Page:United States Statutes at Large Volume 98 Part 3.djvu/566

 98 STAT. 2938

43 USC 1595.

Ante, p. 2933.

PUBLIC LAW 98-569—OCT. 30, 1984

ing after these allocations shall be reimbursable as provided for in paragraphs (2), (3), (4), and (5), of section 205(a)". (c) Section 205(a)(2) of such Act is amended by striking "Twentyfive per centum" and inserting in lieu thereof "The reimbursable portion". (d) Section 205(a)(3) of such Act is amended to read as follows: "(3) Costs of construction and replacement of each unit or separable feature thereof authorized by sections 202(a)(1), (2), and (3) 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 202(a)(1), (2), and (3), allocated to the upper basin and to the lower basin under section 205(a)(2) of this title 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.". (e) Section 205(a) of such Act is amended by inserting at the end thereof the following new paragraphs: "(4)(i) Costs of construction and replacement of each unit or separable feature thereof authorized by sections 202(a)(4) and (5), costs of construction of measures to replace incidental fish and wildlife values foregone, when such measures are a part of the onfarm measures authorized by section 202(c) or of the units authorized by sections 202(a)(4) and (5), and costs of implementation of the on-farm measures authorized by section 202(c) allocated to the upper basin and to the lower basin under section 205(a)(2) of this title 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 Act 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 the date of enactment of the Act entitled "An Act to amend the Colorado River Basin Salinity Control Act to authorize certain additional measures to assure accomplishment of the objectives of title II of such Act, and for other purposes" for costs outstanding at that date, or, in the case of costs incurred subsequent to enactment of such Act, 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 202(a) and of measures to

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