U.S Code last checked for updates: Jan 18, 2025
All TitlesTitle 43Chapter 32ASubchapter II
§ 1595.
Salinity control units; authority and functions of the Secretary of the Interior
(a)
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:
(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 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:
(I)
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—
(aa)
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
(bb)
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
(II)
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—
(aa)
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
(bb)
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
(III)
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.
(IV)
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.
(V)
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—
(aa)
the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and
(bb)
the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone.
(VI)
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.
(ii)
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:
(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 described in subclauses (III), (IV), and (VI) of clause (i).
(B)
Reimbursable costs
(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 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 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 authorized by sections 1
1
 So in original. Probably should be “section”.
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 3 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.
(4)
(i)
Costs of construction and replacement of each unit or separable feature thereof authorized by paragraphs (4) through (6) of section 1592 
(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 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 October 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 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
3
 So in original.
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.
(b)
Costs payable from Lower Colorado River Basin Development Fund
(1)
In general
(2)
Omitted
(c)
Costs payable from Upper Colorado River Basin Fund
(d)
Omitted
(e)
Upward adjustment of rates for electrical energy
(f)
Up-front cost share
(1)
In general
(2)
Basin States Program
(3)
Existing salinity control activities
(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.)
cite as: 43 USC 1595
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