Page:United States Statutes at Large Volume 112 Part 4.djvu/688

 112 STAT. 2681-659 PUBLIC LAW 105-277—OCT. 21, 1998 information necessary to develop construction specifications, and (3) submit any recommendations, along with the results of the study to the Committees no later than January 1, 2000. (i) The Secretary shall carry out the feasibility study in accordance with a memorandum of understanding entered into by the Secretary, the Salton Sea Authority, and the Governor of California. (ii) The memorandum of understanding shall, at a minimum, establish criteria for evaluation and selection of options under subparagraph (2)(A), including criteria for determining benefits and the magnitude and practicability of costs of construction, operation, and maintenance of each option evaluated. (2) OPTIONS TO BE CONSIDERED. —Options considered in the feasibility study— (A) shall consist of, but need not be limited to— (i) use of impoundments to segregate a portion of the waters of the Salton Sea in one or more evaporation ponds located in the Salton Sea basin; (ii) pumping water out of the Salton Sea; (iii) augmented flows of water into the Salton Sea; (iv) a combination of the options referred to in clauses (i), (ii), and (iii); and (v) any other economically feasible remediation option the Secretary considers appropriate and for which feasibility ansdyses and cost estimates can be completed by January 1, 2000; (B) shall be limited to proven technologies; and (C) shall not include any option that— (i) relies on the importation of any new or additional water from the Colorado River; or (ii) is inconsistent with the provisions of subsection (0. (3) ASSUMPTIONS.—In evaluating options, the Secretary shall apply assumptions regarding water inflows into the Salton Sea Basin that encourage water conservation, account for transfers of water out of the Salton Sea Basin, and are based on a maximum likely reduction in inflows into the Salton Sea Basin which could be 800,000 acre-feet or less per year. (4) CONSIDERATION OF COSTS.— In evaluating the feasibility of options, the Secretary shall consider the ability of Federal, tribal, State and local government sources and private sources to fund capital construction costs and annual operation, maintenance, energy, and replacement costs and shall set forth the basis for any cost sharing allocations as well as emiticipated repa3ment, if any, of federal contributions. (c) RELATIONSHIP TO OTHER LAW. — (1) RECLAMATION LAWS.—Activities authorized by this title shall not be subject to the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and supplemented thereto. Amounts expended for those activities shall be considered nonreimbursable for purposes of those laws and shall not be considered to be a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).

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