43 U.S.C. § 1596 — Biennial report to President, Congress,

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. 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,