§ 1600e. — Exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1600e]
TITLE 43--PUBLIC LANDS
CHAPTER 32B--COLORADO RIVER FLOODWAY
Sec. 1600e. Exceptions
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 the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-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 \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 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 Director of
the Federal Emergency Management Agency, to minimize damage from
future floods or operations of the Floodway established in the
chapter;
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\1\ See References in Text note below.
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(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.
(Pub. L. 99-450, Sec. 7, Oct. 8, 1986, 100 Stat. 1132.)
References in Text
The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4
through 11), referred to in subsec. (e)(3), is Pub. L. 88-578, Sept. 3,
1964, 78 Stat. 897, as amended, which is classified generally to part B
(Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 460l-4 of Title 16 and Tables.
The Disaster Relief Act of 1974, referred to in subsec. (e)(5), is
Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is
classified principally to chapter 68 (Sec. 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, Sec. 301, Oct. 30, 2000, 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.
Transfer of Functions
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 sections 313(1), 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.
Section Referred to in Other Sections
This section is referred to in sections 1600c, 1600d, 1600j, 1600l
of this title.
