US (United States) Code. Title 43. Chapter 32B: Colorado River Floodway

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 32B - COLORADO RIVER FLOODWAY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

CHAPTER 32B - COLORADO RIVER FLOODWAY

-MISC1-

Sec.

1600. Findings and purposes.

(a) Findings.

(b) Purpose.

1600a. Definitions.

1600b. Colorado River Floodway Task Force.

(a) Establishment and membership.

(b) Charter and operation; reports and

recommendations.

(c) Termination of task force; report to Secretary

and Congressional Committees.

1600c. Colorado River Floodway.

(a) Establishment.

(b) Study of tributary floodflows; determination of

Floodway boundary.

(c) Review and modification of boundaries; notice

and comment; written justification for

decision of Secretary.

1600d. Limitations on Federal expenditures affecting

Floodway.

1600e. Exceptions.

1600f. Certification of compliance.

1600g. Priority of laws.

1600h. Separability.

1600i. Reports to Congress.

1600j. Federal leases.

(a) Lease of lands owned in whole or in part by

United States within Floodway; determination

of consistency with operation and maintenance.

(b) Extension of existing leases; minimization of

inconsistency with operation and maintenance

of Floodway.

(c) Lease of lands owned in whole or in part by

United States between Hoover Dam and Davis

Dam.

(d) Lease operations on Indian lands.

(e) Lands held in trust by United States for

benefit of Indian tribes or individuals.

1600k. Notices and existing laws.

(a) Provisions relating to construction work,

liability for damage, etc., on Mississippi

River; notice to lessees.

(b) National Flood Insurance Act and National Flood

Insurance Program; continuation.

(c) National Flood Insurance Act provisions

relating directly to Floodway; notice to

communities affected.

1600l. Authorization of appropriations.

-End-

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43 USC Sec. 1600 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600. Findings and purposes

-STATUTE-

(a) Findings

The Congress finds that -

(1) there are multiple purposes established by law for the dams

and other control structures administered by the Secretary of the

Interior on the Colorado River;

(2) the maintenance of the Colorado River Floodway established

in this chapter is essential to accomplish these multiple

purposes;

(3) developments within the Floodway are and will continue to

be vulnerable to damaging flows such as the property damage which

occurred in 1983 and may occur in the future;

(4) certain Federal programs which subsidize or permit

development within the Floodway threaten human life, health,

property, and natural resources; and

(5) there is a need for coordinated Federal, State, and local

action to limit Floodway development.

(b) Purpose

The Congress declares that the purposes of this chapter are to -

(1) establish the Colorado River Floodway, as designated and

described further in this chapter, so as to provide benefits to

river users and to minimize the loss of human life, protect

health and safety, and minimize damage to property and natural

resources by restricting future Federal expenditures and

financial assistance, except public health funds, which have the

effect of encouraging development within the Colorado River

Floodway; and

(2) establish a task force to advise the Secretary of the

Interior and the Congress on establishment of the Floodway and on

managing existing and future development within the Floodway,

including the appropriateness of compensation in specified cases

of extraordinary hardship.

-SOURCE-

(Pub. L. 99-450, Sec. 2, Oct. 8, 1986, 100 Stat. 1129.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 99-450, Oct. 8, 1986, 100 Stat. 1129, known

as the Colorado River Floodway Protection Act, which enacted this

chapter and section 4029 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

Short Title note set out below and Tables.

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 99-450 provided that: "This Act [enacting

this chapter and section 4029 of Title 42, The Public Health and

Welfare] may be cited as the 'Colorado River Floodway Protection

Act'."

-End-

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43 USC Sec. 1600a 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600a. Definitions

-STATUTE-

(a) The term "Committees" refers to the Committee on Natural

Resources of the United States House of Representatives and the

Committee on Environment and Public Works and the Committee on

Energy and Natural Resources of the United States Senate.

(b) The term "financial assistance" means any form of loan,

grant, guaranty, insurance, payment, rebate, subsidy, or any other

form of direct or indirect Federal assistance other than -

(1) general revenue-sharing grants made under section 6702 (!1)

of title 31;

(2) deposit or account insurance for customers of banks,

savings and loan associations, credit unions, or similar

institutions;

(3) the purchase of mortgages or loans by the Government

National Mortgage Association, the Federal National Mortgage

Association, or the Federal Home Loan Mortgage Corporation;

(4) assistance for environmental studies, plans, and

assessments that are required incident to the issuance of permits

or other authorizations under Federal law; and

(5) assistance pursuant to programs entirely unrelated to

development, such as any Federal or federally assisted public

assistance program or any Federal old-age, survivors, or

disability insurance program.

Such term also includes flood insurance described in sections (!2)

4029(a) and (b) of title 42 on and after the dates on which the

provisions of those sections (!2) become effective.

(c) The term "Secretary" means the Secretary of the Interior.

(d) The term "water district" means any public agency providing

water service, including water districts, county water districts,

public utility districts, and irrigation districts.

(e) The term "Floodway" means the Colorado River Floodway

established in section 1600c of this title.

-SOURCE-

(Pub. L. 99-450, Sec. 3, Oct. 8, 1986, 100 Stat. 1129; Pub. L.

103-437, Sec. 16(a)(4), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 67 of title 31, including section 6702, referred to in

subsec. (b)(1), was repealed by Pub. L. 99-272, title XIV, Sec.

1400(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codification note

below.

The dates on which the provisions of sections 4029(a) and (b) of

title 42 become effective, referred to in subsec. (b), is Oct. 8,

1986, the date of enactment of Pub. L. 99-450 which enacted section

4029(a), (b) of Title 42, The Public Health and Welfare.

-COD-

CODIFICATION

In subsec. (b)(1), "section 6702 of title 31" substituted for

"section 102 of the State and Local Fiscal Assistance Amendments of

1972 (31 U.S.C. 1221)" on authority of Pub. L. 97-258, Sec. 4(b),

Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted

Title 31, Money and Finance.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the United

States House".

-CHANGE-

CHANGE OF NAME

Committee on Natural Resources of House of Representatives

treated as referring to Committee on Resources of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be in the singular.

-End-

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43 USC Sec. 1600b 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600b. Colorado River Floodway Task Force

-STATUTE-

(a) Establishment and membership

To advise the Secretary and the Congress there shall be a

Colorado River Floodway Task Force, which shall include one

representative of -

(1) each State (appointed by the Governor) and Indian

reservation in which the Floodway is located;

(2) each county in which the Floodway is located;

(3) a law enforcement agency from each county in which the

Floodway is located;

(4) each water district in which the Floodway is located;

(5) the cities of Needles, Parker, Blythe, Bullhead City, Yuma,

Laughlin, Lake Havasu City, Nevada (if and when incorporated),

and Mojave County, Arizona Supervisor District No. 2 (chosen by,

but not a member of the Board of Supervisors);

(6) of the Chamber of Commerce from each county in which the

Floodway is located;

(7) the Colorado River Wildlife Council;

(8) the Army Corps of Engineers;

(9) the Federal Emergency Management Agency (FEMA);

(10) the Department of Agriculture;

(11) the Department of the Interior; and

(12) the Department of State.

(b) Charter and operation; reports and recommendations

The task force shall be chartered and operate under the

provisions of the Federal Advisory Committee Act (Public Law

92-463; 5 U.S.C. App.) and shall prepare recommendations concerning

the Colorado River Floodway, which recommendations shall deal with:

(1) the means to restore and maintain the Floodway specified in

section 1600c of this title, including, but not limited to,

specific instances where land transfers or relocations, or other

changes in land management, might best effect the purposes of

this chapter;

(2) the necessity for additional Floodway management

legislation at local, tribal, State, and Federal levels;

(3) the development of specific design criteria for the

creation of the Floodway boundaries;

(4) the review of mapping procedures for Floodway boundaries;

(5) whether compensation should be recommended in specific

cases of economic hardship resulting from impacts of the 1983

flood on property outside the Floodway which could not reasonably

have been foreseen; and

(6) the potential application of the Floodway on Indian lands

and recommended legislation or regulations that might be needed

to achieve the purposes of the Floodway taking into consideration

the special Federal status of Indian lands.

