-CITE-

43 USC CHAPTER 32A - COLORADO RIVER BASIN SALINITY

CONTROL 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

-HEAD-

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

-MISC1-

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

Sec.

1571. Water quality improvement.

(a) Authority to proceed with program.

(b) Desalting complexes and plants.

(c) Replacement water studies.

(d) Advancement of funds for that portion of bypass

drain within Mexico.

(e) Desalted water exchange.

(f) Return flow reduction.

(g) Disposal of acquired lands.

(h) Assistance to water users for installation of

system improvements.

(i) Contract amendment.

(j) Acquisition of land for storage.

(k) Transfer of funds.

(l) Nonreimbursable costs.

1572. Canal or canal lining.

(a) Authorization of construction.

(b) Repayment.

(c) Acquisition of private lands.

(d) Credit to Imperial Irrigation District against

final payments for relinquished capacity in

Coachella Canal.

(e) Transfer of lands to Cocopah Tribe of Indians.

1573. Construction and maintenance of well fields; land

acquisition; land replacement; nonreimbursable costs.

1574. Modification of projects.

1575. Contract authority.

1575a. Administration and disposition of lands and

constructed facilities; revenues credited to general

fund of Treasury.

1576. Interagency cooperation.

1577. Existing Federal laws not modified.

1578. Authorization of appropriations.

1579. Fish and wildlife habitat; mitigation of losses.

1580. Definitions.

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

1591. Salinity control policy.

(a) Implementation by Secretary of the Interior.

(b) Expeditious investigation, planning, and

implementation of salinity control program.

(c) Cooperation with other Federal agencies.

1592. Authorization to construct, operate, and maintain

salinity control units and salinity control program.

(a) Authority of Secretary.

(b) Implementation of authorized units.

(c) Salinity control measures.

1593. Planning reports; research and demonstration projects.

1594. Colorado River Basin Salinity Control Advisory

Council.

1595. Salinity control units; authority and functions of

Secretary of the Interior.

(a) Allocation of costs.

(b) Costs payable from Lower Colorado River Basin

Development Fund.

(c) Costs payable from Upper Colorado River Basin

Fund.

(d) Omitted.

(e) Upward adjustment of rates for electrical

energy.

(f) Funds.

1596. Biennial report to President, Congress, and Advisory

Council.

1597. Construction of provisions of subchapter.

1598. Achieving project objectives.

(a) Modification of projects.

(b) Contract authority; authorization of

appropriations.

(c) Implementation of basinwide salinity control

program.

1599. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 33 section 1329.

-End-

-CITE-

43 USC SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL

DAM 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-End-

-CITE-

43 USC Sec. 1571 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1571. Water quality improvement

-STATUTE-

(a) Authority to proceed with program

The Secretary of the Interior, hereinafter referred to as the

"Secretary", is authorized and directed to proceed with a program

of works of improvement for the enhancement and protection of the

quality of water available in the Colorado River for use in the

United States and the Republic of Mexico, and to enable the United

States to comply with its obligations under the agreement with

Mexico of August 30, 1973 (Minute No. 242 of the International

Boundary and Water Commission, United States and Mexico), concluded

pursuant to the Treaty of February 3, 1944 (TS 994), in accordance

with the provisions of this chapter.

(b) Desalting complexes and plants

(1) The Secretary is authorized to construct, operate, and

maintain a desalting complex, including (1) a desalting plant to

reduce the salinity of drain water from the Wellton-Mohawk division

of the Gila project, Arizona (hereinafter referred to as the

division), including a pretreatment plant for settling, softening,

and filtration of the drain water to be desalted; (2) the necessary

appurtenant works including the intake pumping plant system,

product waterline, power transmission facilities, and permanent

operating facilities; (3) the necessary extension in the United

States and Mexico of the existing bypass drain to carry the reject

stream from the desalting plant and other drainage waters to the

Santa Clara Slough in Mexico, with the part in Mexico, subject to

arrangements made pursuant to subsection (d) of this section; (4)

replacement of the metal flume in the existing main outlet drain

extension with a concrete siphon; (5) reduction of the quantity of

irrigation return flows through acquisition of lands to reduce the

size of the division, and irrigation efficiency improvements to

minimize return flows; (6) acquire on behalf of the United States

such lands or interest in lands in the Painted Rock Reservoir as

may be necessary to operate the project in accordance with the

obligations of Minute No. 242, and (7) all associated facilities

including roads, railroad spur, and transmission lines.

(2)(A) The desalting plant shall be designed to treat

approximately one hundred and twenty-nine million gallons a day of

drain water using advanced technology commercially available. The

plant shall effect recovery initially of not less than 70 per

centum of the drain water as product water, and shall effect

reduction of not less than 90 per centum of the dissolved solids in

the feed water. The Secretary shall use sources of electric power

supply for the desalting complex that will not diminish the supply

of power to preference customers from Federal power systems

operated by the Secretary.

(B) The Secretary is authorized to use electrical power and

energy available from the Navajo Generating Station which is in

excess of the Central Arizona Project pumping requirements for the

purpose of supplying power and energy requirements of the desalting

plant and protective pumping well field constructed pursuant to

this subchapter: Provided, That revenues credited to the Lower

Colorado River Basin Development Fund shall not be diminished below

those amounts which would have accrued had the power been marketed

at the rate determined by the Secretary of Energy for the sale of

power from the Navajo Generating Station to utilities and public

entities, as a result of the use of power and energy for the

desalting, protective pumping works, and other uses authorized by

law, and that power and energy from the Navajo Generating Station

shall be used first to meet the pumping requirements of the Central

Arizona Project and after those needs have been met, for the

desalting and protective pumping facilities constructed pursuant to

this subchapter, and finally for other uses: Provided further, That

prior to obtaining power from the Navajo Generating Station under

the authority of this subsection, the Secretary shall complete an

analysis of alternative sources of supply, including but not

limited to the possibility of developing an agreement with the

Republic of Mexico whereby the United States (or a non-Federal

entity) would enter into contractual arrangements with Mexico for a

sufficient supply of power to operate the desalting plant, the

regulatory pumping fields and appurtenant facilities.

(C) Effective October 1, 1979, and to such extent and in such

amounts as are provided in advance in appropriation Acts, the

Secretary of the Interior is authorized to purchase supplemental

power and energy as required for the purposes of supplying the

power and energy requirements of the desalting plant and protective

pumping well field.

(c) Replacement water studies

Replacement of the reject stream from the desalting plant,

Colorado River waters used for the mitigation of fish and wildlife

habitat losses and of any Wellton-Mohawk drainage water bypassed to

the Santa Clara Slough to accomplish essential operation except at

such times when there exists surplus water of the Colorado River

under the terms of the Mexican Water Treaty of 1944, is recognized

as a national obligation as provided in section 1512 of this title.

Studies to identify feasible measures to provide adequate

replacement water shall be completed not later than June 30, 1980.

