42 U.S.C. § 1962–1: Effect on existing laws

Summary

Says the chapter must not change who has authority or responsibility for water planning, development, or control at the federal or state level. It also must not override interstate agreements or joint state or state‑federal agencies, or limit Congress’ power to authorize and pay for projects. Must not change the duties of federal officials unless needed to prepare or review regional or river‑basin plans or to make and evaluate federal water and related land projects. It does not cancel or alter existing laws that govern federal water agencies or the powers of international bodies such as the International Joint Commission, the Permanent Engineering Board and U.S. operating entities under the Columbia River Basin Treaty (January 17, 1961), or the International Boundary and Water Commission with Mexico. It also does not let any new entity study, plan, or recommend moving water between areas governed by different river basin commissions.

Title 42, §1962–1

The Public Health and Welfare, Source: USLM XML via OLRC

Nothing in this chapter shall be construed—

(a)to expand or diminish either Federal or State jurisdiction, responsibility, or rights in the field of water resources planning, development, or control; nor to displace, supersede, limit or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States, or of two or more States and the Federal Government; nor to limit the authority of Congress to authorize and fund projects;

(b)to change or otherwise affect the authority or responsibility of any Federal official in the discharge of the duties of his office except as required to carry out the provisions of this chapter with respect to the preparation and review of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects;

(c)as superseding, modifying, or repealing existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water and related land resources or to exercise licensing or regulatory functions in relation thereto, except as required to carry out the provisions of this chapter; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board and the United States Operating Entity or Entities established pursuant to the Columbia River Basin Treaty, signed at Washington, January 17, 1961, or the International Boundary and Water Commission, United States and Mexico;

(d)as authorizing any entity established or acting under the provisions hereof to study, plan, or recommend the transfer of waters between areas under the jurisdiction of more than one river basin commission or entity performing the function of a river basin commission.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Joint Commission, United States and Canada, referred to in subsec. (c), was organized in 1911 pursuant to article VII of the treaty of January 11, 1909, with Great Britain, 36 Stat. 2448. Provisions relating to such Commission are contained in section 267b and 268 of Title 22, Foreign Relations and Intercourse.

§1962–1 Effect on Existing Laws

Summary

Title 42, §1962–1

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata