WSPC01371

• File Number: 8200.300.20 C
• Description: Colorado River Basin - Legislation-Law - Federal - Colorado River Floodway Protection Act
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 8/30/1989
• Title: Report of Colorado River Floodway Task Force
• Water Supply Pro - Doc Type: Report/Study

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002254

CHAPTER VIII

DRl\.FT
August 30, 1989

RECOMMENDATIONS ON THE POTENTIAL APPLICATION OF THE FLOOD WAY
ON INDIAN LANDS AND RECOMMENDED LBGISLATION OR REGULATIONS
THAT MIGHT BE NEEDED TO ACHIEVE THE PURPOSES OF THE FLOODWAY
TAKING INTO CONSIDERATION THE SPECIAL FEDERAL STATUS OF
INDIAN LANDS.

The Congress, in approving the Colorado River Floodway
Protection Act, and in its reports to accompany the Act,
provided certain specific directions with respect to Indian
lands within the Floodway. Indian lands have a special
federal status since they are held in trust by the United
States, and the Congress was concerned about the potential
impacts that the Floodway may have upon tribal self
determination and the economic development of the five Indian
tribes impacted by the Act. Accordingly and as directed by
Section 11 of the Act, "the Secretary shall analyze the
effects of this Act on the economic development of the Indian
tribes whose lands are located within the Floodway" in making
his/her report to the Congress regarding the Floodway and the
Task Force's report and recommendations. Section 9 of the
Act, in discussing priority of laws, states that "This Act
shall in no way be interpreted to interfere with a State's or
tribe's right to protect, rehabilitate, preserve, and restore
lands within its established boundary." In addition, as set
forth in Section 9 of the Act, the Act shall, relative to the
priority of laws, in no way adversely affect the water rights
of any of the tribes whose lands are impacted by the
Floodway. The federal government is required by law to
protect the water rights and other natural resources of the
tribes.

With respect to lease operations on Indian lands, such
leases for activities in the Floodway, for which federal
expenditures and financial assistance remain available as
provided in Section 7 of the Act, are not subject to the
Secretary of the Interior's determinations relative to
consistency with the operation and maintenance of the
Floodway. The Secretary's determination provisions of
Section 13 are also not applicable to Indian 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 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

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