43 U.S.C. § 1600e: Exceptions

Summary

A federal officer, after talking with the Secretary, may spend federal money or give federal help inside the Colorado River Floodway even if section 1600d would otherwise stop it. That money can be used for dams, channels, or levees for flood control, water conservation, power, or water quality; other fixes like drainage to control high groundwater caused by floods; and for keeping, replacing, rebuilding, repairing, or expanding public or tribal roads, bridges, and facilities. Any expansion must be built under the procedures and standards in 23 C.F.R. §650.101 (as it may be changed) and the Floodway boundaries must be adjusted to reflect any flow changes the expansion causes. The officer may also fund military activities needed for national security. The officer may fund other kinds of projects too, but only if the Secretary finds them consistent with the chapter’s purposes. These include nine types of projects: fish and wildlife work and habitat or recreation projects; air and water navigation aids and access; projects eligible under chapter 2003 of title 54; scientific research; emergency actions to save lives and protect property under sections 305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146) limited to what is necessary, and disaster aid under other parts of that Act for people or structures that existed or were substantially under construction on the date ninety days after October 8, 1986, provided those people or the public owner had bought flood insurance if eligible and took prudent steps, as FEMA decides, to reduce future flood damage; public health help like mosquito control; nonstructural riverbank work that restores natural stabilization; publicly or tribally funded compatible recreation (parks, golf courses, docks, boat ramps) and related utility or interpretive work tied to restoring a National Historical Landmark that meet good engineering practice; and compatible agriculture that has no permanent crops and only minimal permanent facilities in the Floodway.

Title 43, §1600e

Public Lands, Source: USLM XML via OLRC

Notwithstanding section 1600d of this title, the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures or financial assistance available within the Colorado River Floodway for— (a)

(b)other remedial or corrective actions, including but not limited to drainage facilities essential to assist in controlling adjacent high ground water conditions caused by flood flows;

(c)the maintenance, replacement, reconstruction, repair, and expansion, of publicly or tribally owned or operated roads, structures (including bridges), or facilities: Provided, That, no such expansion shall be permitted unless—

(1)the expansion is designed and built in accordance with the procedures and standards established in section 650.101 of title 23, Code of Federal Regulations, and the following as they may be amended from time to time; and

(2)the boundaries of the Floodway are adjusted to account for changes in flows caused, directly or indirectly, by the expansion;

(d)military activities essential to national security;

(e)any of the following actions or projects, but only if the Secretary finds that the making available of expenditures or assistance therefor is consistent with the purposes of this chapter:

(1)projects for the study, management, protection and enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands, stabilization projects for fish and wildlife habitats, and recreational projects;

(2)the establishment, operation, and maintenance of air and water navigation aids and devices, and for access thereto;

(3)projects eligible for funding under chapter 2003 of title 54;

(4)scientific research, including but not limited to aeronautical, atmospheric, space, geologic, marine, fish and wildlife and other research, development, and applications;

(5)assistance for emergency actions essential to the saving of lives and the protection of property and the public health and safety, if such actions are performed pursuant to section 305 and 306 of the Disaster Relief Act of 1974 (42 U.S.C. 5145 and 5146) and are limited to actions that are necessary to alleviate the emergency. Disaster assistance under other provisions of the Disaster Relief Act of 1974 (Public Law 93–288, as amended) [42 U.S.C. 5121 et seq.] may also be provided with respect to persons residing within the Floodway, or structures or public infrastructure in existence or substantially under construction therein, on the date ninety days after October 8, 1986: Provided, That, such persons, or with respect to public infrastructure the State or local political entity which owns or controls such infrastructure, had purchased flood insurance for structures or infrastructure under the National Flood Insurance Program, if eligible, and had taken prudent and reasonable steps, as determined by the Administrator of the Federal Emergency Management Agency, to minimize damage from future floods or operations of the Floodway established in the chapter;

(6)other assistance for public health purposes, such as mosquito abatement programs;

(7)nonstructural projects for riverbank stabilization that are designed to enhance or restore natural stabilization systems;

(8)publicly or tribally financed, owned and operated compatible recreational developments such as regional parks, golf courses, docks, boat launching ramps (including steamboat and ferry landings), including compatible recreation uses and accompanying utility or interpretive improvements which are essential or closely related to the purpose of restoring the accuracy of a National Historical Landmark and which meet best engineering practices considering the nature of Floodway conditions;

(9)compatible agricultural uses that do not involve permanent crops and include only a minimal amount of permanent facilities in the Floodway.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Disaster Relief Act of 1974, referred to in subsec. (e)(5), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. The 1974 Act was renamed “The Robert T. Stafford Disaster Relief and Emergency Assistance Act”, and was substantially revised by Pub. L. 100–707, Nov. 23, 1988, 102 Stat. 4689. section 102(b) of Pub. L. 100–707 provided that a reference 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 section 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and redesignated section 308 and 309 of the Act (42 U.S.C. 5148 and 5149), and any references thereto, as section 305 and 306, respectively. For corresponding provisions to former section 305 and 306 of the Act, see section 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 “chapter 2003 of title 54” for “the Land and Water Conservation 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 Management 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 Emergency Management Agency until Mar. 31, 2007, see section 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, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and section 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§1600e Exceptions

Summary

Title 43, §1600e

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Transfer of Functions

Transfer of Functions

Citations & Metadata