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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 16, Chapter 101, § 8210; chapter-101-national-fish-habitat-conservation-through-partnerships.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8212&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section666&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.); (B) the Fish and Wildlife Coordination Act ([16 U.S.C. 661](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section661&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1251&num=0&edition=prelim) et seq.), including any definition in that Act.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1251 — Congressional declaration of goals and policy

**(a) Restoration and maintenance of chemical, physical and biological integrity of Nation’s waters; national goals for achievement of objective** The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983; (3) it is the national policy that the discharge of toxic pollutants in toxic amounts be prohibited; (4) it is the national policy that Federal financial assistance be provided to construct publicly owned waste treatment works; (5) it is the national policy that areawide waste treatment management planning processes be developed and implemented to assure adequate control of sources of pollutants in each State; (6) it is the national policy that a major research and demonstration effort be made to develop technology necessary to eliminate the discharge of pollutants into the navigable waters, waters of the contiguous zone, and the oceans; and (7) it is the national policy that programs for the control of nonpoint sources of pollution be developed and implemented in an expeditious manner so as to enable the goals of this chapter to be met through the control of both point and nonpoint sources of pollution. **(b) Congressional recognition, preservation, and protection of primary responsibilities and rights of States** It is the policy

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33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8212 — Funding

**(a) Authorization of appropriations** (1) **Fish habitat Partnerships and conservation projects** — There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under [section 8204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8204&num=0&edition=prelim) and fish habitat conservation projects approved under [section 8205(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8205/f&num=0&edition=prelim), of which 5 percent is authorized only for projects carried out by Indian Tribes. (2) **Administrative and planning expenses** — There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)— (A) for administrative and planning expenses under this chapter; and (B) to carry out [section 8209 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8209&num=0&edition=prelim). (3) **Technical and scientific assistance** — There is authorized to be appropriated for each of fiscal years 2021 through 2030 to carry out, and provide technical and scientific assistance under, [section 8206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8206&num=0&edition=prelim)— (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Administrator for use by the National Oceanic and Atmospheric Administration; (C) $400,000 to the Environmental Protection Agency Assistant Ad

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1801 — Findings, purposes and policy

**(a) Findings** The Congress finds and declares the following: (1) The fish off the coasts of the United States, the highly migratory species of the high seas, the species which dwell on or in the Continental Shelf appertaining to the United States, and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, economy, and health of the Nation and provide recreational opportunities. (2) Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of (A) increased fishing pressure, (B) the inadequacy of fishery resource conservation and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. (3) Commercial and recreational fishing constitutes a major source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and their economies have been badly damaged by the overfishing of fishery resources at an ever-increasing rate over the past decade. The activities of massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing gear of United States fishermen. (4) International fishery agreements have not been effective in preventing or terminating the overfishing of these valuable fishery resources. There is danger that irreversible effects from overfishing will take place before an effectiv

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 666 — Suits for adjudication of water rights

**(a) Joinder of United States as defendant; costs** Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances: Provided, That no judgment for costs shall be entered against the United States in any such suit. **(b) Service of summons** Summons or other process in any such suit shall be served upon the Attorney General or his designated representative. **(c) Joinder in suits involving use of interstate streams by State** Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream.

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16 U.S.C. § 661 — Short title; authorization

**(a) Short title** This Act may be cited as the “Fish and Wildlife Coordination Act”. **(b) Authorization** For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of this Act; (2) to make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or controlled by any agency of the United States; and (3) to accept donations of land and contributions of funds in furtherance of the purposes of this Act.

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16 U.S.C. § 1801 — Findings, purposes and policy

Page 1991 TITLE 16—CONSERVATION § 1801 Sec. 1826k. Equivalent conservation measures. 1827. Observer program regarding certain foreign fishing. 1827a. Prohibition on sale of billfish. 1828. Foreign fishing incursions. 1829. International monitoring and compliance. SUBCHAPTER IV—NATIONAL FISHERY MANAGEMENT PROGRAM 1851. National standards for fishery conservation and management. 1852. Regional Fishery Management Councils. 1853. Contents of fishery management plans. 1853a. Limited access privilege programs. 1854. Action by Secretary. 1855. Other requirements and authority. 1856. State jurisdiction. 1857. Prohibited acts. 1858. Civil penalties and permit sanctions. 1859. Criminal offenses. 1860. Civil forfeitures. 1861. Enforcement. 1861a. Transition to sustainable fisheries. 1861b. Fisheries enforcement plans and reporting. 1862. North Pacific fisheries conservation. 1863. Northwest Atlantic Ocean Fisheries Reinvest- ment Program. 1864. Repealed. 1865. Bycatch reduction engineering program. 1866. Shark feeding. 1867. Cooperative research and management pro- gram. 1868. Herring study. 1869. Restoration study. SUBCHAPTER V—FISHERY MONITORING AND RESEARCH 1881. Registration and information management. 1881a. Information collection. 1881b. Observers. 1881c. Fisheries research. 1881d. Incidental harvest research. 1882. Fisheries systems research. 1883. Gulf of Mexico red snapper research. 1884. Deep sea coral research and technology pro- gram. 1885. Seafood import monitoring program. 1885a. Report on Seafood Import Monitoring Pro- gram. SUBCHAPTER VI—MISCELLANEOUS 1891. Investment in United States seafood proc- essing facilities. 1891a. Community-based restoration program for fishery and coast

