Fish and Wildlife Coordination Act (16 U.S.C. 661–667e)

16 USC 661-667e as of 01242020.pdf

Urban Bird Treaty Program Requirements

Fish and Wildlife Coordination Act (16 U.S.C. 661–667e)

OMB: 1018-0183

Document [pdf]
Download: pdf | pdf
9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

16 U.S.C. 
United States Code, 2019 Edition
Title 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH
From the U.S. Government Publishing Office, www.gpo.gov

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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

1/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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 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 fur-bearing 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 soft-shell 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 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;
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

2/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

(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 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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

3/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

4/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

The provisions of this Act 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
This Act, referred to in subsecs. (b) and (h), 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 section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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, which was approved Aug. 12, 1958, and which amended sections 1 to 4 of the
Act generally and enacted the Short Title. See 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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

5/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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 this Act 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 this Act 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 this Act, 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. 1081; Pub. L. 85–624, §2, Aug. 12, 1958, 72 Stat. 566.)
References in Text
This Act, referred to in subsecs. (c) and (e), 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 section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
Act of March 1, 1911, referred to in subsec. (f), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks
Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended
sections 480 and 500 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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

6/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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).
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 this Act, 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. 1081; Pub. L. 85–624, §2, Aug. 12, 1958, 72 Stat. 567.)
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
section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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, 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.
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

7/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

(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. 1081; 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 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 this Act 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 this Act, 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. 1081.)
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
section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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 this Act 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. 1082.)
References in Text

https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

8/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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
section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

§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. 1082.)
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–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set
out under section 661 of this title, and Tables.

§666c. Applicability to Tennessee Valley Authority
The provisions of this Act shall not apply to the Tennessee Valley Authority.
(Mar. 10, 1934, ch. 55, §9, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
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
section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

§666c–1. Protection of water, oceans, coasts, and wildlife from invasive species
(a) Definitions
In this section:
(1) Control
The term "control", with respect to an invasive species, means the eradication, suppression, or reduction of
the population of the invasive species within the area in which the invasive species is present.
(2) Ecosystem
The term "ecosystem" means the complex of a community of organisms and the environment of the
organisms.
(3) Eligible State
The term "eligible State" means any of— 1
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(4) Invasive species
(A) In general
The term "invasive species" means an alien species, the introduction of which causes, or is likely to
cause, economic or environmental harm or harm to human health.
(B) Associated definition
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

9/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

For purposes of subparagraph (A), the term "alien species", with respect to a particular ecosystem, means
any species (including the seeds, eggs, spores, or other biological material of the species that are capable of
propagating the species) that is not native to the affected ecosystem.
(5) Manage; management
The terms "manage" and "management", with respect to an invasive species, mean the active
implementation of any activity—
(A) to reduce or stop the spread of the invasive species; and
(B) to inhibit further infestations of the invasive species, the spread of the invasive species, or harm
caused by the invasive species, including investigations regarding methods for early detection and rapid
response, prevention, control, or management of the invasive species.
(6) Prevent
The term "prevent", with respect to an invasive species, means—
(A) to hinder the introduction of the invasive species onto land or water; or
(B) to impede the spread of the invasive species within land or water by inspecting, intercepting, or
confiscating invasive species threats prior to the establishment of the invasive species onto land or water of
an eligible State.
(7) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary of the Army, with respect to Federal land administered by the Corps of Engineers;
(B) the Secretary of the Interior, with respect to Federal land administered by the Secretary of the Interior
through—
(i) the United States Fish and Wildlife Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with respect to Federal land administered by the Secretary of
Agriculture through the Forest Service; and
(D) the head or a representative of any other Federal agency the duties of whom require planning relating
to, and the treatment of, invasive species for the purpose of protecting water and wildlife on land and coasts
and in oceans and water.
(8) Species
The term "species" means a group of organisms, all of which—
(A) have a high degree of genetic similarity;
(B) are morphologically distinct;
(C) generally—
(i) interbreed at maturity only among themselves; and
(ii) produce fertile offspring; and
(D) show persistent differences from members of allied groups of organisms.
(b) Control and management
Each Secretary concerned shall plan and carry out activities on land directly managed by the Secretary
concerned to protect water and wildlife by controlling and managing invasive species—
(1) to inhibit or reduce the populations of invasive species; and
(2) to effectuate restoration or reclamation efforts.
(c) Strategic plan
(1) In general
Each Secretary concerned shall develop a strategic plan for the implementation of the invasive species
program to achieve, to the maximum extent practicable, a substantive annual net reduction of invasive species
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

