43 U.S.C. § 1595 — Salinity control units; authority and func-

Page 423 TITLE 43—PUBLIC LANDS § 1595 River from lands administered by the Bureau of Land Management and submit a report which describes the program and rec- ommended 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 appur- tenant and associated works, to demonstrate saline water use technology and to bene- ficially 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 con- cepts 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 de- scribed in the Bureau of Land Management Salinity Status Report, covering the period 1978–1979 and dated February 1980. (Pub. L. 93–320, title II, § 203, June 24, 1974, 88 Stat. 271; Pub. L. 98–569, § 3, Oct. 30, 1984, 98 Stat. 2937.) Editorial Notes AMENDMENTS 1984—Subsec. (b)(3) to (5). Pub. L. 98–569 added pars. (3) to (5). Statutory Notes and Related Subsidiaries 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. § 1594. Colorado River Basin Salinity Control Ad- visory Council (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 Colo- rado River Basin States. (b) The Council shall be advisory only and shall— (1) act as liaison between both the Secre- taries of Interior and Agriculture and the Ad- ministrator 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 Protec- tion Agency appropriate studies of further projects, techniques, or methods for accom- plishing the purposes of this subchapter. (Pub. L. 93–320, title II, § 204, June 24, 1974, 88 Stat. 272.) Statutory Notes and Related Subsidiaries 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 Presi- dent 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 oth- erwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 1595. Salinity control units; authority and func- tions of the Secretary of the Interior (a) Allocation of costs The Secretary shall allocate the total costs (excluding costs borne by non-Federal partici- pants) of the on-farm measures authorized by section 1592(c) of this title, of all measures to re- place incidental fish and wildlife values fore- gone, and of each unit or separable feature thereof authorized by section 1592(a) of this title, as follows: (1) NONREIMBURSABLE COSTS; REIMBURSABLE COSTS.— (A) NONREIMBURSABLE COSTS.— (i) IN GENERAL.—In recognition of Federal responsibility for the Colorado River as an interstate stream and for international com- ity 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 Pol- lution Control Act (33 U.S.C. 1251 et seq.) and except as provided in clause (ii), the fol- lowing shall be nonreimbursable: (I) 75 percent of the total costs of con- struction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(1) of this title, including 90 percent of— (aa) the costs of operation and mainte- nance of each unit or separable feature of a unit authorized by that section; and (bb) the total costs of construction, op- eration, and maintenance of the associ- ated measures to replace incidental fish and wildlife values foregone. (II) 75 percent of the total costs of con- struction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(2) of this title, including 100 percent of— (aa) the costs of operation and mainte- nance of each unit or separable feature of a unit authorized by that section; and (bb) the total costs of construction, op- eration, and maintenance of the associ- ated measures to replace incidental fish and wildlife values foregone. (III) 75 percent of the total costs of con- struction, operation, maintenance, and re- placement of each unit or separable fea- ture of a unit authorized by section 1592(a)(3) of this title, including 75 percent of the total costs of construction, oper- ation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. (IV) 70 percent of the total costs of con- struction, operation, maintenance, and re- placement of each unit or separable fea- ture of a unit authorized by paragraphs (4) Page 424 TITLE 43—PUBLIC LANDS § 1595 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be section ‘‘1592(a)’’. and (6) of section 1592(a) of this title, in- cluding 70 percent of the total costs of con- struction, operation, and maintenance of the associated measures to replace inci- dental fish and wildlife values foregone. (V) 70 percent of the total costs of con- struction and replacement of each unit or separable feature of a unit authorized by section 1592(a)(5) of this title, including 100 percent of— (aa) the costs of operation and mainte- nance of each unit or separable feature of a unit authorized by that section; and (bb) the total costs of construction, op- eration, and maintenance of the associ- ated measures to replace incidental fish and wildlife values foregone. (VI) 85 percent of the total costs of im- plementation of the on-farm measures au- thorized by section 1592(c) of this title, in- cluding 85 percent of the total costs of the associated measures to replace incidental fish and wildlife values foregone. (ii) SPECIAL RULE FOR NONREIMBURSABLE COSTS FOR FISCAL YEARS 2024 AND 2025.—Not- withstanding clause (i), for each of fiscal years 2024 and 2025, the following shall be nonreimbursable: (I) 75 percent of all costs described in clause (i)(I). (II) 75 percent of all costs described in clause (i)(II). (III) 70 percent of all costs described in clause (i)(V). (IV) The percentages of all costs de- scribed in subclauses (III), (IV), and (VI) of clause (i). (B) REIMBURSABLE COSTS.—The total costs remaining after the allocations under clauses (i) and (ii) of subparagraph (A) shall be reim- bursable as provided for in paragraphs (2), (3), (4), and (5). (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 fol- lowing 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 sec- tion 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 author- ized by sections 1 1592(a)(1), (2), and (3) of this title and costs of construction of measures to re- place incidental fish and wildlife values fore- gone, 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 pe- riod equal to the estimated life of the unit, sepa- rable 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 author- ized by paragraphs (4) through (6) of section 1592 2 of this title, costs of construction of meas- ures to replace incidental fish and wildlife val- ues 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 re- paid 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, re- placement, 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 in- curred to the extent that money is available from the Lower Colorado River Basin develop- ment fund to repay costs allocated to the lower basin. If in any fiscal year the money available from the Lower Colorado River Basin develop- ment fund for such repayment is insufficient to repay the costs allocated to the lower basin, as provided in the preceding sentence, the defi- ciency shall be repaid with interest as soon as money becomes available in the fund for repay- ment 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 obli- gations of the United States with remaining pe- riods to maturity comparable to the reimburse- ment period during the month preceding Octo- ber 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 fore- gone allocated to the upper basin and to the lower basin under subsection (a)(2) shall be re- paid without interest in the fiscal year next suc- Page 425 TITLE 43—PUBLIC LANDS § 1595 3 So in original. ceeding 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 Colo- rado River Basin fund and to the Lower Colo- rado River Basin development fund in the year next succeeding the fiscal year in which such costs are incurred, the deficiency shall be re- payed 3 with interest calculated in the same manner as provided in subsection (a)(4)(iv). Any reimbursement due non-Federal entities pursu- ant to section 1592(b)(2) of this title shall be re- paid without interest in the fiscal year next suc- ceeding the fiscal year in which such operation and maintenance costs are incurred. (b) Costs payable from Lower Colorado River Basin Development Fund (1) IN GENERAL.