16 USC 661-666c Wildlife Coordination Act

§ 661

TITLE 16—CONSERVATION
CHAPTER 5A—PROTECTION AND
CONSERVATION OF WILDLIFE

SUBCHAPTER I—GAME, FUR-BEARING ANIMALS,
AND FISH
Sec.

661.
662.
663.
664.
665.
665a.
666.
666a.
666b.
666c.
666d.
666e.
666f.

666g.

667.
667a.
667b.

667c.
667d.
667e.

Declaration of purpose; cooperation of agencies; surveys and investigations; donations.
Impounding, diverting, or controlling of waters.
Impoundment or diversion of waters.
Administration; rules and regulations; availability of lands to State agencies.
Investigations as to effect of sewage, industrial wastes; reports.
Maintenance of adequate water levels in
upper Mississippi River.
Authorization of appropriations.
Penalties.
Definitions.
Applicability to Tennessee Valley Authority.
Skagit National Wildlife Refuge; exchange of
lands.
Administration of acquired lands.
Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer of lands to Secretary of the Interior; administration, development, and disposition.
Classification of lands; industrial leases;
moneys subject to section 715s of this title;
administration; jurisdiction of Federal
agencies.
Game management supply depots; appropriations.
Omitted.
Transfer of certain real property for wildlife
conservation
purposes;
reservation
of
rights.
Publication of designating order.
Reports to Congress.
Repealed.

SUBCHAPTER II—PROTECTION OF BALD AND
GOLDEN EAGLES
668.
668a.

668b.
668c.
668d.

Bald and golden eagles.
Taking and using of the bald and golden eagle
for scientific, exhibition, and religious purposes.
Enforcement provisions.
Definitions.
Availability of appropriations for Migratory
Bird Treaty Act.

SUBCHAPTER III—ENDANGERED SPECIES OF
FISH AND WILDLIFE
668aa to 668cc–6. Repealed.
668dd.
National Wildlife Refuge System.
668ee.
Definitions.
668ff to 668ss. Omitted.

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

Page 1050

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.
(Mar. 10, 1934, ch. 55, § 1, 48 Stat. 401; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 563.)
AMENDMENTS
1958—Pub. L. 85–624 inserted provisions which relate
to recognition of the vital contribution of wildlife resources to the Nation, the increasing public interest
and significance thereof, and to equal consideration
and coordination of wildlife conservation with other
water-resources development programs, and which authorize the Secretary to provide public fishing areas,
and to accept donations of lands and contributions of
funds.
1946—Act Aug. 14, 1946, amended section generally in
order to promote more effectual planning and cooperation between Federal, State, public, and private agencies for the conservation and rehabilitation of wildlife.
SHORT TITLE
Pub. L. 85–624, § 1, Aug. 12, 1958, 72 Stat. 563, provided:
‘‘That the Act of March 10, 1934, as amended, and as further amended by this Act [sections 661 to 666c of this
title] may be cited as the ‘Fish and Wildlife Coordination Act’.’’
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with wildlife consultation in sections 661 to 666c of this
title and such functions of Secretary or other official in
Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with sections 661 to 666c of
this title with respect to pre-construction, construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska
Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural
Gas Transportation System, see Reorg. Plan No. 1 of
1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alas-

