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<br />. <br /> <br />. <br /> <br />. <br /> <br />OfJ223j <br /> <br />CHAPTER IV <br /> <br />DRAFT <br />August 30, 1989 <br /> <br />RECOMMENDATIONS ON THE NECESSITY FOR ADDITIONAL FLOOD WAY <br />MANAGEMENT LEGISLATION AT LOCAL, TRIBAL, STATE, AND FEDERAL <br />LEVELS. <br /> <br />In approving the Colorado River Floodway Protection Act, <br />the Congress envisioned that additional Floodway management <br />legislation may be required to implement and maintain an <br />effective Floodway. Such additional legislation may be <br />necessary with respect to establishing programs and <br />regulations in support of the Floodway, as well as to provide <br />for necessary funding and authorizations to carry out <br />specific actions. <br /> <br />In addition, Section 9 of the Act with respect to <br />priority of laws provided that "No provision of this Act <br />shall be construed to invalidate any provision of State, <br />tribal, or local law unless there is a direct conflict <br />between such provision and the law of the State, or political <br />subdivision of the State or tribe, so that the two cannot be <br />reconciled or consistently stand together. Inconsistencies <br />shall be reviewed by the Task Force, and the Task Force shall <br />make recommendations concerning such local laws." The Task <br />Force, in developing its recommendations on the establishment <br />and maintenance of the Floodway, did not find such <br />inconsistencies in the laws. <br /> <br />ISSUE <br /> <br />The necessity for additional Floodway management <br />legislation at local, tribal, state, and federal levels. <br /> <br />DISCUSSION <br /> <br />The Task Force's recommendations on the need for <br />addi tional Floodway management leg islation, whether at the <br />local, tribal, state, or federal level, are derived from what <br />leg islation would be required to implement the recommenda- <br />tions of the Task Force with respect to establishing and <br />maintaining an effective Floodway, including all assessment <br />studies and required mitigation measures. Each of the <br />recommendations of the Task Force contained in the other <br />chapters of this report were reviewed with respect to <br />legislative needs. These legislative needs were then grouped <br />by category as either local, tribal, state, or federal. The <br />legislative recommendations should be read in concert with <br />the recommendations in the other chapters from which they <br />were derived. <br /> <br />IV-l <br />