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Title 43 — Public Lands

Chapter 32B — Colorado River Floodway

§ 1600e. Exceptions

Statutory text

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)

any dam, channel or levee construction, operation or maintenance for the purpose of flood control, water conservation, power or water quality;

(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 sections 305 and 306 of the Disaster Relief Act of 1974 1 (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 1 (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 : 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.

Footnotes

  1. 1 See References in Text note below.

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. Pub. L. 99–450 § 7 · 100 Stat. 1129

    Enacted · 43 U.S.C. § 1600e

    Pub. L. 99–450, § 7, Oct. 8, 1986, 100 Stat. 1132

    Source evidence

    Code source credit
    Pub. L. 99–450, § 7, Oct. 8, 1986, 100 Stat. 1132

    Enacted provision · exact public law section
    Sec. 7. Grants. Loans. 43 USC 1600e. Notwithstanding section 6, the appropriate Federal officer, after consultation with the Secretary, may make Federal expenditures or financial assistance available within the Colorado River Floodway for— (a) any dam, channel or levee construction, operation or maintenance for the purpose of flood control, water conservation, power or water quality; (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 ac-count 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 Act: (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 the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–4 through 11); (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 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; (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; and (9) compatible agricultural uses that do not involve permanent crops and include only a minimal amount of permanent facilities in the Floodway.

