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

(a)

Water rights

Nothing in this chapter—

(1)

establishes any express or implied reserved water right in the United States for any purpose;

(2)

October 30, 2020 affects any water right in existence on ;

(3)

preempts or affects any State water law or interstate compact governing water; or

(4)

October 30, 2020 affects any Federal or State law in existence on , regarding water quality or water quantity.

(b)

Authority to acquire water rights or rights to property

section 8212 of this titleOnly 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 .

(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

section 666 of title 43Nothing 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 .

(f)

Department of Commerce authority

16 U.S.C. 1801Nothing 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 ( 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)

33 U.S.C. 1251 the Federal Water Pollution Control Act ( et seq.);

(B)

16 U.S.C. 661 the Fish and Wildlife Coordination Act ( et seq.);

(C)

Public Law 99–662100 Stat. 4082 the Water Resources Development Act of 1986 (; ); or

(D)

any other Federal law or court settlement.

(3)

Clean Water Act

33 U.S.C. 1251Nothing in this chapter affects any provision of the Federal Water Pollution Control Act ( et seq.), including any definition in that Act.

Pub. L. 116–188, title II, § 210Oct. 30, 2020134 Stat. 936 (, , .)

Editorial Notes

References in Text

Pub. L. 94–265Apr. 13, 197690 Stat. 331 section 1801 of this titleThe Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f), is , , , which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

act June 30, 1948, ch. 758 Pub. L. 92–500, § 2Oct. 18, 197286 Stat. 816 section 1251 of Title 33The Federal Water Pollution Control Act, referred to in subsec. (g)(2)(A), (3), is , as amended generally by , , , 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 Short Title note set out under and Tables.

act Mar. 10, 1934, ch. 55 48 Stat. 401 section 661 of this titleThe Fish and Wildlife Coordination Act, referred to in subsec. (g)(2)(B), is , , which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 99–662Nov. 17, 1986100 Stat. 4082 section 1(a) of Pub. L. 99–662 section 2201 of Title 33The Water Resources Development Act of 1986, referred to in subsec. (g)(2)(C), is , , . For complete classification of this Act to the Code, see , set out as a Short Title note under , Navigation and Navigable Waters, and Tables.