Said studies shall be limited to potential sources within the

States of Arizona, California, Colorado, New Mexico, and those

portions of Nevada, Utah, and Wyoming which are within the natural

drainage basin of the Colorado River. Measures found necessary to

replace the reject stream from the desalting plant, Colorado River

waters used for the mitigation of fish and wildlife habitat losses

and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough

to accomplish essential operations may be undertaken independently

of the national obligation set forth in section 1512 of this title.

(d) Advancement of funds for that portion of bypass drain within

Mexico

The Secretary is hereby authorized to advance funds to the United

States section, International Boundary and Water Commission (IBWC),

for construction, operation, and maintenance by Mexico pursuant to

Minute No. 242 of that portion of the bypass drain within Mexico.

Such funds shall be transferred to an appropriate Mexican agency,

under arrangements to be concluded by the IBWC providing for the

construction, operation, and maintenance of such facility by

Mexico.

(e) Desalted water exchange

Any desalted water not needed for the purposes of this subchapter

may be exchanged at prices and under terms and conditions

satisfactory to the Secretary and the proceeds therefrom shall be

deposited in the General Fund of the Treasury. The city of Yuma,

Arizona, shall have first right of refusal to any such water.

(f) Return flow reduction

For the purpose of reducing the return flows from the division to

one hundred and seventy-five thousand acre-feet or less, annually,

the Secretary is authorized to:

(1) Accelerate the cooperative program of Irrigation Management

Services with the Wellton-Mohawk Irrigation and Drainage

District, hereinafter referred to as the district, for the

purpose of improving irrigation efficiency. The district shall

bear its share of the cost of such program as determined by the

Secretary.

(2) Acquire by purchase or through eminent domain or exchange,

to the extent determined by him to be appropriate, lands or

interests in lands to reduce the existing seventy-five thousand

developed and undeveloped irrigable acres authorized by the Act

of July 30, 1947 (61 Stat. 628), known as the Gila

Reauthorization Act [43 U.S.C. 613 et seq.]. The initial

reduction in irrigable acreage shall be limited to approximately

ten thousand acres. If the Secretary determines that the

irrigable acreage of the division must be reduced below

sixty-five thousand acres of irrigable lands to carry out the

purpose of this section, the Secretary is authorized, with the

consent of the district, to acquire additional lands, as may be

deemed by him to be appropriate.

(g) Disposal of acquired lands

The Secretary is authorized to dispose of the acquired lands and

interests therein on terms and conditions satisfactory to him and

meeting the objective of this chapter.

(h) Assistance to water users for installation of system

improvements

The Secretary is authorized, either in conjunction with or in

lieu of land acquisition, to assist water users in the division in

installing system improvements, such as ditch lining, change of

field layouts, automatic equipment, sprinkler systems and bubbler

systems, as a means of increasing irrigation efficiencies:

Provided, however, That all costs associated with the improvements

authorized herein and allocated to the water users on the basis of

benefits received, as determined by the Secretary, shall be

reimbursed to the United States in amounts and on terms and

conditions satisfactory to the Secretary.

(i) Contract amendment

The Secretary is authorized to amend the contract between the

United States and the district dated March 4, 1952, as amended, to

provide that -

(1) the portion of the existing repayment obligation owing to

the United States allocable to irrigable acreage eliminated from

the division for the purposes of this subchapter, as determined

by the Secretary, shall be nonreimbursable; and

(2) if deemed appropriate by the Secretary, the district shall

be given credit against its outstanding repayment obligation to

offset any increase in operation and maintenance assessments per

acre which may result from the district's decreased operation and

maintenance base, all as determined by the Secretary.

(j) Acquisition of land for storage

The Secretary is authorized to acquire through the Corps of

Engineers fee title to, or other necessary interests in, additional

lands above the Painted Rock Dam in Arizona that are required for

the temporary storage capacity needed to permit operation of the

dam and reservoir in times of serious flooding in accordance with

the obligations of the United States under Minute No. 242. No funds

shall be expended for acquisition of land or interests therein

until it is finally determined by a Federal court of competent

jurisdiction that the Corps of Engineers presently lacks legal

authority to use said lands for this purpose. Nothing contained in

this subchapter nor any action taken pursuant to it shall be deemed

to be a recognition or admission of any obligation to the owners of

such land on the part of the United States or a limitation or

deficiency in the rights or powers of the United States with

respect to such lands or the operation of the reservoir.

(k) Transfer of funds

To the extent desirable to carry out subsections (f)(1) and (h)

of this section, the Secretary may transfer funds to the Secretary

of Agriculture as may be required for technical assistance to

farmers, conduct of research and demonstrations, and such related

investigations as are required to achieve higher on-farm irrigation

efficiencies.

(l) Nonreimbursable costs

All cost associated with the desalting complex shall be

nonreimbursable except as provided in subsections (f) and (h) of

this section.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 101, June 24, 1974, 88 Stat. 266;

Pub. L. 96-336, Secs. 1, 2, Sept. 4, 1980, 94 Stat. 1063.)

-REFTEXT-

REFERENCES IN TEXT

Act of July 30, 1947 (61 Stat. 628), known as the Gila

Reauthorization Act, referred to in subsec. (f)(2), is act July 30,

1947, ch. 382, 61 Stat. 628, which was classified generally to

subchapter XXI (Sec. 613 et seq.) of chapter 12 of this title, and

was omitted from the Code.

-MISC1-

AMENDMENTS

1980 - Subsec. (b)(2). Pub. L. 96-336, Sec. 1, designated

existing provisions as subpar. (A), struck out requirement that all

costs associated with the desalting plant be nonreimbursable, and

added subpars. (B) and (C).

Subsec. (c). Pub. L. 96-336, Sec. 2, included replacement water

studies covering reject stream from the Colorado River waters used

for the mitigation of fish and wildlife habitat losses.

SHORT TITLE

Section 1 of Pub. L. 93-320 provided: "That this Act [enacting

this chapter and amending sections 620d and 1543 of this title] may

be cited as the 'Colorado River Basin Salinity Control Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1578 of this title.

-End-

-CITE-

43 USC Sec. 1572 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1572. Canal or canal lining

-STATUTE-

(a) Authorization of construction

To assist in meeting salinity control objectives of Minute No.

242 during an interim period, the Secretary is authorized to

construct a new concrete-lined canal or, to line the presently

unlined portion of the Coachella Canal of the Boulder Canyon

project, California, from station 2 plus 26 to the beginning of

siphon numbered 7, a length of approximately forty-nine miles. The

United States shall be entitled to temporary use of a quantity of

water, for the purpose of meeting the salinity control objectives

of Minute No. 242, during an interim period, equal to the quantity

of water conserved by constructing or lining the said canal. The

interim period shall commence on completion of construction or

lining said canal and shall end the first year that the Secretary

delivers main stream Colorado River water to California in an

amount less than the sum of the quantities requested by (1) the

California agencies under contracts made pursuant to section 617d

of this title, and (2) Federal establishments to meet their water

rights acquired in California in accordance with the Supreme Court

decree in Arizona against California (376 U.S. 340).

