2020 US Code
Title 16 - Conservation
Chapter 101 - National Fish Habitat Conservation Through Partnerships
Sec. 8210 - Effect of this chapter
| 16 U.S.C. § 8210 (2020) |
| §8210. Effect of this chapter |
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(a) Water rights
Nothing in this chapter— (1) establishes any express or implied reserved water right in the United States for any purpose; (2) affects any water right in existence on October 30, 2020; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in existence on October 30, 2020, regarding water quality or water quantity. Only a State, local government, or other non-Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 8212 of this title. (c) State authorityNothing in this chapter— (1) affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including— (1) an agreement between the Indian Tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudication of rights to the use of water pursuant to subsection (a), (b), or (c) of section 666 of title 43. (f) Department of Commerce authorityNothing in this chapter affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (g) Effect on other authorities (1) Private property protectionNothing in this chapter permits the use of funds made available to carry out this chapter to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest, respectively. Nothing in this chapter authorizes the use of funds made available to carry out this chapter for fish and wildlife mitigation purposes under— (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); (C) the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082); or (D) any other Federal law or court settlement. Nothing in this chapter affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act. |
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(Pub. L. 116–188, title II, §210, Oct. 30, 2020, 134 Stat. 936.) |
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REFERENCES IN TEXT
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (g)(2)(A), (3), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (g)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. The Water Resources Development Act of 1986, referred to in subsec. (g)(2)(C), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 99–662, set out as a Short Title note under section 2201 of Title 33, Navigation and Navigable Waters, and Tables. |
| United States Code, 2018 Edition, Supplement 2, Title 16 - CONSERVATION |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 16 - CONSERVATION CHAPTER 101 - NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 8210 - Effect of this chapter |
| section 8210 |
| 2020 |
| January 13, 2021 |
| No |
| standard |
| 48 Stat. 401 86 Stat. 816 90 Stat. 331 100 Stat. 4082 134 Stat. 936 |
| Public Law 92-500, Public Law 94-265, Public Law 99-662, Public Law 116-188 |