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TITLE 16—CONSERVATION

ka Natural Gas Transportation Projects by section
720d(f) of Title 15.
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5.
Functions, appropriations, records, and property of
Secretary of the Interior and Fish and Wildlife Service
of Department of the Interior which affect or relate to
breeding, raising, producing, marketing, or any other
phase of production or distribution of domestically
raised fur-bearing animals, or the products thereof
transferred to Secretary of Agriculture by section 434
of Title 7, Agriculture.
Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232, set out in the Appendix to Title 5,
Government Organization and Employees, consolidated
Bureau of Fisheries and Bureau of Biological Survey
with their respective functions into one agency in Department of the Interior to be known as the Fish and
Wildlife Service, and abolished the office of Commissioner and Deputy Commissioner of Fisheries and
transferred their functions to the consolidated agency.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce, and its functions, to Department of the
Interior; transferred functions of Secretary of Commerce relating to protection of fur seals and other furbearing animals to Secretary of the Interior; and transferred functions of Secretary of Agriculture relating to
conservation of wildlife, game, and migratory birds to
Secretary of the Interior.
APPROPRIATIONS
Pub. L. 85–624, § 4, Aug. 12, 1958, 72 Stat. 568, provided
that: ‘‘There is authorized to be appropriated and expended such funds as may be necessary to carry out the
purposes of this Act [amending this section and sections 662 to 664 of this title and enacting section 1008 of
this title].’’
STUDY OF SOFT- AND HARD-SHELL CLAMS
Act May 26, 1948, ch. 348, 62 Stat. 274, directed the
Fish and Wildlife Service to undertake, in cooperation
with appropriate State and interstate agencies in accordance with the provisions of the Act of August 14,
1946 (60 Stat. 1080), comprehensive studies of the softshell clam, Mya arenaria, and the hard-shell clam,
Venus mercenaria, with particular respect to the biology, propagation, and methods of cultivation of such
clams, required the Service to recommend appropriate
measures for (1) arresting depletion in existing productive beds; (2) restoring to production beds formerly productive but now barren or unusable; (3) developing new
areas which may be found suitable; (4) improving methods and techniques of digging, transplanting, and handling; and (5) otherwise increasing production and improving the quality of such clams for the benefit of
both producers and consumers, and authorized for the
five-year period beginning July 1, 1948, the sum of
$250,000 to carry out the studies of the soft-shell clam
and the sum of $250,000 to carry out the studies of the
hard-shell clam.
EX. ORD. NO. 13443. FACILITATION OF HUNTING HERITAGE
AND WILDLIFE CONSERVATION
Ex. Ord. No. 13443, Aug. 16, 2007, 72 F.R. 46537, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. The purpose of this order is to direct Federal agencies that have programs and activities that have a measurable effect on public land management, outdoor recreation, and wildlife management,
including the Department of the Interior and the Department of Agriculture, to facilitate the expansion

§ 662

and enhancement of hunting opportunities and the
management of game species and their habitat.
SEC. 2. Federal Activities. Federal agencies shall, consistent with agency missions:
(a) Evaluate the effect of agency actions on trends in
hunting participation and, where appropriate to address declining trends, implement actions that expand
and enhance hunting opportunities for the public;
(b) Consider the economic and recreational values of
hunting in agency actions, as appropriate;
(c) Manage wildlife and wildlife habitats on public
lands in a manner that expands and enhances hunting
opportunities, including through the use of hunting in
wildlife management planning;
(d) Work collaboratively with State governments to
manage and conserve game species and their habitats
in a manner that respects private property rights and
State management authority over wildlife resources;
(e) Establish short and long term goals, in cooperation with State and tribal governments, and consistent
with agency missions, to foster healthy and productive
populations of game species and appropriate opportunities for the public to hunt those species;
(f) Ensure that agency plans and actions consider programs and recommendations of comprehensive planning efforts such as State Wildlife Action Plans, the
North American Waterfowl Management Plan, and
other range-wide management plans for big game and
upland game birds;
(g) Seek the advice of State and tribal fish and wildlife agencies, and, as appropriate, consult with the
Sporting Conservation Council and other organizations,
with respect to the foregoing Federal activities.
SEC. 3. North American Wildlife Policy Conference. The
Chairman of the Council on Environmental Quality
(Chairman) shall, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council and in cooperation with State
and tribal fish and wildlife agencies and the public,
convene not later than 1 year after the date of this
order, and periodically thereafter at such times as the
Chairman deems appropriate, a White House Conference on North American Wildlife Policy (Conference)
to facilitate the exchange of information and advice relating to the means for achieving the goals of this
order.
SEC. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The Chairman shall prepare, consistent
with applicable law and subject to the availability of
appropriations, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council, and in cooperation with State
and tribal fish and wildlife agencies, not later than 1
year following the conclusion of the Conference, a comprehensive Recreational Hunting and Wildlife Conservation Plan that incorporates existing and ongoing
activities and sets forth a 10-year agenda for fulfilling
the actions identified in section 2 of this order.
SEC. 5. Judicial Review. This order is not intended to,
and does not, create any right, benefit, trust responsibility, or privilege, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other
person.
GEORGE W. BUSH.