(c) Termination of task force; report to Secretary and

Congressional Committees

The task force shall exist for at least one year after October 8,

1986, or until such time as the Secretary has filed with the

Committees the maps described in section 1600c(b)(2) (!1) of this

title. The task force shall file its report with the Secretary and

the Committees within nine months after October 8, 1986.

-SOURCE-

(Pub. L. 99-450, Sec. 4, Oct. 8, 1986, 100 Stat. 1130.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (b),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

Section 1600c(b)(2) of this title, referred to in subsec. (c),

was struck out and former subsec. (b)(1)(ii) of section 1600c

redesignated subsec. (b)(2) of section 1600c by Pub. L. 105-362,

title IX, Sec. 901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As so

amended, section 1600c(b)(2) no longer relates to maps required to

be prepared and filed by the Secretary.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600i, 1600l of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 1600c 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600c. Colorado River Floodway

-STATUTE-

(a) Establishment

There is established the Colorado River Floodway as identified

and generally depicted on maps that are to be submitted by the

Secretary.

(b) Study of tributary floodflows; determination of Floodway

boundary

Within eighteen months after October 8, 1986, the Secretary, in

consultation with the seven Colorado River Basin States,

represented by persons designated by the Governors of those States,

the Colorado River Floodway Task Force, and any other interested

parties shall:

(1) complete a study of the tributary floodflows downstream of

Davis Dam;

(2) define the specific boundaries of the Colorado River

Floodway so that the Floodway can accommodate either a one-in-one

hundred year river flow consisting of controlled releases and

tributary inflow, or a flow of forty thousand cubic feet per

second (cfs), whichever is greater, from below Davis Dam to the

Southerly International Boundary between the United States of

America and the Republic of Mexico.

(c) Review and modification of boundaries; notice and comment;

written justification for decision of Secretary

(1) The Secretary shall conduct, at least once every five years,

a review of the Colorado River Floodway and make, after notice to

and in consultation with appropriate chief executive officers of

States, counties, municipalities, water districts, Indian tribes,

or equivalent jurisdictions in which the Floodway is located, and

others, such minor and technical modifications to the boundaries of

the Floodway as are necessary solely to reflect changes that have

occurred in the size or location of any portion of the floodplain

as a result of natural forces, and as necessary pursuant to

subsection (c) of section 1600e of this title.

(2) If, in the case of any minor and technical modification to

the boundaries of the Floodway made under the authority of this

subsection, an appropriate chief executive officer of a State,

county, municipality, water district, Indian tribe, or equivalent

jurisdiction, to which notice was given in accordance with this

subsection files comments disagreeing with all or part of the

modification and the Secretary makes a modification which is in

conflict with such comments, the Secretary shall submit to the

chief executive officer a written justification for his failure to

make modifications consistent with such comments or proposals.

-SOURCE-

(Pub. L. 99-450, Sec. 5, Oct. 8, 1986, 100 Stat. 1131; Pub. L.

105-362, title IX, Sec. 901(d), Nov. 10, 1998, 112 Stat. 3289.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-362, Sec. 901(d)(1), struck out

par. (1) designation, redesignated cls. (i) and (ii) of former par.

(1) as pars. (1) and (2), respectively, and struck out former pars.

(2) and (3) which related to preparation and filing of maps with

congressional committees, Federal, State, and local government

agencies, and federally insured financial institutions.

Subsec. (c)(1). Pub. L. 105-362, Sec. 901(d)(2), substituted

"appropriate chief executive officers of States, counties,

municipalities, water districts, Indian tribes, or equivalent

jurisdictions in which the Floodway is located," for "the

appropriate officers referred to in paragraph (3) of subsection (b)

of this section,".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600a, 1600b, 1600d,

1600l of this title; title 42 section 4029.

