Title 43 — Public Lands
Chapter 32A — Colorado River Basin Salinity Control
§ 1595. Salinity control units; authority and functions of the Secretary of the Interior
Statutory text
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:
Nonreimbursable costs; reimbursable costs.—
Nonreimbursable costs.—
In general.—
In recognition of Federal responsibility for the Colorado River as an interstate stream and for international comity with Mexico, Federal ownership of the land of the Colorado River Basin from which most of the dissolved salts originate, and the policy established in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and except as provided in clause (ii), the following shall be nonreimbursable:
75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(1) of this title, including 90 percent of—
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(2) of this title, including 100 percent of—
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
75 percent of the total costs of construction, operation, maintenance, and replacement of each unit or separable feature of a unit authorized by section 1592(a)(3) of this title, including 75 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
70 percent of the total costs of construction, operation, maintenance, and replacement of each unit or separable feature of a unit authorized by paragraphs (4) and (6) of section 1592(a) of this title, including 70 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
70 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(5) of this title, including 100 percent of—
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
85 percent of the total costs of implementation of the on-farm measures authorized by section 1592(c) of this title, including 85 percent of the total costs of the associated measures to replace incidental fish and wildlife values foregone.
Special rule for nonreimbursable costs for fiscal years 2024 and 2025.—
Notwithstanding clause (i), for each of fiscal years 2024 and 2025, the following shall be nonreimbursable:
75 percent of all costs described in clause (i)(I).
75 percent of all costs described in clause (i)(II).
70 percent of all costs described in clause (i)(V).
The percentages of all costs described in subclauses (III), (IV), and (VI) of clause (i).
Reimbursable costs.—
The total costs remaining after the allocations under clauses (i) and (ii) of subparagraph (A) shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5).
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:
benefits to be derived in each basin from the use of water of improved quality and the use of works for improved water management;
causes of salinity; and
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.
Costs of construction and replacement of each unit or separable feature thereof authorized by sections 1 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 1 1592(a)(1), (2), and (3) of this title, allocated to the upper basin and to the lower basin under subsection (a)(2) shall be repaid within a fifty-year period or within a period equal to the estimated life of the unit, separable feature thereof, or replacement, whichever is less, without interest from the date such unit, separable feature, or replacement is determined by the Secretary to be in operation.
Costs of construction and replacement of each unit or separable feature thereof authorized by paragraphs (4) through (6) of section 1592 2 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 2 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) shall be repaid as provided in subparagraphs (ii) and (iii), respectively, of this paragraph.
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.
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.
The interest rates used pursuant to this chapter shall be determined by the Secretary of the Treasury, taking into consideration average market yields on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the reimbursement period during the month preceding , for costs outstanding at that date, or, in the case of costs incurred subsequent to , during the month preceding the fiscal year in which the costs are incurred.
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) 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 3 with interest calculated in the same manner as provided in subsection (a)(4)(iv). 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.
Costs payable from Lower Colorado River Basin Development Fund
In general.—
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) shall be paid in accordance with section 1543(g)(2) of this title, from the Lower Colorado River Basin Development Fund.
Omitted
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) 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).
Omitted
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) and in conformity with subsection (a)(3), subsection (a)(4) and subsection (a)(5): 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.
Up-front cost share
In general
Effective beginning on the date of enactment of this paragraph, subject to paragraph (3), the cost share obligations required by this section shall be met through an up-front cost share from the Basin Funds, in the same proportions as the cost allocations required under subsection (a), as provided in paragraph (2).
Basin States Program
The Secretary shall expend the required cost share funds described in paragraph (1) through the Basin States Program for salinity control activities established under section 1592(a)(7) of this title.
