dreamproit/uscode huggingface dataset:
43 U.S.C. § 1579 (PUBLIC LANDS)
§ 1579. Fish and wildlife habitat; mitigation of losses
Effective October 1, 1979, and to such extent and in such amounts as are provided in advance in appropriate 1 Acts, in order to provide measures determined by the Secretary of the Interior to be appropriated to mitigate loss of fish and wildlife habitat associated with other measures taken under this subchapter:
(a) Appropriation of funds; acquisition and disposal of lands; facilities undertakings; funds restriction for non-Federal facilities
The Secretary is authorized to—
(1) acquire lands by purchase, eminent domain, or exchange;
(2) dispose of land, facilities, and equipment;
(3) construct, operate, maintain, and make replacements of facilities: Provided, however, That no funds will be provided for operation, maintenance, or replacement of non-Federal facilities.
(b) Nonreimbursable costs
All costs authorized by this section are nonreimbursable.
(Pub. L. 93–320, title I, § 110, as added Pub. L. 96–336, § 6, Sept. 4, 1980, 94 Stat. 1064.)
43 U.S.C. § 1580 (PUBLIC LANDS)
§ 1580. Definitions
As used in this subchapter:
(a) Navajo Generating Station means—
(1) the United States entitlement to a portion of the output of power and energy from the Navajo Generating Station, Page, Arizona, pursuant to United States participation in that generating station;
(2) in the event that said United States entitlement is integrated with other generating facilities, then Navajo Generating Station means that amount of power and energy from the integrated system which is attributable to the United States Navajo entitlement;
(3) when the Navajo Generating Station is replaced at the end of its useful life or an alternative resource is established, then Navajo Generating Station means an amount of power and energy equivalent to the present United States entitlement from Navajo, from the replacement resource.
(b) All terms used herein that are defined in the Colorado River Compact shall have the meanings therein defined.
(Pub. L. 93–320, title I, § 111, as added Pub. L. 96–336, § 7, Sept. 4, 1980, 94 Stat. 1065.)
43 U.S.C. § 1591 (PUBLIC LANDS)
§ 1591. Salinity control policy
(a) Implementation by Secretary of the Interior
The Secretary of the Interior shall implement the salinity control policy adopted for the Colorado River in the “Conclusions and Recommendations” published in the Proceedings of the Reconvened Seventh Session of the Conference in the Matter of Pollution of the Interstate Waters of the Colorado River and Its Tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming, held in Denver, Colorado, on April 26–27, 1972, under the authority of section 10 of the Federal Water Pollution Control Act (33 U.S.C. 1160), and approved by the Administrator of the Environmental Protection Agency on June 9, 1972.
(b) Expeditious investigation, planning, and implementation of salinity control program
The Secretary is hereby directed to expedite the investigation, planning, and implementation of the salinity control program generally as described in chapter VI of the Secretary’s report entitled, “Colorado River Water Quality Improvement Program, February 1972”. In determining the relative priority of implementing additional units or new self-contained portions of units authorized by section 1592 of this title, the Secretary or the Secretary of Agriculture, as the case may be, shall give preference to those additional units or new self-contained portions of units which reduce salinity of the Colorado River at the least cost per unit of salinity reduction.
(c) Cooperation with other Federal agencies
In conformity with subsection (a) of this section and the authority of the Environmental Protection Agency under Federal laws, the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture are directed to cooperate and coordinate their activities effectively to carry out the objective of this subchapter.
(Pub. L. 93–320, title II, § 201, June 24, 1974, 88 Stat. 270; Pub. L. 98–569, § 1, Oct. 30, 1984, 98 Stat. 2933.)
heading: References in Text
text: The Federal Water Pollution Control Act, referred to in subsec. (a), which was formerly classified to chapter 23 (§ 1151 et seq.) of Title 33, Navigation and Navigable Waters, was revised generally by Pub. L. 92–500, Oct. 18, 1972, 86 Stat. 816, and is classified generally to chapter 25 (§ 1251 et seq.) of Title 33.
heading: Amendments
text: 1984—Subsec. (b). Pub. L. 98–569 inserted “In determining the relative priority of implementing additional units or new self-contained portions of units authorized by section 1592 of this title, the Secretary or the Secretary of Agriculture, as the case may be, shall give preference to those additional units or new self-contained portions of units which reduce salinity of the Colorado River at the least cost per unit of salinity reduction.”.
heading: Effective Date of 1984 Amendment
text: Pub. L. 98–569, § 6, Oct. 30, 1984, 98 Stat. 2939, provided that: “The amendments made by this Act [amending this section and sections 620d, 1543, 1592, 1593, 1595, and 1598 of this title] shall take effect upon enactment of this Act [Oct. 30, 1984].”
43 U.S.C. § 1594 (PUBLIC LANDS)
§ 1594. Colorado River Basin Salinity Control Ad­visory Council
(a) There is created the Colorado River Basin Salinity Control Advisory Council composed of no more than three members from each State appointed by the Governor of each of the Colorado River Basin States.