-End-

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43 USC Sec. 1600d 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600d. Limitations on Federal expenditures affecting Floodway

-STATUTE-

(a) Except as provided in section 1600e of this title, no new

expenditures or new financial assistance may be made available

under authority of any Federal law for any purpose within the

Floodway established under section 1600c of this title.

(b) An expenditure or financial assistance made available under

authority of Federal law shall, for purposes of this chapter, be a

new expenditure or new financial assistance if -

(1) in any case with respect to which specific appropriations

are required, no money for construction or purchase purposes was

appropriated before October 8, 1986; or

(2) no legally binding commitment for the expenditure or

financial assistance was made before October 8, 1986.

-SOURCE-

(Pub. L. 99-450, Sec. 6, Oct. 8, 1986, 100 Stat. 1132.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600e, 1600l of this

title.

-End-

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43 USC Sec. 1600e 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600e. Exceptions

-STATUTE-

Notwithstanding section 1600d of this title, the appropriate

Federal officer, after consultation with the Secretary, may make

Federal expenditures or financial assistance available within the

Colorado River Floodway for -

(a) any dam, channel or levee construction, operation or

maintenance for the purpose of flood control, water conservation,

power or water quality;

(b) other remedial or corrective actions, including but not

limited to drainage facilities essential to assist in controlling

adjacent high ground water conditions caused by flood flows;

(c) the maintenance, replacement, reconstruction, repair, and

expansion, of publicly or tribally owned or operated roads,

structures (including bridges), or facilities: Provided, That, no

such expansion shall be permitted unless -

(1) the expansion is designed and built in accordance with

the procedures and standards established in section 650.101 of

title 23, Code of Federal Regulations, and the following as

they may be amended from time to time; and

(2) the boundaries of the Floodway are adjusted to account

for changes in flows caused, directly or indirectly, by the

expansion;

(d) military activities essential to national security;

(e) any of the following actions or projects, but only if the

Secretary finds that the making available of expenditures or

assistance therefor is consistent with the purposes of this

chapter:

(1) projects for the study, management, protection and

enhancement of fish and wildlife resources and habitats,

including, but not limited to, acquisition of fish and wildlife

habitats and related lands, stabilization projects for fish and

wildlife habitats, and recreational projects;

(2) the establishment, operation, and maintenance of air and

water navigation aids and devices, and for access thereto;

(3) projects eligible for funding under the Land and Water

Conservation Fund Act of 1965 (16 U.S.C. 460l-4 through 11);

(4) scientific research, including but not limited to

aeronautical, atmospheric, space, geologic, marine, fish and

wildlife and other research, development, and applications;

(5) assistance for emergency actions essential to the saving

of lives and the protection of property and the public health

and safety, if such actions are performed pursuant to sections

305 and 306 of the Disaster Relief Act of 1974 (!1) (42 U.S.C.

5145 and 5146) and are limited to actions that are necessary to

alleviate the emergency. Disaster assistance under other

provisions of the Disaster Relief Act of 1974 (!1) (Public Law

93-288, as amended) [42 U.S.C. 5121 et seq.] may also be

provided with respect to persons residing within the Floodway,

or structures or public infrastructure in existence or

substantially under construction therein, on the date ninety

days after October 8, 1986: Provided, That, such persons, or

with respect to public infrastructure the State or local

political entity which owns or controls such infrastructure,

had purchased flood insurance for structures or infrastructure

under the National Flood Insurance Program, if eligible, and

had taken prudent and reasonable steps, as determined by the

Director of the Federal Emergency Management Agency, to

minimize damage from future floods or operations of the

Floodway established in the chapter;

(6) other assistance for public health purposes, such as

mosquito abatement programs;

(7) nonstructural projects for riverbank stabilization that

are designed to enhance or restore natural stabilization

systems;

(8) publicly or tribally financed, owned and operated

compatible recreational developments such as regional parks,

golf courses, docks, boat launching ramps (including steamboat

and ferry landings), including compatible recreation uses and

accompanying utility or interpretive improvements which are

essential or closely related to the purpose of restoring the

accuracy of a National Historical Landmark and which meet best

engineering practices considering the nature of Floodway

conditions;

(9) compatible agricultural uses that do not involve

permanent crops and include only a minimal amount of permanent

facilities in the Floodway.

