WSP08210

• File Number: 8273.600.50
• Description: Colorado River Basin Salinity Control - Federal Agencies - USDA
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 5/5/1987
• Title: Federal Register - Part III - Department of Agriculture
• Water Supply Pro - Doc Type: Publication

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16740

Federal Register I Vol. 52, No, 86 I Tuesday, May 5. 1987 I Rules and Regulations

Interior and interested State and local
governmental units, will develop USDA
Salinity- Cohtrol Reports with respect to
the Colorado River Basin. These reports
will serve as a basis for the
implementation of the most cost-
effective salinity reduction efforts
undertaken -in- accordance with section
202(c) of the Act, Among other.things.
these reports will identify salt source
areas within the Colora'do River Basin'
that require-conservation treatment. The
USDA Salinity Control Reports will also
set forth the most cost-effective salinity ,
reduction practices that. if established,
would reduce to a staisfactory degree'
the salt loading of the Co'lorado River
occurring from theideritified salt source
areas.' .
Any Federal, State, county. or local
governmental unit having interests in
saIinity:control within the Colorado
River Basin may request the
de-velopment or modification of'USDA
salinily control reports. Such requests
must be made with respect to areas"
identified by SCS as salt source areaS
and must be submitted to the State
Conservationists in the State containing
the major portion of the aaH source area.
. Eligibility requirements. pnder ~ 702.5
of.the inter:im rule. only land within the
Colorado. River Basin that has been
. identified as a salt.source area in a,
USD.'\ Salinity Control Report and that
has an approved project implementation
plan may be subject of a. CRSC Contract.
A person eligible to enter into. a CRSC
Contract includes an individual or group
of individuals, Indian tribe. partnership.
firm. joint-stock company, corporation;
assoc.iation, tt:U8t. estate, irrigation
district or,company, or other public or
nonpublic entities (e'xcept.Federal
agencies) that has co~trol,over eligible -
land,
Person's who desire to participate in'
the CRSC Pro~ram may -offer to. enter
into a CRSC Contract with the COC
located in" the" same county 8S the
eligible land or such other COC
designated to. serve the project area.
The county ASes office may
determin'e whether the CiPplicant is
eligible to participate in the CRSC
program and whether to. accept the
applicant's effer to participate. Each
applicant's offer to enter into a CRSC
Contract will receive a prierity ranking
by the local county ASC committee and
the lecal conservation district (CD)
based upon degree of salt leading
eccurring from the applicant's land and
upon the need fer immediate "
conservation treatment en such land in
relation to other applicants' land in salt-
source areas.
To. pretect the Federal funds invested
in cest.share assistance under this

program. the CRSC Contract may
require that a participant. as a con~ition
of eligibility for such assistance. grant to.
the Secretary a recordable security
interest. "in an ameunt to. be determined
by ASCS, in property on which the
censervation treatment is instailed. Such
interest shaH be equal in value to the
amount of cost-share assistance which
is made available and shall be valid for
the effective lifespan of th.e salinity
reduction practic.e. Such security
interest or encumbrance shall be
released upon the performance by the
participant of all provisions of '.he CRSC
Contract and any operation and
mainte'nance agreements that are
required.
Salinity control plans. A salinity
control plan shall be developed by the
applicant. in consultation with SCS, .
with respect to eligible land that will be
. the subject of an approved CRSC
Contract. The salinity control plan will
specify the eligible salinity reduction
practices that are the most cost-effective
for: (1) Reducing salt loading from a unit
of land; (2) reducing erosion or seepage
to. a degree which significantly benefits
salinity control: and (3) for the voluntary
replacement of incidental fish and
wHdlife values foregone. The salinity
control plan will also. include a schedule
of completion dates for installation of
the salinity reduction practices and the
specifications of such practices.
. CRSC contract provisions. Section
702.9 of the interim rule desclibes the
obligations of the parties to a CRSC
Contract. All participants in a CRSC
Contract agree 10: (1) Carry out the
terms and conditions of the CRSC
Contract; (2) implement the salinity
cofitro! plan developed for the eligible
land as approved by the CD in
accordance with the schedule of.
completion dates contained in such
plan: (3) acquire all authorities. rights.
easements, permits er other approvals
,necessary to install and maintain the
salinity reduction practices and to
comply with applicable Federal, State.
and Jocal laws and regulations: (4) hold
the Federal government hannles8 for
any loss it may sustain if the participant
infringes on the rights of others or fails
to comply with applicable Federal,
State, or local laws or regulations; and
(5) operate and maintain, at no cest to
the Federal government, the salinity
reduction practices as specified in
separate operation and maintenance
agreements or other documlilnts for the
effective lifespan of the salinity
reduction practices.
Section 202(c) of the Act provides that
cost-share assistance be provided
through contracts and agreements and
that such contracts and agreements

provide for co'ntinuing operation and
. maintenance of measures installed .
without additional cost-share
assistimce. Therefore, all CRSC
Contracts will require that the .
participant eperate and maintain each
salinity reduction practice for its
. . effective lifespan, which is the length of
time established by SCS for the practice
, to. be effective in achieving its intended
. purpose, If it is determined necessary by
the COC, participants may be required
to enter into separate operation and
maintenance agreements to ensure the
. structural integrity of the 'salinity
reduction practices 'and to ensure that
such practices will serve the functional
purposes for which- they are installed. In
, exchange for the participant's carrying
out the tenns and conditions of the
CRSC Contract. ASCS shall, subject to
the availabiIitv of funds: (1) Share wHh
partiCip~mts the cost of establishing
eligible saliility reductien practices
specified in the participanfs salinity
control plan at the levels determined in
accordance with 'the provisi.ons of
~ 702.13 of the interim rule; and (2)
provide such technicara~sistance as'
may be necessary to' assist the
partic.ipant in carrying out the CRSC
Contract.
, In accordance with section 202(c)(2)(cl
. of the Act.lhe cost-share assistance'to
be paid the partiCipant for esiablishing
the required salinity reduction practice
shall be based on the relationship of on.
farm and offsite .benefits for the project.
as identified in the selected plan of the
published USDA Salinity Cpntrol
Report,.and on other factors as
deteflilined appropriate by the
Secretary. For exampJe. if improving on-
farm irrigation wat,er management
systems results in 30 percent of the total
behefits accruing on-farm. then the
Fede'ral cost-share assistance would be
70 'perdent. On-farm .and offsite benefits
are defined in ~ 702.2(a) (14) and (15) of
this interim rule. Cost~share assistance
levels-will vary among.projects. C.ost-
share payments shall be made available
upon a determination by the COC and
SCS that the salinity reduction practice
has been correctly established,
Section 702.17 of this interim ruJe
providos that CRSC Contracts may be
transferred or modified by agreement of
all parties. If the contract is transferred
to another party; the transferee shall
assume full responsibility for
performance under the contract,
including implementing SRP's scheduled
in accerdance wUh the salinity control
plan and for operation and maintenance
of practices already applied "nder the
plan,