16 U.S.C. § 8210: Effect of this chapter

Summary

Limits how this chapter can change water and wildlife rules. It does not create any new federal reserved water right, does not change any water right that existed on October 30, 2020, and does not override state water law, interstate compacts, or federal or state laws about water quality or quantity. Only a State, local government, or other non‑Federal entity may buy water rights or property with money from section 8212. States keep their power to manage fish and wildlife, and the Secretary cannot regulate hunting or fishing inside a State. Tribal rights recognized by treaties, agreements with the United States, federal law, executive orders, or court orders stay the same. The Secretary may still join water-rights court cases under section 666 of title 43. The Department of Commerce keeps its Magnuson‑Stevens authority over fish and habitats. Funds under this chapter cannot buy private land without each owner’s written consent, cannot be used for mitigation under listed federal laws or court settlements, and do not change any part or definition of the Clean Water Act.

Title 16, §8210

Conservation, Source: USLM XML via OLRC

(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.

(b)Authority to acquire water rights or rights to property

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 authority

Nothing 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.

(d)Effect on Indian Tribes

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.

(e)Adjudication of water rights

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 authority

Nothing 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 protection

Nothing 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.

(2)Mitigation

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.

(3)Clean Water Act

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.

Notes & Related Subsidiaries

Editorial Notes

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

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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

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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

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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

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note under section 2201 of Title 33, Navigation and Navigable Waters, and Tables.

§8210 Effect of This Chapter

Summary

Title 16, §8210

Notes & Related Subsidiaries

Editorial Notes

References in Text

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