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43 U.S.C. § 1600c — Colorado River Floodway
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
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Stable record: federal_law:legal_authorities:record_usc_a5dfbcdf2f65261585e33733
Source file: Laws/federal/codes/united-states-code/title-43/section-1600c-colorado-river-floodway--18b6acff3d.md
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Source location: Title 43, Chapter 32B, § 1600c; chapter-32b-colorado-river-floodway.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600e&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Renewal and transfer of policies; acquisition of policies after filing of maps** Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim) shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies.
**(b) New coverage for new construction or substantial improvements** No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim). New construction includes all structures that are not insurable prior to that date.
**(c) Establishment of temporary boundaries** The Secretary of the Interior may by rule after notice and comment pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4051
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Federal law — U.S. Code and appendices · legal_authorities
**(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 11 See References in Text note below. 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 22 So in original. Probably should be in the singular. 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 [sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600a
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Federal law — U.S. Code and appendices · legal_authorities
**(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 chapter 10 of title 5 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim), 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1600e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600e&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim).
**(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: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1600d
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Federal law — U.S. Code and appendices · legal_authorities
Page 430
TITLE 43—PUBLIC LANDS
§ 1600c
1 See References in Text note below.
(3) the development of specific design cri-
teria for the creation of the Floodway bound-
aries;
(4) the review of mapping procedures for
Floodway boundaries;
(5) whether compensation should be rec-
ommended in specific cases of economic hard-
ship 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 con-
sideration 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.
(Pub. L. 99–450, § 4, Oct. 8, 1986, 100 Stat. 1130;
Pub. L. 117–286, § 4(a)(284), Dec. 27, 2022, 136 Stat.
4337.)
Editorial Notes
REFERENCES IN TEXT
Section 1600c(b)(2) of this title, referred to in subsec.
(c), was struck out and former subsec. (b)(1)(ii) of sec-
tion 1600c redesignated subsec. (b)(2) of section 1600c by
Pub. L. 105–362, title IX, § 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.
AMENDMENTS
2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter
10 of title 5’’ for ‘‘the Federal Advisory Committee Act
(Public Law 92–463; 5 U.S.C. App.)’’ in introductor
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1600c
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