(b) The Council shall be advisory only and shall—
(1) act as liaison between both the Secretaries of Interior and Agriculture and the Administrator of the Environmental Protection Agency and the States in accomplishing the purposes of this subchapter;
(2) receive reports from the Secretary on the progress of the salinity control program and review and comment on said reports; and
(3) recommend to both the Secretary and the Administrator of the Environmental Protection Agency appropriate studies of further projects, techniques, or methods for accomplishing the purposes of this subchapter.
(Pub. L. 93–320, title II, § 204, June 24, 1974, 88 Stat. 272.)
heading: Termination of Advisory Councils
text: Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
43 U.S.C. § 1596 (PUBLIC LANDS)
§ 1596. Biennial report to President, Congress, and Advisory Council
Commencing on January 1, 1975, and every two years thereafter, the Secretary shall submit, simultaneously, to the President, the Congress, and the Advisory Council created in section 1594(a) of this title, a report on the Colorado River salinity control program authorized by this subchapter covering the progress of investigations, planning, and construction of salinity control units for the previous fiscal year, the effectiveness of such units, anticipated work needed to be accomplished in the future to meet the objectives of this subchapter, with emphasis on the needs during the five years immediately following the date of each report, and any special problems that may be impeding progress in attaining an effective salinity control program. Said report may be included in the biennial report on the quality of water of the Colorado River Basin prepared by the Secretary pursuant to section 620n of this title, section 615ww of this title, and section 616e of this title.
(Pub. L. 93–320, title II, § 206, June 24, 1974, 88 Stat. 274.)
heading: References in Text
text: Sections 615ww and 616e of this title, referred to in text, were omitted from the Code.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Secretary submit a biennial report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 113 of House Document No. 103–7.
heading: Termination of Advisory Councils
text: Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.
43 U.S.C. § 1599 (PUBLIC LANDS)
§ 1599. Definitions
As used in this subchapter—
(a) all terms that are defined in the Colorado River Compact shall have the meanings therein defined;
(b) “Colorado River Basin States” means the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming.
(Pub. L. 93–320, title II, § 209, June 24, 1974, 88 Stat. 275.)
43 U.S.C. § 1600 (PUBLIC LANDS)
§ 1600. Findings and purposes
(a) Findings
The Congress finds that—
(1) 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;
(2) the maintenance of the Colorado River Floodway established in this chapter is essential to accomplish these multiple purposes;
(3) 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;
(4) certain Federal programs which subsidize or permit development within the Floodway threaten human life, health, property, and natural resources; and
(5) there is a need for coordinated Federal, State, and local action to limit Floodway development.
(b) Purpose
The Congress declares that the purposes of this chapter are to—
(1) establish the Colorado River Floodway, as designated and described further in this chapter, 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
(2) 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.
(Pub. L. 99–450, § 2, Oct. 8, 1986, 100 Stat. 1129.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 99–450, Oct. 8, 1986, 100 Stat. 1129, known as the Colorado River Floodway Protection Act, which enacted this chapter and section 4029 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Short Title
text: Pub. L. 99–450, § 1, Oct. 8, 1986, 100 Stat. 1129, provided that: “This Act [enacting this chapter and section 4029 of Title 42, The Public Health and Welfare] may be cited as the ‘Colorado River Floodway Protection Act’.”
43 U.S.C. § 1600a (PUBLIC LANDS)
§ 1600a. Definitions
(a) The term “Committees” refers to the Committee on Natural Resources of the United States House of Representatives and the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the United States Senate.
(b) The term “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance other than—
(1) general revenue-sharing grants made under section 6702 1 of title 31;
(2) deposit or account insurance for customers of banks, savings and loan associations, credit unions, or similar institutions;
(3) the purchase of mortgages or loans by the Government National Mortgage Association, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation;
(4) assistance for environmental studies, plans, and assessments that are required incident to the issuance of permits or other authorizations under Federal law; and
(5) 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.
Such term also includes flood insurance described in sections 2 4029(a) and (b) of title 42 on and after the dates on which the provisions of those sections 2 become effective.
(c) The term “Secretary” means the Secretary of the Interior.
(d) The term “water district” means any public agency providing water service, including water districts, county water districts, public utility districts, and irrigation districts.
(e) The term “Floodway” means the Colorado River Floodway established in section 1600c of this title.
(Pub. L. 99–450, § 3, Oct. 8, 1986, 100 Stat. 1129; Pub. L. 103–437, § 16(a)(4), Nov. 2, 1994, 108 Stat. 4594.)
heading: References in Text
text: Chapter 67 of title 31, including section 6702, referred to in subsec. (b)(1), was repealed by Pub. L. 99–272, title XIV, § 1400(a)(1), Apr. 7, 1986, 100 Stat. 327. See also Codification note below.
The dates on which the provisions of sections 4029(a) and (b) of title 42 become effective, referred to in subsec. (b), is Oct. 8, 1986, the date of enactment of Pub. L. 99–450 which enacted section 4029(a), (b) of Title 42, The Public Health and Welfare.
heading: Codification
text: In subsec. (b)(1), “section 6702 of title 31” substituted for “section 102 of the State and Local Fiscal Assistance Amendments of 1972 (31 U.S.C. 1221)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the United States House”.
