An Act To amend the Colorado River Basin Salinity Control Act to modify certain requirements applicable to salinity control units, and for other purposes.

Dec. 23, 2024

[H.R. 7872]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Colorado River Salinity Control Fix Act.

SECTION 1.

43 USC 1571 note.

SHORT TITLE. This Act may be cited as the “Colorado River Salinity Control Fix Act”.

SEC. 2. SALINITY CONTROL UNITS. Section 205 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1595) is amended—(1) by striking the section designation and all that follows through “(a) The Secretary” and inserting the following:

“SEC. 205. SALINITY CONTROL UNITS; AUTHORITY AND FUNCTIONS OF THE SECRETARY OF THE INTERIOR.“(a) Allocation of Costs.—The Secretary”

; (2) by striking paragraph (1) and inserting the following:“(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 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 138 STAT. 2626 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 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.—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).” ;138 STAT. 2627 (3) in subsection (b), by striking the subsection designation and all that follows through “Costs of construction” in paragraph (1) and inserting the following:“(b) Costs Payable From Lower Colorado River Basin Development Fund.—“(1) In general.—Costs of construction” ; (4) in subsection (c), by striking “(c) Costs of construction” and inserting the following:“(c) Costs Payable From Upper Colorado River Basin Fund.—Costs of construction” ; and (5) in subsection (e), by striking “(e) The Secretary is” and inserting the following:“(e) Upward Adjustment of Rates for Electrical Energy.—The Secretary is” .

Approved December 23, 2024.