Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2 Page: 9
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14.8 THIRD PARTY BENEFICIARIES
Except as provided in Sections 2, 5.2.2 and 5.3.2 of the HCP, and without limiting the
applicability of the rights granted to the public pursuant to the provisions of 16 U.S.C.
1540(g), this Agreement shall not create any right or interest in the public, or any
member thereof, as a third party beneficiary hereof. Nor shall this Agreement authorize
anyone not a Party to this Agreement to maintain a suit for personal injuries or property
damages pursuant to the provisions of this Agreement. The duties, obligations, and
responsibilities of the Parties to this Agreement with respect to third parties shall remain
as imposed under existing Federal or State law.
14.9 RELATIONSHIP TO THE ESA AND OTHER AUTHORITIES
The terms of this Agreement shall be governed by and construed in accordance with the
ESA and other applicable laws. In particular, nothing in this Agreement is intended to
limit the authority of the Service to seek penalties or otherwise fulfill its responsibilities
under the ESA. Moreover, nothing in this Agreement is intended to limit or diminish the
legal obligations and responsibilities of the Service as an agency of the Federal
government.
14.10 REFERENCES TO REGULATIONS
Except as specifically provided herein to the contrary, any reference in this Agreement,
the HCP, or the Permit to any regulation or rule of the Service shall be deemed to be a
reference to such regulation or rule in existence at the time an action is taken.
14.11 APPLICABLE LAWS
All activities undertaken pursuant to this Agreement, the HCP, or the Permit must be in
compliance with all applicable State and Federal laws and regulations.9
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U.S. Fish and Wildlife Service. Draft Environmental Impact Statement: Edwards Aquifer Recovery Implementation Program, Habitat Conservation Plan, Final Report, Volume 2, report, June 2012; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth654018/m1/11/: accessed June 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.