43 U.S.C. § 1595 : US Code - Section 1595: Salinity control units; authority and functions of Secretary of the Interior

Search 43 U.S.C. § 1595 : US Code - Section 1595: Salinity control units; authority and functions of 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) In recognition of Federal responsibility for the Colorado
River as an interstate stream and for international comity with
Mexico, Federal ownership of the lands of the Colorado River Basin
from which most of the dissolved salts originate, and the policy
embodied in the Federal Water Pollution Control Act Amendments of
1972 (86 Stat. 816) [33 U.S.C. 1251 et seq.], 75 per centum of the
total costs of construction, operation, maintenance, and
replacement of each unit or separable feature thereof authorized by
section 1592(a)(1), (2), and (3) of this title, including 75 per
centum of the total costs of construction, operation, and
maintenance of the associated measures to replace incidental fish
and wildlife values foregone, 70 per centum of the total costs of
construction, operation, maintenance, and replacement of each unit,
or separable feature thereof authorized by paragraphs (4) through
(6) of section 1592(a) of this title, including 70 per centum of
the total costs of construction, operation, and maintenance of the
associated measures to replace incidental fish and wildlife values
foregone, and 70 per centum 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 wildlife values foregone,
shall be nonreimbursable. The total costs remaining after these
allocations shall be reimbursable as provided for in paragraphs
(2), (3), (4), and (5),(!1) of subsection (a) of this section (!2)
(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 (!3) 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) of this
section 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 (!4) of this title, costs of construction of
measures to replace incidental fish and wildlife values 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 (!4) 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) of this section shall be
repaid 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, 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) of this section 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
(!5) with interest calculated in the same manner as provided in
subsection (a)(4)(iv) of this section. 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) Costs of construction, operation, maintenance, and
replacement of each unit or separable feature thereof authorized by
section 1592(a) of this title, costs of construction, operation,
and maintenance of measures to replace incidental fish and wildlife
values foregone, 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) of this
section shall be paid in accordance with section 1543(g)(2) of this
title, from the Lower Colorado River Basin Development Fund.
(2) Omitted
(c) Costs payable from Upper Colorado River Basin Fund
Costs of construction, operation, maintenance, and replacement of
each unit or separable feature thereof authorized by section
1592(a) of this title, costs of construction, operation, and
maintenance of measures to replace incidental fish and wildlife
values foregone, and costs of implementation of the on-farm
measures authorized by section 1592(c) of this title allocated for
repayment by the upper basin under subsection (a)(2) of this
section 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) of this section.
(d) Omitted
(e) Upward adjustment of rates for electrical energy
The Secretary is authorized to make upward adjustments in rates
charged for electrical energy 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) of this section and in
conformity with subsection (a)(3), subsection (a)(4) and subsection
(a)(5) of this section: Provided, That revenues derived from said
rate adjustments shall be available solely for the construction,
operation, maintenance, and replacement of salinity control units,
for the construction, operation, and maintenance of measures to
replace incidental fish and wildlife values foregone, and for the
implementation of on-farm measures in the Colorado River Basin
herein authorized.
(f) Funds
The Secretary may expend funds available in the Basin Funds
referred to in this section to carry out cost-share salinity
measures in a manner that is consistent with the cost allocations
required under this section.