43 U.S.C. § 1600b — Colorado River Floodway Task Force

Page 429 TITLE 43—PUBLIC LANDS § 1600b 1 See References in Text note below. 2 So in original. Probably should be in the singular. (Pub. L. 99–450, § 2, Oct. 8, 1986, 100 Stat. 1129.) Editorial Notes 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 Pro- tection 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. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–450, § 1, Oct. 8, 1986, 100 Stat. 1129, 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’.’’ § 1600a. Definitions (a) The term ‘‘Committees’’ refers to the Com- mittee on Natural Resources of the United States House of Representatives and the Com- mittee on Environment and Public Works and the Committee on Energy and Natural Re- sources of the United States Senate. (b) The term ‘‘financial assistance’’ means any form of loan, grant, guaranty, insurance, pay- ment, rebate, subsidy, or any other form of di- rect 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 cus- tomers of banks, savings and loan associa- tions, 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 inci- dent to the issuance of permits or other au- thorizations 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 de- scribed 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 pub- lic 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. (Pub. L. 99–450, § 3, Oct. 8, 1986, 100 Stat. 1129; Pub. L. 103–437, § 16(a)(4), Nov. 2, 1994, 108 Stat. 4594.) Editorial Notes 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, § 1400(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codi- fication note below. The dates on which the provisions of sections 4029(a) and (b) of title 42 become effective, referred to in sub- sec. (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. CODIFICATION In subsec. (b)(1), ‘‘section 6702 of title 31’’ substituted for ‘‘section 102 of the State and Local Fiscal Assist- ance Amendments of 1972 (31 U.S.C. 1221)’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Fi- nance. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the United States House’’. § 1600b. Colorado River Floodway Task Force (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 lo- cated; (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 rec- ommendations 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 recommenda- tions 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 in- stances 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; 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