(b) Repayment

The charges for total construction shall be repayable without

interest in equal annual installments over a period of forty years

beginning in the year following completion of construction:

Provided, That, repayment shall be prorated between the United

States and the Coachella Valley County Water District, and the

Secretary is authorized to enter into a repayment contract with

Coachella Valley County Water District for that purpose. Such

contract shall provide that annual repayment installments shall be

nonreimbursable during the interim period, defined in subsection

(a) of this section and shall provide that after the interim

period, said annual repayment installments or portions thereof,

shall be paid by Coachella Valley County Water District.

(c) Acquisition of private lands

The Secretary is authorized to acquire by purchase, eminent

domain, or exchange private lands or interests therein, as may be

determined by him to be appropriate, within the Imperial Irrigation

District on the Imperial East Mesa which receive, or which have

been granted rights to receive, water from Imperial Irrigation

District's capacity in the Coachella Canal. Costs of such

acquisitions shall be nonreimbursable and the Secretary shall

return such lands to the public domain. The United States shall not

acquire any water rights by reason of this land acquisition.

(d) Credit to Imperial Irrigation District against final payments

for relinquished capacity in Coachella Canal

The Secretary is authorized to credit Imperial Irrigation

District against its final payments for certain outstanding

construction charges payable to the United States on account of

capacity to be relinquished in the Coachella Canal as a result of

the canal lining program, all as determined by the Secretary:

Provided, That, relinquishment of capacity shall not affect the

established basis for allocating operation and maintenance costs of

the main All-American Canal to existing contractors.

(e) Transfer of lands to Cocopah Tribe of Indians

The Secretary is authorized and directed to cede the following

land to the Cocopah Tribe of Indians, subject to rights-of-way for

existing levees, to be held in trust by the United States for the

Cocopah Tribe of Indians:

Township 9 south, range 25 west of the Gila and Salt River

meridian, Arizona;

Section 25: Lots 18, 19, 20, 21, 22, and 23;

Section 26: Lots 1, 12, 13, 14, and 15;

Section 27: Lot 3; and all accretion to the above described

lands.

The Secretary is authorized and directed to construct three

bridges, one of which shall be capable of accommodating heavy

vehicular traffic, over the portion of the bypass drain which

crosses the reservation of the Cocopah Tribe of Indians. The

transfer of lands to the Cocopah Indian Reservation and the

construction of bridges across the bypass drain shall constitute

full and complete payment to said tribe for the rights-of-way

required for construction of the bypass drain and electrical

transmission lines for works authorized by this subchapter.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 102, June 24, 1974, 88 Stat. 268.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1578 of this title.

-End-

-CITE-

43 USC Sec. 1573 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1573. Construction and maintenance of well fields; land

acquisition; land replacement; nonreimbursable costs

-STATUTE-

(a) The Secretary is authorized to:

(1) Construct, operate, and maintain, consistent with Minute

No. 242, well fields capable of furnishing approximately one

hundred and sixty thousand acre-feet of water per year for use in

the United States and for delivery to Mexico in satisfaction of

the 1944 Mexican Water Treaty.

(2) Acquire by purchase, eminent domain, or exchange, to the

extent determined by him to be appropriate, approximately

twenty-three thousand five hundred acres of lands or interests

therein with approximately five miles of the Mexican border on

the Yuma Mesa: Provided, however, That any such lands which are

presently owned by the State of Arizona may be acquired or

exchanged for Federal lands.

(3) Any lands removed from the jurisdiction of the Yuma Mesa

Irrigation and Drainage District pursuant to clause (2) of this

subsection which were available for use under the Gila

Reauthorization Act (61 Stat. 628) [43 U.S.C. 613 et. seq.],

shall be replaced with like lands within or adjacent to the Yuma

Mesa division of the project. In the development of these

substituted lands or any other lands within the Gila project, the

Secretary may provide for full utilization of the Gila Gravity

Main Canal in addition to contracted capacities.

(4) Effective October 1, 1979, and to such extent and in such

amounts as are provided in advance in appropriation Acts, enter

into contracts under the terms and conditions of the Act of June

17, 1902 (43 U.S.C. 371 et seq.) as amended and supplemented for

the delivery of water from said well field to entities within the

United States for municipal and industrial or irrigation

purposes: Provided, That such contracts for municipal and

industrial purposes shall contain terms and conditions as

substantially provided in section 485h(c)(1) of this title, and

that contracts for replacement irrigation water supplies to

prevent damage to existing water users on privately developed

lands include water charges no greater than if such water users

had continued to pump their own wells without the United States

lowering the water table and that the acreage limitation and

related provisions of the Reclamation Law [43 U.S.C. 371 et seq.]

will not be applicable to such privately developed lands:

Provided further, That no contract shall be entered which will

impair the ability of the United States to continue to deliver to

Mexico on the land boundary at San Luis and in the Limitrophe

Section of the Colorado River downstream from Morelos Dam

approximately one hundred and forty thousand acre-feet annually,

consistent with the terms contained in Minute No. 242 of the

IBWC.

(b) The cost of work provided for in this section, including

delivery of water to Mexico, shall be nonreimbursable; except to

the extent that the waters furnished are used in the United States.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 103, June 24, 1974, 88 Stat. 269;

Pub. L. 96-336, Sec. 3, Sept. 4, 1980, 94 Stat. 1063.)

-REFTEXT-

REFERENCES IN TEXT

The Gila Reauthorization Act, referred to in subsec. (a)(3), is

act July 30, 1947, ch. 382, 61 Stat. 628, which was classified

generally to subchapter XXI (Sec. 613 et seq.) of chapter 12 of

this title, and was omitted from the Code.

Act of June 17, 1902 (43 U.S.C. 371 et seq.) as amended and

supplemented, and the Reclamation Law, referred to in subsec.

(a)(4), is act June 17, 1902, ch. 1093, 32 Stat. 388, as amended,

popularly known as the Reclamation Act, which is classified

generally to chapter 12 (Sec. 371 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 371 of this title and Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (a)(4). Pub. L. 96-336 added par. (4).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1578 of this title.

-End-

-CITE-

43 USC Sec. 1574 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1574. Modification of projects

-STATUTE-

The Secretary is authorized to provide for modifications of the

projects authorized by this subchapter to the extent he determines

appropriate for purposes of meeting the international settlement

objective of this subchapter at the lowest overall cost to the

United States. No funds for any such modification shall be expended

until the expiration of sixty days after the proposed modification

has been submitted to the appropriate committees of the Congress,

unless the Congress approves an earlier date by concurrent

resolution. The Secretary shall notify the Governors of the

Colorado River Basin States of such modifications.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 104, June 24, 1974, 88 Stat. 270.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1578 of this title.

-End-

-CITE-

43 USC Sec. 1575 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1575. Contract authority

-STATUTE-

The Secretary is authorized to enter into contracts that he deems

necessary to carry out the provisions of this subchapter in advance

of the appropriation of funds therefor.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 105, June 24, 1974, 88 Stat. 270.)

