|
<br />r
<br />
<br />,-
<br />
<br />2
<br />
<br />(1) establish the Colorado River Floodway, as designated an~ ~e~ribed fur-
<br />th 'n this Act so as to provide benefits to river users and to mmImIze the loss
<br />of hu1man life protect health and safety, and minimize ~amage ~ proper~y I and
<br />natural resou'rces by restricting future Federal expenditures an fin~ncla as-
<br />sistance. except public health funds. which have the effect of encouragmg devel-
<br />opment within the Colorado RIver Floodway; and . Co
<br />(2) establish a Task Force to advise the Secretary of t~e Inte~l~r and the n-
<br />ress on establishment of the Floodway and on managm~ eXlstlt~g and future
<br />~evelopment within the Floodw8r. including ~he approprIateness of compensa-
<br />tion in specified cases of extraordmary hardship.
<br />
<br />DEFINITIONS
<br />S 3 ( ) The term "Committees" refers to the Committee o~ Interior and Insu-
<br />lar ~iTairsa of the U.S. House of Representatives and the ComInlttee o.n Energy and
<br />Natural Resources of the U.S. Senate. t .
<br />(b) The term "financial assistance" means any form of lC?an, gra~t, ,?uaran y, lni
<br />surance, payment, rebate, subsidy, or any other form of direct. or mdlrect Federa
<br />assistance other than- . 02 f h Stat d
<br />(1) general revenue-sharing grants made under section lot e e an
<br />Local Fiscal Assistance Amendments of 1972 (31 U,S,C. 1221);.
<br />(2) deposit or account insurance for customers of banks, savmgs and loan ass0-
<br />ciation credit unions, or similar institutions; .
<br />(3) the purchase of mortgages or loans by the Go~er~ment N 8t1Onal Mortgage
<br />Association, the Federal. National Mortgage AssOCiation, or the Federal Home
<br />Loan Mortgage Corporation;
<br />(4) assistance for environmental studies, plans, and ~ess!'1ents that are re-
<br />quired incident to the issuance of permits or other authOrIzatIOns under Federal
<br />
<br />la(~) a~istance pursuant to programs entirely unrelated to development, such
<br />as any Federal or federally assisted public assistance program or any Federal
<br />old-age, survivors, or disability insurance program.
<br />Such term also includes flood insurance described in sections 1322(a) and (b) of the
<br />National Flood Insurance Act of 1968, as amended (42 U,S,C: 4028) on and aner the
<br />dates on which the provisions of those sections become ef!ect.lve.
<br />(c) The term "Secretary" means the Secretary of the Intenor. . . .
<br />(d) The term "water district" means ~y public ag~ncy .l?roVl~m~ water ~rv.lce:
<br />including water districts, county water dlBtncts, publIc utility dIstriCts. and lfflga
<br />tion districts, . lood tabl' hed' Sec
<br />(e) The term "Floodway" means the Colorado RIVer F way es IS In .
<br />tion 5 of this Act.
<br />
<br />N
<br />00
<br />ni)
<br />.-<
<br />=
<br />=
<br />
<br />COLORADO RIVER FLOODWAY TASK FORCE
<br />SEC. 4. (a) To advise the Secretary and the Congress th~re shall be a Colorado
<br />River Floodway Task Force, which shall include representad~lves of- . . h. h
<br />(1) each State (appointed by the Governor) and In Ian reservatIon In W iC
<br />the floodway is located; .
<br />(2) each county in which the floodway IS located; .. h h flood
<br />(3) one law enforcement representative from each county In whlc t e -
<br />way is located; and .
<br />(4) each water district in which the floodway 18 located; . r
<br />(5) the cities of Needles, Parker, Blythe, Bullhead CI~Y, Yuma, ~ughD.n,
<br />Nevada (if and when incorported), and M?jave County, Arizona SupervIsor IS-
<br />trict No 2 (chosen by the Board of SUpervISOrs); .