Existing salinity control activities
The cost share contribution required by this section shall continue to be met through repayment in a manner consistent with this section for all salinity control activities for which repayment was commenced prior to the date of enactment of this paragraph.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–320 title II § 205 · 88 Stat. 266
Enacted · 43 U.S.C. § 1595
Pub. L. 93–320, title II, § 205, June 24, 1974, 88 Stat. 272
Source evidence
Code source credit
Pub. L. 93–320, title II, § 205, June 24, 1974, 88 Stat. 272Enacted provision · exact public law section
Sec. 205. (a) The Secretary shall allocate the total costs of each Costs, allocation. 43 USC 1595. unit or separable feature thereof authorized by section 202 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), 75 per centum of the total costs of construction, operation, 33 USC 1251 note. maintenance, and replacement of each unit or separable feature thereof shall be nonreimbursable. (2) Twenty-five per centum 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) and 43 USC 620d. the Lower Colorado River Basin Development Fund established by section 403(a) of the Colorado River Basin Project Act (82 Stat. 895), after consultation with the Advisory Council created in section 43 USC 1543. 204 (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 205(d) of this title: Provided, That costs allocated to the Upper Colorado Costs, limitation. River Basin Fund under section 205(a) (2) of this title 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 of each unit or separable feature thereof Construction costs, repayment. allocated to the upper basin and to the lower basin under section 205(a) (2) of this title shall be repaid within a fifty-year period without interest from the date such unit or separable feature thereof is determined by the Secretary to be in operation. (b) (1) Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the lower basin under section 205(a) (2) of this title shall be paid in accordance with subsection 205(b) (2) of this title, from the Lower Colorado River Basin Development Fund. (2) Section 403(g) of the Colorado River Basin Project Act (82 Stat. 896) is hereby amended as follows: strike the word “and” after 43 USC 1543. the word “Act,” in line 8; insert after the word “Act,” the following “(2) for repayment to the general fund of the Treasury the costs of each salinity control unit or separable feature thereof payable from the Lower Colorado River Basin Development Fund in accordance with sections 205(a) (2), 205(a) (3), and 205(b) (1) of the Colorado River Salinity Control Act and”; change paragraph (2) to paragraph (3). (c) Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the upper basin under section 205(a) (2) of this title shall be paid in accordance with section 205(d) of this title from the Upper Colorado River Basin Fund within the limit of the funds made available under section 205(e) of this title. (d) Section 5(d) of the Colorado River Storage Project Act (70 Stat. 108) is hereby amended as follows: strike the word “and” at the 43 USC 620d. end of paragraph (3); strike the period after the word “years” at the end of paragraph (4) and insert a semicolon in lieu thereof followed by the word “and”; add a new paragraph (5) reading: “(5) the costs of each salinity control unit or separable feature thereof payable from the Upper Colorado River Basin Fund in accordance with sections 205(a)(2), 205(a)(3), and 205(c) of the Colorado River Salinity Control Act.”. (e) The Secretary is authorized to make upward adjustments in Electrical energy rates, adjustments. 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 of construction, operation, maintenance, and replacement of units allocated under section 205(a)(2) and in conformity with section 205(a) (3) of this title: Provided, That revenues derived from said rate adjustments shall be available solely for the construction, operation, maintenance, and replacement of salinity control units in the Colorado River Basin herein authorized.Pub. L. 98–569 § 4(a) · 98 Stat. 2933
Inserted · 43 U.S.C. § 1595(a)
Pub. L. 98–569, § 4(a), inserted “(a)” after “section 1592”
Inserted · 43 U.S.C. § 1595(a)
Pub. L. 98–569, § 4(a), 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”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–569, § 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”.Enacted provision · exact public law section
(a) Section 205(a) of the Act (43 U.S.C. 1595(a)) is amended by inserting “(a)” after “section 202” and by inserting after “total costs” the following: “(excluding costs borne by non-Federal participants pursuant to section 202(c)(2)(C)) of the on-farm measures authorized by section 202(c), of all measures to replace incidental fish and wildlife values foregone, and”.Pub. L. 98–569 § 4(b) · 98 Stat. 2933
Inserted · 43 U.S.C. § 1595(a)(1)
Pub. L. 98–569, § 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)” at the end thereof
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–569, § 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)” at the end thereof.Enacted provision · exact public law section
(b) Section 205(a)(1) of such Act is amended by inserting before “shall be nonreimbursable.” the words “authorized by section 202(a) (1), (2), and (3), 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 202(a) (4) and (5), including 70 per centum of the total Ante, p. 2933. 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 202(c), including 70 per centum of the total Ante, p. 2934. costs of the associated measures to replace incidental fish and wildlife values foregone,”. Section 205(a)(1) of such Act is further amended by adding at the end thereof “The total costs remain-ing after these allocations shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5), of section 205(a)”.Pub. L. 98–569 § 4(d) · 98 Stat. 2933