-End-

-CITE-

43 USC Sec. 1575a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1575a. Administration and disposition of lands and constructed

facilities; revenues credited to general fund of Treasury

-STATUTE-

The Secretary is hereby authorized to administer and dispose of

lands and interests in lands acquired, and facilities constructed

under this subchapter, and revenues received in connection with

this authority shall be credited to the general fund of the

Treasury.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 106, as added Pub. L. 96-336, Sec.

4, Sept. 4, 1980, 94 Stat. 1064.)

-MISC1-

PRIOR PROVISIONS

A prior section 106 of Pub. L. 93-320 was renumbered section 107

and is classified to section 1576 of this title.

-End-

-CITE-

43 USC Sec. 1576 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1576. Interagency cooperation

-STATUTE-

In carrying out the provisions of this subchapter, the Secretary

shall consult and cooperate with the Secretary of State, the

Administrator of the Environmental Protection Agency, the Secretary

of Agriculture, and other affected Federal, State, and local

agencies.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 107, formerly Sec. 106, June 24,

1974, 88 Stat. 270; renumbered Sec. 107, Pub. L. 96-336, Sec. 4,

Sept. 4, 1980, 94 Stat. 1064.)

-MISC1-

PRIOR PROVISIONS

A prior section 107 of Pub. L. 93-320 was renumbered section 108

and is classified to section 1577 of this title.

-End-

-CITE-

43 USC Sec. 1577 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1577. Existing Federal laws not modified

-STATUTE-

Nothing in this chapter shall be deemed to modify the National

Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.], the

Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et

seq.], or, except as expressly stated herein, the provisions of any

other Federal law.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 108, formerly Sec. 107, June 24,

1974, 88 Stat. 270; renumbered Sec. 108, Pub. L. 96-336, Sec. 4,

Sept. 4, 1980, 94 Stat. 1064.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in text, probably means act June 30, 1948, ch. 758, as amended

generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816,

which is classified generally 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 note set

out under section 1251 of Title 33 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 108 of Pub. L. 93-320 was renumbered section 109

and is classified to section 1578 of this title.

-End-

-CITE-

43 USC Sec. 1578 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1578. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated the sum of

$356,400,000 for the construction of the works and accomplishment

of the purposes authorized in sections 1571, 1572, 1573, and 1579

of this title, of which $3,579,000 is authorized for mitigation of

fish and wildlife losses associated with replacement of the

Coachella Canal in California, and $6,960,000 is authorized for

mitigation of fish and wildlife losses associated with the

Desalting Complex Unit and the Protective and Regulatory Pumping

Unit in Arizona, based on January 1979, prices plus or minus such

amounts as may be justified by reason of ordinary fluctuation in

construction costs involved therein, and such sums as may be

required to operate and maintain such works and to provide for such

modifications as may be made pursuant to section 1574 of this

title. In order to provide for the utilization of significant

improvements in desalinization technologies which may have been

developed since the Bureau's evaluation, the Secretary is directed

to evaluate such cost effective improvements and implement such

improved designs into the plant operations when the evaluation

indicates that cost savings will result: Provided, however, That no

more than five percent of the amount authorized to be appropriated

is used for these purposes. There is further authorized to be

appropriated such sums as may be necessary to pay condemnation

awards in excess of appraised values and to cover costs required in

connection with the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

-SOURCE-

(Pub. L. 93-320, title I, Sec. 109, formerly Sec. 108, June 24,

1974, 88 Stat. 270; renumbered Sec. 109 and amended Pub. L. 96-336,

Secs. 4, 5, Sept. 4, 1980, 94 Stat. 1064.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in text, is Pub. L. 91-646, Jan.

2, 1971, 84 Stat. 1894, which is classified principally to chapter

61 (Sec. 4601 et seq.) of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 4601 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-336, Sec. 5, substituted appropriations

authorization of $356,400,000 to carry out sections 1571, 1572,

1573, and 1579 of this title for prior authorizations of

$121,500,000 and $34,000,000 for purposes of sections 1571 and

1572, and 1573 of this title, and use of January 1979 for April

1973 price basis, authorized sums of $3,579,000 and $6,960,000 for

mitigation of fish and wildlife losses in California and Arizona,

and provided for cost savings desalinization plant operations

limited to five percent of appropriations authorization.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 5 of Pub. L. 96-336 provided that the amendment made by

that section is effective Oct. 1, 1979.

-End-

-CITE-

43 USC Sec. 1579 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1579. Fish and wildlife habitat; mitigation of losses

-STATUTE-

Effective October 1, 1979, and to such extent and in such amounts

as are provided in advance in appropriate (!1) Acts, in order to

provide measures determined by the Secretary of the Interior to be

appropriated to mitigate loss of fish and wildlife habitat

associated with other measures taken under this subchapter:

(a) Appropriation of funds; acquisition and disposal of lands;

facilities undertakings; funds restriction for non-Federal

facilities

The Secretary is authorized to -

(1) acquire lands by purchase, eminent domain, or exchange;

(2) dispose of land, facilities, and equipment;

(3) construct, operate, maintain, and make replacements of

facilities: Provided, however, That no funds will be provided

for operation, maintenance, or replacement of non-Federal

facilities.

(b) Nonreimbursable costs

All costs authorized by this section are nonreimbursable.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 110, as added Pub. L. 96-336, Sec.

6, Sept. 4, 1980, 94 Stat. 1064.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1578 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "appropriation".

-End-

-CITE-

43 USC Sec. 1580 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER I - PROGRAMS DOWNSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1580. Definitions

-STATUTE-

As used in this subchapter:

(a) Navajo Generating Station means -

(1) the United States entitlement to a portion of the output

of power and energy from the Navajo Generating Station, Page,

Arizona, pursuant to United States participation in that

generating station;

(2) in the event that said United States entitlement is

integrated with other generating facilities, then Navajo

Generating Station means that amount of power and energy from

the integrated system which is attributable to the United

States Navajo entitlement;

(3) when the Navajo Generating Station is replaced at the end

of its useful life or an alternative resource is established,

then Navajo Generating Station means an amount of power and

energy equivalent to the present United States entitlement from

Navajo, from the replacement resource.

(b) All terms used herein that are defined in the Colorado

River Compact shall have the meanings therein defined.

-SOURCE-

(Pub. L. 93-320, title I, Sec. 111, as added Pub. L. 96-336, Sec.

7, Sept. 4, 1980, 94 Stat. 1065.)

-End-

-CITE-

43 USC SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL

DAM 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-End-

-CITE-

43 USC Sec. 1591 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1591. Salinity control policy

-STATUTE-

(a) Implementation by Secretary of the Interior

The Secretary of the Interior shall implement the salinity

control policy adopted for the Colorado River in the "Conclusions

and Recommendations" published in the Proceedings of the Reconvened

Seventh Session of the Conference in the Matter of Pollution of the

Interstate Waters of the Colorado River and Its Tributaries in the

States of California, Colorado, Utah, Arizona, Nevada, New Mexico,

and Wyoming, held in Denver, Colorado, on April 26-27, 1972, under

the authority of section 10 of the Federal Water Pollution Control

Act (33 U.S.C. 1160), and approved by the Administrator of the

Environmental Protection Agency on June 9, 1972.

(b) Expeditious investigation, planning, and implementation of

salinity control program

The Secretary is hereby directed to expedite the investigation,

planning, and implementation of the salinity control program

generally as described in chapter VI of the Secretary's report

entitled, "Colorado River Water Quality Improvement Program,

February 1972". In determining the relative priority of

implementing additional units or new self-contained portions of

units authorized by section 1592 of this title, the Secretary or

the Secretary of Agriculture, as the case may be, shall give

preference to those additional units or new self-contained portions

of units which reduce salinity of the Colorado River at the least

cost per unit of salinity reduction.

(c) Cooperation with other Federal agencies

In conformity with subsection (a) of this section and the

authority of the Environmental Protection Agency under Federal

laws, the Secretary, the Administrator of the Environmental

Protection Agency, and the Secretary of Agriculture are directed to

cooperate and coordinate their activities effectively to carry out

the objective of this subchapter.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 201, June 24, 1974, 88 Stat. 270;

Pub. L. 98-569, Sec. 1, Oct. 30, 1984, 98 Stat. 2933.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(a), which was formerly classified to chapter 23 (Sec. 1151 et

seq.) of Title 33, Navigation and Navigable Waters, was revised

generally by Pub. L. 92-500, Oct. 18, 1972, 86 Stat. 816, and is

classified generally to chapter 25 (Sec. 1251 et seq.) of Title 33.

-MISC1-

AMENDMENTS

1984 - Subsec. (b). Pub. L. 98-569 inserted "In determining the

relative priority of implementing additional units or new

self-contained portions of units authorized by section 1592 of this

title, the Secretary or the Secretary of Agriculture, as the case

may be, shall give preference to those additional units or new

self-contained portions of units which reduce salinity of the

Colorado River at the least cost per unit of salinity reduction.".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 6 of Pub. L. 98-569 provided that: "The amendments made

by this Act [amending this section and sections 620d, 1543, 1592,

1593, 1595, and 1598 of this title] shall take effect upon

enactment of this Act [Oct. 30, 1984]."

-End-

-CITE-

43 USC Sec. 1592 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1592. Authorization to construct, operate, and maintain

salinity control units and salinity control program

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized to construct, operate, and maintain

the following salinity control units and salinity control program

as the initial stage of the Colorado River Basin salinity control

program:

(1) The Paradox Valley unit, Montrose County, Colorado,

consisting of facilities for collection and disposition of saline

ground water of Paradox Valley, including wells, pumps, pipelines,

solar evaporation ponds, and all necessary appurtenant and

associated works such as roads, fences, dikes, power transmission

facilities, and permanent operating facilities, and consisting of

measures to replace incidental fish and wildlife values foregone.

(2) The Grand Valley unit, Colorado, consisting of measures and

all necessary appurtenant and associated works to reduce the

seepage of irrigation water from the irrigated lands of Grand

Valley into the ground water and thence into the Colorado River.

Measures shall include lining of canals and laterals, replacing

canals and laterals with pipe, and the combining of existing canals

and laterals into fewer and more efficient facilities implementing

other measures to reduce salt contributions from the Grand Valley

to the Colorado River, and implementing measures to replace

incidental fish and wildlife values foregone..(!1) Prior to

initiation of construction of the Grand Valley unit, or portion

thereof, the Secretary shall enter into contracts through which the

non-Federal entities owning, operating, and maintaining the water

distribution systems, or portions thereof, in Grand Valley, singly

or in concert, will assume the obligations specified in subsection

(b)(2) of this section relating to the continued operation and

maintenance of the unit's facilities to the end that the maximum

reduction of salinity inflow to the Colorado River will be

achieved.

(3) The Las Vegas Wash unit, Nevada, consisting of facilities for

collection and disposition of saline ground water of Las Vegas

Wash, including infiltration galleries, pumps, desalter, pipelines,

solar evaporation facilities, and all appurtenant works including

but not limited to roads, fences, power transmission facilities,

and operating facilities, and consisting of measures to replace

incidental fish and wildlife values foregone.

(4) Stage I of the Lower Gunnison Basin unit, Colorado,

consisting of measures and all necessary appurtenant and associated

works to reduce seepage from canals and laterals in the Uncompahgre

Valley, and consisting of measures to replace incidental fish and

wildlife values foregone, essentially as described in the

feasibility report and final environmental statement dated February

10, 1984. Prior to initiation of construction of stage I of the

Lower Gunnison Basin unit, or of a portion of stage I, the

Secretary shall enter into contracts through which the non-Federal

entities owning, operating, and maintaining the water distribution

systems, or portions thereof, in the Uncompahgre Valley, singly or

in concert, will assume the obligations specified in subsection

(b)(2) of this section relating to the continued operation and

maintenance of the unit's facilities.

(5) Portions of the McElmo Creek unit, Colorado, as components of

the Dolores participating project, Colorado River Storage project,

authorized by Public Law 90-537 [43 U.S.C. 1501 et seq.] and Public

Law 84-485 [43 U.S.C. 620 et seq.], consisting of all measures and

all necessary appurtenant and associated works to reduce seepage

only from the Towaoc-Highline combined canal, Rocky Ford laterals,

Lone Pine lateral, and Upper Hermana lateral, and consisting of

measures to replace incidental fish and wildlife values foregone.

The Dolores participating project shall have salinity control as a

project purpose insofar as these specific facilities are concerned:

Provided, That the costs of construction and replacement of these

specific facilities shall be allocated by the Secretary to salinity

control and irrigation only after consultation with the State of

Colorado, the Montezuma Valley Irrigation District, Colorado, and

the Dolores Water Conservancy District, Colorado: And provided

further, That such allocation of costs to salinity control will

include only the separable and specific costs of these specific

facilities and will not include any joint costs of any other

facilities of the Dolores participating project. Repayment of costs

allocated to salinity control shall be subject to this chapter.

Repayment of costs allocated to irrigation shall be subject to the

Acts which authorized the Dolores participating project, the

Reclamation Act of 1902, and Acts amendatory and supplementary

thereto. Prior to initiation of construction of these specific

facilities, or a portion thereof, the Secretary shall enter into

contracts through which the non-Federal entities owning, operating,

and maintaining the water distribution systems, or portions

thereof, in the Montezuma Valley, singly or in concert, will assume

the obligations specified in subsection (b)(2) of this section

relating to the continued operation and maintenance of the unit's

facilities.

(6) A basinwide salinity control program that the Secretary,

acting through the Bureau of Reclamation, shall implement. The

Secretary may carry out the purposes of this paragraph directly, or

may make grants, commitments for grants, or advances of funds to

non-Federal entities under such terms and conditions as the

Secretary may require. Such program shall consist of cost-effective

measures and associated works to reduce salinity from saline

springs, leaking wells, irrigation sources, industrial sources,

erosion of public and private land, or other sources that the

Secretary considers appropriate. Such program shall provide for the

mitigation of incidental fish and wildlife values that are lost as

a result of the measures and associated works. The Secretary shall

submit a planning report concerning the program established under

this paragraph to the appropriate committees of Congress. The

Secretary may not expend funds for any implementation measure under

the program established under this paragraph before the expiration

of a 30-day period beginning on the date on which the Secretary

submits such report.

