HR7872-118

1. Short title This Act may be cited as the Colorado River Salinity Control Fix Act.

2. Salinity control units Section 205 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1595) is amended— by striking the section designation and all that follows through (a) The Secretary and inserting the following: The Secretary by striking paragraph (1) and inserting the following: 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: 75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 202(a)(1), including 90 percent of— the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. 75 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 202(a)(2), including 100 percent of— the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. 75 percent of the total costs of construction, operation, maintenance, and replacement of each unit or separable feature of a unit authorized by section 202(a)(3), including 75 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. 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 202(a), including 70 percent of the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. 70 percent of the total costs of construction and replacement of each unit or separable feature of a unit authorized by section 202(a)(5), including 100 percent of— the costs of operation and maintenance of each unit or separable feature of a unit authorized by that section; and the total costs of construction, operation, and maintenance of the associated measures to replace incidental fish and wildlife values foregone. 85 percent of the total costs of implementation of the on-farm measures authorized by section 202(c), including 85 percent of the total costs of the associated measures to replace incidental fish and wildlife values foregone. Notwithstanding clause (i), for each of fiscal years 2024 and 2025, the following shall be nonreimbursable: 75 percent of all costs described in clause (i)(I). 75 percent of all costs described in clause (i)(II). 70 percent of all costs described in clause (i)(V). The percentages of all costs described in subclauses (III), (IV), and (VI) of clause (i). The total costs remaining after the allocations under clauses (i) and (ii) of subparagraph (A) shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5). in subsection (b), by striking the subsection designation and all that follows through Costs of construction in paragraph (1) and inserting the following: Costs of construction in subsection (c), by striking (c) Costs of construction and inserting the following: Costs of construction in subsection (e), by striking (e) The Secretary is and inserting the following: The Secretary is 205.Salinity control units; authority and functions of the Secretary of the Interior (a)Allocation of CostsThe Secretary; (1)Nonreimbursable costs; reimbursable costs (A)Nonreimbursable costs (i)In generalIn 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 202(a)(1), 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 202(a)(2), 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 202(a)(3), 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 202(a), 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 202(a)(5), 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 202(c), 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 2025Notwithstanding 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 costsThe total costs remaining after the allocations under clauses (i) and (ii) of subparagraph (A) shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5).; (b)Costs payable from Lower Colorado River Basin Development Fund (1)In generalCosts of construction; (c)Costs payable from Upper Colorado River Basin FundCosts of construction; and (e)Upward adjustment of rates for electrical energyThe Secretary is.

205. Salinity control units; authority and functions of the Secretary of the Interior The Secretary