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<br />. <br /> <br />. <br /> <br />. <br /> <br />l),...."'\ '"'1 f'" <br />\JJU<l~;) <br /> <br />Subsection 202(b) Continued <br /> <br />(2) Non-federal entities shall be required by the Secretary to contract for the long.term <br />operation and maintenance of canal and lateral systems constructed pursuant to activities <br />provided for in subsection (a): Provided, That the Secretary shall reimburse such non- <br />federal entities for the costs of such operation and maintenance to the extent the costs <br />exceed the expenses that would have been incurred by them in the thorough and timely <br />operation and maintenance of their canal and lateral systems absent the construction of a <br />unit, said expenses to be determined by the Secretary after consultation with the involved <br />non-federal entities, The operation and maintenance for which non-federal entities shall be <br />responsible shall include such repairing and replacing of a unit's facilities as are associated <br />with normal annual maintenance activities in order to keep such facilities in a condition <br />which will assure maximum reduction of salinity inflow to the Colorado River. These non- <br />federal entities shall not be responsible, nor incur any costs, for the replacement of a unit's <br />facilities, including measures to replace incidental fish and wildlife values foregone, The <br />term replacement shall be defined for the purposes of this title as a major modification or <br />reconstruction of a completed unit, or portion thereof, which is necessitated, through no <br />fault of the non-federal entity or entities operating and maintaining a unit, by design or <br />construction inadequacies or by normal limits on the useful life of a facility. The Secretary <br />is authorized to provide continuing technical assistance to non.federal entities to assure the <br />effective and efficient operation and maintenance of a unit's facilities, <br /> <br />(3) The Secretary may, under authority of this title, and limited to the purposes of this Act, <br />fund through a grant or contract, for any fiscal year only to such extent or in such amounts <br />as are provided in appropriation acts, a non-federal entity to organize private canal and <br />lateral owners into formal organizations with which the Secretary may enter into a grant or <br />contract to construct, operate, and maintain a unit's facilities. <br /> <br />(4) In implementing the units authorized to be constructed or the program pursuant to <br />paragraphs (1), (2), (3), (4), (S), and (6) of subsection (a), the Secretary shall comply with <br />procedural and substantive State water laws, <br /> <br />(5) The Secretary may, under authority of this title and limited to the purposes of this Act, <br />fund through a grant or contract, for any fiscal year only to such extent or in such amounts <br />as are provided in appropriation acts, a non-Federal entity to operate and maintain <br />measures to replace incidental fish and wildlife values foregone. <br /> <br />(6) In implementing the units authorized to be constructed pursuant to subsection (a), the <br />Secretary shall implement measures to replace incidental fish and wildlife values foregone <br />concurrently with the implementation of a unit's, or a portion of a unit's, related features, <br /> <br />Subsection (c) <br /> <br />The Secretary of Agriculture shall carry out salinity control measures (including watershed <br />enhancement and cost.share measures with livestock and crop producers) in the Colorado <br />River Basin as part of the environmental quality incentives program established under <br />chapter 4 of subtitle D of title XII of the Food Security Act of 1985. <br /> <br />"'Subsection 202(c) of the 1984 Act was replaced PL 104-127*" <br /> <br />4 <br />