§ 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

§ 662

TITLE 16—CONSERVATION

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 water-resource 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 conserva-

Page 1052

tion 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 Coordina-

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§ 663

TITLE 16—CONSERVATION

tion 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.
(Mar. 10, 1934, ch. 55, § 2, 48 Stat. 401; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 564; Pub.
L. 89–72, § 6(b), July 9, 1965, 79 Stat. 216.)
REFERENCES IN TEXT
The date of enactment of the Fish and Wildlife Coordination Act, referred to in subsecs. (c) and (g), probably refers to the date of enactment of Pub. L. 85–624,
Aug. 12, 1958. See, also, Short Title note set out under
section 661 of this title.
AMENDMENTS
1965—Subsec. (d). Pub. L. 89–72 added cl. (2) to proviso, redesignated cls. (2) and (3) thereof as (3) and (4),
struck out ‘‘nor the construction of such facilities beyond those herein described’’ after ‘‘wildlife facilities’’
and struck out a second proviso which applied to
projects constructed under Federal reclamation laws
and required the Secretary of the Interior, in addition
to allocations made under section 485h of Title 43, to
make findings on part of estimated cost of the project
which can properly be allocated to means and measures
to prevent loss and damage to wildlife resources, which
costs shall not be reimbursable, and provided for allocation of project costs to development and improvement of wildlife resources, now covered by sections
460l–12 to 460l–21 of this title.
1958—Pub. L. 85–624 amended section generally to require consultations with a view to the conservation of
resources by providing for the development and improvement thereof in connection with water-resource
development, to provide for inclusion of reports and
recommendations of the Secretary of the Interior and
of the heads of State agencies in reports prepared or
submitted by agencies responsible for engineering surveys and construction of projects when such reports are
presented to the Congress or to any agency or person
having the authority or the power to authorize the construction of water-resource development projects or to
approve a report on the modification or supplementation of plans for previously authorized projects,
to authorize modification of projects and acquisition of
lands, and to require an estimation of benefits or losses
to wildlife to be incorporated in the reports submitted
to the Congress.
1946—Act Aug. 14, 1946, amended section generally to
provide for consultations between any agencies and the
Fish and Wildlife Service and head of State agency exercising administration over State wildlife resources
prior to the impounding of water in order to prevent
loss and damage to wildlife resources. Former provisions of this section are covered by section 665 of this
title.

TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 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

§ 664

TITLE 16—CONSERVATION

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.
(Mar. 10, 1934, ch. 55, § 3, 48 Stat. 401; 1940 Reorg.
Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 566.)
REFERENCES IN TEXT
Act of March 1, 1911, referred to in text, is act Mar.
1, 1911, ch. 186, 36 Stat. 961, popularly known as the
Weeks Law, which is classified to sections 480, 500, 513
to 519, 521, 552, and 563 of this title. For complete classification of this Act to the Code, see Short Title note
set out under section 552 of this title and Tables.
AMENDMENTS
1958—Subsec. (a). Pub. L. 85–624 designated first sentence of existing provisions as subsec. (a), and, among
other changes, inserted ‘‘Subject to the exceptions prescribed in section 662(h) of this title’’ before ‘‘whenever
the waters’’, substituted ‘‘diverted, the channel deepened, or the stream or other body of water otherwise
controlled or modified for any purpose whatever, including navigation and drainage’’ for ‘‘diverted, or
otherwise controlled for any purpose whatever’’, and
inserted provisions requiring adequate provision to be
made for the development and improvement of wildlife
resources pursuant to the provisions of section 662 of
this title.
Subsec. (b). Pub. L. 85–624 designated second sentence
of existing provisions as subsec. (b), included the use of
land for wildlife conservation purpose, and provided
that nothing in this section shall be construed as effecting 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.
Subsecs. (c) to (f). Pub. L. 85–624 added subsecs. (c) to
(f).

