Fish and Wildlife Coordination Act 16 USC 661-667E

FISH AND WILDLIFE COORDINATION ACT
(16 USC 661-666c)

U.S.C. TITLE 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

§ 661. Declaration of purpose; cooperation of agencies; surveys and
investigations; donations
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 sections 661 to 666c of this title 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 said sections; (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 said sections.
§ 662. Impounding, diverting, or controlling of waters
(a) Consultations between agencies
Except as hereafter stated in subsection (h) of this section, whenever the waters of
any stream or other body of water are proposed or authorized to be impounded,
diverted, the channel deepened, or the stream or other body of water otherwise
controlled or modified for any purpose whatever, including navigation and drainage,
by any department or agency of the United States, or by any public or private
agency under Federal permit or license, such department or agency first shall
consult with the United States Fish and Wildlife Service, Department of the Interior,
and with the head of the agency exercising administration over the wildlife resources
of the particular State wherein the impoundment, diversion, or other control facility is
to be constructed, with a view to the conservation of wildlife resources by preventing

loss of and damage to such resources as well as providing for the development and
improvement thereof in connection with such water-resource development.
(b) Reports and recommendations; consideration
In furtherance of such purposes, the reports and recommendations of the Secretary
of the Interior on the wildlife aspects of such projects, and any report of the head of
the State agency exercising administration over the wildlife resources of the State,
based on surveys and investigations conducted by the United States Fish and
Wildlife Service and such State agency for the purpose of determining the possible
damage to wildlife resources and for the purpose of determining means and
measures that should be adopted to prevent the loss of or damage to such wildlife
resources, as well as to provide concurrently for the development and improvement
of such resources, shall be made an integral part of any report prepared or
submitted by any agency of the Federal Government responsible for engineering
surveys and construction of such projects when such reports are presented to the
Congress or to any agency or person having the authority or the power, by
administrative action or otherwise, (1) to authorize the construction of waterresource development projects or (2) to approve a report on the modification or
supplementation of plans for previously authorized projects, to which sections 661 to
666c of this title apply. Recommendations of the Secretary of the Interior shall be as
specific as is practicable with respect to features recommended for wildlife
conservation and development, lands to be utilized or acquired for such purposes,
the results expected, and shall describe the damage to wildlife attributable to the
project and the measures proposed for mitigating or compensating for these
damages. The reporting officers in project reports of the Federal agencies shall give
full consideration to the report and recommendations of the Secretary of the Interior
and to any report of the State agency on the wildlife aspects of such projects, and
the project plan shall include such justifiable means and measures for wildlife
purposes as the reporting agency finds should be adopted to obtain maximum
overall project benefits.
(c) Modification of projects; acquisition of lands
Federal agencies authorized to construct or operate water-control projects are
authorized to modify or add to the structures and operations of such projects, the
construction of which has not been substantially completed on the date of enactment
of the Fish and Wildlife Coordination Act, and to acquire lands in accordance with
section 663 of this title, in order to accommodate the means and measures for such
conservation of wildlife resources as an integral part of such projects: Provided, That
for projects authorized by a specific Act of Congress before the date of enactment of
the Fish and Wildlife Coordination Act (1) such modification or land acquisition shall
be compatible with the purposes for which the project was authorized; (2) the cost of
such modifications or land acquisition, as means and measures to prevent loss of
and damage to wildlife resources to the extent justifiable, shall be an integral part of
the cost of such projects; and (3) the cost of such modifications or land acquisition