-SOURCE-

(Pub. L. 99-450, Sec. 7, Oct. 8, 1986, 100 Stat. 1132.)

-REFTEXT-

REFERENCES IN TEXT

The Land and Water Conservation Fund Act of 1965 (16 U.S.C.

460l-4 through 11), referred to in subsec. (e)(3), is Pub. L.

88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is

classified generally to part B (Sec. 460l-4 et seq.) of subchapter

LXIX of chapter 1 of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of Title 16 and Tables.

The Disaster Relief Act of 1974, referred to in subsec. (e)(5),

is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is

classified principally to chapter 68 (Sec. 5121 et seq.) of Title

42, The Public Health and Welfare. The 1974 Act was renamed "The

Robert T. Stafford Disaster Relief and Emergency Assistance Act",

and was substantially revised by Pub. L. 100-707, Nov. 23, 1988,

102 Stat. 4689. Section 102(b) of Pub. L. 100-707 provided that a

reference in any other law to a provision of the Disaster Relief

Act of 1974 shall be deemed to be a reference to such provision of

the Robert T. Stafford Disaster Relief and Emergency Assistance

Act. The Act was renamed the "Robert T. Stafford Disaster Relief

and Emergency Assistance Act" by Pub. L. 106-390, title III, Sec.

301, Oct. 30, 2000, 1114 Stat. 1572. Section 105(d) of Pub. L.

100-707 repealed sections 305 and 306 of the Act (42 U.S.C. 5145

and 5146) and redesignated sections 308 and 309 of the Act (42

U.S.C. 5148 and 5149), and any references thereto, as sections 305

and 306, respectively. For corresponding provisions to former

sections 305 and 306 of the Act, see sections 5170a, 5170b, and

5192 of Title 42. For complete classification of this Act to the

Code, see Short Title note set out under section 5121 of Title 42

and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1600c, 1600d, 1600j,

1600l of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 1600f 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600f. Certification of compliance

-STATUTE-

The Secretary of the Interior shall, on behalf of each Federal

agency concerned, make written certification that each agency has

complied with the provisions of this chapter during each fiscal

year beginning after September 30, 1985. Such certification shall

be submitted on an annual basis to the United States House of

Representatives and the United States Senate on or before January

15 of each fiscal year.

-SOURCE-

(Pub. L. 99-450, Sec. 8, Oct. 8, 1986, 100 Stat. 1134.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to the requirement that the Secretary submit

written certifications on an annual basis to the United States

House of Representatives and the United States Senate, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and the 6th item on page 113

of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-End-

-CITE-

43 USC Sec. 1600g 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600g. Priority of laws

-STATUTE-

Nothing contained in this chapter shall be construed to alter,

amend, repeal, modify, interpret, or be in conflict with the

provisions of the Colorado River Compact (45 Stat. 1057), the Upper

Colorado River Basin Compact (63 Stat. 31), the Water Treaty of

1944 with the United Mexican States (Treaty Series 944, 59 Stat.

1219), the Flood Control Act of 1944 (58 Stat. 887), the decree

entered by the Supreme Court of the United States in Arizona v.

California, and others (376 U.S. 340), the Boulder Canyon Project

Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon

Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C.

618 et seq.], the Colorado River Storage Project Act (70 Stat. 105;

43 U.S.C. 620) [43 U.S.C. 620 et seq.], the Colorado River Basin

Project Act (82 Stat. 885; 43 U.S.C. 1501) [43 U.S.C. 1501 et

seq.]. Furthermore, nothing contained in this chapter shall be

construed as indicating an intent on the part of the Congress to

change the existing relationship of other Federal laws to the law

of a State, or a political subdivision of a State, or to relieve

any person of any obligation imposed by any law of any State,

tribe, or political subdivision of a State. No provision of this

chapter shall be construed to invalidate any provision of State,

tribal, or local law unless there is a direct conflict between such

provision and the law of the State, or political subdivision of the

State or tribe, so that the two cannot be reconciled or

consistently stand together. Inconsistencies shall be reviewed by

the task force, and the task force shall make recommendations

concerning such local laws. This chapter shall in no way be

interpreted to interfere with a State's or tribe's right to

protect, rehabilitate, preserve, and restore lands within its

established boundary.

-SOURCE-

(Pub. L. 99-450, Sec. 9, Oct. 8, 1986, 100 Stat. 1134.)

-REFTEXT-

REFERENCES IN TEXT

The Colorado River Compact (45 Stat. 1057), the Upper Colorado

River Basin Compact (63 Stat. 31), and the Water Treaty of 1944,

referred to in text, are not classified to the Code.

The Flood Control Act of 1944, referred to in text, is act Dec.

22, 1944, ch. 665, 58 Stat. 887, as amended, which enacted section

390 of this title, sections 460d and 825s of Title 16,

Conservation, and sections 701-1, 701a-1, 708, and 709 of Title 33,

Navigation and Navigable Waters, and enacted provisions set out as

notes under sections 701c, 701f, and 701j of Title 33. For complete

classification of this Act to the Code, see Tables.

The Boulder Canyon Project Act, referred to in text, is act Dec.

21, 1928, ch. 42, 45 Stat. 1057, as amended, which is classified

generally to subchapter I (Sec. 617 et seq.) of chapter 12A of this

title. For complete classification of this Act to the Code, see

section 617t of this title and Tables.

The Boulder Canyon Project Adjustment Act, referred to in text,

is act July 19, 1940, ch. 643, 54 Stat. 774, as amended, which is

classified generally to subchapter II (Sec. 618 et seq.) of chapter

12A of this title. For complete classification of this Act to the

Code, see section 618o of this title and Tables.

The Colorado River Storage Project Act, referred to in text, is

act Apr. 11, 1956, ch. 203, 70 Stat. 105, as amended, which is

classified generally to chapter 12B (Sec. 620 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 620 of this title and

Tables.

The Colorado River Basin Project Act, referred to in text, is

Pub. L. 90-537, Sept. 30, 1968, 82 Stat. 885, as amended, which is

classified principally to chapter 32 (Sec. 1501 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1501 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-End-

-CITE-

43 USC Sec. 1600h 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600h. Separability

-STATUTE-

If any provision of this chapter or the application thereof to

any person or circumstances is held invalid, the remainder of the

chapter and the application of such provision to other persons not

similarly situated or to other circumstances shall not be affected

thereby.

-SOURCE-

(Pub. L. 99-450, Sec. 10, Oct. 8, 1986, 100 Stat. 1134.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-End-

-CITE-

43 USC Sec. 1600i 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600i. Reports to Congress

-STATUTE-

Within one year after October 8, 1986, the Secretary shall

prepare and submit to the Committees a report regarding the

Colorado River Floodway, the task force's report, and the

Secretary's recommendations with respect to the objectives outlined

in section 1600b(b) of this title. In making his report, the

Secretary shall analyze the effects of this chapter on the economic

development of the Indian tribes whose lands are located within the

Floodway.

-SOURCE-

(Pub. L. 99-450, Sec. 11, Oct. 8, 1986, 100 Stat. 1134.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-End-

-CITE-

43 USC Sec. 1600j 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600j. Federal leases

-STATUTE-

(a) Lease of lands owned in whole or in part by United States

within Floodway; determination of consistency with operation and

maintenance

No lease of lands owned in whole or in part by the United States

and within the Colorado River Floodway shall be granted after

October 8, 1986, unless the Secretary determines that such lease

would be consistent with the operation and maintenance of the

Colorado River Floodway.

(b) Extension of existing leases; minimization of inconsistency

with operation and maintenance of Floodway

No existing lease of lands owned in whole or in part by the

United States and within the Colorado River Floodway shall be

extended beyond October 8, 1986, or the stated expiration date of

its current term, whichever is later, unless the lessee agrees to

take reasonable and prudent steps determined to be necessary by the

Secretary to minimize the inconsistency of operation under such

lease with the operation and maintenance of the Colorado River

Floodway.