Page 1054

1946—Act Aug. 14, 1946, amended section generally to
provide for conservation and maintenance of wildlife
resources upon impounding of waters, and to provide
for free use of waters under certain conditions.
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 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.
(Mar. 10, 1934, ch. 55, § 4, 48 Stat. 402; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff.
June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14,
1946, ch. 965, 60 Stat. 1080; Pub. L. 85–624, § 2, Aug.
12, 1958, 72 Stat. 567.)
AMENDMENTS
1958—Pub. L. 85–624 permitted lands having value to
the National Bird Management Program to be made
available directly to the State agency having control
over wildlife resources.
1946—Act Aug. 14, 1946, amended section generally to
provide for administration of wildlife areas, and for the
promulgation of rules and regulations.
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 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,

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§ 666e

TITLE 16—CONSERVATION

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.
(Mar. 10, 1934, ch. 55, § 5, 48 Stat. 402; 1940 Reorg.
Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)
AMENDMENTS
1946—Act Aug. 14, 1946, amended section generally to
provide for investigations as to the effect of sewage and
industrial waste on wildlife.
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of Title 30,
Mineral Lands and Mining. For provisions relating to
closure and transfer of functions of the United States
Bureau of Mines, see Transfer of Functions note set out
under section 1 of Title 30.
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 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.
(Mar. 10, 1934, ch. 55, § 5A, as added June 19, 1948,
ch. 528, 62 Stat. 497.)
§ 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.
(Mar. 10, 1934, ch. 55, § 6, 48 Stat. 402; Aug. 14,
1946, ch. 965, 60 Stat. 1080.)
AMENDMENTS
1946—Act Aug. 14, 1946, amended section generally to
provide for the necessary appropriations to carry out
the purposes of sections 661 to 666c of this title.

§ 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.
(Mar. 10, 1934, ch. 55, § 7, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1080.)
§ 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.
(Mar. 10, 1934, ch. 55, § 8, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1080.)
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 10, 1934,
ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 661 of this title and Tables.

§ 666c. Applicability to Tennessee Valley Authority
The provisions of sections 661 to 666c of this
title shall not apply to the Tennessee Valley Authority.
(Mar. 10, 1934, ch. 55, § 9, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1080.)
§ 666d. Skagit National Wildlife Refuge; exchange
of lands
The Secretary of the Interior is authorized, in
his discretion, at any time within ten years
from October 6, 1949, to accept from the State of
Washington on behalf of the United States title
to any lands in the State of Washington which
he deems chiefly valuable for wildlife refuge
purposes, and which are equivalent in value to
the lands of the United States within the Skagit
National Wildlife Refuge, and in exchange therefor to convey by deed on behalf of the United
States to the State of Washington the said lands
of the United States in the Skagit National
Wildlife Refuge.
(Oct. 6, 1949, ch. 619, § 1, 63 Stat. 708.)
§ 666e. Administration of acquired lands
Any lands acquired by the Secretary of the Interior under the terms of this section and section 666d of this title, if located within or adja-

§ 666f

TITLE 16—CONSERVATION

cent to an existing wildlife refuge or reservation, immediately shall become a part of such
refuge or reservation and shall be administered
under the laws and regulations applicable thereto, and, if not so located, may be administered
as a migratory-waterfowl management area, refuge, reservation, or breeding ground in accordance with the provisions of sections 661 to 666c
of this title, and Acts supplementary thereto.
(Oct. 6, 1949, ch. 619, § 2, 63 Stat. 708.)
§ 666f. Wildlife conservation and agricultural, industrial, recreational, and related uses for
certain Federal lands; transfer of lands to
Secretary of the Interior; administration, development, and disposition
In order to promote the orderly development
and use of the lands and interests therein acquired by the United States in connection with
the Crab Orchard Creek project and the Illinois
Ordnance Plant in Williamson, Jackson, and
Union Counties, Illinois, consistent with the
needs of agriculture, industry, recreation, and
wildlife conservation, all of the interests of the
United States in and to such lands are hereby
transferred to the Secretary of the Interior for
administration, development, and disposition, in
accordance with the provisions of this section
and section 666g of this title.
(Aug. 5, 1947, ch. 489, § 1, 61 Stat. 770.)
§ 666g. Classification of lands; industrial leases;
moneys subject to section 715s of this title;
administration; jurisdiction of Federal agencies
All of the lands transferred to the Secretary of
the Interior, pursuant to the provisions of section 666f of this title and this section, first shall
be classified by him with a view to determining,
in cooperation with Federal, State, and public
or private agencies and organizations, the most
beneficial use that may be made thereof to carry
out the purposes of section 666f of this title and
this section, including the development of wildlife conservation, agricultural, recreational, industrial, and related purposes. Such lands as
have been or may hereafter be determined to be
chiefly valuable for industrial purposes shall be
leased for such purposes at such time and under
such terms and conditions as the Secretary of
the Interior shall prescribe. All moneys received
or collected in connection with such leases shall
be subject to the provisions of section 715s of
this title. Except to the extent otherwise provided in section 666f of this title and this section, all lands herein transferred shall be administered by the Secretary of the Interior through
the Fish and Wildlife Service in accordance with
the provisions of sections 661 to 666c of this title,
and Acts supplementary thereto and amendatory thereof for the conservation of wildlife,
and for the development of the agricultural, recreational, industrial, and related purposes specified in section 666f of this title and this section:
Provided, That no jurisdiction shall be exercised
by the Secretary of the Interior over that portion of such lands and the improvements thereon which are now utilized by the Department of
the Army directly or indirectly until such time