  2. Pub. L. 113–287 § 5 · 128 Stat. 3094

    Substituted · 43 U.S.C. § 1600e(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)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    SEC. 5. CONFORMING CROSS-REFERENCES. (a) Title 7, United States Code.— Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code”. (b) Title 10, United States Code.— Section 2684(c)(1) of title 10, United States Code, is amended by striking “section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))” and substituting “section 2023.01 of title 54”. (c) Title 15, United States Code.— Section 1072(a)(3)(D) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “chapter 2003 of title 54, United States Code”. (d) Title 16, United States Code.— (1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is amended— (A) in subsection (a), by striking “subsection 5(d) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “section 200305(d) of title 54, United States Code”; and (B) in subsection (g), by striking “Subsection 6(a)(2) of the Land and Water Development Fund Act of 1965 (78 Stat. 897)” and substituting “section 200306(a)(3) of title 54, United States Code,”. (2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is amended by striking “section 6 of the Act of September 3, 1964 (78 Stat. 897, 903)” and substituting “section 200306 of title 54, United States Code”. (3) Section 7(c) of the Springs Mountain National Recreation Area Act (16 U.S.C. 460hhh–5(c)) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii–4(b)) is amended by striking “section 7(a) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l–9(a))” and substituting “section 200306(a) of title 54, United States Code”. (5) Section 702(a) of the Steens Mountain Cooperative Management and Protection Act of 2000 (16 U.S.C. 460nnn–122(a)) is amended by striking “section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)” and substituting “section 200302 of title 54, United States Code,”. (6) Section 4 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470cc) is amended— (A) in subsection (h)— (i) in paragraph (1), by striking “the Act of June 8, 1906 (16 U.S.C. 431–433)” and substituting “chapter 3203 of title 54, United States Code”; and (ii) in paragraph (2), by striking “the Act of June 8, 1906” each place it appears and substituting “chapter 3203 of title 54, United States Code”; and (B) in subsection (i), by striking “section 106 of the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)” and substituting “section 306108 of title 54, United States Code”. (7) Section 5 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470dd) is amended by striking “the Act of June 27, 1960 (16 U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431–433)” and substituting “chapter 3125 or chapter 3203 of title 54, United States Code”. (8) Section 9(a)(2) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking “the Act of June 27, 1960 (16 U.S.C. 469–469c)” and substituting “chapter 3125 of title 54, United States Code”. (9) Section 6311(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 470aaa–10(1)) is amended by striking “Public Law 94–429 (commonly known as the ‘Mining in the Parks Act’ (16 U.S.C. 1901 et seq.)” and substituting “subchapter 3 of chapter 1007 of title 54, United States Code”. (10) Section 502(h)(1)(B) of the National Parks and Recreation Act of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking “the Land and Water Conservation Fund Act” and substituting “chapter 2003 of title 54, United States Code”. (11) Section 339(f)(4)(H) of the Department of the Interior and Related Agencies Appropriations Act, 2000 (Public Law 106–113, div. B, § 1000(a)(3), title III, 16 U.S.C. 528 note), is amended by striking “Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a)” and substituting “Section 100904 of title 54, United States Code”. (12) Section 6(d) of the Alaska Land Status Technical Corrections Act of 1992 (Public Law 102–415, 16 U.S.C. 539 note) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (13) Section 2(b) of the Greer Spring Acquisition and Protection Act of 1991 (Public Law 102–220, 16 U.S.C. 539h note) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (14) Section 606 of the Interstate 90 Land Exchange Act of 1998 (Public Law 105–277, div. A, § 101(e), title VI, 16 U.S.C. 539k note) is amended— (A) in subsection (a)(3), by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code,”; (B) in subsection (b)(2), by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code”; and (C) in subsection (g)(1), by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code,”. (15) Section 6 of Public Law 93–535 (16 U.S.C. 541e) is amended by striking “clause 7(a)(1) of the Act of September 3, 1964 (78 Stat. 903), as amended” and substituting “section 200306(a)(2) of title 54, United States Code”. (16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code,”. (17) Section 16(a)(1) of the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544n(a)(1) is amended by striking “the Land and Water Conservation Fund (16 U.S.C. 460l–4 and following)” and substituting “chapter 2003 of title 54, United States Code,”. (18) Section 3(b) of the Saint Helena Island National Scenic Area Act (16 U.S.C. 546a(b)) is amended by striking “section 8 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (19) Section 6(a) of the Act of June 22, 1948 (known as the Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking “the Land and Water Conservation Fund Act (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (20) Section 104(f) of the Valles Caldera Preservation Act (16 U.S.C. 688v–2(f)) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 1133(a)(3)) is amended— (A) by striking “the Act of August 25, 1916” and substituting “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”; and (B) by striking “the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq); section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.)” and substituting “section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 of title 54, United States Code”. (22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code”. (23) Section 7(h)(1) of the National Trails System Act (16 U.S.C. 1246(h)(1) is amended by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code,”. (24) Section 8(a) of the National Trails System Act (16 U.S.C. 1247(a)) is amended— (A) by striking “the Land and Water Conservation Fund Act” and substituting “chapter 2003 of title 54, United States Code”; (B) by striking “the Act of October 15, 1966 (80 Stat. 915), as amended” and substituting “division A of subtitle III of title 54, United States Code”; and (C) by striking “the Act of May 28, 1963 (77 Stat. 49” and substituting “chapter 2003 of title 54, United States Code”. (25) Section 9(e)(3) of the National Trails System Act (16 U.S.C. 1248 (e)(3)) is amended by striking “section 2 of the Land and Water Conservation Fund Act of 1965” and substituting “section 200302 of title 54, United States Code”. (26) Section 10(a)(1) of the National Trails System Act (16 U.S.C. 1249(a)(1)) is amended by striking “the Land and Water Conservation Fund Act (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (27) Section 11(a)(2) of the National Trails System Act (16 U.S.C. 1250(a)(2)) is amended— (A) by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code”; and (B) by striking “section 6 of the Land and Water Conservation Fund Act of 1965” and substituting “200305 of title 54, United States Code”. (28) Section 12(4) of the National Trails System Act (16 U.S.C. 1251(4)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code,”. (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1273(a)) is amended by striking “the Land and Water Conservation Act of 1965” and substituting “chapter 2003 of title 54, United States Code,”. (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(d)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 1282) is amended— (A) in subsection (a), by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897” and substituting “chapter 2003 of title 54, United States Code”; and (B) in subsection (b)(2)— (i) in subparagraph (A), by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code,”; and (ii) in subparagraph (B), by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (32) Section 5(b) of the Endangered Species Act of 1973 (16 U.S.C. 1534(b) is amended by striking “the Land and Water Conservation Fund Act of 1965, as amended” and substituting “chapter 2003 of title 54, United States Code”. (33) Section 815(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3125(4)” is amended— (A) by striking “the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)” and substituting “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”; and (B) by adding “or such title” after “such Acts”. (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16 U.S.C. 3505(a)(6)(C)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code,”. (35) Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by striking “Public Law 90–209 (16 U.S.C. 19e et seq.)” and substituting “subchapter II of chapter 1011 of title 54, United States Code”. (36) Section 805(f)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(f)(1)) is amended— (A) by striking “(16 U.S.C. 460l–6a)”; and (B) by striking “; 16 U.S.C. 5991–5995”. (37) Section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) is amended— (A) in subsection (A), by striking “(16 U.S.C. 460l–6a et seq.)”; (B) in subsection (b), by striking “; 16 U.S.C. 460l–6a”; (C) in subsection (c)— (i) in paragraph (1), by striking “; 16 U.S.C. 5982”; and (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and (D) in subsection (e)— (i) in paragraph (1), by striking “(16 U.S.C. 460l–6a(i)(1))”; (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and (iii) in paragraph (3), by striking “; 16 U.S.C. 460l–6a”. (e) Title 20, United States Code.— (1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) is amended by striking “the Act of June 8, 1906 (16 U.S.C. 432, 433)” and substituting “section 1866(b) of title 18, United States Code, and sections 320302 and 320303 of title 54, United States Code”. (2) Section 1517(a)(3) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4424(a)(3)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (3) Section 7202(13)(E) of the Native Hawaiian Education Act (20 U.S.C. 7512(13)(D)) is amended by striking “ the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (f) Title 23, United States Code.— (1) Section 103(c)(5) of title 23, United States Code, is amended— (A) in subparagraph (B)(i), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”; and (B) in subparagraph (C), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”. (2) Section 138(b)(2)(A) of title 23, United States Code, is amended by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”. (3) Section 206 of title 23, United States Code, is amended— (A) in subsection (d)(1)(B), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”; (B) in subsection (d)(2)(D)(ii), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”; and (C) in subsection (h)(3), by striking “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))” and substituting “section 200305(f)(3) of title 54”. (g) Title 25, United States Code.— Section 509(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aaa–8(a)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (h) Title 26, United States Code.— Section 9503(c)(3)(A)(i) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by striking “title I of the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54”. (i) Title 36, United States Code.— Section 153513(a)(1) of title 36, United States Code, is amended by striking “the Act of August 25, 1916 (16 U.S.C. 1 et seq.) (known as the National Park Service Organic Act)” and substituting “section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”. (j) Title 40, United States Code.— (1) Section 549(c)(3)(B)(ix) of title 40, United States Code, is amended— (A) by striking “section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2))” and substituting “section 305101(4) of title 54”; and (B) by striking “subsection (b) of that section” and substituting “section 305103 of title 54”. (2) Section 550(h)(1)(B) of title 40, United States Code, is amended by striking “section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act)” and substituting “section 102303 of title 54”. (3) Section 1303(c) of title 40, United States Code, is amended by striking “the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act)” and substituting “chapter 3201 of title 54”. (4) Section 1314(a)(2)(A)(ii) of title 40, United States Code, is amended by striking “the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act)” and substituting “section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54”. (5) Section 3303(c) of title 40, United States Code, is amended by striking “title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)” and substituting “section 304101 of title 54”. (6) Section 3306(a)(4) of title 40, United States Code, is amended by striking “section 101 of the National Historic Preservation Act (16 U.S.C. 470a)” and substituting “chapter 3021 of title 54”. (7) Section 14507(a)(1)(A)(ii) of title 40, United States Code, is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”. (k) Title 42, United States Code.