43 U.S.C. § 1593 — Planning reports; research and dem-

Page 422 TITLE 43—PUBLIC LANDS § 1593 chapter A of chapter 4 of subtitle D of title XII of the Act is classified generally to subpart A (§ 3839aa et seq.) of part IV 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 Ta- bles. 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 L. 110–234 were repealed by section 4(a) of Pub.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. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–334 inserted ‘‘subchapter A of’’ before ‘‘chapter 4’’. 2008—Subsec. (a). Pub. L. 110–246, § 2806(b)(1)(A), which directed substitution of ‘‘programs’’ for ‘‘program’’ in introductory provisions, was executed by making the substitution the first time appearing to reflect the probable intent of Congress. Subsec. (a)(7). Pub. L. 110–246, § 2806(a), added par. (7). Subsec. (b)(4). Pub. L. 110–246, § 2806(b)(1)(B), sub- stituted ‘‘programs’’ for ‘‘program’’ and ‘‘(6), and (7)’’ for ‘‘and (6)’’. 1996—Subsec. (c). Pub. L. 104–127 added subsec. (c) and struck out former subsec. (c) which authorized estab- lishment 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, § 1(1), inserted ‘‘and salinity control program’’ after ‘‘the following salinity control units’’ and substituted colon for period in in- troductory provisions and added par. (6). Subsec. (b)(4). Pub. L. 104–20, § 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, § 2(a), designated ex- isting provisions as subsec. (a). Subsec. (a)(1). Pub. L. 98–569, § 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, § 2(b)(2), inserted ‘‘re- placing canals and laterals with pipe,’’ after ‘‘canals and laterals’’ and inserted ‘‘implementing other meas- ures to reduce salt contributions from the Grand Val- ley 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, § 2(b)(3), inserted ‘‘, or portions there- of,’’ after ‘‘Grand Valley unit’’, substituted ‘‘non-Fed- eral entities’’ for ‘‘agencies’’, inserted ‘‘or portions thereof,’’ after ‘‘water distribution systems’’ and sub- stituted ‘‘the obligations specified in subsection (b)(2)’’ for ‘‘all obligations’’ in third sentence. Pub. L. 98–569, § 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 de- velop 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 Depart- ment.’’ Subsec. (a)(3). Pub. L. 98–569, § 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, § 2(b)(6), substituted ‘‘, and consisting of measures to replace incidental fish and wildlife val- ues foregone.’’ for the period at the end thereof. Subsec. (a)(4). Pub. L. 98–569, § 2(b)(7), added par. (4). Former par. (4) redesignated (3). Subsec. (a)(5). Pub. L. 98–569, § 2(b)(7), added par. (5). Subsecs. (b), (c). Pub. L. 98–569, § 2(c), added subsecs. (b) and (c). 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. § 1593. Planning reports; research and dem- onstration projects (a) The Secretary is authorized and directed to— (1) Expedite completion of the planning re- ports on the following units, described in the Secretary’s report, ‘‘Colorado River Water Qual- ity 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 sub- mit each final report with his recommendations, simultaneously, to the President, other con- cerned Federal departments and agencies, the Congress, and the Colorado River Basin States. (b) The Secretary is directed— (1) in the investigation, planning, construc- tion, and implementation of any salinity con- trol unit involving control of salinity from ir- rigation sources, to cooperate with the Sec- retary of Agriculture in carrying out research and demonstration projects and in imple- menting 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 or- ganizations; (3) to develop a comprehensive program for minimizing salt contributions to the Colorado 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)