Page 1056

as it is determined by the Secretary of the Army
that utilization of such portions of such lands
and the improvements thereon directly or indirectly by the Department of the Army is no
longer required: Provided further, That, subsequent to the determination referred to in the
preceding proviso, the lands and improvements
mentioned therein shall be administered by the
Secretary of the Interior, and any lease or other
disposition thereof shall be made subject to such
terms, conditions, restrictions, and reservations
imposed by the Secretary of the Army as will, in
the opinion of the Secretary of the Army, be
adequate to assure the continued availability
for war production purposes of such lands and
improvements.
(Aug. 5, 1947, ch. 489, § 2, 61 Stat. 770; July 26,
1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L.
95–616, § 8, Nov. 8, 1978, 92 Stat. 3114.)
REFERENCES IN TEXT
Section 715s of this title, referred to in text, was in
the original ‘‘the Act of June 15, 1935, as amended (49
Stat. 383; 16 U.S.C. 715s)’’.
AMENDMENTS
1978—Pub. L. 95–616 substituted in second sentence
‘‘terms and conditions as the Secretary of the Interior
shall prescribe’’ for ‘‘terms and conditions as are consistent with the general purposes of section 2 of the
Surplus Property Act of 1944, as amended, and with the
purposes of section 666f of this title and this section’’
and made moneys received or collected in connection
with the leases to be subject to section 715s of this
title.
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

§ 667. Game management supply depots; appropriations
Appropriations made for the administration,
protection, maintenance, control, improvements, and development of wildlife sanctuaries,
reservations, and refuges under the control of
the Secretary of the Interior shall be available
for the purchase, transportation, and handling
of supplies and materials for distribution at cost
from game management supply depots maintained by the Department of the Interior to
projects specially provided for, and transfers between the appropriations for said purposes are
authorized in order that the cost of supplies and
materials, and transportation and handling
thereof, drawn from central warehouses so
maintained may be charged to the particular
project benefited; and such supplies and materials as remain in said depots at the end of any
fiscal year shall be continuously available for issuance during subsequent fiscal years and to be
charged for by such transfers of funds between
said appropriations for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided,

Page 1057

§ 667e

TITLE 16—CONSERVATION

That supplies and materials shall not be purchased solely for the purpose of increasing the
value of storehouse stock beyond reasonable requirements for any current fiscal year.
(June 24, 1936, ch. 764, 49 Stat. 1913; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433.)
CODIFICATION
Former first sentence provided for establishment of a
game management supply depot and laboratory at Pocatello, Idaho.
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 667a. Omitted
CODIFICATION
Section, act June 8, 1940, ch. 295, §§ 1–4, 54 Stat. 261,
authorized compacts or agreements between or among
the States bordering on the Atlantic Ocean with respect to fishing in the territorial waters and bays and
inlets of the Atlantic Ocean on which such States border.
Act May 4, 1942, ch. 283, §§ 1–4, 56 Stat. 267, granted the
consent and approval of Congress to an interstate compact relating to the better utilization of the fisheries
(marine, shell, and anadromous) of the Atlantic seaboard and creating the Atlantic States Marine Fisheries Commission.
Act Aug. 19, 1950, ch. 763, §§ 1–4, 64 Stat. 467, granted
the consent and approval of Congress to an amendment
to the Atlantic States Marine Fisheries Compact and
repealed limitation on the life of such compact.