Substituted · 43 U.S.C. § 1595(a)(3)
Pub. L. 98–569, § 4(d), substituted “construction and replacement of each unit” for “construction, operation, maintenance, and replacement of each unit” before “or separable features thereof”
Inserted · 43 U.S.C. § 1595(a)(3)
Pub. L. 98–569, § 4(d), 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”
Inserted · 43 U.S.C. § 1595(a)(3)
Pub. L. 98–569, § 4(d), inserted “or within a period equal to the estimated life of the unit, separable feature thereof, or replacement, whichever is less,” before “without interest”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 98–569, § 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”.Enacted provision · exact public law section
(d) Section 205(a)(3) of such Act is amended to read as follows: “(3) Costs of construction and replacement of each unit or separable feature thereof authorized by sections 202(a) (1), (2), and (3) and costs of construction of measures to replace incidental fish and wildlife values foregone, when such measures are a part of the units Ante, p. 2933. authorized by sections 202(a) (1), (2), and (3), allocated to the upper basin and to the lower basin under section 205(a)(2) of this title 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.”.Pub. L. 98–569 § 4(e) · 98 Stat. 2933
Added · 43 U.S.C. § 1595(a)(4); 43 U.S.C. § 1595(a)(5)
Pub. L. 98–569, § 4(e), added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (a)(4), (5). Pub. L. 98–569, § 4(e), added pars. (4) and (5).Enacted provision · exact public law section
(e) Section 205(a) of such Act is amended by inserting at the end thereof the following new paragraphs: “(4) (i) Costs of construction and replacement of each unit or separable feature thereof authorized by sections 202(a) (4) and (5), 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 202(c) or of the units authorized by sections 202(a) (4) and (5), and costs of implementation of the on-farm measures authorized by section 202(c) allocated to the upper basin and to the lower basin under section 205(a)(2) of this title 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 Act 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 the date of enactment of the Act entitled “An Act to amend the Colorado River Basin Salinity Control Act to authorize certain additional measures to assure accomplishment of the objectives of title II of such Act, and for other purposes” for costs outstanding at that date, or, in the case of costs incurred subsequent to enactment of such Act, 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 202(a) and of measures to replace incidental fish and wildlife values foregone allocated to the upper basin and to the lower basin under section 205(a)(2) of this title shall be repaid without interest in the fiscal year next succeeding the fiscal year in which such costs are incurred. In the event that revenues are not available to repay the portion of operation and maintenance costs allocated to the Upper Colorado River Basin fund and to the Lower Colorado River Basin development fund in the year next succeeding the fiscal year in which such costs are incurred, the deficiency shall be repayed with interest calculated in the same manner as provided in section 205(a)(4)(iv). Any reimbursement due non-Federal entities pursuant to section 202(b)(2) shall be Ante, p. 2934. repaid without interest in the fiscal year next succeeding the fiscal year in which such operation and maintenance costs are incurred.”.Pub. L. 98–569 § 4(f)(1) · 98 Stat. 2933
Inserted · 43 U.S.C. § 1595(b)
Pub. L. 98–569, § 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”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–569, § 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”.Enacted provision · exact public law section
(1) Section 205(b)(1) of such Act is amended by inserting “authorized 43 USC 1595. by section 202(a), 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 202(c),” before “allocated for repayment”.Pub. L. 98–569 § 4(g) · 98 Stat. 2933
Inserted · 43 U.S.C. § 1595(c)
Pub. L. 98–569, § 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”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–569, § 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”.Enacted provision · exact public law section
(g) Section 205(c) of the Act is amended by inserting “authorized by section 202(a), 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 202(c)” before “allocated for”.Pub. L. 98–569 § 4(i) · 98 Stat. 2933
Struck · 43 U.S.C. § 1595(e)
Pub. L. 98–569, § 4(i), struck out “of construction, operation, maintenance, and replacement of units” before “allocated under”
Inserted · 43 U.S.C. § 1595(e)
Pub. L. 98–569, § 4(i), inserted “to the Upper Colorado River Basin Fund” after “allocated”
Inserted · 43 U.S.C. § 1595(e)
Pub. L. 98–569, § 4(i), inserted “, subsection (a)(4) and subsection (a)(5)” after “subsection (a)(3)”
Inserted · 43 U.S.C. § 1595(e)
Pub. L. 98–569, § 4(i), 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”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 98–569, § 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)” 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”.Enacted provision · exact public law section
(i) Section 205(e) of the Act is amended by— (1) striking out “of construction, operation, maintenance, and replacement of units”; (2) inserting “to the Upper Colorado River Basin Fund” after “allocated”; (3) inserting “, section 205(a)(4) and section 205(a)(5)” after “section 205(a)(3)”; and (4) inserting “, 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”.Pub. L. 104–20 § 1(2)(A) · 109 Stat. 255
Substituted · 43 U.S.C. § 1595(a)(1)
