43 U.S.C. § 1600g — Priority of laws

Page 432 TITLE 43—PUBLIC LANDS § 1600f revised by Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4689. Section 102(b) of Pub. L. 100–707 provided that a ref- erence in any other law to a provision of the Disaster Relief Act of 1974 shall be deemed to be a reference to such provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Act was renamed the ‘‘Robert T. Stafford Disaster Relief and Emergency Assistance Act’’ by Pub. L. 106–390, title III, § 301, Oct. 30, 2000, 1114 Stat. 1572. Section 105(d) of Pub. L. 100–707 repealed sections 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and redesignated sections 308 and 309 of the Act (42 U.S.C. 5148 and 5149), and any references there- to, as sections 305 and 306, respectively. For cor- responding provisions to former sections 305 and 306 of the Act, see sections 5170a, 5170b, and 5192 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. AMENDMENTS 2014—Subsec. (e)(3). Pub. L. 113–287 substituted ‘‘chap- ter 2003 of title 54’’ for ‘‘the Land and Water Conserva- tion Fund Act of 1965 (16 U.S.C. 460l–4 through 11)’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (e)(5) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. 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. § 1600f. Certification of compliance The Secretary of the Interior shall, on behalf of each Federal agency concerned, make written certification that each agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1985. Such certification shall be submitted on an an- nual basis to the United States House of Rep- resentatives and the United States Senate on or before January 15 of each fiscal year. (Pub. L. 99–450, § 8, Oct. 8, 1986, 100 Stat. 1134.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Secretary submit written certifications on an annual basis to the United States House of Representatives and the United States Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 6th item on page 113 of House Document No. 103–7. § 1600g. Priority of laws Nothing contained in this chapter shall be construed to alter, amend, repeal, modify, inter- pret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 944, 59 Stat. 1219), the Flood Control Act of 1944 (58 Stat. 887), the decree entered by the Supreme Court of the United States in Arizona v. California, and oth- ers (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057) [43 U.S.C. 617 et seq.], the Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a) [43 U.S.C. 618 et seq.], the Colorado River Storage Project Act (70 Stat. 105; 43 U.S.C. 620) [43 U.S.C. 620 et seq.], the Colo- rado River Basin Project Act (82 Stat. 885; 43 U.S.C. 1501) [43 U.S.C. 1501 et seq.]. Furthermore, nothing contained in this chapter shall be con- strued as indicating an intent on the part of the Congress to change the existing relationship of other Federal laws to the law of a State, or a po- litical subdivision of a State, or to relieve any person of any obligation imposed by any law of any State, tribe, or political subdivision of a State. No provision of this chapter shall be con- strued to invalidate any provision of State, trib- al, or local law unless there is a direct conflict between such provision and the law of the State, or political subdivision of the State or tribe, so that the two cannot be reconciled or consist- ently stand together. Inconsistencies shall be re- viewed by the task force, and the task force shall make recommendations concerning such local laws. This chapter shall in no way be inter- preted to interfere with a State’s or tribe’s right to protect, rehabilitate, preserve, and restore lands within its established boundary. (Pub. L. 99–450, § 9, Oct. 8, 1986, 100 Stat. 1134.) Editorial Notes REFERENCES IN TEXT The Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), and the Water Treaty of 1944, referred to in text, are not classi- fied to the Code. The Flood Control Act of 1944, referred to in text, is act Dec. 22, 1944, ch. 665, 58 Stat. 887, which enacted sec- tion 390 of this title, sections 460d and 825s of Title 16, Conservation, and sections 701–1, 701a–1, 708, and 709 of Title 33, Navigation and Navigable Waters, and enacted provisions set out as notes under sections 701c, 701f, and 701j of Title 33. For complete classification of this Act to the Code, see Tables. The Boulder Canyon Project Act, referred to in text, is act Dec. 21, 1928, ch. 42, 45 Stat. 1057, which is classi- fied generally to subchapter I (§ 617 et seq.) of chapter 12A of this title. For complete classification of this Act to the Code, see section 617t of this title and Tables. The Boulder Canyon Project Adjustment Act, re- ferred to in text, is act July 19, 1940, ch. 643, 54 Stat. 774, which is classified generally to subchapter II (§ 618 et seq.) of chapter 12A of this title. For complete classi- fication of this Act to the Code, see section 618o of this title and Tables. 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.