§ 667b. Transfer of certain real property for wildlife conservation purposes; reservation of
rights
Upon request, real property which is under the
jurisdiction or control of a Federal agency and
no longer required by such agency, (1) can be
utilized for wildlife conservation purposes by
the agency of the State exercising administration over the wildlife resources of the State
wherein the real property lies or by the Secretary of the Interior; and (2) is valuable for use
for any such purpose, and which, in the determination of the Administrator of General Services, is available for such use may, notwithstanding any other provisions of law, be transferred without reimbursement or transfer of
funds (with or without improvements as determined by said Administrator) by the Federal
agency having jurisdiction or control of the
property to (a) such State agency if the management thereof for the conservation of wildlife relates to other than migratory birds, or (b) to the
Secretary of the Interior if the real property has
particular value in carrying out the national
migratory bird management program. Any such
transfer to other than the United States shall be
subject to the reservation by the United States
of all oil, gas, and mineral rights, and to the
condition that the property shall continue to be
used for wildlife conservation or other of the
above-stated purposes and in the event it is no
longer used for such purposes or in the event it
is needed for national defense purposes title
thereto shall revert to the United States.
(May 19, 1948, ch. 310, § 1, 62 Stat. 240; June 30,
1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L.
92–432, Sept. 26, 1972, 86 Stat. 723.)

AMENDMENTS
1972—Cl. (2). Pub. L. 92–432 struck out ‘‘chiefly’’ before ‘‘valuable for use’’.
TRANSFER OF FUNCTIONS
Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949.
Transfer of functions effective July 1, 1949, see section
605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat.
403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.

§ 667c. Publication of designating order
Whenever any real property is transferred pursuant to sections 667b to 667d of this title, the
Administrator of General Services shall make
and have published in the Federal Register an
appropriate order, which may be revised from
time to time in like manner, designating for
which of the purposes specified in section 667b of
this title the property so transferred shall be
used.
(May 19, 1948, ch. 310, § 2, 62 Stat. 241; June 30,
1949, ch. 288, title I, § 105, 63 Stat. 381.)
TRANSFER OF FUNCTIONS
Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949.
Transfer of functions effective July 1, 1949, see section
605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat.
403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.

§ 667d. Reports to Congress
A statement of the acreage and value of such
property as may have been transferred pursuant
to sections 667b to 667d of this title during the
preceding fiscal year shall be annually prepared
by the Administrator of General Services.
(May 19, 1948, ch. 310, § 3, 62 Stat. 241; June 30,
1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L.
104–66, title II, § 2091(b), Dec. 21, 1995, 109 Stat.
730.)
AMENDMENTS
1995—Pub. L. 104–66 struck out before period at end
‘‘and shall be included in the annual budget transmitted to the Congress’’.
TRANSFER OF FUNCTIONS
Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949.
Transfer of functions effective July 1, 1949, see section
605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat.
403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.

§ 667e. Repealed. Pub. L. 97–79, § 9(b)(2), Nov. 16,
1981, 95 Stat. 1079
Section, act May 25, 1900, ch. 553, § 5, 31 Stat. 188, provided that the dead bodies of game animals or game or

§ 668

TITLE 16—CONSERVATION

song birds be subject to the laws of the State into
which they are transported. See section 3378(a) of this
title.