43 U.S.C. § 1600d (PUBLIC LANDS)
§ 1600d. Limitations on Federal expenditures affecting Floodway
(a) Except as provided in section 1600e of this title, no new expenditures or new financial assistance may be made available under authority of any Federal law for any purpose within the Floodway established under section 1600c of this title.
(b) An expenditure or financial assistance made available under authority of Federal law shall, for purposes of this chapter, be a new expenditure or new financial assistance if—
(1) in any case with respect to which specific appropriations are required, no money for construction or purchase purposes was appropriated before October 8, 1986; or
(2) no legally binding commitment for the expenditure or financial assistance was made before October 8, 1986.
(Pub. L. 99–450, § 6, Oct. 8, 1986, 100 Stat. 1132.)
43 U.S.C. § 1600f (PUBLIC LANDS)
§ 1600f. Certification of compliance
The Secretary of the Interior shall, on behalf of each Federal agency concerned, make written certification that each agency has complied with the provisions of this chapter during each fiscal year beginning after September 30, 1985. Such certification shall be submitted on an annual basis to the United States House of Representatives and the United States Senate on or before January 15 of each fiscal year.
(Pub. L. 99–450, § 8, Oct. 8, 1986, 100 Stat. 1134.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to the requirement that the Secretary submit written certifications on an annual basis to the United States House of Representatives and the United States Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 6th item on page 113 of House Document No. 103–7.
43 U.S.C. § 1600h (PUBLIC LANDS)
§ 1600h. Separability
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
(Pub. L. 99–450, § 10, Oct. 8, 1986, 100 Stat. 1134.)
43 U.S.C. § 1600i (PUBLIC LANDS)
§ 1600i. Reports to Congress
Within one year after October 8, 1986, the Secretary shall prepare and submit to the Committees a report regarding the Colorado River Floodway, the task force’s report, and the Secretary’s recommendations with respect to the objectives outlined in section 1600b(b) of this title. In making his report, the Secretary shall analyze the effects of this chapter on the economic development of the Indian tribes whose lands are located within the Floodway.
(Pub. L. 99–450, § 11, Oct. 8, 1986, 100 Stat. 1134.)
43 U.S.C. § 1600j (PUBLIC LANDS)
§ 1600j. Federal leases
(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 October 8, 1986, 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 October 8, 1986, 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.
(Pub. L. 99–450, § 13, Oct. 8, 1986, 100 Stat. 1135.)
43 U.S.C. § 1600k (PUBLIC LANDS)
§ 1600k. Notices and existing laws
(a) Provisions relating to construction work, liability for damage, etc., on Mississippi River; notice to lessees
(1) Nothing in this chapter shall alter or affect in any way the provisions of section 702c of title 33.
(2) The Secretary shall provide notice of the provisions of section 702c of title 33 and this chapter to all existing and prospective lessees of lands leased by the United States and within the Colorado River Floodway.
(b) National Flood Insurance Act and National Flood Insurance Program; continuation
Except as otherwise specifically provided in this chapter, all provisions of the National Flood Insurance Act of 1968, as amended [42 U.S.C. 4001 et seq.], and requirements of the National Flood Insurance Program (“NFIP”) shall continue in full force and effect within areas wholly or partially within the Colorado River Floodway. Any maps or other information required to be prepared by this chapter shall be used to the maximum extent practicable to support implementation of the NFIP.
(c) National Flood Insurance Act provisions relating directly to Floodway; notice to communities affected
The Secretary shall publish notice on three successive occasions in newspapers of general circulation in communities affected by the provisions of section 4029 of title 42.
(Pub. L. 99–450, § 14, Oct. 8, 1986, 100 Stat. 1136.)
heading: References in Text
text: The National Flood Insurance Act of 1968, referred to in subsec. (b), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, as amended, which is classified principally to chapter 50 (§ 4001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of Title 42 and Tables.
43 U.S.C. § 1600l (PUBLIC LANDS)
§ 1600l. Authorization of appropriations
There is authorized to be appropriated to the Department of the Interior $600,000, through the end of fiscal year 1990, in addition to any other funds now available to the Department to discharge its duties to implement sections 1600b to 1600k of this title and section 4029 of title 42: Provided, That by mutual agreement, such funds shall be made available to the Federal Emergency Management Agency to discharge its duties under section 4029 of title 42: Provided further, That the provisions of sections 1600d and 1600e of this title shall not be affected by this section: And Provided further, in addition, Indian tribes may be eligible under Public Law 93–638 [25 U.S.C. 450 et seq.] to contract for studies of Indian lands required under the provisions of this chapter.
(Pub. L. 99–450, § 15, Oct. 8, 1986, 100 Stat. 1136.)
heading: References in Text
text: Public Law 93–638, referred to in text, is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, as amended, known as the Indian Self-Determination and Education Assistance Act, which is classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables.
heading: Transfer of Functions
text: 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.