for the development or improvement of wildlife resources may be included to the
extent justifiable, and an appropriate share of the cost of any project may be
allocated for this purpose with a finding as to the part of such allocated cost, if any,
to be reimbursed by non-Federal interests.
(d) Project costs
The cost of planning for and the construction or installation and maintenance of such
means and measures adopted to carry out the conservation purposes of this section
shall constitute an integral part of the cost of such projects: Provided, That such cost
attributable to the development and improvement of wildlife shall not extend beyond
that necessary for (1) land acquisition, (2) facilities as specifically recommended in
water resource project reports, (3) modification of the project, and (4) modification of
project operations, but shall not include the operation of wildlife facilities.
(e) Transfer of funds
In the case of construction by a Federal agency, that agency is authorized to transfer
to the United States Fish and Wildlife Service, out of appropriations or other funds
made available for investigations, engineering, or construction, such funds as may
be necessary to conduct all or part of the investigations required to carry out the
purposes of this section.
(f) Estimation of wildlife benefits or losses
In addition to other requirements, there shall be included in any report submitted to
Congress supporting a recommendation for authorization of any new project for the
control or use of water as described herein (including any new division of such
project or new supplemental works on such project) an estimation of the wildlife
benefits or losses to be derived therefrom including benefits to be derived from
measures recommended specifically for the development and improvement of
wildlife resources, the cost of providing wildlife benefits (including the cost of
additional facilities to be installed or lands to be acquired specifically for that
particular phase of wildlife conservation relating to the development and
improvement of wildlife), the part of the cost of joint-use facilities allocated to wildlife,
and the part of such costs, if any, to be reimbursed by non-Federal interests.
(g) Applicability to projects
The provisions of this section shall be applicable with respect to any project for the
control or use of water as prescribed herein, or any unit of such project authorized
before or after the date of enactment of the Fish and Wildlife Coordination Act for
planning or construction, but shall not be applicable to any project or unit thereof
authorized before the date of enactment of the Fish and Wildlife Coordination Act if
the construction of the particular project or unit thereof has been substantially
completed. A project or unit thereof shall be considered to be substantially

completed when sixty percent or more of the estimated construction cost has been
obligated for expenditure.
(h) Exempt projects and activities
The provisions of section 661 to 666c of this title shall not be applicable to those
projects for the impoundment of water where the maximum surface area of such
impoundments is less than ten acres, nor to activities for or in connection with
programs primarily for land management and use carried out by Federal agencies
with respect to Federal lands under their jurisdiction.
§ 663. Impoundment or diversion of waters
(a) Conservation, maintenance, and management of wildlife resources; development
and improvement
Subject to the exceptions prescribed in section 662(h) of this title, whenever the
waters of any stream or other body of water are impounded, diverted, the channel
deepened, or the stream or other body of water otherwise controlled or modified for
any purpose whatever, including navigation and drainage, by any department or
agency of the United States, adequate provision, consistent with the primary
purposes of such impoundment, diversion, or other control, shall be made for the
use thereof, together with any areas of land, water, or interests therein, acquired or
administered by a Federal agency in connection therewith, for the conservation,
maintenance, and management of wildlife resources thereof, and its habitat thereon,
including the development and improvement of such wildlife resources pursuant to
the provisions of section 662 of this title.
(b) Use and availability of waters, land, or interests therein
The use of such waters, land, or interests therein for wildlife conservation purposes
shall be in accordance with general plans approved jointly (1) by the head of the
particular department or agency exercising primary administration in each instance,
(2) by the Secretary of the Interior, and (3) by the head of the agency exercising the
administration of the wildlife resources of the particular State wherein the waters and
areas lie. Such waters and other interests shall be made available, without cost for
administration, by such State agency, if the management of the properties relate to
the conservation of wildlife other than migratory birds, or by the Secretary of the
Interior, for administration in such manner as he may deem advisable, where the
particular properties have value in carrying out the national migratory bird
management program: Provided, That nothing in this section shall be construed as
affecting the authority of the Secretary of Agriculture to cooperate with the States or
in making lands available to the States with respect to the management of wildlife
and wildlife habitat on lands administered by him.

(c) Acquisition of land, waters, and interests therein; report to Congress
When consistent with the purposes of sections 661 to 666c of this title and the
reports and findings of the Secretary of the Interior prepared in accordance with
section 662 of this title, land, waters, and interests therein may be acquired by
Federal construction agencies for the wildlife conservation and development
purposes of sections 661 to 666c of this title in connection with a project as
reasonably needed to preserve and assure for the public benefit the wildlife
potentials of the particular project area: Provided, That before properties are
acquired for this purpose, the probable extent of such acquisition shall be set forth,
along with other data necessary for project authorization, in a report submitted to the
Congress, or in the case of a project previously authorized, no such properties shall
be acquired unless specifically authorized by Congress, if specific authority for such
acquisition is recommended by the construction agency.
(d) Use of acquired properties
Properties acquired for the purposes of this section shall continue to be used for
such purposes, and shall not become the subject of exchange or other transactions
if such exchange or other transaction would defeat the initial purpose of their
acquisition.
(e) Availability of Federal lands acquired or withdrawn for Federal water-resource
purposes
Federal lands acquired or withdrawn for Federal water-resource purposes and made
available to the States or to the Secretary of the Interior for wildlife management
purposes, shall be made available for such purposes in accordance with sections
661 to 666c of this title, notwithstanding other provisions of law.
(f) National forest lands
Any lands acquired pursuant to this section by any Federal agency within the
exterior boundaries of a national forest shall, upon acquisition, be added to and
become national forest lands, and shall be administered as a part of the forest within
which they are situated, subject to all laws applicable to lands acquired under the
provisions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired
to carry out the National Migratory Bird Management Program.
§ 664. Administration; rules and regulations; availability of lands to State
agencies
Such areas as are made available to the Secretary of the Interior for the purposes of
sections 661 to 666c of this title, pursuant to sections 661 and 663 of this title or
pursuant to any other authorization, shall be administered by him directly or in

