43 U.S.C. § 1598: Achieving project objectives

Summary

Allows the Secretary to change the projects if needed to meet the goals. The Secretary must wait 60 days after sending a proposed change to the right Congressional committees before spending money on it, unless Congress agrees sooner. The Governors of the Colorado River Basin States must be told about the changes. The Secretary may also sign contracts needed to carry out the work before money is formally provided. Congress authorizes $125,100,000 (in April 1973 prices, adjusted for normal cost changes) for building, operating, and maintaining the works listed in section 1592(a) or (b). That money can be used for any parts of those works and related measures. Additional funds may be provided to cover condemnation awards above appraised value and relocation costs under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Separately, Congress authorizes $175,000,000 for work under section 1592(a), including projects in subsection (a)(6); the Secretary may only carry out subsection (a)(6) to the extent and in the amounts Congress actually provides in advance.

Title 43, §1598

Public Lands, Source: USLM XML via OLRC

(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 subchapter. 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 notified of these changes.

(b)Contract authority; authorization of appropriations

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, plus or minus such amounts as may be justified by reason of ordinary fluctuations in costs involved therein, and such sums as may be required to operate and maintain such works. The funds authorized to be appropriated by this section may be used for construction of any or all of the works or portions thereof and for other purposes authorized in subsection (a), including measures as provided for in subsection (b) of section 1592 of this title. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 4601 et seq.].

(c)Implementation of basinwide salinity control program

In addition to the amounts authorized to be appropriated under subsection (b), there are authorized to be appropriated $175,000,000 for section 1592(a) of this title, including constructing the works described in paragraph (6) of section 1592(a) of this title and carrying out the measures described in such paragraph. Notwithstanding subsection (b), the Secretary may implement the program under section 1592(a)(6) of this title only to the extent and in such amounts as are provided in advance in appropriations Acts.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§ 4601 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 4601 of Title 42 and Tables.

Amendments

2000—Subsec. (c). Pub. L. 106–459, in first sentence, substituted “$175,000,000 for section 1592(a) of this title” for “$75,000,000 for subsection 1592(a) of this title” and “paragraph (6) of section 1592(a) of this title” for “paragraph 1592(a)(6) of this title” and, in second sentence, substituted “section 1592(a)(6) of this title” for “paragraph 1592(a)(6) of this title”. 1995—Subsec. (c). Pub. L. 104–20 added subsec. (c). 1984—Subsec. (a). Pub. L. 98–569, § 5(a), struck out “and not then if disapproved by said committees” before “, except that funds may be expended”. Subsec. (b). Pub. L. 98–569, § 5(b)(1), inserted “(a) or (b)” after “1592”. Pub. L. 98–569, § 5(b)(2), inserted “The funds authorized to be appropriated by this section may be used for

Construction

of any or all of the works or portions thereof and for other purposes authorized in subsection (a), including measures as provided for in subsection (b) of section 1592 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment 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.

§1598 Achieving Project Objectives