Common use of ESA and FPA Section 18 Responsibilities Not Affected Clause in Contracts

ESA and FPA Section 18 Responsibilities Not Affected. Nothing 13 in this Settlement is intended to nor shall be construed to restrict or affect the continuing 14 responsibilities of FERC or any Party, including FWS under the ESA, including the 15 implementing regulation at 50 C.F.R. § 402.16. Further, notwithstanding any other 16 provision in this Settlement, this Settlement is not intended and shall not be construed to 17 address, affect, or apply to the Secretary of the United States Department of the Interior 18 through the FWS independent authority under FPA Section 18 to prescribe fishways, or 19 other Parties’ rights to dispute such authority. 20

ESA and FPA Section 18 Responsibilities Not Affected. Nothing 13 in this Settlement is intended to nor shall be construed to restrict or affect the continuing 14 responsibilities of FERC or any Party, including FWS under the ESA, including the 15 implementing regulation at 50 C.F.R. § 402.16. Further, notwithstanding any other 16 provision in this Settlement, this Settlement is not intended and shall not be construed to 17 address, affect, or apply to the Secretary of the United States Department of the Interior 18 through the FWS independent authority under FPA Section 18 to prescribe fishways, or 19 other Parties’ rights to dispute such authority. 20.