(c) Lease of lands owned in whole or in part by United States

between Hoover Dam and Davis Dam

No lease of lands owned in whole or part by the United States

between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake

Mohave shall be granted unless the Secretary determines that such

lease would be consistent with the operation of Lake Mohave.

(d) Lease operations on Indian lands

The provisions of subsections (a) and (b) of this section shall

not apply to lease operations on Indian lands pursuant to a lease

providing for activities which are exempted under section 1600e of

this title.

(e) Lands held in trust by United States for benefit of Indian

tribes or individuals

Subsections (a) and (b) of this section shall not apply to lands

held in trust by the United States for the benefit of any Indian

tribe or individual with respect to any lease where capital

improvements, and operation and maintenance costs are not provided

for by Federal financial assistance if the lessee, tribe, or

individual has provided insurance or other security for the benefit

of the Secretary sufficient to insure against all reasonably

forseeable,(!1) direct, and consequential damages to the property

of the tribe, private persons, and the United States, which may

result from the proposed lease.

-SOURCE-

(Pub. L. 99-450, Sec. 13, Oct. 8, 1986, 100 Stat. 1135.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "foreseeable,".

-End-

-CITE-

43 USC Sec. 1600k 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600k. Notices and existing laws

-STATUTE-

(a) Provisions relating to construction work, liability for damage,

etc., on Mississippi River; notice to lessees

(1) Nothing in this chapter shall alter or affect in any way the

provisions of section 702c of title 33.

(2) The Secretary shall provide notice of the provisions of

section 702c of title 33 and this chapter to all existing and

prospective lessees of lands leased by the United States and within

the Colorado River Floodway.

(b) National Flood Insurance Act and National Flood Insurance

Program; continuation

Except as otherwise specifically provided in this chapter, all

provisions of the National Flood Insurance Act of 1968, as amended

[42 U.S.C. 4001 et seq.], and requirements of the National Flood

Insurance Program ("NFIP") shall continue in full force and effect

within areas wholly or partially within the Colorado River

Floodway. Any maps or other information required to be prepared by

this chapter shall be used to the maximum extent practicable to

support implementation of the NFIP.

(c) National Flood Insurance Act provisions relating directly to

Floodway; notice to communities affected

The Secretary shall publish notice on three successive occasions

in newspapers of general circulation in communities affected by the

provisions of section 4029 of title 42.

-SOURCE-

(Pub. L. 99-450, Sec. 14, Oct. 8, 1986, 100 Stat. 1136.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act of 1968, referred to in subsec.

(b), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572,

as amended, which is classified principally to chapter 50 (Sec.

4001 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4001 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1600l of this title.

-End-

-CITE-

43 USC Sec. 1600l 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 32B - COLORADO RIVER FLOODWAY

-HEAD-

Sec. 1600l. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to the Department of the

Interior $600,000, through the end of fiscal year 1990, in addition

to any other funds now available to the Department to discharge its

duties to implement sections 1600b to 1600k of this title and

section 4029 of title 42: Provided, That by mutual agreement, such

funds shall be made available to the Federal Emergency Management

Agency to discharge its duties under section 4029 of title 42:

Provided further, That the provisions of sections 1600d and 1600e

of this title shall not be affected by this section: And Provided

further, in addition, Indian tribes may be eligible under Public

Law 93-638 [25 U.S.C. 450 et seq.] to contract for studies of

Indian lands required under the provisions of this chapter.

-SOURCE-

(Pub. L. 99-450, Sec. 15, Oct. 8, 1986, 100 Stat. 1136.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 93-638, referred to in text, is Pub. L. 93-638, Jan.

4, 1975, 88 Stat. 2203, as amended, known as the Indian

Self-Determination and Education Assistance Act, which is

classified principally to subchapter II (Sec. 450 et seq.) of

chapter 14 of Title 25, Indians. For complete classification of

this Act to the Code, see Short Title note set out under section

450 of Title 25 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-HEAD-