(b) Implementation of authorized units

In implementing the units authorized to be constructed pursuant

to subsection (a) of this section, the Secretary shall carry out

the following directions:

(1) As reports are completed describing final implementation

plans for the unit, or any portion thereof, authorized by

paragraph (5) of subsection (a) of this section, and prior to

expenditure of funds for related construction activities, the

Secretary shall submit such reports to the appropriate committees

of the Congress and to the governors of the Colorado River Basin

States.

(2) Non-Federal entities shall be required by the Secretary to

contract for the long-term operation and maintenance of canal and

lateral systems constructed pursuant to activities provided for

in subsection (a) of this section: Provided, That the Secretary

shall reimburse such non-Federal entities for the costs of such

operation and maintenance to the extent the costs exceed the

expenses that would have been incurred by them in the thorough

and timely operation and maintenance of their canal and lateral

systems absent the construction of a unit, said expenses to be

determined by the Secretary after consultation with the involved

non-Federal entities. The operation and maintenance for which

non-Federal entities shall be responsible shall include such

repairing and replacing of a unit's facilities as are associated

with normal annual maintenance activities in order to keep such

facilities in a condition which will assure maximum reduction of

salinity inflow to the Colorado River. These non-Federal entities

shall not be responsible, nor incur any costs, for the

replacement of a unit's facilities, including measures to replace

incidental fish and wildlife values foregone. The term

replacement shall be defined for the purposes of this subchapter

as a major modification or reconstruction of a completed unit, or

portion thereof, which is necessitated, through no fault of the

non-Federal entity or entities operating and maintaining a unit,

by design or construction inadequacies or by normal limits on the

useful life of a facility. The Secretary is authorized to provide

continuing technical assistance to non-Federal entities to assure

the effective and efficient operation and maintenance of a unit's

facilities.

(3) The Secretary may, under authority of this subchapter, and

limited to the purposes of this chapter, fund through a grant or

contract, for any fiscal year only to such extent or in such

amounts as are provided in appropriation Acts, a non-Federal

entity to organize private canal and lateral owners into formal

organizations with which the Secretary may enter into a grant or

contract to construct, operate, and maintain a unit's facilities.

(4) In implementing the units authorized to be constructed or

the program pursuant to paragraphs (1), (2), (3), (4), (5), and

(6) of subsection (a) of this section, the Secretary shall comply

with procedural and substantive State water laws.

(5) The Secretary may, under authority of this subchapter and

limited to the purposes of this chapter, fund through a grant or

contract, for any fiscal year only to such extent or in such

amounts as are provided in appropriation Acts, a non-Federal

entity to operate and maintain measures to replace incidental

fish and wildlife values foregone.

(6) In implementing the units authorized to be constructed

pursuant to subsection (a) of this section, the Secretary shall

implement measures to replace incidental fish and wildlife values

foregone concurrently with the implementation of a unit's, or a

portion of a unit's, related features.

(c) Salinity control measures

The Secretary of Agriculture shall carry out salinity control

measures (including watershed enhancement and cost-share measures

with livestock and crop producers) in the Colorado River Basin as

part of the environmental quality incentives program established

under chapter 4 of subtitle D of title XII of the Food Security Act

of 1985 [16 U.S.C. 3839aa et seq.].

-SOURCE-

(Pub. L. 93-320, title II, Sec. 202, June 24, 1974, 88 Stat. 271;

Pub. L. 98-569, Sec. 2, Oct. 30, 1984, 98 Stat. 2933; Pub. L.

104-20, Sec. 1(1), (4), July 28, 1995, 109 Stat. 255, 256; Pub. L.

104-127, title III, Sec. 336(c)(1), Apr. 4, 1996, 110 Stat. 1006.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 90-537, referred to in subsec. (a)(5), is act Sept.

30, 1968, 82 Stat. 885, as amended, popularly known as the

"Colorado River Basin Project Act", which is classified principally

to chapter 32 (Sec. 1501 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1501 of this title and Tables.

Public Law 84-485, referred to in subsec. (a)(5), is act Apr. 11,

1956, ch. 203, 70 Stat. 105, as amended, popularly known as the

"Colorado River Storage Project Act", which is classified 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.

The Reclamation Act of 1902, referred to in subsec. (a)(5), is

act June 17, 1902, 32 Stat. 388, as amended and supplemented, is

classified generally to chapter 12 (Sec. 371 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 371 of this title and

Tables.

The Food Security Act of 1985, referred to in subsec. (c), is

Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 4

of subtitle D of title XII of the Act is classified generally to

part IV (Sec. 3839aa et seq.) of subchapter IV of chapter 58 of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title of 1985 Amendment note set out under

section 1281 of Title 7, Agriculture, and Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-127 added subsec. (c) and struck

out former subsec. (c) which authorized establishment of a

voluntary cooperative salinity control program with landowners to

improve on-farm water management and reduce watershed erosion on

certain lands.

1995 - Subsec. (a). Pub. L. 104-20, Sec. 1(1), inserted "and

salinity control program" after "the following salinity control

units" and substituted colon for period in introductory provisions

and added par. (6).

Subsec. (b)(4). Pub. L. 104-20, Sec. 1(4), substituted "or the

program pursuant to paragraphs (1), (2), (3), (4), (5), and (6)"

for "pursuant to paragraphs (1), (2), (3), (4), and (5)".

1984 - Subsec. (a). Pub. L. 98-569, Sec. 2(a), designated

existing provisions as subsec. (a).

Subsec. (a)(1). Pub. L. 98-569, Sec. 2(b)(1), inserted ", and

consisting of measures to replace incidental fish and wildlife

values foregone" at the end thereof.

Subsec. (a)(2). Pub. L. 98-569, Sec. 2(b)(2), inserted "replacing

canals and laterals with pipe," after "canals and laterals" and

inserted "implementing other measures to reduce salt contributions

from the Grand Valley to the Colorado River, and implementing

measures to replace incidental fish and wildlife values foregone"

after "efficient facilities" in second sentence.

Pub. L. 98-569, Sec. 2(b)(3), inserted ", or portions thereof,"

after "Grand Valley unit", substituted "non-Federal entities" for

"agencies", inserted "or portions thereof," after "water

distribution systems" and substituted "the obligations specified in

subsection (b)(2) of this section" for "all obligations" in third

sentence.

Pub. L. 98-569, Sec. 2(b)(4), struck out "The Secretary is also

authorized to provide, as an element of the Grand Valley unit, for

a technical staff to provide information and assistance to water

users on means and measures for limiting excess water applications

to irrigated lands: Provided, That such assistance shall not exceed

a period of five years after funds first become available under

this subchapter. The Secretary will enter into agreements with the

Secretary of Agriculture to develop a unified control plan for the

Grand Valley unit. The Secretary of Agriculture is directed to

cooperate in the planning and construction of on-farm system

measures under programs available to that Department."

