Public Law 99–450

there are multiple purposes established by law for the dams and other control structures administered by the Secretary of the Interior on the Colorado River;

the maintenance of the Colorado River Floodway established in this Act is essential to accomplish these multiple purposes;

developments within the Floodway are and will continue to be vulnerable to damaging flows such as the property damage which occurred in 1983 and may occur in the future;

certain Federal programs which subsidize or permit development within the Floodway threaten human life, health, property, and natural resources; and

there is a need for coordinated Federal, State, and local action to limit Floodway development.

establish the Colorado River Floodway, as designated and described further in this Act, so as to provide benefits to river users and to minimize the loss of human life, protect health and safety, and minimize damage to property and natural resources by restricting future Federal expenditures and financial assistance, except public health funds, which have the effect of encouraging development within the Colorado River Floodway; and

establish a task force to advise the Secretary of the Interior and the Congress on establishment of the Floodway and on managing existing and future development within the Floodway, including the appropriateness of compensation in specified cases of extraordinary hardship.

general revenue-sharing grants made under section 102 of the State and Local Fiscal Assistance Amendments of 1972 (31 U.S.C. 1221);

deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions;

the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation;

assistance for environmental studies, plans, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and

assistance pursuant to programs entirely unrelated to development, such as any Federal or federally assisted public assistance program or any Federal old-age, survivors, or disability insurance program.

each State (appointed by the Governor) and Indian reservation in which the Floodway is located;

each county in which the Floodway is located;

a law enforcement agency from each county in which the Floodway is located;

each water district in which the Floodway is located;

the cities of Needles, Parker, Blythe, Bullhead City, Yuma, Laughlin, Lake Havasu City, Nevada (if and when incorporated), and Mojave County, Arizona Supervisor District No. 2 (chosen by, but not a member of the Board of Supervisors);

the Chamber of Commerce from each county in which the Floodway is located;

the Colorado River Wildlife Council;

the Army Corps of Engineers;

the Federal Emergency Management Agency (FEMA);

the Department of Agriculture;

the Department of the Interior; and

the Department of State.

the means to restore and maintain the Floodway specified in section 5 of this Act, including, but not limited to, specific instances where land transfers or relocations, or other changes in land management, might best effect the purposes of this Act;

the necessity for additional Floodway management legislation

State and local governments.

Indians.

at local, tribal, State, and Federal levels;

the development of specific design criteria for the creation of the Floodway boundaries;

the review of mapping procedures for Floodway boundaries;

whether compensation should be recommended in specific cases of economic hardship resulting from impacts of the 1988 flood on property outside the Floodway which could not reasonably havebeen foreseen; and

the potential application of the Floodway on Indian lands

Indians.

and recommended legislation or regulations that might be needed to achieve the purposes of the Floodway taking into consideration the special Federal status of Indian lands.

Within eighteen months after the date of enactment of this Act, the Secretary, in consultation with the seven Colorado River Basin States, represented by persons designated by the Governors of those States, the Colorado River Floodway Task Force, and any other interested parties shall:

As soon as practicable after the determination of the Floodway boundary pursuant to this subsection, the Secretary shall prepare and file with the Committees maps depicting the Colorado River Floodway, and each such map shall be considered a standard map to be adhered to by all agencies and shall have the same force and effect as if included in this Act, except that correction of clerical and typographical errors in each such map may be made. Each such map shall be on file and available for public inspection in the Office of the Commissioner of the Bureau of Reclamation, Department of the Interior, and in other appropriate offices of the Department.

The Secretary shall provide copies of the Colorado River

State and local governments.

Indians.

Banks and banking.

Floodway maps to (A) the chief executive officer of each State, county, municipality, water district, Indian tribe, or equivalent jurisdiction in which the Floodway is located, (B) each appropriate Federal agency, including agencies which regulate Federal financial institutions, and (C) each federally insured financial institution which serves the geographic area as one of its primary markets.

The Secretary shall conduct, at least once every five years, a review of the Colorado River Floodway and make, after notice to and in consultation with the appropriate officers referred to in paragraph (3) of subsection (b), and others, such minor and technical modifications to the boundaries of the Floodway as are necessary solely to reflect changes that have occurred in the size or location of any portion of the floodplain as a result of natural forces, and as necessary pursuant to subsection (c) of section (7) of this Act.

State and local governments.

Indians.

If, in the case of any minor and technical modification to the boundaries of the Floodway made under the authority of this subsection, an appropriate chief executive officer of a State, county, municipality, water district, Indian tribe, or equivalent jurisdiction, to which notice was given in accordance with this subsection files comments disagreeing with all or part of the modification and the Secretary makes a modification which is in conflict with such comments, the Secretary shall submit to the chief executive officer a written justification for his failure to make modifications consistent with such comments or proposals.

in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before the date of the enactment of this Act; or

no legally binding commitment for the expenditure or financial assistance was made before such date of enactment.

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

the boundaries of the Floodway are adjusted to ac-count for changes in flows caused, directly or indirectly, by the expansion;

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;

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

projects eligible for funding under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 through 11);

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

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 sections 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) may also be provided with

42 USC 5121 note.

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 the date of enactment of this Act: 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 bad taken prudent and reasonable steps, as determined by the Director of the Federal Emergency Management Agency, to minimize damage from future floods or operations of the Floodway established in the Act;

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

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

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; and

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

43 USC 1600k.

Nothing in this Act shall alter or affect in any way the provisions of section 702c of title 33, United States Code.

Public lands.

The Secretary shall provide notice of the provisions of section 702c of title 33, United States Code, and this Act to all existing and prospective lessees of lands leased by the United States and within the Colorado River Floodway.