SUBCHAPTER II—PROTECTION OF BALD
AND GOLDEN EAGLES
§ 668. Bald and golden eagles
(a) Prohibited acts; criminal penalties
Whoever, within the United States or any
place subject to the jurisdiction thereof, without being permitted to do so as provided in this
subchapter, shall knowingly, or with wanton
disregard for the consequences of his act take,
possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at
any time or in any manner any bald eagle commonly known as the American eagle or any
golden eagle, alive or dead, or any part, nest, or
egg thereof of the foregoing eagles, or whoever
violates any permit or regulation issued pursuant to this subchapter, shall be fined not more
than $5,000 or imprisoned not more than one
year or both: Provided, That in the case of a second or subsequent conviction for a violation of
this section committed after October 23, 1972,
such person shall be fined not more than $10,000
or imprisoned not more than two years, or both:
Provided further, That the commission of each
taking or other act prohibited by this section
with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but
not to exceed $2,500, shall be paid to the person
or persons giving information which leads to
conviction: Provided further, That nothing herein
shall be construed to prohibit possession or
transportation of any bald eagle, alive or dead,
or any part, nest, or egg thereof, lawfully taken
prior to June 8, 1940, and that nothing herein
shall be construed to prohibit possession or
transportation of any golden eagle, alive or
dead, or any part, nest, or egg thereof, lawfully
taken prior to the addition to this subchapter of
the provisions relating to preservation of the
golden eagle.
(b) Civil penalties
Whoever, within the United States or any
place subject to the jurisdiction thereof, without being permitted to do so as provided in this
subchapter, shall take, possess, sell, purchase,
barter, offer to sell, purchase or barter, transport, export or import, at any time or in any
manner, any bald eagle, commonly known as the
American eagle, or any golden eagle, alive or
dead, or any part, nest, or egg thereof of the
foregoing eagles, or whoever violates any permit
or regulation issued pursuant to this subchapter, may be assessed a civil penalty by the
Secretary of not more than $5,000 for each such
violation. Each violation shall be a separate offense. No penalty shall be assessed unless such
person is given notice and opportunity for a
hearing with respect to such violation. In determining the amount of the penalty, the gravity
of the violation, and the demonstrated good
faith of the person charged shall be considered
by the Secretary. For good cause shown, the
Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty as-

Page 1058

sessed under this section, the Secretary may request the Attorney General to institute a civil
action in a district court of the United States
for any district in which such person is found or
resides or transacts business to collect the penalty and such court shall have jurisdiction to
hear and decide any such action. In hearing any
such action, the court must sustain the Secretary’s action if supported by substantial evidence.
(c) Cancellation of grazing agreements
The head of any Federal agency who has issued a lease, license, permit, or other agreement
authorizing the grazing of domestic livestock on
Federal lands to any person who is convicted of
a violation of this subchapter or of any permit
or regulation issued hereunder may immediately
cancel each such lease, license, permit, or other
agreement. The United States shall not be liable
for the payment of any compensation, reimbursement, or damages in connection with the
cancellation of any lease, license, permit, or
other agreement pursuant to this section.
(June 8, 1940, ch. 278, § 1, 54 Stat. 250; Pub. L.
86–70, § 14, June 25, 1959, 73 Stat. 143; Pub. L.
87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–535,
§ 1, Oct. 23, 1972, 86 Stat. 1064.)
REFERENCES IN TEXT
Prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred to in subsec. (a), means prior to Oct. 24, 1962, the
date such provisions were enacted by Pub. L. 87–884 as
an amendment of this section and section 668a of this
title.
AMENDMENTS
1972—Pub. L. 92–535 designated existing provisions as
subsec. (a), substituted ‘‘shall knowingly, or with wanton disregard for the consequences of his act take’’ for
‘‘shall take’’, increased fine and imprisonment terms
from $500 or six months to $5,000 or one year, and inserted provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than
two years, that each taking constitute a separate offense, and that informers be rewarded one-half of the
fine not exceeding $2,500, and added subsecs. (b) and (c).
1962—Pub. L. 87–884 extended prohibitions against the
enumerated acts to the golden eagle and changed proviso by substituting ‘‘bald eagle’’, ‘‘June 8, 1940’’ and
‘‘and that nothing in said sections shall be construed to
prohibit possession or transportation of any golden
eagle, alive or dead, or any part, nest, or egg thereof,
lawfully taken prior to the addition to said sections of
the provisions relating to preservation of the golden
eagle’’ for ‘‘such eagle,’’ ‘‘the effective date of said sections’’ and ‘‘but the proof of such taking shall lie upon
the accused in any prosecution under said sections’’, respectively.
1959—Pub. L. 86–70 struck out ‘‘except the Territory
of Alaska,’’ after ‘‘subject to the jurisdiction thereof,’’.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with this subchapter with respect to pre-construction,
construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector
for Alaska Natural Gas Transportation System, until
first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix