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- tenance 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 mainte- nance of Floodway No existing lease of lands owned in whole or in part by the United States and within the Colo- rado 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 Sec- retary to minimize the inconsistency of oper- ation 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. (e) Lands held in trust by United States for ben- efit 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 indi- vidual 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 ben- efit of the Secretary sufficient to insure against all reasonably forseeable,1 direct, and con- sequential damages to the property of the tribe, private persons, and the United States, which may result from the proposed lease. (Pub. L. 99–450, § 13, Oct. 8, 1986, 100 Stat. 1135.) § 1600k. Notices and existing laws (a) Provisions relating to construction work, li- ability for damage, etc., on Mississippi River; notice to lessees (1) Nothing in this chapter shall alter or affect in any way the provisions of section 702c of title 33. (2) The Secretary shall provide notice of the provisions of section 702c of title 33 and this chapter to all existing and prospective lessees of lands leased by the United States and within the Colorado River Floodway. (b) National Flood Insurance Act and National Flood Insurance Program; continuation Except as otherwise specifically provided in this chapter, all provisions of the National Flood Insurance Act of 1968, as amended [42 U.S.C. 4001 et seq.], and requirements of the Na- tional Flood Insurance Program (‘‘NFIP’’) shall continue in full force and effect within areas wholly or partially within the Colorado River Floodway. Any maps or other information re- quired to be prepared by this chapter shall be used to the maximum extent practicable to sup- port implementation of the NFIP. (c) National Flood Insurance Act provisions re- lating directly to Floodway; notice to commu- nities affected The Secretary shall publish notice on three successive occasions in newspapers of general circulation in communities affected by the pro- visions of section 4029 of title 42. (Pub. L. 99–450, § 14, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT The National Flood Insurance Act of 1968, referred to in subsec. (b), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.