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43 U.S.C. § 1600j — Federal leases

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 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** 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600e&num=0&edition=prelim). **(e) Lands held in trust by United States for benefit of Indian tribes or individuals** Sub

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Stable record: federal_law:legal_authorities:record_usc_3f91680f89525d80ee1a2ee9
Source file: Laws/federal/codes/united-states-code/title-43/section-1600j-federal-leases--2db549bc8d.md
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Source location: Title 43, Chapter 32B, § 1600j; chapter-32b-colorado-river-floodway.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600e&num=0&edition=prelim). **(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,11 So in original. Probably should be “foreseeable,”. direct, and consequential damages to the property of the tribe, private persons, and the United States, which may result from the proposed lease.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1600e — Exceptions

Notwithstanding [section 1600d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600d&num=0&edition=prelim), 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 pr

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1600j — Federal leases

Page 433 TITLE 43—PUBLIC LANDS § 1600k 1 So in original. Probably should be ‘‘foreseeable,’’. The Colorado River Storage Project Act, referred to in text, is act Apr. 11, 1956, ch. 203, 70 Stat. 105, which is classified generally to chapter 12B (§ 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, which is classified principally to chapter 32 (§ 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. § 1600h. Separability If any provision of this chapter or the applica- tion thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other per- sons not similarly situated or to other cir- cumstances shall not be affected thereby. (Pub. L. 99–450, § 10, Oct. 8, 1986, 100 Stat. 1134.) § 1600i. Reports to Congress Within one year after October 8, 1986, the Sec- retary shall prepare and submit to the Commit- tees a report regarding the Colorado River Floodway, the task force’s report, and the Sec- retary’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 eco- nomic development of the Indian tribes whose lands are located within the Floodway. (Pub. L. 99–450, § 11, Oct. 8, 1986, 100 Stat. 1134.) § 1600j. Federal leases (a) Lease of lands owned in whole or in part by United States within Floodway; determina- tion of consistency with operation and main-

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