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U.S. Code as of:
01/19/04
Section 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;
(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.
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