Sec. 4012. SAVINGS LANGUAGE
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## SEC. 4012 SAVINGS LANGUAGE **[**[43 U.S.C. 390b note](/us/usc/t43/s390b)**]** ###
(a)In general This subtitle shall not be interpreted or implemented in a manner that— ####
(1)preempts or modifies any obligation of the United States to act in conformance with applicable State law, including applicable State water law; ####
(2)affects or modifies any obligation under the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706), except for the savings provisions for the Stanislaus River predator management program expressly established by section 11(d) and provisions in section 11(g); ####
(3)overrides, modifies, or amends the applicability of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or the application of the smelt and salmonid biological opinions to the operation of the Central Valley Project or the State Water Project; ####
(4)would cause additional adverse effects on listed fish species beyond the range of effects anticipated to occur to the listed fish species for the duration of the applicable biological opinion, using the best scientific and commercial data available; or ####
(5)overrides, modifies, or amends any obligation of the Pacific Fisheries Management Council, required by the Magnuson Stevens Act or the Endangered Species Act of 1973, to manage fisheries off the coast of California, Oregon, or Washington. ###
(b)Successor Biological Opinions ####
(1)In general The Secretaries of the Interior and Commerce shall apply this Act to any successor biological opinions to the smelt or salmonid biological opinions only to the extent that the Secretaries determine is consistent with— #####
(A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), its implementing regulations, and the successor biological opinions; and #####
(B)subsection (a)(4). ####
(2)Limitation Nothing in this Act shall restrict the Secretaries of the Interior and Commerce from completing consultation on successor biological opinions and through those successor biological opinions implementing whatever adjustments in operations or other activities as may be required by the Endangered Species Act of 1973 and its implementing regulations. ###
(c)Severability If any provision of this subtitle, or any application of such provision to any person or circumstance, is held to be inconsistent with any law or the biological opinions, the remainder of this subtitle and the application of this subtitle to any other person or circumstance shall not be affected.
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- Pub. L. 102-575
- 106 Stat. 4706
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