenance, and replacement
of each unit or separable feature thereof authorized by section 1592(a)
of this title, 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 section
1592(c) of this title, allocated for repayment by the lower basin under
subsection (a)(2) of this section shall be paid in accordance with
section 1543(g)(2) of this title, from the Lower Colorado River Basin
Development Fund.
(2) Omitted
(c) Costs payable from Upper Colorado River Basin Fund
Costs of construction, operation, maintenance, and replacement of
each unit or separable feature thereof authorized by section 1592(a) of
this title, 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 section
1592(c) of this title allocated for repayment by the upper basin under
subsection (a)(2) of this section shall be paid in accordance with
section 620d(d)(5) of this title from the Upper Colorado River Basin
Fund within the limit of the funds made available under subsection (e)
of this section.
(d) Omitted
(e) Upward adjustment of rates for electrical energy
The 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 (70 Stat. 105; 43
U.S.C. 620) 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) of this section and in conformity with subsection
(a)(3), subsection (a)(4) and subsection (a)(5) of this section:
Provided, 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) Funds
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. 93-320, title II, Sec. 205, June 24, 1974, 88 Stat. 272; Pub.
L. 98-569, Sec. 4(a)-(f)(1), (g), (i), Oct. 30, 1984, 98 Stat. 2937-
2939; Pub. L. 104-20, Sec. 1(2), July 28, 1995, 109 Stat. 255; Pub. L.
104-127, title III, Sec. 336(c)(2), Apr. 4, 1996, 110 Stat. 1006.)
References in Text
The Federal Water Pollution Control Act Amendments of 1972, referred
to in subsec. (a)(1), is Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816,
which is classified principally to chapter 26 (Sec. 1251 et seq.) of
Title 33, Navigation and Navigable Waters. For complete classification
of this Act to the Code, see Short Title of 1972 Amendment note set out
under section 1251 of Title 33 and Tables.
Section 620d(d)(5) of this title, referred to in subsec. (c), was in
the original a reference to ``section 205(d) of this title'', meaning
section 205(d) of title II of Pub. L. 93-320. 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 section 620d(d)(5) of
this title.
The Colorado River Storage Project Act, referred to in subsec. (d),
is act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is
classified generally to chapter 12B (Sec. 620 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 620 of this title and Tables.
Codification
Section is comprised of section 205 of Pub. L. 93-320. Subsecs.
(b)(2) and (d) of section 205 of Pub. L. 93-320 amended sections 620d
and 1543 of this title.
Amendments
1996--Subsec. (a). Pub. L. 104-127, Sec. 336(c)(2)(A), struck out
``pursuant to section 1592(c)(2)(C) of this title'' after ``non-Federal
participants'' in introductory provisions.
Subsec. (f). Pub. L. 104-127, Sec. 336(c)(2)(B), added subsec. (f).
1995--Subsec. (a)(1). Pub. L. 104-20, Sec. 1(2)(A), substituted
``authorized by paragraphs (4) through (6) of section 1592(a)'' for
``authorized by section 1592(a)(4) and (5)''.
Subsec. (a)(4)(i). Pub. L. 104-20, Sec. 1(2)(B), substituted
``paragraphs (4) through (6) of section 1592'' for ``sections 1592(a)(4)
and (5)'' in two places.
1984--Subsec. (a). Pub. L. 98-569, Sec. 4(a), inserted ``(a)'' after
``section 1592'' and inserted ``(excluding costs borne by non-Federal
participants pursuant to section 1592(c)(2)(C) of this title) of the on-
farm measures authorized by section 1592(c) of this title, of all
measures to replace incidental fish and wildlife values foregone, and''
after ``total costs''.
Subsec. (a)(1). Pub. L. 98-569, Sec. 4(b), 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 section 1592(c) of this title, 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) of this section'' at the end
thereof.
Subsec. (a)(3). Pub. L. 98-569, Sec. 4(d), 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''.
Subsec. (a)(4), (5). Pub. L. 98-569, Sec. 4(e), added pars. (4) and
(5).
Subsec. (b). Pub. L. 98-569, Sec. 4(f)(1), inserted ``authorized by
section 1592(a) of this title, 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 section 1592(c) of this title,'' before ``allocated for repayment''.
Subsec. (c). Pub. L. 98-569, Sec. 4(g), inserted ``authorized by
section 1592(a) of this title, 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 section 1592(c) of this title'' before ``allocated for''.
Subsec. (e). Pub. L. 98-569, Sec. 4(i), 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) of this section'' 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''.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-569 effective Oct. 30, 1984, see section 6
of Pub. L. 98-569, set out as a note under section 1591 of this title.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, 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 3(2) and 14 of
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 620d, 1543, 1597 of this
title.
