43 U.S.C. § 1600c — Colorado River Floodway

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 introductory pro- visions. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 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 Sec- retary. (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 per- sons 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 Colo- rado River Floodway so that the Floodway can accommodate either a one-in-one hundred year river flow consisting of controlled re- leases 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; no- tice 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 con- sultation with appropriate chief executive offi- cers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdic- tions in which the Floodway is located, and oth- ers, 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 flood- plain as a result of natural forces, and as nec- essary 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 com- ments, the Secretary shall submit to the chief executive officer a written justification for his failure to make modifications consistent with such comments or proposals. (Pub. L. 99–450, § 5, Oct. 8, 1986, 100 Stat. 1131; Pub. L. 105–362, title IX, § 901(d), Nov. 10, 1998, 112 Stat. 3289.) Editorial Notes AMENDMENTS 1998—Subsec. (b). Pub. L. 105–362, § 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 com- mittees, Federal, State, and local government agencies, and federally insured financial institutions. Subsec. (c)(1). Pub. L. 105–362, § 901(d)(2), substituted ‘‘appropriate chief executive officers of States, coun- ties, municipalities, water districts, Indian tribes, or 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, structures (including bridges), or facilities: Provided, That, no such expansion shall be permitted un- less— (1) the expansion is designed and built in accordance with the procedures and stand- ards established in section 650.101 of title 23, Code of Federal Regulations, and the fol- lowing as they may be amended from time to time; and (2) the boundaries of the Floodway are ad- justed to account for changes in flows caused, directly or indirectly, by the expan- sion; (d) military activities essential to national security; (e) any of the following actions or projects, but only if the Secretary finds that the mak- ing 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, stabiliza- tion 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 chap- ter 2003 of title 54; (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 essen- tial 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 al- leviate 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 infrastruc- ture in existence or substantially under con- struction therein, on the date ninety days after October 8, 1986: Provided, That, such persons, or with respect to public infrastruc- ture the State or local political entity which owns or controls such infrastructure, had purchased flood insurance for structures or infrastructure under the National Flood In- surance Program, if eligible, and had taken prudent and reasonable steps, as determined by the Administrator of the Federal Emer- gency Management Agency, to minimize damage from future floods or operations of the Floodway established in the chapter; (6) other assistance for public health pur- poses, such as mosquito abatement pro- grams; (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 develop- ments such as regional parks, golf courses, docks, boat launching ramps (including steamboat and ferry landings), including compatible recreation uses and accom- panying utility or interpretive improve- ments 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 facili- ties in the Floodway. (Pub. L. 99–450, § 7, Oct. 8, 1986, 100 Stat. 1132; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 113–287, § 5(l)(5), Dec. 19, 2014, 128 Stat. 3271.) Editorial Notes REFERENCES IN TEXT The Disaster Relief Act of 1974, referred to in subsec. (e)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 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