10/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

populations or infested acreage on land or water managed by the Secretary concerned.
(2) Coordination
Each strategic plan under paragraph (1) shall be developed—
(A) in coordination with affected—
(i) eligible States; and
(ii) political subdivisions of eligible States;
(B) in consultation with federally recognized Indian tribes; and
(C) in accordance with the priorities established by 1 or more Governors of the eligible States in which
an ecosystem affected by an invasive species is located.
(3) Factors for consideration
In developing a strategic plan under this subsection, the Secretary concerned shall take into consideration
the economic and ecological costs of action or inaction, as applicable.
(d) Cost-effective methods
In selecting a method to be used to control or manage an invasive species as part of a specific control or
management project conducted as part of a strategic plan developed under subsection (c), the Secretary
concerned shall prioritize the use of methods that—
(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on
sound scientific data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in the most cost-effective manner.
(e) Comparative economic assessment
To achieve compliance with subsection (d), the Secretary concerned shall require a comparative economic
assessment of invasive species control and management methods to be conducted.
(f) Expedited action
(1) In general
The Secretaries concerned shall use all tools and flexibilities available (as of March 12, 2019) to expedite
the projects and activities described in paragraph (2).
(2) Description of projects and activities
A project or activity referred to in paragraph (1) is a project or activity—
(A) to protect water or wildlife from an invasive species that, as determined by the Secretary concerned
is, or will be, carried out on land or water that is—
(i) directly managed by the Secretary concerned; and
(ii) located in an area that is—
(I) at high risk for the introduction, establishment, or spread of invasive species; and
(II) determined by the Secretary concerned to require immediate action to address the risk identified
in subclause (I); and
(B) carried out in accordance with applicable agency procedures, including any applicable—
(i) land or resource management plan; or
(ii) land use plan.
(g) Allocation of funding
Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for
programs that address or include protection of land or water from an invasive species, the Secretary concerned
shall use not less than 75 percent for on-the-ground control and management of invasive species, which may
include—
(1) the purchase of necessary products, equipment, or services to conduct that control and management;
(2) the use of integrated pest management options, including options that use pesticides authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

11/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

(3) the use of biological control agents that are proven to be effective to reduce invasive species
populations;
(4) the use of revegetation or cultural restoration methods designed to improve the diversity and richness of
ecosystems;
(5) the use of monitoring and detection activities for invasive species, including equipment, detection dogs,
and mechanical devices;
(6) the use of appropriate methods to remove invasive species from a vehicle or vessel capable of
conveyance; or
(7) the use of other effective mechanical or manual control methods.
(h) Investigations, outreach, and public awareness
Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for
programs that address or include protection of land or water from an invasive species, the Secretary concerned
may use not more than 15 percent for investigations, development activities, and outreach and public awareness
efforts to address invasive species control and management needs.
(i) Administrative costs
Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for
programs that address or include protection of land or water from an invasive species, not more than 10 percent
may be used for administrative costs incurred to carry out those programs, including costs relating to oversight
and management of the programs, recordkeeping, and implementation of the strategic plan developed under
subsection (c).
(j) Reporting requirements
Not later than 60 days after the end of the second fiscal year beginning after March 12, 2019, each Secretary
concerned shall submit to Congress a report—
(1) describing the use by the Secretary concerned during the 2 preceding fiscal years of funds for programs
that address or include invasive species management; and
(2) specifying the percentage of funds expended for each of the purposes specified in subsections (g), (h),
and (i).
(k) Relation to other authority
(1) Other invasive species control, prevention, and management authorities
Nothing in this section precludes the Secretary concerned from pursuing or supporting, pursuant to any
other provision of law, any activity regarding the control, prevention, or management of an invasive species,
including investigations to improve the control, prevention, or management of the invasive species.
(2) Public water supply systems
Nothing in this section authorizes the Secretary concerned to suspend any water delivery or diversion, or
otherwise to prevent the operation of a public water supply system, as a measure to control, manage, or
prevent the introduction or spread of an invasive species.
(l) Use of partnerships
Subject to the 1 subsections (m) and (n), the Secretary concerned may enter into any contract or cooperative
agreement with another Federal agency, an eligible State, a federally recognized Indian tribe, a political
subdivision of an eligible State, or a private individual or entity to assist with the control and management of an
invasive species.
(m) Memorandum of understanding
(1) In general
As a condition of a contract or cooperative agreement under subsection (l), the Secretary concerned and the
applicable Federal agency, eligible State, political subdivision of an eligible State, or private individual or
entity shall enter into a memorandum of understanding that describes—
(A) the nature of the partnership between the parties to the memorandum of understanding; and
(B) the control and management activities to be conducted under the contract or cooperative agreement.
(2) Contents
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

