§1600e Exceptions

Summary

A federal officer, after talking with the Secretary, may use federal money or give federal help inside the Colorado River Floodway for things like building, running, or fixing dams, channels, or levees for flood control, water conservation, power, or water quality; other fixes such as drainage to control high groundwater from floods; and the repair, replacement, or limited expansion of public or tribal roads, bridges, and facilities. Any expansion must be built following the procedures and standards in section 650.101 of title 23, Code of Federal Regulations, and the Floodway boundaries must be changed to account for any flow changes caused directly or indirectly by the expansion. Military activities needed for national security are also allowed. The federal officer can also fund or assist a range of other projects if the Secretary says they fit the chapter’s purpose: fish and wildlife habitat and related projects; air and water navigation aids; projects eligible under chapter 2003 of title 54; scientific research; emergency actions under sections 305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146) limited to what is needed to deal with the emergency; and disaster help under other parts of that Act for people, buildings, or public infrastructure that existed or were largely under construction on the date ninety days after October 8, 1986, provided those people or the owning state or local entity had bought flood insurance under the National Flood Insurance Program if eligible and had taken prudent, reasonable steps (as the FEMA Administrator decides) to reduce future flood damage. The law also covers public health work like mosquito control, nonstructural riverbank stabilization, compatible public recreational developments, and compatible agriculture without permanent crops.