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43 U.S.C. § 1600d — Limitations on Federal expenditures affecting Floodway

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

43 U.S.C. § 1600d — Limitations on Federal expenditures affecting Floodway

**(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.

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Source location: Title 43, Chapter 32B, § 1600d; chapter-32b-colorado-river-floodway.md

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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. § 1600c — Colorado River Floodway

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

43 U.S.C. § 1600d — Limitations on Federal expenditures af-

Page 431 TITLE 43—PUBLIC LANDS § 1600e 1 See References in Text note below. equivalent jurisdictions in which the Floodway is lo- cated,’’ for ‘‘the appropriate officers referred to in paragraph (3) of subsection (b) of this section,’’. § 1600d. Limitations on Federal expenditures af- fecting Floodway (a) Except as provided in section 1600e of this title, no new expenditures or new financial as- sistance 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 ex- penditure or new financial assistance if— (1) in any case with respect to which specific appropriations are required, no money for con- struction or purchase purposes was appro- priated before October 8, 1986; or (2) no legally binding commitment for the expenditure or financial assistance was made before October 8, 1986. (Pub. L. 99–450, § 6, Oct. 8, 1986, 100 Stat. 1132.) § 1600e. Exceptions Notwithstanding section 1600d of this title, the appropriate Federal officer, after consultation with the Secretary, may make Federal expendi- tures 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, in- cluding but not limited to drainage facilities essential to assist in controlling adjacent high ground water conditions caused by flood flows; (c) the maintenance, replacement, recon- struction, repair, and expansion, of publicly or tribally owned or operated roads, str

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