<br />(6) on'e representative of the Chamber of Commerce from each county 10
<br />which the floodway is located;
<br />(7) the Army Corps of Engineers;
<br />(8) the Federal Emergency Management Agency (FEMA);
<br />(9) the Department of Agriculture;
<br />(l0) the Department of the Interior; and
<br />(11) the Department of State, . . f th Fed
<br />(b) The task force shall be chartered and o~rate under the prOVISions 0 e -
<br />eral Adviso Committee Act (P.L. 92-463; 5 U .S.C. App. ~) and shall prepare recom-
<br />mendations ~onceming the Colorado River Floodway, whIch recommendatlons shall
<br />deal with: ., ood 'fied' Sect' 5 of
<br />(1) the means to restoce and malntam the fl way Specll 10 Ion
<br />this Act, including, but not limited to, specific instances where land transfers or
<br />
<br />i'
<br />
<br />r
<br />
<br />~
<br />
<br />---
<br />
<br />3
<br />
<br />relocations, or other changes in land management, might best effect the pur-
<br />poses of this Act; and
<br />(2) the necessity for additional floodway management legislation at local,
<br />State, and Federal levels;
<br />(3) the development of specific design criteria for the creation of the floodway
<br />boundaries;
<br />(4) the review of mapping procedures for floodway boundaries; and
<br />(5) whether compensation should be recommended in specific cases of extraor-
<br />dinary hardship resulting from impacts of the 1983 flood on property outside
<br />the Floodway which could not reasonably have been foreseen.
<br />(c) The Task Force shall exist for at least one year after the date of enactment of
<br />this Act, or until such time as the Secretary has filed with the Committees the
<br />maps described in subsection 5(bX2). The Task Force shall file its report with the
<br />Secretary and the Committees within nine months after the date of enactment of
<br />this Act.
<br />
<br />COLORADO RIVER FLOODW A Y
<br />SEC. 5. (a) There is established the Colorado River Floodway as identified and gen-
<br />erally depicted on maps that are to be submitted by the Secretary.
<br />(bXl) Within eighteen months after the date of enactment of this Act, the Secre-
<br />tary, in consultation with the seven Colorado River Basin States, represented by
<br />persons designated by the Governors of those States (including, in the Governor's
<br />discretion', members of the Colorado River Floodway Task Force), and any other in-
<br />terested parties shall:
<br />(i) complete a study of the tributary floodflows downstream of Davis Dam;
<br />(ii) define the specific boundaries of the Colorado River Floodway so that the
<br />Floodway can accommodate either a one-in..one hundred year river flow consist-
<br />ing of controlled releases and tributary inflow, or a flow of forty thousand cubic
<br />feet per second (cfs), whichever is greater, from below Davis Dam to the South-
<br />erly International Boundary between the United States of America and the Re-
<br />public of Mexico.
<br />(2) As soon as practicable after the determination of the floodway boundary pursu-
<br />ant to this subsection, the Secretary_ shall prepare and file with the Committees
<br />!naps depicting the Colorado River Floodway, and each such map shall be consid-
<br />ered a standard map to be adhered to by all agencies and shall have the same force
<br />and effect as if included in this Act, except that correction of clerical and typo-
<br />graphical errors in each such map may be made. Each such map shall be on file and
<br />available for public inspection in the Office of the Commissioner of the Bureau of
<br />Reclamation, Department of the Interior, and in other appropriate offices of the De-
<br />partment.
<br />(3) The Secretary shall provide copies of the Colorado River Floodway maps to (AJ
<br />the chief executive officer of each State, county, municipality, water district, Indian
<br />tribe, or equivalent Jurisdiction in which the flood way is located, (B) each appropri-
<br />ate Federal agency, Including agencies which regulate Federal financial institutions,
<br />and (C) each federally insured financial institution which serves the geographic area
<br />as one of its primary markets.
<br />(cX!) The Secretary shall conduct, at least once every five years, a review of the
<br />Q:tlorado River FJoodway and make, after notice to and in consultation with the ap-
<br />propriate officers referred to in paragraph (3) of subsection (b), and others, such
<br />toinor and technical modifications to the boundaries of the Floodway as are neces-
<br />sary solely to reflect changes that have occurred in the size or location of any por-
<br />tion of the floodplain as a result of natural forces, and as necessary pursuant to sub-
<br />section (c) of section (7) of this Act.
<br />(2) If, in the case of any minor and technical modification to the boundaries of the
<br />Floodway made under the authority of this subsection, an appropriate chief execu-
<br />tive officer of a State, county, municipality, water district, Indian tribe, or equiva-
<br />lent jurisdiction, to which notice was given in accordance with this subsection files
<br />comments disagreeing with all or part of the modification and the Secretary makes
<br />a modification which is in conflict with such comments, the Secretary shall submit
<br />to the chief executive officer a written justification for his failure to make modifica-
<br />tions consistent with such,comments or proposals.
<br />
<br />UMITATIONS ON FEDERAL EXPENDITURES AFPECTING THE FLOQDWAY
<br />SEC. 6. (a) Except as' provided in section 7, no new expenditures or new financial
<br />assistance may be made available under authority of any Federal law for any pur-
<br />pose within the floodway established under section 5 of this Act.
<br />
|