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Title 43 — Public Lands

Chapter 32B — Colorado River Floodway

§ 1600j. Federal leases

Statutory text

(a)

Lease of lands owned in whole or in part by United States within Floodway; determination of consistency with operation and maintenance

No lease of lands owned in whole or in part by the United States and within the Colorado River Floodway shall be granted after , unless the Secretary determines that such lease would be consistent with the operation and maintenance of the Colorado River Floodway.

(b)

Extension of existing leases; minimization of inconsistency with operation and maintenance of Floodway

No existing lease of lands owned in whole or in part by the United States and within the Colorado River Floodway shall be extended beyond , or the stated expiration date of its current term, whichever is later, unless the lessee agrees to take reasonable and prudent steps determined to be necessary by the Secretary to minimize the inconsistency of operation under such lease with the operation and maintenance of the Colorado River Floodway.

(c)

Lease of lands owned in whole or in part by United States between Hoover Dam and Davis Dam

No lease of lands owned in whole or part by the United States between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake Mohave shall be granted unless the Secretary determines that such lease would be consistent with the operation of Lake Mohave.

(d)

Lease operations on Indian lands

The provisions of subsections (a) and (b) of this section shall not apply to lease operations on Indian lands pursuant to a lease providing for activities which are exempted under section 1600e of this title.

(e)

Lands held in trust by United States for benefit of Indian tribes or individuals

Subsections (a) and (b) of this section shall not apply to lands held in trust by the United States for the benefit of any Indian tribe or individual with respect to any lease where capital improvements, and operation and maintenance costs are not provided for by Federal financial assistance if the lessee, tribe, or individual has provided insurance or other security for the benefit of the Secretary sufficient to insure against all reasonably forseeable,1 direct, and consequential damages to the property of the tribe, private persons, and the United States, which may result from the proposed lease.

Footnotes

  1. 1 So in original. Probably should be “foreseeable,”.

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 § 13 · 100 Stat. 1129

    Enacted · 43 U.S.C. § 1600j

    (Pub. L. 99–450, § 13, Oct. 8, 1986, 100 Stat. 1135.)

    Source evidence

    Code source credit
    (Pub. L. 99–450, § 13, Oct. 8, 1986, 100 Stat. 1135.)

    Enacted provision · exact public law section
    Sec. 13. (a) No lease of lands owned in whole or in part by the Public lands. 48 USC 1600j. United States and within the Colorado River Floodway shall be granted after the date of enactment of this Act unless the Secretary determines that such lease would be consistent with the operation and maintenance of the Colorado River Floodway. (b) No existing lease of lands owned in whole or in part by the United States and within the Colorado River Floodway shall be extended beyond the date of enactment of this Act or the stated expiration date of its current term, whichever is later, unless the lessee agrees to take reasonable and prudent steps determined to be necessary by the Secretary to minimize the inconsistency of operation under such lease with the operation and maintenance of the Colorado River Floodway. (c) No lease of lands owned in whole or part by the United States between Hoover Dam and Davis Dam below elevation 655.0 feet on Lake Mohave shall be granted unless the Secretary determines that such lease would be consistent with the operation of Lake Mohave. (d) The provisions of subsections (a) and (b) of this section shall not Indians. apply to lease operations on Indian lands pursuant to a lease providing for activities which are exempted under section 7 of this Act. (e) Public lands. Indians. Insurance. Securities. Subsections (a) and (b) of this section $hall not apply to lands held in trust by the United States for the benefit of any Indian tribe or individual with respect to any lease where capital improvements, and operation and maintenance costs are not provided for by Federal financial assistance if the lessee, tribe, or individual has provided insurance or other security for the benefit of the Secretary sufficient to insure against all reasonably forseeable, direct, and consequential damages to the property of the tribe, private persons, and the United States, which may result from the proposed lease.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 99–450, § 13, , 100 Stat. 1135.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s1600j