Pub. L. 104–20, § 1(2)(A), substituted “authorized by paragraphs (4) through (6) of section 1592(a)” for “authorized by section 1592(a)(4) and (5)”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–20, § 1(2)(A), substituted “authorized by paragraphs (4) through (6) of section 1592(a)” for “authorized by section 1592(a)(4) and (5)”.Enacted provision · exact public law section
(A) in paragraph (1) by striking “authorized by section 202(a) (4) and (5)” and inserting “authorized by paragraphs (4) through (6) of section 202(a)”; andPub. L. 104–20 § 1(2)(B) · 109 Stat. 255
Substituted · 43 U.S.C. § 1595(a)(4)(i)
Pub. L. 104–20, § 1(2)(B), substituted “paragraphs (4) through (6) of section 1592” for “sections 1592(a)(4) and (5)” in two places
Source evidence
Code amendment note
Subsec. (a)(4)(i). Pub. L. 104–20, § 1(2)(B), substituted “paragraphs (4) through (6) of section 1592” for “sections 1592(a)(4) and (5)” in two places.Enacted provision · exact public law section
(B) in paragraph (4)(i), by striking “sections 202(a)(4) and (5)” each place it appears and inserting “paragraphs (4) through (6) of section 202”;Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 § 336(c)(2)(A) · 110 Stat. 888
Struck · 43 U.S.C. § 1595(a)
Pub. L. 104–127, § 336(c)(2)(A), struck out “pursuant to section 1592(c)(2)(C) of this title” after “non-Federal participants” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–127, § 336(c)(2)(A), struck out “pursuant to section 1592(c)(2)(C) of this title” after “non-Federal participants” in introductory provisions.Enacted provision · exact public law section
(A) in subsection (a), by striking “pursuant to section 202(c)(2)(C)”; and by adding at the end the following: “(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.”.Federal Agriculture Improvement and Reform Act of 1996
Pub. L. 104–127 § 336(c)(2)(B) · 110 Stat. 888
Added · 43 U.S.C. § 1595(f)
Pub. L. 104–127, § 336(c)(2)(B), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 104–127, § 336(c)(2)(B), added subsec. (f).Enacted provision · exact public law section
(2) Funds.— Section 205 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1595) is amended— (A) in subsection (a), by striking “pursuant to section 202(c)(2)(C)”; and by adding at the end the following: “(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.”.Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 2806(b)(2) · 122 Stat. 1651
Added · 43 U.S.C. § 1595(f)
Pub. L. 110–246, § 2806(b)(2), added subsec. (f)
Struck · 43 U.S.C. § 1595(f)
Pub. L. 110–246, § 2806(b)(2), struck out former subsec. (f). Prior to amendment, text read as follows: “The Secretary may expend funds available in the Basin Funds referred to in this section to carry out cost-share salinity measures in a manner that is consistent with the cost allocations required under this section.”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 110–246, § 2806(b)(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Secretary may expend funds available in the Basin Funds referred to in this section to carry out cost-share salinity measures in a manner that is consistent with the cost allocations required under this section.”Enacted provision · exact public law section
(2) Section 205 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1595) is amended by striking subsection (f) and inserting the following new subsection: “(f) Up-Front Cost Share.— “(1) In general.— Effective beginning on the date of enactment of this paragraph, subject to paragraph (3), the cost share obligations required by this section shall be met through an up-front cost share from the Basin Funds, in the same proportions as the cost allocations required under subsection (a), as provided in paragraph (2). “(2) Basin states program.— The Secretary shall expend the required cost share funds described in paragraph (1) through the Basin States Program for salinity control activities established under section 202(a)(7). “(3) Existing salinity control activities.— The cost share contribution required by this section shall continue to be met through repayment in a manner consistent with this section for all salinity control activities for which repayment was commenced prior to the date of enactment of this paragraph.” .Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.Pub. L. 118–183 § 2(1) · 138 Stat. 2625
Inserted · 43 U.S.C. § 1595
Pub. L. 118–183, § 2(1), inserted section catchline
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–183, § 2(1), inserted section catchline.Pub. L. 118–183 § 2(1) · 138 Stat. 2625
Inserted · 43 U.S.C. § 1595(a)
Pub. L. 118–183, § 2(1), inserted heading
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–183, § 2(1), inserted heading.Pub. L. 118–183 § 2(2) · 138 Stat. 2625
Added · 43 U.S.C. § 1595(a)(1)
Pub. L. 118–183, § 2(2), added par. (1)
Struck · 43 U.S.C. § 1595(a)(1)
Pub. L. 118–183, § 2(2), struck out former par. (1) which described various nonreimbursable and reimbursable costs
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 118–183, § 2(2), added par. (1) and struck out former par. (1) which described various nonreimbursable and reimbursable costs.Pub. L. 118–183 § 2(3) · 138 Stat. 2625
Inserted · 43 U.S.C. § 1595(b)
Pub. L. 118–183, § 2(3), inserted subsec. and par. (1) headings
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–183, § 2(3), inserted subsec. and par. (1) headings.Pub. L. 118–183 § 2(4) · 138 Stat. 2625
Inserted · 43 U.S.C. § 1595(c)
Pub. L. 118–183, § 2(4), inserted heading
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–183, § 2(4), inserted heading.Pub. L. 118–183 § 2(5) · 138 Stat. 2625
Inserted · 43 U.S.C. § 1595(e)
Pub. L. 118–183, § 2(5), inserted heading
Unresolved: Pub. L. 118–183 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–183, § 2(5), inserted heading.