12/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

A memorandum of understanding under this subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species to be controlled or managed.
(B) An assessment of the total acres of land or area of water infested by the invasive species.
(C) An estimate of the expected total acres of land or area of water infested by the invasive species after
control and management of the invasive species is attempted.
(D) A description of each specific, integrated pest management option to be used, including a
comparative economic assessment to determine the least-costly method.
(E) Any map, boundary, or Global Positioning System coordinates needed to clearly identify the area in
which each control or management activity is proposed to be conducted.
(F) A written assurance that each partner will comply with section 2814 of title 7.
(3) Coordination
If a partner to a contract or cooperative agreement under subsection (l) is an eligible State, political
subdivision of an eligible State, or private individual or entity, the memorandum of understanding under this
subsection shall include a description of—
(A) the means by which each applicable control or management effort will be coordinated; and
(B) the expected outcomes of managing and controlling the invasive species.
(4) Public outreach and awareness efforts
If a contract or cooperative agreement under subsection (l) involves any outreach or public awareness
effort, the memorandum of understanding under this subsection shall include a list of goals and objectives for
each outreach or public awareness effort that have been determined to be efficient to inform national, regional,
State, Tribal, or local audiences regarding invasive species control and management.
(n) Investigations
The purpose of any invasive species-related investigation carried out under a contract or cooperative
agreement under subsection (l) shall be—
(1) to develop solutions and specific recommendations for control and management of invasive species; and
(2) specifically to provide faster implementation of control and management methods.
(o) Coordination with affected local governments
Each project and activity carried out pursuant to this section shall be coordinated with affected local
governments in a manner that is consistent with section 1712(c)(9) of title 43.
(Mar. 10, 1934, ch. 55, §10, as added Pub. L. 116–9, title VII, §7001(b)(2)(B), Mar. 12, 2019, 133 Stat. 779.)
References in Text
The Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (g)(2), is act June 25, 1947, ch. 125, as
amended generally by Pub. L. 92–516, §2, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§136
et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out
under section 136 of Title 7 and Tables.
1 So

in original.

§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.)

https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

13/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

§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 adjacent 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 the Act of August 14, 1946 (60 Stat. 1080), and Acts supplementary
thereto.
(Oct. 6, 1949, ch. 619, §2, 63 Stat. 708.)
References in Text
The Act of August 14, 1946, referred to in text, is act Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act Mar. 10,
1934, ch. 55, by generally amending sections 1 to 6, which are classified to sections 661 to 665 and 666 of this title, and by
adding sections 7 to 9, which are classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10
of act Mar. 10, 1934, which are classified to sections 665a and 666c–1 of this title, respectively.

§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 the act
of August 14, 1946 (Public Law 732, Seventy-ninth Congress), 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 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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

14/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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)".
The act of August 14, 1946, referred to in text, is act Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act Mar. 10,
1934, ch. 55, by generally amending sections 1 to 6, which are classified to sections 661 to 665 and 666 of this title, and by
adding sections 7 to 9, which are classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10
of act Mar. 10, 1934, which are classified to sections 665a and 666c–1 of this title, respectively.
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, 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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

15/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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
https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

16/17

9/14/21, 1:07 PM

U.S.C. Title 16 - CONSERVATION

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

https://www.govinfo.gov/content/pkg/USCODE-2019-title16/html/USCODE-2019-title16-chap5A-subchapI.htm

17/17


File Typeapplication/pdf
File Modified2021-09-14
File Created2021-09-14

© 2024 OMB.report | Privacy Policy