§ 1600c. Colorado River Floodway

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Pub. L. 99–450 § 5 · 100 Stat. 1129

   Enacted · 43 U.S.C. § 1600c

   Pub. L. 99–450, § 5, Oct. 8, 1986, 100 Stat. 1131

   Source evidence

   Code source credit
   Pub. L. 99–450, § 5, Oct. 8, 1986, 100 Stat. 1131

   Enacted provision · exact public law section
   Sec. 5. (a) There is established the Colorado River Floodway as 43 USC 1600c. identified and generally depicted on maps that are to besubmitted by the Secretary. (b) (1) 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: (i) complete a study of the tributary floodflows downstream of Davis Dam. Davis Dam; (ii) define the specific boundaries of the Colorado River Floodway so that the Floodway can accommodate either a one-in-one hundred year river flow consisting of controlled releases and tributary inflow, or a flow of forty thousand cubic feet per second (cfs), whichever is greater, from below Davis Dam to the Southerly International Boundary between the United States of America and the Republic of Mexico. (2) 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. (3) 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. (c) (1) 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. (2) 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.

2. 1998

   An Act to provide for the conservation of anthracite coal resources through measures of flood control and anthracite mine drainage, and for other purposes

   Pub. L. 105–362 § 901(d)(1) · 112 Stat. 3280

   1. Struck · 43 U.S.C. § 1600c(b)

      Pub. L. 105–362, § 901(d)(1), struck out par. (1) designation

   2. Redesignated · 43 U.S.C. § 1600c(b)

      Pub. L. 105–362, § 901(d)(1), redesignated cls. (i) and (ii) of former par. (1) as pars. (1) and (2), respectively

   3. Struck · 43 U.S.C. § 1600c(b)

      Pub. L. 105–362, § 901(d)(1), struck out former pars. (2) and (3) which related to preparation and filing of maps with congressional committees, Federal, State, and local government agencies, and federally insured financial institutions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–362, § 901(d)(1), struck out par. (1) designation, redesignated cls. (i) and (ii) of former par. (1) as pars. (1) and (2), respectively, and struck out former pars. (2) and (3) which related to preparation and filing of maps with congressional committees, Federal, State, and local government agencies, and federally insured financial institutions.

   Enacted provision · exact public law section
   (1) Repeal of requirements.— Section 5(b) of the Colorado River Floodway Protection Act (43 U.S.C. 1600c(b)) is amended— (A) by striking “(b)(1)” and inserting “(b)”; (B) by striking paragraphs (2) and (3); and (C) by redesignating clauses (i) and (ii) as paragraphs(1) and (2), respectively.

3. 1998

   An Act to provide for the conservation of anthracite coal resources through measures of flood control and anthracite mine drainage, and for other purposes

   Pub. L. 105–362 § 901(d)(2) · 112 Stat. 3280

   Substituted · 43 U.S.C. § 1600c(c)(1)

   Pub. L. 105–362, § 901(d)(2), substituted “appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located,” for “the appropriate officers referred to in paragraph (3) of subsection (b) of this section,”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 105–362, § 901(d)(2), substituted “appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located,” for “the appropriate officers referred to in paragraph (3) of subsection (b) of this section,”.

   Enacted provision · exact public law section
   (2) Conforming amendment.— Section 5(c)(1) of such Act(43 U.S.C. 1600c(c)(1)) is amended by striking “the appropriate officers referred to in paragraph (3) of subsection (b),” and inserting “appropriate chief executive officers of States, counties, municipalities, water districts, Indian tribes, or equivalent jurisdictions in which the Floodway is located,”.

5 of 5 references resolved to an enrolled provision