— (1) Section 303(2) of the Water Resources Planning Act (42 U.S.C. 1962c–2(2)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (2) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended by striking “section 5(e) of the Land And Water Conservation Fund Act of 1965” and substituting “section 200305(e) of title 54, United States Code”. (3) Section 5(c) of the Department of Housing and Urban Development Act (42 U.S.C. 3534(c)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code,”. (4) Section 121 of the Housing and Community Development Act of 1974 (42 U.S.C. 5320) is amended— (A) by amending subsection (a) to read as follows: “(a) With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54, United States Code.” ; and (B) in subsection (c), by striking “section 106 of the Act referred to in subsection (a)(1)” and substituting “section 306108 of title 54, United States Code,”. (5) Section 504(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy Research, Development, Demonstration, and Commercial Application Act of 2005 (42 U.S.C. 16378(c)(2)) is amended— (A) in subparagraph (B), by striking “section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c))” and substituting “section 200302(c) of title 54, United States Code”; and (B) in subparagraph (C), by striking “section 108 of the National Historic Preservation Act (16 U.S.C. 470h)” and substituting “chapter 3031 of title 54, United States Code”. (l) Title 43, United States Code.— (1) The second paragraph under the heading “administrative provisions” under the heading “Bureau of Reclamation” (43 U.S.C. 377b) is amended by striking “the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27 1960 (16 U.S.C. 469)” and substituting “chapters 3125 and 3201 of title 54, United States Code”. (2) Section 105 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432, div. C, title I, 43 U.S.C. 1331 note) is amended— (A) in subsection (a)(2)(B)— (i) by striking “section 6 of the Land And Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8)” and substituting “section 200305 of title 54, United States Code”; and (ii) by striking “section 2 of that Act (16 U.S.C. 460l–5)” and substituting “section 200302 of that title”; and (B) in subsection (e)(3)(B), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54, United States Code”. (3) Section 1401(b) of the Omnibus Budget Reconciliation Act of 1981 (43 U.S.C. 1457a(b)) is amended— (A) by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)” and substituting “chapter 2003 of title 54, United States Code”; (B) by striking “the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470)” and substituting “division A of subtitle III of title 54, United States Code”; and (C) by striking “the Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)” and substituting “chapter 2005 of title 54, United States Code”. (4) The paragraph under the heading “natural resource damage assessment and restoration fund” under the heading “United States Fish and Wildlife Service” in Public Law 103–138 (43 U.S.C. 1474b–1) is omitted by striking “the Act of July 27, 1990 (Public Law 101–337)” and substituting “subchapter II of chapter 1007 of title 54, United States Code,”. (5) Section 7(e)(3) of the Colorado River Floodway Protection Act (43 U.S.C. 1600e(e)(3)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code”. (6) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking “the Act of September 3, 1964 (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (7) Section 204(j) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(j)) is amended by striking “the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)” and substituting “chapter 3203 of title 54, United States Code”. (8) Section 201(d)(3)(E) of the Consolidated Natural Resources Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code,”. (9) Section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) is amended— (A) in subsection (e), by striking “the Land and Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54, United States Code”; and (B) in subsection (f)(2), by striking “section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)” and substituting “section 200303 of title 54, United States Code”. (m) Title 45, United States Code.— (1) Section 1168(a) of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111(a)) is amended by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code”. (2) Section 613(a) of the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1212(a)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (n) Title 46, United States Code.— Section 13102(b)(2) of title 46, United States Code, is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460–11)” and substituting “chapter 2003 of title 54, United States Code,”. (o) Title 48, United States Code.— (1) Section 105(l) of Public Law 99–239 (known as the Compact of Free Association Amendments Act of 2003) (48 U.S.C. 1905(l)) is amended by striking “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)” and substituting “division A of subtitle III of title 54, United States Code”. (2) Section 105(j) of Public Law 108–188 (known as the Compact of Free Association Act of 1985) (48 U.S.C. 1921(d)) is amended by striking “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)” and substituting “division A of subtitle III of title 54, United States Code”. (p) Title 49, United States Code.— Section 303(d)(2) of title 49, United States Code, is amended by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54, United States Code”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

The Disaster Relief Act of 1974, referred to in subsec. (e)(5), is Pub. L. 93–288, , 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, , 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, , 1114 Stat. 1572. Section 105(d) of Pub. L. 100–707 repealed sections 305 and 306 of the Act (42 U.S.C. 5145 and 5146) and redesignated sections 308 and 309 of the Act (42 U.S.C. 5148 and 5149), and any references thereto, as sections 305 and 306, respectively. For corresponding provisions to former sections 305 and 306 of the Act, see sections 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 , 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 sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1986–2014 · 3 acts
  1. 1986Pub. L. 99–450, § 7, , 100 Stat. 1132
  2. 2006Pub. L. 109–295, title VI, § 612(c), , 120 Stat. 1410
  3. 2014Pub. L. 113–287, § 5(l)(5), , 128 Stat. 3271.
Show as published

(Pub. L. 99–450, § 7, , 100 Stat. 1132; Pub. L. 109–295, title VI, § 612(c), , 120 Stat. 1410; Pub. L. 113–287, § 5(l)(5), , 128 Stat. 3271.)

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