20 of 27 references resolved to an enrolled provision · 7 unresolved
Editorial Notes
References in Text
The Federal Water Pollution Control Act, referred to in subsec. (a)(1)(A)(i), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, , 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
Section 1543(g)(2) of this title, referred to in subsec. (b)(1), was in the original a reference to “section 205(b)(2) of this title”, meaning section 205(b)(2) of title II of Pub. L. 93–320. Such section 205(b)(2) amended section 403(g) of the Colorado River Basin Project Act by inserting a new cl. (2), which is classified to section 1543(g)(2) of this title.
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. (e), is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to chapter 12B (§ 620 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 620 of this title and Tables.
The date of enactment of this paragraph, referred to in subsec. (f)(1), (3), is the date of enactment of Pub. L. 110–246, which was approved .
Codification
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
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 1543 and 620d, respectively, of this title.
Amendments1984–2024 · 5 rounds
2024
Pub. L. 118–183, § 2(1), inserted section catchline.
Subsec. (a). Pub. L. 118–183, § 2(1), inserted heading.
Subsec. (a)(1). Pub. L. 118–183, § 2(2), added par. (1) and struck out former par. (1) which described various nonreimbursable and reimbursable costs.
Subsec. (b). Pub. L. 118–183, § 2(3), inserted subsec. and par. (1) headings.
Subsec. (c). Pub. L. 118–183, § 2(4), inserted heading.
Subsec. (e). Pub. L. 118–183, § 2(5), inserted heading.
2008
Subsec. (f). Pub. L. 110–246, § 2806(b)(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Secretary may expend funds available in the Basin Funds referred to in this section to carry out cost-share salinity measures in a manner that is consistent with the cost allocations required under this section.”
1996
Subsec. (a). Pub. L. 104–127, § 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, § 336(c)(2)(B), added subsec. (f).
1995
Subsec. (a)(1). Pub. L. 104–20, § 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, § 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, § 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, § 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)” at the end thereof.
Subsec. (a)(3). Pub. L. 98–569, § 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, § 4(e), added pars. (4) and (5).
Subsec. (b). Pub. L. 98–569, § 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, § 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, § 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)” after “subsection (a)(3)”, and inserted “, for the construction, operation and maintenance of measures to replace incidental fish and wildlife values foregone, and for the implementation of on-farm measures” after “salinity control units”.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective , the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–569 effective , 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 , to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
Credits
1974–2024 · 7 acts
- 1974Pub. L. 93–320, title II, § 205, , 88 Stat. 272
- 1984Pub. L. 98–569, § 4(a)–(f)(1), (g), (i), , 98 Stat. 2937–2939
- 1995Pub. L. 104–20, § 1(2), , 109 Stat. 255
- 1996Pub. L. 104–127, title III, § 336(c)(2), , 110 Stat. 1006
- 2008Pub. L. 110–234, title II, § 2806(b)(2), , 122 Stat. 1090
- 2008Pub. L. 110–246, § 4(a), title II, § 2806(b)(2), , 122 Stat. 1664, 1818
- 2024Pub. L. 118–183, § 2, , 138 Stat. 2625.
Show as published
(Pub. L. 93–320, title II, § 205, , 88 Stat. 272; Pub. L. 98–569, § 4(a)–(f)(1), (g), (i), , 98 Stat. 2937–2939; Pub. L. 104–20, § 1(2), , 109 Stat. 255; Pub. L. 104–127, title III, § 336(c)(2), , 110 Stat. 1006; Pub. L. 110–234, title II, § 2806(b)(2), , 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2806(b)(2), , 122 Stat. 1664, 1818; Pub. L. 118–183, § 2, , 138 Stat. 2625.)