BOARD02402

• Board Meeting Date: 5/11/1998
• Description: WSP Section - Colorado River Basin Issues - Sonny Bono Memorial Salton Sea Bill
• Board Meetings - Doc Type: Memo

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(ii) specification of the construction activities to be carried out under subsection (d);
and
(B) complete all environmental compliance and permitting activities required for those
construction activities.
(S) MEMORANDUM OF UNDERSTANDING-
(A) 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.
. (B) The memorandum of understanding shall, at a minimum, establish criteria for
evaluation and selection of options under paragraph (1), including criteria for determining
the magnitude and practicability of costs of construction, operation, and maintenance of
each option evaluated.
(d) CONSTRUCTION-
(1) INITIATION- Upon expiration of the 60-day period beginning on the date of submission
of the feasibility study report under subsection (c)(4), and subject to paragraph (2) of this
subsection, the Secretary shall initiate construction of the Project.
(2) COST-SHARING AGREEMENT- The Secretary may not initiate construction of the
Project unless, within the 60-day period referred to in paragraph (1), the Secretary, the
Governor of Califomia, and the Salton Sea Authority enter into an agreement establishing a
cost-sharing formula that applies to that construction.
(e) DETERMINATION OF METHOD FOR DISPOSING OF PUMPED-OUT W ATER- The
Secretary shall, concurrently with conducting the feasibility study under subsection (c), initiate a
process to determine how and where to dispose permanently of water pumped out of the Salton
Sea in the course of the Project.
(f) RELATIONSHIP TO OTHER LA W-
(1) RECLAMATION LA WS- Activities authorized by this section or any other law to
implement the Project shall not be subject to the Act ofJune 17, 1902 (32 Stat. 388; 43
U.S.C. 391 et seq.), and Acts amendatory thereof and supplemental thereto. Amounts
expended for those activities shall be considered nonreimbursable and nonreturnable for
purposes of those laws. Activities carried out to implement the Project and the results of
those activities 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.).
(2) PRESERVATION OF RIGHTS AND OBLIGATIONS WITH RESPECT TO THE
COLORADO RlVER- This section shall not be considered to supersede or otherwise affect
any treaty, law, or agreement goveming use of water from the Colorado River. All activities
to implement the Project under this section must be carried out in a manner consistent with
rights and obligations of persons under those treaties, laws, and agreements.
(3) LIMITATION ON ADMINISTRATNE AND JUDICIAL REVIEW-
(A) The actions taken pursuant to this title which relate to the construction and
completion of the Project, and that are covered by the final environmental impact
statement for the Project issued under subsection (c)(4)(B), shall be taken without further
action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) Subject to paragraph (2), actions of Federal agencies concerning the issuance of
necessary rights-of-way, permits, leases, and other authorizations for construction and
initial operation ofthe Project shall not be subject to judicial review under any law,