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Code · BILL · 113th Congress · S. 2080 (Introduced in Senate) — To conserve fish and aquatic communities in the United States through partnerships that foster fish habitat conservat... · Sec. 12

Sec. 12. Effect of Act

423 words·~2 min read·/bill/113/s/2080/is/section-12

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Nothing in this Act— establishes any express or implied reserved water right in the United States for any purpose; affects any water right in existence on the date of enactment of this Act; preempts or affects any State water law or interstate compact governing water; or affects any Federal or State law in existence on the date of enactment of this Act regarding water quality or water quantity. In carrying out section 6(d)(2), only a State, local government, or other non-Federal entity may acquire, in accordance with applicable State law, water rights or rights to property pursuant to a fish habitat conservation projected funded under this Act.
Nothing in this Act— 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 authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. Nothing in this Act abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian tribe recognized by treaty or any other means, including— an agreement between the Indian tribe and the United States;
Federal law (including regulations); an Executive order; or a judicial decree. Nothing in this Act 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 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ). Nothing in this Act 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.). Nothing in this Act permits the use of funds made available to carry out this Act to acquire real property or a real property interest without the written consent of each owner of the real property or real property interest. Nothing in this Act permits the use of funds made available to carry out this Act for fish and wildlife mitigation purposes under— the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ); the Water Resources Development Act of 1986 ( Public Law 99–662 ; 100 Stat. 4082); or any other Federal law or court settlement. Nothing in this Act affects or alters 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. 99-662
  • 100 Stat. 4082
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Sec. 12
Effect of Act
Pub. L.Pub. L. 99-662
Stat.100 Stat. 4082
Cites 6Cited by 0 across 0 sources
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