accordance with cooperative agreements entered into pursuant to the provisions of
section 661 of this title and in accordance with such rules and regulations for the
conservation, maintenance, and management of wildlife, resources thereof, and its
habitat thereon, as may be adopted by the Secretary in accordance with general plans
approved jointly by the Secretary of the Interior and the head of the department or
agency exercising primary administration of such areas: Provided, That such rules and
regulations shall not be inconsistent with the laws for the protection of fish and game of
the States in which such area is situated: Provided, further, That lands having value to
the National Migratory Bird Management Program may, pursuant to general plans, be
made available without cost directly to the State agency having control over wildlife
resources, if it is jointly determined by the Secretary of the Interior and such State
agency that this would be in the public interest: And provided further, That the Secretary
of the Interior shall have the right to assume the management and administration of
such lands in behalf of the National Migratory Bird Management Program if the
Secretary finds that the State agency has withdrawn from or otherwise relinquished
such management and administration.
§ 665. Investigations as to effect of sewage, industrial wastes; reports
The Secretary of the Interior, through the Fish and Wildlife Service and the United
States Bureau of Mines, is authorized to make such investigations as he deems
necessary to determine the effects of domestic sewage, mine, petroleum, and industrial
wastes, erosion silt, and other polluting substances on wildlife, and to make reports to
the Congress concerning such investigations and of recommendations for alleviating
dangerous and undesirable effects of such pollution. These investigations shall include
(1) the determination of standards of water quality for the maintenance of wildlife; (2) the
study of methods of abating and preventing pollution, including methods for the
recovery of useful or marketable products and byproducts of wastes; and (3) the
collation and distribution of data on the progress and results of such investigations for
the use of Federal, State, municipal, and private agencies, individuals, organizations, or
enterprises.
§ 665a. Maintenance of adequate water levels in upper Mississippi River
In the management of existing facilities (including locks, dams, and pools) in the
Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota,
administered by the United States Corps of Engineers of the Department of the Army,
that Department is directed to give full consideration and recognition to the needs of fish
and other wildlife resources and their habitat dependent on such waters, without
increasing additional liability to the Government, and, to the maximum extent possible
without causing damage to levee and drainage districts, adjacent railroads and
highways, farm lands, and dam structures, shall generally operate and maintain pool
levels as though navigation was carried on throughout the year.

§ 666. Authorization of appropriations
There is hereby authorized to be appropriated from time to time, out of any money in the
Treasury not otherwise appropriated, such amounts as may be necessary to carry out
the provisions of sections 661 to 666c of this title and regulations made pursuant
thereto, including the construction of such facilities, buildings, and other improvements
necessary for economical administration of areas made available to the Secretary of the
Interior under said sections, and the employment in the city of Washington and
elsewhere of such persons and means as the Secretary of the Interior may deem
necessary for such purposes.

§ 666a. Penalties
Any person who shall violate any rule or regulation promulgated in accordance with
sections 661 to 666c of this title shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $500 or imprisoned for not more than one year, or
both.

§ 666b. Definitions
The terms "wildlife" and "wildlife resources" as used herein include birds, fishes,
mammals, and all other classes of wild animals and all types of aquatic and land
vegetation upon which wildlife is dependent.
§ 666c. Applicability to Tennessee Valley Authority
The provisions of sections 661 to 666c of this title shall not apply to the Tennessee
Valley Authority.