—Costs of construction, oper- ation, maintenance, and replacement of each unit or separable feature thereof authorized by section 1592(a) of this title, costs of construc- tion, operation, and maintenance of measures to replace incidental fish and wildlife values fore- gone, 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 ac- cordance with section 1543(g)(2) of this title, from the Lower Colorado River Basin Develop- ment Fund. (2) Omitted (c) Costs payable from Upper Colorado River Basin Fund Costs of construction, operation, maintenance, and replacement of each unit or separable fea- ture thereof authorized by section 1592(a) of this title, costs of construction, operation, and main- tenance of measures to replace incidental fish and wildlife values foregone, and costs of imple- mentation of the on-farm measures authorized by section 1592(c) of this title allocated for re- payment 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). (d) Omitted (e) Upward adjustment of rates for electrical en- ergy The Secretary is authorized to make upward adjustments in rates charged for electrical en- ergy 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 con- formity 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 con- trol units, for the construction, operation, and maintenance of measures to replace incidental fish and wildlife values foregone, and for the im- plementation of on-farm measures in the Colo- rado River Basin herein authorized. (f) Up-front cost share (1) In general Effective beginning on the date of enact- ment 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 pro- portions 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 1592(a)(7) of this title. (3) Existing salinity control activities The cost share contribution required by this section shall continue to be met through re- payment in a manner consistent with this sec- tion for all salinity control activities for which repayment was commenced prior to the date of enactment of this paragraph. (Pub. L. 93–320, title II, § 205, June 24, 1974, 88 Stat. 272; Pub. L. 98–569, § 4(a)–(f)(1), (g), (i), Oct. 30, 1984, 98 Stat. 2937–2939; Pub. L. 104–20, § 1(2), July 28, 1995, 109 Stat. 255; Pub. L. 104–127, title III, § 336(c)(2), Apr. 4, 1996, 110 Stat. 1006; Pub. L. 110–234, title II, § 2806(b)(2), May 22, 2008, 122 Stat. 1090; Pub. L. 110–246, § 4(a), title II, § 2806(b)(2), June 18, 2008, 122 Stat. 1664, 1818; Pub. L. 118–183, § 2, Dec. 23, 2024, 138 Stat. 2625.) 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, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. 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 sec- tion 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 sec- tion 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 June 18, 2008. 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. Page 426 TITLE 43—PUBLIC LANDS § 1596 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. AMENDMENTS 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 non- reimbursable 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 meas- ures in a manner that is consistent with the cost allo- cations 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), sub- stituted ‘‘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 ‘‘sec- tions 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 au- thorized 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 ‘‘author- ized by section 1592(a)(1), (2), and (3) of this title, in- cluding 75 per centum of the total costs of construc- tion, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone, 70 per centum of the total costs of construc- tion, 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 main- tenance of the associated measures to replace inci- dental fish and wildlife values foregone, and 70 per cen- tum 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 wild- life 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 ‘‘con- struction and replacement of each unit’’ for ‘‘construc- tion, 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 replace- ment, 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 ‘‘author- ized by section 1592(a) of this title, costs of construc- tion, operation, and maintenance of measures to re- place incidental fish and wildlife values foregone, and costs of implementation of the on-farm measures au- thorized by section 1592(c) of this title,’’ before ‘‘allo- cated 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 in- cidental 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 con- struction, 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 ‘‘sub- section (a)(3)’’, and inserted ‘‘, for the construction, op- eration and maintenance of measures to replace inci- dental fish and wildlife values foregone, and for the im- plementation of on-farm measures’’ after ‘‘salinity con- trol 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 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. 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 Presi- dent 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 oth- erwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 1596. Biennial report to President, Congress, and Advisory Council Commencing on January 1, 1975, and every two years thereafter, the Secretary shall submit, si- multaneously, 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 inves- tigations, planning, and construction of salinity control units for the previous fiscal year, the ef- fectiveness of such units, anticipated work need- ed to be accomplished in the future to meet the objectives of this subchapter, with emphasis on the needs during the five years immediately fol- lowing the date of each report, and any special problems that may be impeding progress in at- taining an effective salinity control program. Said report may be included in the biennial re- port 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. (Pub. L. 93–320, title II, § 206, June 24, 1974, 88 Stat. 274.) Editorial Notes REFERENCES IN TEXT Sections 615ww and 616e of this title, referred to in text, were omitted from the Code.