Sec. 602. Rules of construction

638 words·~3 min read·/bill/117/hr/7665/ih/section-602·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Nothing in this Act or the amendments made by this Act— affect any valid existing rights, including the right to maintain and repair facilities used to exercise valid existing rights; or abrogate any existing right, privilege, or contract with respect to— the operation, utility maintenance, modification, or replacement of existing utility lines, including power lines and power line systems, utility infrastructure, and associated utility access infrastructure, including existing roads; the carrying out of permitted and licensed utility activities, or the renewal of permits and licenses; or the ability of any utility to meet the operating requirement of a license in effect on the date of the enactment of this Act or a renewal of such a license issued by the Federal Energy Regulatory Commission or to access its facilities.

In this subsection: The term utility access infrastructure means access roads, trails, rights of way, or other access methods used to locate, construct, operate, maintain, repair, rebuild, upgrade, remove, or patrol utility infrastructure (as defined in section 201(f)). The term utility infrastructure has the meaning given the term in section 201(f). The term utility maintenance — means— routine, non-routine, and emergency inspection, operations and maintenance activities conducted on utility infrastructure and utility access infrastructure; and the routine and emergency management of incompatible vegetation and trees inside and outside the right of way on abutting land that could interfere with the reliability of the powerline according to the utility’s vegetation management program; and includes the use of motorized vehicles, motorized transport, or motorized or mechanized equipment.

Nothing in this Act, or the amendments made by this Act, affects the Bull Run Watershed, or negates any laws, regulations, or provisions pertaining to the Bull Run Watershed, including Public Law 95–200 , as amended, and any closure orders applicable to the Bull Run Watershed Management Unit. Nothing in this Act or the amendments made by this Act, affects the exercise of reserved or outstanding rights provided for by a statute or treaty. Nothing in this Act, or the amendments made by this Act, affects any existing rights of way in effect on the date of the enactment of this Act.

Nothing in this Act, or the amendments made by this Act— affects any valid or vested water right in existence on the date of enactment of this Act; or preempts the ability of the State of Oregon to administer water rights pursuant to State law and regulations. Nothing in this Act, or the amendment made by this Act, affects the installation, operation, maintenance, repair, or replacement of federally administered or State-administered stream gauges or any other similar science-based water quality or quantity measurement apparatus.

Nothing in this Act, or the amendment made by this Act affects the jurisdiction or responsibilities of the State of Oregon with respect to fish and wildlife in the State of Oregon. Nothing in this Act, or the amendments made by this Act, affects the special order closure of The Dalles Watershed, signed by the Supervisor of the Mount Hood National Forest and dated May 20, 1985. Nothing in this Act, or the amendments made by this Act, affects section 401 of the Oregon Resource Conservation Act of 1996 ( Public Law 104–208 ; 110 Stat. 3009–536).

Nothing in this Act modifies any obligation under— the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April, 1994, and published by the Department of the Interior and the Department of Agriculture; or any other law (including regulations), except as expressly provided in this Act.

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