43 U.S.C. § 1598 — Achieving project objectives

Page 427 TITLE 43—PUBLIC LANDS § 1598 Statutory Notes and Related Subsidiaries 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 sec- tion 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 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. § 1597. Construction of provisions of subchapter 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 Stor- age Project Act [43 U.S.C. 620 et seq.], respec- tively, nothing in this subchapter shall be con- strued to alter, amend, repeal, modify, inter- pret, 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.]. (Pub. L. 93–320, title I, § 207, June 24, 1974, 88 Stat. 274.) Editorial Notes 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; sec- tion 205(b)(2) amended section 403(g) of the Colorado River Basin 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 origi- nal ‘‘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 classi- fication 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, which is classified principally to chapter 32 (§ 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, 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 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 classi- fied 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 (§ 617 et seq.) of chapter 12A of this title. For complete classi- fication of this Act to the Code, see section 617t of this title and Tables. The Boulder Canyon Project Adjustment Act, re- ferred to in text, is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classi- fication 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 irriga- tion 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, re- ferred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 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 amend- ed, referred to in text, 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. § 1598. Achieving project objectives (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 sub- chapter. 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 noti- fied of these changes. (b) Contract authority; authorization of appro- priations 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, Page 428 TITLE 43—PUBLIC LANDS § 1599 plus or minus such amounts as may be justified by reason of ordinary fluctuations in costs in- volved therein, and such sums as may be re- quired to operate and maintain such works. The funds authorized to be appropriated by this sec- tion may be used for construction of any or all of the works or portions thereof and for other purposes authorized in subsection (a), including measures as provided for in subsection (b) of sec- tion 1592 of this title. There is further author- ized 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 As- sistance 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), there are au- thorized to be appropriated $175,000,000 for sec- tion 1592(a) of this title, including constructing the works described in paragraph (6) of section 1592(a) of this title and carrying out the meas- ures described in such paragraph. Notwith- standing subsection (b), the Secretary may im- plement the program under section 1592(a)(6) of this title only to the extent and in such amounts as are provided in advance in appro- priations Acts. (Pub. L. 93–320, title II, § 208, June 24, 1974, 88 Stat. 274; Pub. L. 98–569, § 5, Oct. 30, 1984, 98 Stat. 2939; Pub. L. 104–20, § 1(3), July 28, 1995, 109 Stat. 256; Pub. L. 106–459, § 1, Nov. 7, 2000, 114 Stat. 1987.) Editorial Notes REFERENCES IN TEXT The Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970, referred to in sub- sec. (b), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 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. 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 ‘‘para- graph 1592(a)(6) of this title’’ and, in second sentence, substituted ‘‘section 1592(a)(6) of this title’’ for ‘‘para- graph 1592(a)(6) of this title’’. 1995—Subsec. (c). Pub. L. 104–20 added subsec. (c). 1984—Subsec. (a). Pub. L. 98–569, § 5(a), struck out ‘‘and not then if disapproved by said committees’’ be- fore ‘‘, except that funds may be expended’’. Subsec. (b). Pub. L. 98–569, § 5(b)(1), inserted ‘‘(a) or (b)’’ after ‘‘1592’’. Pub. L. 98–569, § 5(b)(2), inserted ‘‘The funds author- ized 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), including measures as provided for in subsection (b) of section 1592 of this title.’’ 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. § 1599. Definitions As used in this subchapter— (a) all terms that are defined in the Colorado River Compact shall have the meanings there- in defined; (b) ‘‘Colorado River Basin States’’ means the States of Arizona, California, Colorado, Ne- vada, New Mexico, Utah, and Wyoming. (Pub. L. 93–320, title II, § 209, June 24, 1974, 88 Stat. 275.) CHAPTER 32B—COLORADO RIVER FLOODWAY Sec. 1600. Findings and purposes. 1600a. Definitions. 1600b. Colorado River Floodway Task Force. 1600c. Colorado River Floodway. 1600d. Limitations on Federal expenditures affect- ing Floodway. 1600e. Exceptions. 1600f. Certification of compliance. 1600g. Priority of laws. 1600h. Separability. 1600i. Reports to Congress. 1600j. Federal leases. 1600k. Notices and existing laws. 1600l. Authorization of appropriations. § 1600. Findings and purposes (a) Findings The Congress finds that— (1) there are multiple purposes established by law for the dams and other control struc- tures administered by the Secretary of the In- terior on the Colorado River; (2) the maintenance of the Colorado River Floodway established in this chapter is essen- tial to accomplish these multiple purposes; (3) developments within the Floodway are and will continue to be vulnerable to dam- aging flows such as the property damage which occurred in 1983 and may occur in the future; (4) certain Federal programs which subsidize or permit development within the Floodway threaten human life, health, property, and natural resources; and (5) there is a need for coordinated Federal, State, and local action to limit Floodway de- velopment. (b) Purpose The Congress declares that the purposes of this chapter are to— (1) establish the Colorado River Floodway, as designated and described further in this chapter, so as to provide benefits to river users and to minimize the loss of human life, pro- tect health and safety, and minimize damage to property and natural resources by restrict- ing future Federal expenditures and financial assistance, except public health funds, which have the effect of encouraging development within the Colorado River Floodway; and (2) establish a task force to advise the Sec- retary of the Interior and the Congress on es- tablishment of the Floodway and on managing existing and future development within the Floodway, including the appropriateness of compensation in specified cases of extraor- dinary hardship.