43 U.S.C. § 1600k — Notices and existing laws

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. Page 434 TITLE 43—PUBLIC LANDS § 1600l 1 So in original. Probably should be ‘‘of’’. § 1600l. Authorization of appropriations There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to dis- charge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emer- gency Management Agency to discharge its du- ties under section 4029 of title 42: Provided fur- ther, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 5301 et seq.] to contract for studies of Indian lands required under the provisions of this chapter. (Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.) Editorial Notes REFERENCES IN TEXT Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables. 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. CHAPTER 33—ALASKA NATIVE CLAIMS SETTLEMENT Sec. 1601. Congressional findings and declaration of pol- icy. 1602. Definitions. 1603. Declaration of settlement. 1604. Enrollment. 1605. Alaska Native Fund. 1606. Regional Corporations. 1607. Village Corporations. 1608. Revenue sharing. 1609. Limitation of actions. 1610. Withdrawal of public lands. 1611. Native land selections. 1612. Surveys. 1613. Conveyance of lands. 1613a. ANCSA amendment. 1614. Timber sale contracts; modification; timber from contingency area. 1615. Withdrawal and selection of public lands; funds in lieu of acreage. Sec. 1616. Joint Federal-State Land Use Planning Com- mission for Alaska. 1617. Revocation of Indian allotment authority in Alaska. 1618. Revocation of reserved rights; excepted re- serve; acquisition of title to surface and subsurface estates in reserve; election of Village Corporations; restoration of land to Elim Native Corporation. 1619. Attorney and consultant fees. 1620. Taxation. 1621. Miscellaneous provisions. 1622. Annual reports to Congress until 1984; sub- mission in 1985 of report of status of Na- tives, summary of actions taken, and rec- ommendations. 1623. Authorization of appropriations. 1624. Regulations; issuance; publication in Federal Register. 1625. Securities laws exemption. 1626. Relation to other programs. 1627. Merger of Native corporations. 1628. Assignments by Regional Corporations of rights to receive payments from Fund. 1629. Cape Krusenstern National Monument land exchange between United States and NANA Regional Corporation, Inc. 1629a. Relinquishment by NANA Regional Corpora- tion, Inc., of lands compact and contiguous to public lands in Cape Krusenstern Na- tional Monument. 1629b. Procedures for considering amendments and resolutions. 1629c. Duration of alienability restrictions. 1629d. Dissenters rights. 1629e. Settlement Trust option. 1629f. Claims arising from contamination of trans- ferred lands. 1629g. Open season for certain Alaska Native vet- erans for allotments. 1629g–1. Alaska Native Vietnam era veterans land al- lotment. 1629h. Kake Tribal Corporation land transfer. § 1601. Congressional findings and declaration of policy Congress finds and declares that— (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participa- tion by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without cre- ating a reservation system or lengthy ward- ship or trusteeship, and without adding to the categories of property and institutions enjoy- ing special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska; (c) no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 1 Alaska to protect and promote the rights or welfare of Natives as citizens of the United