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 661 — Short title; authorization

Page 1152 TITLE 16—CONSERVATION § 661 Sec. 666e. Administration of acquired lands. 666f. Wildlife conservation and agricultural, indus- trial, recreational, and related uses for cer- tain Federal lands; transfer of lands to Sec- retary of the Interior; administration, de- velopment, and disposition. 666g. Classification of lands; industrial leases; moneys subject to section 715s of this title; administration; jurisdiction of Federal agencies. 667. Game management supply depots; appropria- tions. 667a. Omitted. 667b. Transfer of certain real property for wildlife conservation purposes; reservation of rights. 667c. Publication of designating order. 667d. Reports to Congress. 667e. Repealed. 667f. Availability of grain to prevent waterfowl depredations; payment of packaging, trans- porting, handling, and other charges. 667f–1. Requisition of grain to prevent crop depreda- tion by migratory waterfowl. 667f–2. Reimbursement of packaging and trans- porting expenses. 667f–3. Authorization of appropriations for miti- gating losses caused by waterfowl depreda- tion. 667g. Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agen- cies; reimbursement for packaging and transporting. 667g–1. Requisition and use of grain for prevention of starvation of migratory birds; reimburse- ment for packaging and transporting. 667g–2. Authorization of appropriations for reim- bursement of Commodity Credit Corpora- tion. 667h. Chronic Wasting Disease Task Force. 667i. Chronic wasting disease research and man- agement program. SUBCHAPTER II—PROTECTION OF BALD AND GOLDEN EAGLES 668. Bald and golden eagles. 668a. Taking and using of the bald and golden eagle for sci

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8210 — Untitled legal text

Page 2731 TITLE 16—CONSERVATION § 8203 (E) 1 shall be a representative of the Asso- ciation of Fish and Wildlife Agencies; (F) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, South- east, Midwest, and Western regions of the United States; (G) 2 shall be representatives of Indian Tribes, of whom— (i) 1 shall be a representative of Indian Tribes in the State of Alaska; and (ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska; (H) 2 shall be representatives of— (i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or (ii) the Marine Fisheries Commissions; (I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council; (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing indus- try; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) 1 shall be a representative of a na- tional private landowner organization; (L) 1 shall be a representative of an agri- cultural production organization; (M) 1 shall be a representative of local gov- ernment interests involved in fish habitat restoration; (N) 2 shall be representatives from dif- ferent sectors of corporate industries, which may include— (i) natural resource commodity inter- ests, such as petroleum or mineral extrac- tion; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) 1 shall be an individual in a lead

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1251 — Congressional declaration of goals and

Page 350 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1251 Sec. 1320. International pollution abatement. 1321. Oil and hazardous substance liability. 1321a. Prevention of small oil spills. 1321b. Improved coordination with tribal govern- ments. 1321c. International efforts on enforcement. 1322. Marine sanitation devices; discharges inci- dental to the normal operation of vessels. 1323. Federal facilities pollution control. 1324. Clean lakes. 1325. National Study Commission. 1326. Thermal discharges. 1327. Omitted. 1328. Aquaculture. 1329. Nonpoint source management programs. 1330. National estuary program. SUBCHAPTER IV—PERMITS AND LICENSES 1341. Certification. 1342. National pollutant discharge elimination sys- tem. 1343. Ocean discharge criteria. 1344. Permits for dredged or fill material. 1345. Disposal or use of sewage sludge. 1346. Coastal recreation water quality monitoring and notification. SUBCHAPTER V—GENERAL PROVISIONS 1361. Administration. 1362. Definitions. 1363. Water Pollution Control Advisory Board. 1364. Emergency powers. 1365. Citizen suits. 1366. Appearance. 1367. Employee protection. 1368. Federal procurement. 1369. Administrative procedure and judicial review. 1370. State authority. 1371. Authority under other laws and regulations. 1372. Labor standards. 1373. Public health agency coordination. 1374. Effluent Standards and Water Quality Infor- mation Advisory Committee. 1375. Reports to Congress; detailed estimates and comprehensive study on costs; State esti- mates. 1375a. Report on coastal recreation waters. 1376. Authorization of appropriations. 1377. Indian tribes. 1377a. Green infrastructure promotion. SUBCHAPTER VI—STATE WATER POLLUTION CONTROL REVOLVING FUNDS 13

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