Subsec. (a)(3). Pub. L. 98-569, Sec. 2(b)(5), redesignated par.

(4) as (3). Former par. (3), which related to the Crystal Geyser

unit in Utah, was struck out.

Pub. L. 98-569, Sec. 2(b)(6), substituted ", and consisting of

measures to replace incidental fish and wildlife values foregone."

for the period at the end thereof.

Subsec. (a)(4). Pub. L. 98-569, Sec. 2(b)(7), added par. (4).

Former par. (4) redesignated (3).

Subsec. (a)(5). Pub. L. 98-569, Sec. 2(b)(7), added par. (5).

Subsecs. (b), (c). Pub. L. 98-569, Sec. 2(c), added subsecs. (b)

and (c).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1591, 1595, 1598 of this

title; title 7 section 6962.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

43 USC Sec. 1593 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1593. Planning reports; research and demonstration projects

-STATUTE-

(a) The Secretary is authorized and directed to -

(1) Expedite completion of the planning reports on the following

units, described in the Secretary's report, "Colorado River Water

Quality Improvement Program, February 1972";

(i) Irrigation source control:

Lower Gunnison

Uintah Basin

Colorado River Indian Reservation

Palo Verde Irrigation District

(ii) Point source control:

LaVerkin Springs

Littlefield Springs

Glenwood-Dotsero Springs

(iii) Diffuse source control:

Price River

San Rafael River

Dirty Devil River

McElmo Creek

Big Sandy River

(2) Submit each planning report on the units named in paragraph

(1) of this subsection promptly to the Colorado River Basin States

and to such other parties as the Secretary deems appropriate for

their review and comments. After receipt of comments on a unit and

careful consideration thereof, the Secretary shall submit each

final report with his recommendations, simultaneously, to the

President, other concerned Federal departments and agencies, the

Congress, and the Colorado River Basin States.

(b) The Secretary is directed -

(1) in the investigation, planning, construction, and

implementation of any salinity control unit involving control of

salinity from irrigation sources, to cooperate with the Secretary

of Agriculture in carrying out research and demonstration

projects and in implementing on-the-farm improvements and farm

management practices and programs which will further the

objective of this subchapter;

(2) to undertake research on additional methods for

accomplishing the objective of this subchapter, utilizing to the

fullest extent practicable the capabilities and resources of

other Federal departments and agencies, interstate institutions,

States, and private organizations;

(3) to develop a comprehensive program for minimizing salt

contributions to the Colorado River from lands administered by

the Bureau of Land Management and submit a report which describes

the program and recommended implementation actions to the

Congress and to the members of the advisory council established

by section 1594(a) of this title by July 1, 1987;

(4) to undertake feasibility investigations of saline water use

and disposal opportunities, including measures and all necessary

appurtenant and associated works, to demonstrate saline water use

technology and to beneficially use and dispose of saline and

brackish waters of the Colorado River Basin in joint ventures

with current and future industrial water users, using, but not

limited to, the concepts generally described in the Bureau of

Reclamation Special Report of September 1981, entitled "Saline

water use and disposal opportunities"; and

(5) to undertake advance planning activities on the Sinbad

Valley Unit, Colorado, as described in the Bureau of Land

Management Salinity Status Report, covering the period 1978-1979

and dated February 1980.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 203, June 24, 1974, 88 Stat. 271;

Pub. L. 98-569, Sec. 3, Oct. 30, 1984, 98 Stat. 2937.)

-MISC1-

AMENDMENTS

1984 - Subsec. (b)(3) to (5). Pub. L. 98-569 added pars. (3) to

(5).

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.

-End-

-CITE-

43 USC Sec. 1594 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1594. Colorado River Basin Salinity Control Advisory Council

-STATUTE-

(a) There is created the Colorado River Basin Salinity Control

Advisory Council composed of no more than three members from each

State appointed by the Governor of each of the Colorado River Basin

States.

(b) The Council shall be advisory only and shall -

(1) act as liaison between both the Secretaries of Interior and

Agriculture and the Administrator of the Environmental Protection

Agency and the States in accomplishing the purposes of this

subchapter;

(2) receive reports from the Secretary on the progress of the

salinity control program and review and comment on said reports;

and

(3) recommend to both the Secretary and the Administrator of

the Environmental Protection Agency appropriate studies of

further projects, techniques, or methods for accomplishing the

purposes of this subchapter.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 204, June 24, 1974, 88 Stat. 272.)

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1593, 1595, 1596 of this

title.

-End-

-CITE-

43 USC Sec. 1595 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1595. Salinity control units; authority and functions of

Secretary of the Interior

-STATUTE-

(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)

(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.

(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.

(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.

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-COD-

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.

-MISC1-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 620d, 1543, 1597 of this

title.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

(!2) So in original. Probably should be followed by a period.

(!3) So in original. Probably should be "section".

(!4) So in original. Probably should be section "1592(a)".

(!5) So in original.

-End-

-CITE-

43 USC Sec. 1596 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1596. Biennial report to President, Congress, and Advisory

Council

-STATUTE-

Commencing on January 1, 1975, and every two years thereafter,

the Secretary shall submit, simultaneously, to the President, the

Congress, and the Advisory Council created in section 1594(a) of

this title, a report on the Colorado River salinity control program

authorized by this subchapter covering the progress of

investigations, planning, and construction of salinity control

units for the previous fiscal year, the effectiveness of such

units, anticipated work needed to be accomplished in the future to

meet the objectives of this subchapter, with emphasis on the needs

during the five years immediately following the date of each

report, and any special problems that may be impeding progress in

attaining an effective salinity control program. Said report may be

included in the biennial report on the quality of water of the

Colorado River Basin prepared by the Secretary pursuant to section

620n of this title, section 615ww of this title, and section 616e

of this title.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 206, June 24, 1974, 88 Stat. 274.)

-REFTEXT-

REFERENCES IN TEXT

Sections 615ww and 616e of this title, referred to in text, were

omitted from the Code.

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Secretary submit a

biennial report to Congress, see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 4th item on page 113 of House Document No.

103-7.

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.

-End-

-CITE-

43 USC Sec. 1597 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1597. Construction of provisions of subchapter

-STATUTE-

Except as provided in sections 620d(d)(5), 1543(g)(2), and

1595(b) of this title, with respect to the Colorado River Basin

Project Act [43 U.S.C. 1501 et seq.] and the Colorado River Storage

Project Act [43 U.S.C. 620 et seq.], respectively, nothing in this

subchapter shall be construed to alter, amend, repeal, modify,

interpret, or be in conflict with the provisions of the Colorado

River Compact (45 Stat. 1057), the Upper Colorado River Basin

Compact (63 Stat. 31), the Water Treaty of 1944 with the United

Mexican States (Treaty Series 994; 59 Stat. 1219), the decree

entered by the Supreme Court of the United States in Arizona

against California and others (376 U.S. 340), the Boulder Canyon

Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], Boulder Canyon

Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C.

618 et seq.], section 15 of the Colorado River Storage Project Act

(70 Stat. 111; 43 U.S.C. 620n), the Colorado River Basin Project

Act (82 Stat. 885), section 6 of the Fryingpan-Arkansas Project Act

(76 Stat. 393) [43 U.S.C. 616e], section 15 of the Navajo Indian

irrigation project and initial stage of the San Juan-Chama Project

Act (76 Stat. 102) [43 U.S.C. 615ww], the National Environmental

Policy Act of 1969 [42 U.S.C. 4321 et seq.], and the Federal Water

Pollution Control Act, as amended [33 U.S.C. 1251 et seq.].

-SOURCE-

(Pub. L. 93-320, title I, Sec. 207, June 24, 1974, 88 Stat. 274.)

-REFTEXT-

REFERENCES IN TEXT

Sections 620d(d)(5), 1543(g)(2), and 1595(b) of this title,

referred to in text, was in the original a reference to "section

205(b) and 205(d) of this title", meaning section 205(b) and (d) of

title II of Pub. L. 93-320. Section 205(b)(1) is classified to

section 1595(b) of this title; section 205(b)(2) amended section

403(g) of the Colorado River Basis Project Act by inserting a new

par. (2), which is classified to section 1543(g)(2) of this title;

and 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.

This subchapter, referred to in text, was in the original "this

title", meaning title II of Pub. L. 93-320, which enacted this

subchapter and amended sections 1620d(d) and 1543(g) of this title.

For complete classification of title II to the Code, see Tables.

The Colorado River Basin Project Act, referred to in text, is

Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is

classified principally to chapter 32 (Sec. 1501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1501 of this title and

Tables.

The Colorado River Storage Project Act, referred to in text, 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.

The Colorado River Compact (45 Stat. 1057), the Upper Colorado

River Basin Compact (63 Stat. 31), and the Water Treaty of 1944,

referred to in text, are not classified to the Code.

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this

title. For complete classification of this Act to the Code, see

section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text,

is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is

classified generally to subchapter II (Sec. 618 et seq.) of chapter

12A of this title. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

Section 6 of the Fryingpan-Arkansas Project Act [43 U.S.C. 616e]

and section 15 of the Navajo Indian irrigation project and initial

stage of the San Juan-Chama Project Act [43 U.S.C. 615ww], referred

to in text, were omitted from the Code.

The National Environmental Policy Act of 1969, referred to in

text, is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,

which is classified generally to chapter 55 (Sec. 4321 et seq.) of

Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

The Federal Water Pollution Control Act, as amended, referred to

in text, is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally 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 note set out under section

1251 of Title 33 and Tables.

-End-

-CITE-

43 USC Sec. 1598 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1598. Achieving project objectives

-STATUTE-

(a) Modification of projects

The Secretary is authorized to provide for modifications of the

projects authorized by this subchapter as determined to be

appropriate for purposes of meeting the objective of this

subchapter. No funds for any such modification shall be expended

until the expiration of sixty days after the proposed modification

has been submitted to appropriate committees of the Congress,

except that funds may be expended prior to the expiration of such

sixty days in any case in which the Congress approves an earlier

date by concurrent resolution. The Governors of the Colorado River

Basin States shall be notified of these changes.

(b) Contract authority; authorization of appropriations

The Secretary is hereby authorized to enter into contracts that

he deems necessary to carry out the provisions of this subchapter,

in advance of the appropriation of funds therefor. There is hereby

authorized to be appropriated the sum of $125,100,000 for the

construction of the works and for other purposes authorized in

section 1592(a) or (b) of this title, based on April 1973 prices,

plus or minus such amounts as may be justified by reason of

ordinary fluctuations in costs involved therein, and such sums as

may be required to operate and maintain such works. The funds

authorized to be appropriated by this section may be used for

construction of any or all of the works or portions thereof and for

other purposes authorized in subsection (a) of this section,

including measures as provided for in subsection (b) of section

1592 of this title. There is further authorized to be appropriated

such sums as may be necessary to pay condemnation awards in excess

of appraised values and to cover costs required in connection with

the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 [42 U.S.C. 4601 et seq.].

(c) Implementation of basinwide salinity control program

In addition to the amounts authorized to be appropriated under

subsection (b) of this section, there are authorized to be

appropriated $175,000,000 for section 1592(a) of this title,

including constructing the works described in paragraph (6) of

section 1592(a) of this title and carrying out the measures

described in such paragraph. Notwithstanding subsection (b) of this

section, the Secretary may implement the program under section

1592(a)(6) of this title only to the extent and in such amounts as

are provided in advance in appropriations Acts.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 208, June 24, 1974, 88 Stat. 274;

Pub. L. 98-569, Sec. 5, Oct. 30, 1984, 98 Stat. 2939; Pub. L.

104-20, Sec. 1(3), July 28, 1995, 109 Stat. 256; Pub. L. 106-459,

Sec. 1, Nov. 7, 2000, 114 Stat. 1987.)

-REFTEXT-

REFERENCES IN TEXT

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in subsec. (b), is Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1894, which is classified generally

to chapter 61 (Sec. 4601 et seq.) of Title 42, The Public Health

and Welfare. For complete classification of this Act to the Code,

see Short Title note set out under section 4601 of Title 42 and

Tables.

-MISC1-

AMENDMENTS

2000 - Subsec.(c). Pub. L. 106-459, in first sentence,

substituted "$175,000,000 for section 1592(a) of this title" for

"$75,000,000 for subsection 1592(a) of this title" and "paragraph

(6) of section 1592(a) of this title" for "paragraph 1592(a)(6) of

this title" and, in second sentence, substituted "section

1592(a)(6) of this title" for "paragraph 1592(a)(6) of this title".

1995 - Subsec. (c). Pub. L. 104-20 added subsec. (c).

1984 - Subsec. (a). Pub. L. 98-569, Sec. 5(a), struck out "and

not then if disapproved by said committees" before ", except that

funds may be expended".

Subsec. (b). Pub. L. 98-569, Sec. 5(b)(1), inserted "(a) or (b)"

after "1592".

Pub. L. 98-569, Sec. 5(b)(2), inserted "The funds authorized to

be appropriated by this section may be used for construction of any

or all of the works or portions thereof and for other purposes

authorized in subsection (a) of this section, including measures as

provided for in subsection (b) of section 1592 of this title."

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.

-End-

-CITE-

43 USC Sec. 1599 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32A - COLORADO RIVER BASIN SALINITY CONTROL

SUBCHAPTER II - MEASURES UPSTREAM FROM IMPERIAL DAM

-HEAD-

Sec. 1599. Definitions

-STATUTE-

As used in this subchapter -

(a) all terms that are defined in the Colorado River Compact

shall have the meanings therein defined;

(b) "Colorado River Basin States" means the States of Arizona,

California, Colorado, Nevada, New Mexico, Utah, and Wyoming.

-SOURCE-

(Pub. L. 93-320, title II, Sec. 209, June 24, 1974, 88 Stat. 275.)

-End-