USC 661 Fish and Wildlife Coordination Act

Page 1093
Sec.

666d.
666e.
666f.

666g.

667.
667a.
667b.

667c.
667d.
667e.
667f.

667f–1.
667f–2.
667f–3.
667g.

667g–1.

667g–2.

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Repealed.
Availability of grain to prevent waterfowl
depredations; payment of packaging, transporting, handling, and other charges.
Requisition of grain to prevent crop depredation by migratory waterfowl.
Reimbursement of packaging and transporting expenses.
Authorization of appropriations for mitigating losses caused by waterfowl depredation.
Requisition of surplus grain; prevention of
starvation of resident game birds and other
resident wildlife; utilization by State agencies; reimbursement for packaging and
transporting.
Requisition and use of grain for prevention of
starvation of migratory birds; reimbursement for packaging and transporting.
Authorization of appropriations for reimbursement of Commodity Credit Corporation.

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

668b.
668c.
668d.

§ 661

TITLE 16—CONSERVATION

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 Repealed.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. 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.
(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; Pub.
L. 116–9, title VII, § 7001(b)(2)(A), Mar. 12, 2019,
133 Stat. 779.)
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see Short Title note set out below
and Tables.
AMENDMENTS
2019—Pub. L. 116–9 inserted section catchline, designated existing provisions as subsec. (b), inserted
heading, and added subsec. (a).
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 [sections
661 to 666c–1 of this title], and as further amended by
this Act 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 act Mar. 10, 1934 (see
Short Title note above), 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
act Mar. 10, 1934, 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

§ 661

TITLE 16—CONSERVATION

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 Alaska 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 2 of
act Apr. 30, 1946, ch. 242, set out as a note under section
399 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.

Page 1094

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
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.

Page 1095

TITLE 16—CONSERVATION

§ 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 water-resource development projects or
(2) to approve a report on the modification or
supplementation of plans for previously authorized projects, to which this Act applies. 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.

§ 662

(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),