Administration Act (16 U.S.C. 668dd)

16 U.S.C.
United States Code, 2018 Edition
Title 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
From the U.S. Government Publishing Office, www.gpo.gov

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.
667f.
667f–1.
667f–2.
667f–3.
667g.
667g–1.
667g–2.

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Repealed.
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.

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 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.)
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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.
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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'."
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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 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.
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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]."
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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.

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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:
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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.
S . 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.
S . 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.
S . 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.
S . 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.

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§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 sections 661 to 666c of this title apply. Recommendations of the
Secretary of the Interior shall be as specific as is practicable with respect to features recommended
for wildlife conservation and development, lands to be utilized or acquired for such purposes, the
results expected, and shall describe the damage to wildlife attributable to the project and the
measures proposed for mitigating or compensating for these damages. The reporting officers in
project reports of the Federal agencies shall give full consideration to the report and
recommendations of the Secretary of the Interior and to any report of the State agency on the wildlife
aspects of such projects, and the project plan shall include such justifiable means and measures for
wildlife purposes as the reporting agency finds should be adopted to obtain maximum overall project
benefits.
(c) Modification of projects; acquisition of lands
Federal agencies authorized to construct or operate water-control projects are authorized to modify
or add to the structures and operations of such projects, the construction of which has not been
substantially completed on the date of enactment of the Fish and Wildlife Coordination Act, and to
acquire lands in accordance with section 663 of this title, in order to accommodate the means and
measures for such conservation of wildlife resources as an integral part of such projects: Provided,
That for projects authorized by a specific Act of Congress before the date of enactment of the Fish
and Wildlife Coordination Act (1) such modification or land acquisition shall be compatible with the
purposes for which the project was authorized; (2) the cost of such modifications or land acquisition,
as means and measures to prevent loss of and damage to wildlife resources to the extent justifiable,
shall be an integral part of the cost of such projects; and (3) the cost of such modifications or land
acquisition for the development or improvement of wildlife resources may be included to the extent
justifiable, and an appropriate share of the cost of any project may be allocated for this purpose with
a finding as to the part of such allocated cost, if any, to be reimbursed by non-Federal interests.
(d) Project costs
The cost of planning for and the construction or installation and maintenance of such means and
measures adopted to carry out the conservation purposes of this section shall constitute an integral
part of the cost of such projects: Provided, That such cost attributable to the development and
improvement of wildlife shall not extend beyond that necessary for (1) land acquisition, (2) facilities
as specifically recommended in water resource project reports, (3) modification of the project, and
(4) modification of project operations, but shall not include the operation of wildlife facilities.

(e) Transfer of funds
In the case of construction by a Federal agency, that agency is authorized to transfer to the United
States Fish and Wildlife Service, out of appropriations or other funds made available for
investigations, engineering, or construction, such funds as may be necessary to conduct all or part of
the investigations required to carry out the purposes of this section.
(f) Estimation of wildlife benefits or losses
In addition to other requirements, there shall be included in any report submitted to Congress
supporting a recommendation for authorization of any new project for the control or use of water as
described herein (including any new division of such project or new supplemental works on such
project) an estimation of the wildlife benefits or losses to be derived therefrom including benefits to
be derived from measures recommended specifically for the development and improvement of
wildlife resources, the cost of providing wildlife benefits (including the cost of additional facilities to
be installed or lands to be acquired specifically for that particular phase of wildlife conservation
relating to the development and improvement of wildlife), the part of the cost of joint-use facilities
allocated to wildlife, and the part of such costs, if any, to be reimbursed by non-Federal interests.
(g) Applicability to projects
The provisions of this section shall be applicable with respect to any project for the control or use
of water as prescribed herein, or any unit of such project authorized before or after the date of
enactment of the Fish and Wildlife Coordination Act for planning or construction, but shall not be
applicable to any project or unit thereof authorized before the date of enactment of the Fish and
Wildlife Coordination Act if the construction of the particular project or unit thereof has been
substantially completed. A project or unit thereof shall be considered to be substantially completed
when sixty percent or more of the estimated construction cost has been obligated for expenditure.
(h) Exempt projects and activities
The provisions of section 661 to 666c of this title shall not be applicable to those projects for the
impoundment of water where the maximum surface area of such impoundments is less than ten
acres, nor to activities for or in connection with programs primarily for land management and use
carried out by Federal agencies with respect to Federal lands under their jurisdiction.
(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.)
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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.
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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.
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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 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.)
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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.
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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).
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.
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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.)
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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.
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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.
(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.)
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1946—Act Aug. 14, 1946, amended section generally to provide for investigations as to the effect of
sewage and industrial waste on wildlife.
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"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.
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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.)
A
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.)
R
T
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 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 migratorywaterfowl 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 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.)
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T
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)".
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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.
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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.)
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Former first sentence provided for establishment of a game management supply depot and laboratory at
Pocatello, Idaho.
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F
See Transfer of Functions note set out under section 661 of this title.

§667a. Omitted
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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.)
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1972—Cl. (2). Pub. L. 92–432 struck out "chiefly" before "valuable for use".
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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.)
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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.)
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1995—Pub. L. 104–66 struck out before period at end "and shall be included in the annual budget
transmitted to the Congress".
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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.

§667f. Availability of grain to prevent waterfowl depredations; payment of
packaging, transporting, handling, and other charges

For the purpose of preventing crop damage by migratory waterfowl, the Commodity Credit
Corporation shall make available to the Secretary of the Interior such wheat, corn, or other grains,
acquired through price support operations and certified by the Commodity Credit Corporation to be
available for purposes of sections 667f to 667f–3 of this title or in such condition through spoilage or
deterioration as not to be desirable for human consumption, as the Secretary of the Interior shall
requisition pursuant to section 667f–1 of this title. With respect to any grain thus made available, the
Commodity Credit Corporation may pay packaging, transporting, handling, and other charges up to
the time of delivery to one or more designated locations in each State.
(July 3, 1956, ch. 512, §1, 70 Stat. 492.)
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Section was formerly classified to section 442 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667f–1. Requisition of grain to prevent crop depredation by migratory
waterfowl
Upon a finding by the Secretary of the Interior that any area in the United States is threatened with
damage to farmers' crops by migratory waterfowl, whether or not during the open season for such
migratory waterfowl, the Secretary of the Interior is authorized and directed to requisition from the
Commodity Credit Corporation and to make available to Federal, State, or local governmental bodies
or officials, or to private organizations or persons, such grain acquired by the Commodity Credit
Corporation through price-support operations in such quantities and subject to such regulations as the
Secretary determines will most effectively lure migratory waterfowl away from crop depredations
and at the same time not expose such migratory waterfowl to shooting over areas to which the
waterfowl have been lured by such feeding programs.
(July 3, 1956, ch. 512, §2, 70 Stat. 492.)
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Section was formerly classified to section 443 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667f–2. Reimbursement of packaging and transporting expenses
With respect to all grain made available pursuant to section 667f–1 of this title, the Commodity
Credit Corporation shall be reimbursed by the Secretary of the Interior for its expenses in packaging
and transporting such grain for purposes of sections 667f to 667f–3 of this title.
(July 3, 1956, ch. 512, §3, 70 Stat. 492.)
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Section was formerly classified to section 444 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667f–3. Authorization of appropriations for mitigating losses caused by
waterfowl depredation
There are authorized to be appropriated such sums as may be necessary to reimburse the
Commodity Credit Corporation for its investment in the grain transferred pursuant to sections 667f to
667f–3 of this title.

(July 3, 1956, ch. 512, §4, 70 Stat. 492.)
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Section was formerly classified to section 445 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667g. Requisition of surplus grain; prevention of starvation of resident game
birds and other resident wildlife; utilization by State agencies;
reimbursement for packaging and transporting
For the purpose of meeting emergency situations caused by adverse weather conditions or other
factors destructive of important wildlife resources, the States are authorized, upon the request of the
State fish and game authority or other State agency having similar authority and a finding by the
Secretary of the Interior that any area of the United States is threatened with serious damage or loss
to resident game birds and other resident wildlife from starvation, to requisition from the Commodity
Credit Corporation grain acquired by the Corporation through price support operations. Such grain
may thereafter be furnished to the particular State for direct and sole utilization by the appropriate
State agencies for purposes of sections 667g to 667g–2 of this title in such quantities as mutually
agreed upon by the State and the Commodity Credit Corporation and subject to such regulations as
may be considered desirable by the Corporation. The Corporation shall be reimbursed by the
particular State in each instance for the expense of the Corporation in packaging and transporting
such grain for purposes of sections 667g to 667g–2 of this title.
(Pub. L. 87–152, §1, Aug. 17, 1961, 75 Stat. 389.)
C
Section was formerly classified to section 447 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667g–1. Requisition and use of grain for prevention of starvation of migratory
birds; reimbursement for packaging and transporting
Upon a finding by the Secretary of the Interior that migratory birds are threatened with starvation
in any area of the United States, the Secretary is authorized to requisition from the Commodity
Credit Corporation grain acquired by that Corporation through price support operations in such
quantities as may be mutually agreed upon. The Corporation shall be reimbursed by the Secretary for
its expense in packaging and transporting of such grain for purposes of sections 667g to 667g–2 of
this title.
(Pub. L. 87–152, §2, Aug. 17, 1961, 75 Stat. 389.)
C
Section was formerly classified to section 448 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

§667g–2. Authorization of appropriations for reimbursement of Commodity
Credit Corporation
There are authorized to be appropriated such sums as may be necessary to reimburse the
Commodity Credit Corporation for its investment in grain transferred pursuant to sections 667g to
667g–2 of this title.

(Pub. L. 87–152, §3, Aug. 17, 1961, 75 Stat. 389.)
C
Section was formerly classified to section 449 of Title 7, Agriculture, prior to editorial reclassification and
renumbering as this section.

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 assessed 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.)
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T
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.
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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,".
T
F
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 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.
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I
Enacting clause of act June 8, 1940, provided:
"Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and
"Whereas the bald eagle thus became the symbolic representation of a new nation under a new government
in a new world; and
"Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle
is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and
"Whereas the bald eagle is now threatened with extinction: Therefore
"Be it enacted * * *", etc.

§668a. Taking and using of the bald and golden eagle for scientific, exhibition,
and religious purposes
Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible
with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and
transportation of specimens thereof for the scientific or exhibition purposes of public museums,
scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is
necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other
interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations
which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State,
the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally
protecting domesticated flocks and herds in such State, in accordance with regulations established
under the provisions of this section, in such part or parts of such State and for such periods as the
Secretary determines to be necessary to protect such interests: Provided further, That bald eagles
may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the
Secretary of the Interior: Provided further, That the Secretary of the Interior, pursuant to such
regulations as he may prescribe, may permit the taking, possession, and transportation of golden
eagles for the purposes of falconry, except that only golden eagles which would be taken because of
depredations on livestock or wildlife may be taken for purposes of falconry: Provided further, That
the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking
of golden eagle nests which interfere with resource development or recovery operations.
(June 8, 1940, ch. 278, §2, 54 Stat. 251; Pub. L. 87–884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92–
535, §2, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 95–616, §9, Nov. 8, 1979, 92 Stat. 3114.)
A
1978—Pub. L. 95–616 authorized taking of golden eagle nests which interfere with resource development
or recovery operations.
1972—Pub. L. 92–535 inserted proviso that the Secretary of the Interior may permit the taking, possession,
and transportation of golden eagles for the purposes of falconry with exception that only golden eagles that
cause depredations on livestock and wildlife may be taken for falconry.
1962—Pub. L. 87–884 extended provisions of section to the golden eagle, permitted the taking of
specimens for the religious purposes of Indian tribes and authorized the taking of golden eagles for purpose of
seasonally protecting domesticated flocks and herds.
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Memorandum of President of the United States, Apr. 29, 1994, 59 F.R. 22953, provided:
Memorandum for the Heads of Executive Departments and Agencies
Eagle feathers hold a sacred place in Native American culture and religious practices. Because of the
feathers' significance to Native American heritage and consistent with due respect for the government-togovernment relationship between the Federal and Native American tribal governments, this Administration
has undertaken policy and procedural changes to facilitate the collection and distribution of scarce eagle
bodies and parts for this purpose. This memorandum affirms and formalizes executive branch policy to ensure
that progress begun on this important matter continues across the executive branch.
Today, as part of an historic meeting with all federally recognized tribal governments, I am directing
executive departments and agencies (hereafter collectively "agency" or "agencies") to work cooperatively with
tribal governments and to reexamine broadly their practices and procedures to seek opportunities to
accommodate Native American religious practices to the fullest extent under the law.
As part of these efforts, agencies shall take steps to improve their collection and transfer of eagle carcasses
and eagle body parts ("eagles") for Native American religious purposes. The success of this initiative requires
the participation, and is therefore the responsibility, of all Federal land managing agencies, not just those
within the Department of the Interior. I therefore direct each agency responsible for managing Federal lands to

diligently and expeditiously recover salvageable eagles found on lands under their jurisdiction and ensure that
the eagles are promptly shipped to the National Eagle Repository ("Repository"). To assist agencies in this
expanded effort, the Secretary of the Interior shall issue guidelines to all relevant agencies for the proper
shipment of eagles to the Repository. After receiving these guidelines, agencies shall immediately adopt
policies, practices, and procedures necessary in accordance with these guidelines to recover and transfer
eagles to the Repository promptly.
I support and encourage the initial steps taken by the Department of the Interior to improve the distribution
of eagles for Native American religious purposes. In particular, the Department of the Interior shall continue
to adopt policies and procedures and take those actions necessary to:
(a) ensure the priority of distribution of eagles, upon permit application, first for traditional Native
American religious purposes, to the extent permitted by law, and then to other uses;
(b) simplify the eagle permit application process quickly and to the greatest extent possible to help achieve
the objectives of this memorandum;
(c) minimize the delay and ensure respect and dignity in the process of distributing eagles for Native
American religious purposes to the greatest extent possible;
(d) expand efforts to involve Native American tribes, organizations, and individuals in the distribution
process, both at the Repository and on tribal lands, consistent with applicable laws;
(e) review means to ensure that adequate refrigerated storage space is available to process the eagles; and
(f) continue efforts to improve the Repository's ability to facilitate the objectives of this memorandum.
The Department of the Interior shall be responsible for coordinating any interagency efforts to address
continuing executive branch actions necessary to achieve the objectives of this memorandum.
We must continue to be committed to greater intergovernmental communication and cooperation. In
addition to working more closely with tribal governments, we must enlist the assistance of, and cooperate
with, State and local governments to achieve the objectives of this memorandum. I therefore request that the
Department of the Interior work with State fish and game agencies and other relevant State and local
authorities to facilitate the objectives of this memorandum.
With commitment and cooperation by all of the agencies in the executive branch and with tribal
governments, I am confident that we will be able to accomplish meaningful progress in the distribution of
eagles for Native American religious purposes.
The Director of the Office of Management and Budget is authorized and directed to publish this
memorandum in the Federal Register.

W

J. C

.

§668b. Enforcement provisions
(a) Arrest; search; issuance and execution of warrants and process
Any employee of the Department of the Interior authorized by the Secretary of the Interior to
enforce the provisions of this subchapter may, without warrant, arrest any person committing in his
presence or view a violation of this subchapter or of any permit or regulations issued hereunder and
take such person immediately for examination or trial before an officer or court of competent
jurisdiction; may execute any warrant or other process issued by an officer or court of competent
jurisdiction for the enforcement of the provisions of this subchapter; and may, with or without a
warrant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter
into cooperative agreements with State fish and wildlife agencies or other appropriate State
authorities to facilitate enforcement of this subchapter, and by said agreements to delegate such
enforcement authority to State law enforcement personnel as he deems appropriate for effective
enforcement of this subchapter. Any judge of any court established under the laws of the United
States, and any United States magistrate judge may, within his respective jurisdiction, upon proper
oath or affirmation showing probable cause, issue warrants in all such cases.
(b) Forfeiture

All bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased,
bartered, offered for sale, purchase, or barter, transported, exported, or imported contrary to the
provisions of this subchapter, or of any permit or regulation issued hereunder, and all guns, traps,
nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid in
the taking, possessing, selling, purchasing, bartering, offering for sale, purchase, or barter,
transporting, exporting, or importing of any bird, or part, nest, or egg thereof, in violation of this
subchapter or of any permit or regulation issued hereunder shall be subject to forfeiture to the United
States.
(c) Customs laws applied
All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation
of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the
remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of this subchapter, insofar as such provisions of
law are applicable and not inconsistent with the provisions of this subchapter: Provided, That all
powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of
the Treasury Department shall, for the purposes of this subchapter, be exercised or performed by the
Secretary of the Interior or by such persons as he may designate.
(June 8, 1940, ch. 278, §3, 54 Stat. 251; Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat.
1118; Pub. L. 92–535, §3, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101–650, title III, §321, Dec. 1,
1990, 104 Stat. 5117.)
A
1972—Pub. L. 92–535 substituted provisions relating to enforcement of this subchapter including arrest,
without warrant, issuance and execution of warrants and process, search, forfeiture, and applicability of
certain customs laws, for provisions incorporating provisions of section 706 in haec verba.
C
N
"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to section
321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Previously, "United States magistrate" substituted for "United States commissioner" in subsec. (a) pursuant to
Pub. L. 90–578. See chapter 43 (§631 et seq.) of Title 28.
T
F
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 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.

§668c. Definitions
As used in this subchapter "whoever" includes also associations, partnerships, and corporations;
"take" includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or
disturb; "transport" includes also ship, convey, carry, or transport by any means whatever, and deliver

or receive or cause to be delivered or received for such shipment, conveyance, carriage, or
transportation.
(June 8, 1940, ch. 278, §4, 54 Stat. 251; Pub. L. 92–535, §4, Oct. 23, 1972, 86 Stat. 1065.)
A
1972—Pub. L. 92–535 substituted "poison, wound, kill, capture, trap, collect, molest" for "wound, kill,
capture, trap, collect, or otherwise willfully molest".

§668d. Availability of appropriations for Migratory Bird Treaty Act
Moneys now or hereafter available to the Secretary of the Interior for the administration and
enforcement of the Migratory Bird Treaty Act of July 3, 1918 [16 U.S.C. 703 et seq.], shall be
equally available for the administration and enforcement of this subchapter.
(June 8, 1940, ch. 278, §5, 54 Stat. 251.)
R
T
The Migratory Bird Treaty Act, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, as amended,
which is classified generally to subchapter II (§703 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 710 of this title and Tables.

SUBCHAPTER III—ENDANGERED SPECIES OF FISH AND WILDLIFE
§§668aa to 668cc–6. Repealed. Pub. L. 93–205, §14, Dec. 28, 1973, 87 Stat. 903
The provisions of sections 668aa to 668cc–6, which, pursuant to section 12(d) of Pub. L. 91–135, Dec. 5,
1969, 83 Stat. 283, were known as the "Endangered Species Conservation Act of 1969", are covered by
section 1531 et seq. of this title.
Section 668aa, Pub. L. 89–669, §1, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, §12(a), (e), Dec. 5, 1969,
83 Stat. 282, 283, set out the Congressional findings, declaration of policy, and statement of purposes in
seeking the protection of endangered species of fish and wildlife.
Section 668bb, Pub. L. 89–669, §2, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, §12(b), (c), Dec. 5, 1969,
83 Stat. 282, set out the powers and duties of the Secretary of the Interior in carrying out the mandate of the
Endangered Species Conservation Act of 1969.
Section 668cc, Pub. L. 89–669, §3, Oct. 15, 1966, 80 Stat. 927, covered the Secretary's duty to cooperate
with the States, area administration, management agreements, and disposition of revenues.
Section 668cc–1, Pub. L. 91–135, §1, Dec. 5, 1969, 83 Stat. 275, defined "Secretary", "fish or wildlife",
"United States", and "person".
Section 668cc–2, Pub. L. 91–135, §2, Dec. 5, 1969, 83 Stat. 275, covered importation of endangered
species and set out civil and criminal penalties by reference to provisions of section 668cc–4 of this title.
Section 668cc–3, Pub. L. 91–135, §3, Dec. 5, 1969, 83 Stat. 275, provided for determination by the
Secretary of the species threatened with extinction, methods to be used and factors determinative of
Secretary's determination, and rule making procedures to be used.
Section 668cc–4, Pub. L. 91–135, §4, Dec. 5, 1969, 83 Stat. 276, set out penalties for violation of sections
668cc–2 and 668cc–3 of this title and provisions for their enforcement.
Section 668cc–5, Pub. L. 91–135, §5, Dec. 5, 1969, 83 Stat. 278, covered international agreements for fish
and wildlife preservation.
Section 668cc–6, Pub. L. 91–135, §6, Dec. 5, 1969, 83 Stat. 278, called for coordination of administration
of provisions relating to endangered species of fish and wildlife with animal quarantine and tariff laws, and
provided for non-impairment of functions of Secretaries of Agriculture and Treasury under agriculture and
tariff laws, including imports.

E
D
R
Repeal effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an Effective Date note under
section 1531 of this title.

§668dd. National Wildlife Refuge System
(a) Designation; administration; continuance of resources-management-programs for refuge
lands in Alaska; disposal of acquired lands; proceeds
(1) For the purpose of consolidating the authorities relating to the various categories of areas that
are administered by the Secretary for the conservation of fish and wildlife, including species that are
threatened with extinction, all lands, waters, and interests therein administered by the Secretary as
wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened
with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production
areas are hereby designated as the "National Wildlife Refuge System" (referred to herein as the
"System"), which shall be subject to the provisions of this section, and shall be administered by the
Secretary through the United States Fish and Wildlife Service. With respect to refuge lands in the
State of Alaska, those programs relating to the management of resources for which any other agency
of the Federal Government exercises administrative responsibility through cooperative agreement
shall remain in effect, subject to the direct supervision of the United States Fish and Wildlife Service,
as long as such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of lands and waters for the
conservation, management, and where appropriate, restoration of the fish, wildlife, and plant
resources and their habitats within the United States for the benefit of present and future generations
of Americans.
(3) With respect to the System, it is the policy of the United States that—
(A) each refuge shall be managed to fulfill the mission of the System, as well as the specific
purposes for which that refuge was established;
(B) compatible wildlife-dependent recreation is a legitimate and appropriate general public use
of the System, directly related to the mission of the System and the purposes of many refuges, and
which generally fosters refuge management and through which the American public can develop
an appreciation for fish and wildlife;
(C) compatible wildlife-dependent recreational uses are the priority general public uses of the
System and shall receive priority consideration in refuge planning and management; and
(D) when the Secretary determines that a proposed wildlife-dependent recreational use is a
compatible use within a refuge, that activity should be facilitated, subject to such restrictions or
regulations as may be necessary, reasonable, and appropriate.
(4) In administering the System, the Secretary shall—
(A) provide for the conservation of fish, wildlife, and plants, and their habitats within the
System;
(B) ensure that the biological integrity, diversity, and environmental health of the System are
maintained for the benefit of present and future generations of Americans;
(C) plan and direct the continued growth of the System in a manner that is best designed to
accomplish the mission of the System, to contribute to the conservation of the ecosystems of the
United States, to complement efforts of States and other Federal agencies to conserve fish and
wildlife and their habitats, and to increase support for the System and participation from
conservation partners and the public;
(D) ensure that the mission of the System described in paragraph (2) and the purposes of each
refuge are carried out, except that if a conflict exists between the purposes of a refuge and the

mission of the System, the conflict shall be resolved in a manner that first protects the purposes of
the refuge, and, to the extent practicable, that also achieves the mission of the System;
(E) ensure effective coordination, interaction, and cooperation with owners of land adjoining
refuges and the fish and wildlife agency of the States in which the units of the System are located;
(F) assist in the maintenance of adequate water quantity and water quality to fulfill the mission
of the System and the purposes of each refuge;
(G) acquire, under State law, water rights that are needed for refuge purposes;
(H) recognize compatible wildlife-dependent recreational uses as the priority general public
uses of the System through which the American public can develop an appreciation for fish and
wildlife;
(I) ensure that opportunities are provided within the System for compatible wildlife-dependent
recreational uses;
(J) ensure that priority general public uses of the System receive enhanced consideration over
other general public uses in planning and management within the System;
(K) provide increased opportunities for families to experience compatible wildlife-dependent
recreation, particularly opportunities for parents and their children to safely engage in traditional
outdoor activities, such as fishing and hunting;
(L) continue, consistent with existing laws and interagency agreements, authorized or permitted
uses of units of the System by other Federal agencies, including those necessary to facilitate
military preparedness;
(M) ensure timely and effective cooperation and collaboration with Federal agencies and State
fish and wildlife agencies during the course of acquiring and managing refuges; and
(N) monitor the status and trends of fish, wildlife, and plants in each refuge.
(5) No acquired lands which are or become a part of the System may be transferred or otherwise
disposed of under any provision of law (except by exchange pursuant to subsection (b)(3) of this
section) unless—
(A) the Secretary determines with the approval of the Migratory Bird Conservation Commission
that such lands are no longer needed for the purposes for which the System was established; and
(B) such lands are transferred or otherwise disposed of for an amount not less than—
(i) the acquisition costs of such lands, in the case of lands of the System which were
purchased by the United States with funds from the migratory bird conservation fund, or fair
market value, whichever is greater; or
(ii) the fair market value of such lands (as determined by the Secretary as of the date of the
transfer or disposal), in the case of lands of the System which were donated to the System.
The Secretary shall pay into the migratory bird conservation fund the aggregate amount of the
proceeds of any transfer or disposal referred to in the preceding sentence.
(6) Each area which is included within the System on January 1, 1975, or thereafter, and which
was or is—
(A) designated as an area within such System by law, Executive order, or secretarial order; or
(B) so included by public land withdrawal, donation, purchase, exchange, or pursuant to a
cooperative agreement with any State or local government, any Federal department or agency, or
any other governmental entity,
shall continue to be a part of the System until otherwise specified by Act of Congress, except that
nothing in this paragraph shall be construed as precluding—
(i) the transfer or disposal of acquired lands within any such area pursuant to paragraph (5) of
this subsection;
(ii) the exchange of lands within any such area pursuant to subsection (b)(3) of this section; or

(iii) the disposal of any lands within any such area pursuant to the terms of any cooperative
agreement referred to in subparagraph (B) of this paragraph.
(b) Administration; public accommodations contracts; acceptance and use of funds; exchange
of properties; cash equalization payments
In administering the System, the Secretary is authorized to take the following actions:
(1) Enter into contracts with any person or public or private agency through negotiation for the
provision of public accommodations when, and in such locations, and to the extent that the
Secretary determines will not be inconsistent with the primary purpose for which the affected area
was established.
(2) Accept donations of funds and to use such funds to acquire or manage lands or interests
therein.
(3) Acquire lands or interests therein by exchange (A) for acquired lands or public lands, or for
interests in acquired or public lands, under his jurisdiction which he finds to be suitable for
disposition, or (B) for the right to remove, in accordance with such terms and conditions as he may
prescribe, products from the acquired or public lands within the System. The values of the
properties so exchanged either shall be approximately equal, or if they are not approximately equal
the values shall be equalized by the payment of cash to the grantor or to the Secretary as the
circumstances require.
(4) Subject to standards established by and the overall management oversight of the Director,
and consistent with standards established by this Act, to enter into cooperative agreements with
State fish and wildlife agencies for the management of programs on a refuge.
(5) Issue regulations to carry out this Act.
(c) Prohibited and permitted activities; application of mining and mineral leasing laws, hunting
or fishing regulations, and State laws or regulations
No person shall disturb, injure, cut, burn, remove, destroy, or possess any real or personal property
of the United States, including natural growth, in any area of the System; or take or possess any fish,
bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within
any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such
activities are performed by persons authorized to manage such area, or unless such activities are
permitted either under subsection (d) of this section or by express provision of the law, proclamation,
Executive order, or public land order establishing the area, or amendment thereof: Provided, That the
United States mining and mineral leasing laws shall continue to apply to any lands within the System
to the same extent they apply prior to October 15, 1966, unless subsequently withdrawn under other
authority of law. With the exception of endangered species and threatened species listed by the
Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement does not
exist pursuant to section 1535(c) of this title, nothing in this Act shall be construed to authorize the
Secretary to control or regulate hunting or fishing of resident fish and wildlife on lands not within the
system. The regulations permitting hunting and fishing of resident fish and wildlife within the
System shall be, to the extent practicable, consistent with State fish and wildlife laws and
regulations.
(d) Use of areas; administration of migratory bird sanctuaries as game taking areas; rights of
way, easements, and reservations; payment of fair market value
(1) The Secretary is authorized, under such regulations as he may prescribe, to—
(A) permit the use of any area within the System for any purpose, including but not limited to
hunting, fishing, public recreation and accommodations, and access whenever he determines that
such uses are compatible with the major purposes for which such areas were established:
Provided, That not to exceed 40 per centum at any one time of any area that has been, or hereafter
may be acquired, reserved, or set apart as an inviolate sanctuary for migratory birds, under any
law, proclamation, Executive order, or public land order may be administered by the Secretary as

an area within which the taking of migratory game birds may be permitted under such regulations
as he may prescribe unless the Secretary finds that the taking of any species of migratory game
birds in more than 40 percent of such area would be beneficial to the species; and
(B) permit the use of, or grant easements in, over, across, upon, through, or under any areas
within the System for purposes such as but not necessarily limited to, powerlines, telephone lines,
canals, ditches, pipelines, and roads, including the construction, operation, and maintenance
thereof, whenever he determines that such uses are compatible with the purposes for which these
areas are established.
(2) Notwithstanding any other provision of law, the Secretary may not grant to any Federal, State,
or local agency or to any private individual or organization any right-of-way, easement, or
reservation in, over, across, through, or under any area within the system in connection with any use
permitted by him under paragraph (1)(B) of this subsection unless the grantee pays to the Secretary,
at the option of the Secretary, either (A) in lump sum the fair market value (determined by the
Secretary as of the date of conveyance to the grantee) of the right-of-way, easement, or reservation;
or (B) annually in advance the fair market rental value (determined by the Secretary) of the right-ofway, easement, or reservation. If any Federal, State, or local agency is exempted from such payment
by any other provision of Federal law, such agency shall otherwise compensate the Secretary by any
other means agreeable to the Secretary, including, but not limited to, making other land available or
the loan of equipment or personnel; except that (A) any such compensation shall relate to, and be
consistent with, the objectives of the National Wildlife Refuge System, and (B) the Secretary may
waive such requirement for compensation if he finds such requirement impracticable or unnecessary.
All sums received by the Secretary pursuant to this paragraph shall, after payment of any necessary
expenses incurred by him in administering this paragraph, be deposited into the Migratory Bird
Conservation Fund and shall be available to carry out the provisions for land acquisition of the
Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act
(16 U.S.C. 718 et seq.).
(3)(A)(i) Except as provided in clause (iv), the Secretary shall not initiate or permit a new use of a
refuge or expand, renew, or extend an existing use of a refuge, unless the Secretary has determined
that the use is a compatible use and that the use is not inconsistent with public safety. The Secretary
may make the determinations referred to in this paragraph for a refuge concurrently with
development of a conservation plan under subsection (e).
(ii) On lands added to the System after March 25, 1996, the Secretary shall identify, prior to
acquisition, withdrawal, transfer, reclassification, or donation of any such lands, existing compatible
wildlife-dependent recreational uses that the Secretary determines shall be permitted to continue on
an interim basis pending completion of the comprehensive conservation plan for the refuge.
(iii) Wildlife-dependent recreational uses may be authorized on a refuge when they are compatible
and not inconsistent with public safety. Except for consideration of consistency with State laws and
regulations as provided for in subsection (m), no other determinations or findings are required to be
made by the refuge official under this Act or the Refuge Recreation Act for wildlife-dependent
recreation to occur.
(iv) Compatibility determinations in existence on October 9, 1997, shall remain in effect until and
unless modified.
(B) Not later than 24 months after October 9, 1997, the Secretary shall issue final regulations
establishing the process for determining under subparagraph (A) whether a use of a refuge is a
compatible use. These regulations shall—
(i) designate the refuge official responsible for making initial compatibility determinations;
(ii) require an estimate of the timeframe, location, manner, and purpose of each use;
(iii) identify the effects of each use on refuge resources and purposes of each refuge;
(iv) require that compatibility determinations be made in writing;

(v) provide for the expedited consideration of uses that will likely have no detrimental effect on
the fulfillment of the purposes of a refuge or the mission of the System;
(vi) provide for the elimination or modification of any use as expeditiously as practicable after a
determination is made that the use is not a compatible use;
(vii) require, after an opportunity for public comment, reevaluation of each existing use, other
than those uses specified in clause (viii), if conditions under which the use is permitted change
significantly or if there is significant new information regarding the effects of the use, but not less
frequently than once every 10 years, to ensure that the use remains a compatible use, except that,
in the case of any use authorized for a period longer than 10 years (such as an electric utility rightof-way), the reevaluation required by this clause shall examine compliance with the terms and
conditions of the authorization, not examine the authorization itself;
(viii) require, after an opportunity for public comment, reevaluation of each compatible
wildlife-dependent recreational use when conditions under which the use is permitted change
significantly or if there is significant new information regarding the effects of the use, but not less
frequently than in conjunction with each preparation or revision of a conservation plan under
subsection (e) or at least every 15 years, whichever is earlier; and
(ix) provide an opportunity for public review and comment on each evaluation of a use, unless
an opportunity for public review and comment on the evaluation of the use has already been
provided during the development or revision of a conservation plan for the refuge under
subsection (e) or has otherwise been provided during routine, periodic determinations of
compatibility for wildlife-dependent recreational uses.
(4) The provisions of this Act relating to determinations of the compatibility of a use shall not
apply to—
(A) overflights above a refuge; and
(B) activities authorized, funded, or conducted by a Federal agency (other than the United States
Fish and Wildlife Service) which has primary jurisdiction over a refuge or a portion of a refuge, if
the management of those activities is in accordance with a memorandum of understanding
between the Secretary or the Director and the head of the Federal agency with primary jurisdiction
over the refuge governing the use of the refuge.
(e) Refuge conservation planning program for non-Alaskan refuge lands
(1)(A) Except with respect to refuge lands in Alaska (which shall be governed by the refuge
planning provisions of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.)), the Secretary shall—
(i) propose a comprehensive conservation plan for each refuge or related complex of refuges
(referred to in this subsection as a "planning unit") in the System;
(ii) publish a notice of opportunity for public comment in the Federal Register on each proposed
conservation plan;
(iii) issue a final conservation plan for each planning unit consistent with the provisions of this
Act and, to the extent practicable, consistent with fish and wildlife conservation plans of the State
in which the refuge is located; and
(iv) not less frequently than 15 years after the date of issuance of a conservation plan under
clause (iii) and every 15 years thereafter, revise the conservation plan as may be necessary.
(B) The Secretary shall prepare a comprehensive conservation plan under this subsection for each
refuge within 15 years after October 9, 1997.
(C) The Secretary shall manage each refuge or planning unit under plans in effect on October 9,
1997, to the extent such plans are consistent with this Act, until such plans are revised or superseded
by new comprehensive conservation plans issued under this subsection.

(D) Uses or activities consistent with this Act may occur on any refuge or planning unit before
existing plans are revised or new comprehensive conservation plans are issued under this subsection.
(E) Upon completion of a comprehensive conservation plan under this subsection for a refuge or
planning unit, the Secretary shall manage the refuge or planning unit in a manner consistent with the
plan and shall revise the plan at any time if the Secretary determines that conditions that affect the
refuge or planning unit have changed significantly.
(2) In developing each comprehensive conservation plan under this subsection for a planning unit,
the Secretary, acting through the Director, shall identify and describe—
(A) the purposes of each refuge comprising the planning unit;
(B) the distribution, migration patterns, and abundance of fish, wildlife, and plant populations
and related habitats within the planning unit;
(C) the archaeological and cultural values of the planning unit;
(D) such areas within the planning unit that are suitable for use as administrative sites or visitor
facilities;
(E) significant problems that may adversely affect the populations and habitats of fish, wildlife,
and plants within the planning unit and the actions necessary to correct or mitigate such problems;
and
(F) opportunities for compatible wildlife-dependent recreational uses.
(3) In preparing each comprehensive conservation plan under this subsection, and any revision to
such a plan, the Secretary, acting through the Director, shall, to the maximum extent practicable and
consistent with this Act—
(A) consult with adjoining Federal, State, local, and private landowners and affected State
conservation agencies; and
(B) coordinate the development of the conservation plan or revision with relevant State
conservation plans for fish and wildlife and their habitats.
(4)(A) In accordance with subparagraph (B), the Secretary shall develop and implement a process
to ensure an opportunity for active public involvement in the preparation and revision of
comprehensive conservation plans under this subsection. At a minimum, the Secretary shall require
that publication of any final plan shall include a summary of the comments made by States, owners
of adjacent or potentially affected land, local governments, and any other affected persons, and a
statement of the disposition of concerns expressed in those comments.
(B) Prior to the adoption of each comprehensive conservation plan under this subsection, the
Secretary shall issue public notice of the draft proposed plan, make copies of the plan available at the
affected field and regional offices of the United States Fish and Wildlife Service, and provide
opportunity for public comment.
(f) Penalties
(1) Knowing violations
Any person who knowingly violates or fails to comply with any of the provisions of this Act or
any regulations issued thereunder shall be fined under title 18 or imprisoned for not more than 1
year, or both.
(2) Other violations
Any person who otherwise violates or fails to comply with any of the provisions of this Act
(including a regulation issued under this Act) shall be fined under title 18 or imprisoned not more
than 180 days, or both.
(g) Enforcement provision; arrests, searches, and seizures; custody of property; forfeitures;
disposition

Any person authorized by the Secretary to enforce the provisions of this Act or any regulations
issued thereunder, may, without a warrant, arrest any person violating this Act or regulations in his
presence or view, and may execute any warrant or other process issued by an officer or court of
competent jurisdiction to enforce the provisions of this Act or regulations, and may with a search
warrant search for and seize any property, fish, bird, mammal, or other wild vertebrate or invertebrate
animals or part or nest or egg thereof, taken or possessed in violation of this Act or the regulations
issued thereunder. Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals
or part or egg thereof seized with or without a search warrant shall be held by such person or by a
United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by
the Secretary, in accordance with law. The Director of the United States Fish and Wildlife Service is
authorized to utilize by agreement, with or without reimbursement, the personnel and services of any
other Federal or State agency for purposes of enhancing the enforcement of this Act.
(h) Regulations; continuation, modification, or rescission
Regulations applicable to areas of the System that are in effect on October 15, 1966, shall continue
in effect until modified or rescinded.
(i) National conservation recreational area provisions; amendment, repeal, or modification
Nothing in this section shall be construed to amend, repeal, or otherwise modify the provision of
the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k—460k–4) which authorizes the
Secretary to administer the areas within the System for public recreation. The provisions of this
section relating to recreation shall be administered in accordance with the provisions of said Act.
(j) Exemption from State water laws
Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal
Government as to exemption from State water laws.
(k) Emergency power
Notwithstanding any other provision of this Act, the Secretary may temporarily suspend, allow, or
initiate any activity in a refuge in the System if the Secretary determines it is necessary to protect the
health and safety of the public or any fish or wildlife population.
(l) Hunting and fishing on lands and waters not within System
Nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or
fishing of fish and resident wildlife on lands or waters that are not within the System.
(m) State authority
Nothing in this Act shall be construed as affecting the authority, jurisdiction, or responsibility of
the several States to manage, control, or regulate fish and resident wildlife under State law or
regulations in any area within the System. Regulations permitting hunting or fishing of fish and
resident wildlife within the System shall be, to the extent practicable, consistent with State fish and
wildlife laws, regulations, and management plans.
(n) Water rights
(1) Nothing in this Act shall—
(A) create a reserved water right, express or implied, in the United States for any purpose;
(B) affect any water right in existence on October 9, 1997; or
(C) affect any Federal or State law in existence on October 9, 1997, regarding water quality or
water quantity.
(2) Nothing in this Act shall diminish or affect the ability to join the United States in the
adjudication of rights to the use of water pursuant to section 666 of title 43.
(o) Coordination with State agencies

Coordination with State fish and wildlife agency personnel or with personnel of other affected
State agencies pursuant to this Act shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
(Pub. L. 89–669, §4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90–404, §1, July 18, 1968, 82 Stat. 359;
Pub. L. 93–205, §13(a), Dec. 28, 1973, 87 Stat. 902; Pub. L. 93–509, §2, Dec. 3, 1974, 88 Stat. 1603;
Pub. L. 94–215, §5, Feb. 17, 1976, 90 Stat. 190; Pub. L. 94–223, Feb. 27, 1976, 90 Stat. 199; Pub. L.
95–616, §§3(f), 6, Nov. 8, 1978, 92 Stat. 3111, 3114; Pub. L. 100–226, §4, Dec. 31, 1987, 101 Stat.
1551; Pub. L. 100–653, title IX, §904, Nov. 14, 1988, 102 Stat. 3834; Pub. L. 105–57, §§3(b)–8, Oct.
9, 1997, 111 Stat. 1254–1259; Pub. L. 105–312, title II, §206, Oct. 30, 1998, 112 Stat. 2958.)
R
T
This Act, referred to in text, means Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, which enacted sections
668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed sections 715d–1,
715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.
The Migratory Bird Conservation Act, referred to in subsec. (d)(2), is act Feb. 18, 1929, ch. 257, 45 Stat.
1222, which is classified generally to subchapter III (§715 et seq.) of chapter 7 of this title. For complete
classification of this Act to the Code, see section 715 of this title and Tables.
The Migratory Bird Hunting Stamp Act, referred to in subsec. (d)(2), subsequently renamed the Migratory
Bird Hunting and Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451, which is classified
generally to subchapter IV (§718 et seq.) of chapter 7 of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 718 of this title and Tables.
The Refuge Recreation Act and the Act of September 28, 1962, referred to in subsecs. (d)(3)(A)(iii) and (i),
is Pub. L. 87–714, Sept. 28, 1962, 76 Stat. 653, which is classified generally to subchapter LXVIII (§460k et
seq.) of chapter 1 of this title.
The Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(A), is Pub. L. 96–487,
Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out
under section 3101 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (o), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is classified to the Appendix of Title 5, Government Organization and Employees.
A
1998—Subsec. (c). Pub. L. 105–312, §206(1), struck out "knowingly" after "No person shall" in first
sentence.
Subsec. (f). Pub. L. 105–312, §206(2), inserted subsec. heading, par. (1) designation and heading, and
"knowingly" after "Any person who", and added par. (2).
1997—Subsec. (a)(1). Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before
"for the conservation of fish and wildlife".
Subsec. (a)(2). Pub. L. 105–57, §4(1), (3), added par. (2) and redesignated former par. (2) as (5).
Subsec. (a)(2)(A). Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before
"determines with the approval".
Subsec. (a)(3). Pub. L. 105–57, §§4(1), 5(a), added par. (3) and redesignated former par. (3) as (6).
Subsec. (a)(4). Pub. L. 105–57, §5(a), added par. (4).
Subsec. (a)(5). Pub. L. 105–57, §4(1), redesignated par. (2) as (5).
Subsec. (a)(6). Pub. L. 105–57, §4(1), redesignated par. (3) as (6).
Subsec. (a)(6)(i). Pub. L. 105–57, §4(2), substituted "paragraph (5)" for "paragraph (2)".
Subsec. (b). Pub. L. 105–57, §5(b)(1), substituted "authorized to take the following actions:" for "authorized
—" in introductory provisions.
Subsec. (b)(1). Pub. L. 105–57, §5(b)(2), substituted "Enter" for "to enter".
Subsec. (b)(2). Pub. L. 105–57, §5(b)(3), substituted "Accept" for "to accept" and substituted a period for
", and" at end.
Subsec. (b)(3). Pub. L. 105–57, §5(b)(4), substituted "Acquire" for "to acquire".
Subsec. (b)(4), (5). Pub. L. 105–57, §5(b)(5), added pars. (4) and (5).

Subsec. (c). Pub. L. 105–57, §8(b), struck out at end "The provisions of this Act shall not be construed as
affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish
and resident wildlife under State law or regulations in any area within the System."
Subsec. (d)(2). Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before "may
not grant to any Federal" and before "pursuant to this paragraph".
Subsec. (d)(3), (4). Pub. L. 105–57, §6, added pars. (3) and (4).
Subsec. (e). Pub. L. 105–57, §7(a), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 105–57, §7(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before "to enforce the
provisions".
Subsec. (g). Pub. L. 105–57, §7(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105–57, §7(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior".
Subsecs. (i), (j). Pub. L. 105–57, §7(a)(1), redesignated subsecs. (h) and (i) as (i) and (j), respectively.
Subsecs. (k) to (o). Pub. L. 105–57, §8(a), added subsecs. (k) to (o).
1988—Subsec. (e). Pub. L. 100–653 substituted "thereunder shall be fined under title 18 or imprisoned for
not more than 1 year, or both" for "thereunder shall be fined not more than $500 or be imprisoned not more
than six months, or both".
1987—Subsec. (f). Pub. L. 100–226 inserted at end "The Director of the United States Fish and Wildlife
Service is authorized to utilize by agreement, with or without reimbursement, the personnel and services of
any other Federal or State agency for purposes of enhancing the enforcement of this Act."
1978—Subsec. (d)(1)(A). Pub. L. 95–616, §6, authorized the Secretary to find that the taking of any species
of migratory birds in more than 40 percent of the area would be beneficial to the species.
Subsec. (f). Pub. L. 95–616, §3(f), substituted "disposed of by the Secretary, in accordance with law" for
"disposed of by the court".
1976—Subsec. (a). Pub. L. 94–223 designated existing first sentence as par. (1), provided for administration
of the System by the Secretary of the Interior through the United States Fish and Wildlife Service and inserted
provision respecting continuance of programs relating to management of resources in refuge lands in Alaska,
subject to direct supervision of the United States Fish and Wildlife Service; struck out second sentence
providing that "Nothing in this Act shall restrict the authority of the Secretary to modify or revoke public land
withdrawals affecting lands in the System as presently constituted, or as it may be constituted, whenever he
determines that such action is consistent with the public interest."; designated existing third sentence as par.
(2), redesignated as subpars. (A) and (B) former clauses (1) and (2), redesignated as subpar. (B)(i) and (ii)
former cl. (2)(A) and (B), substituted in subpar. (A) "with the approval of" for "after consultation with",
inserted in subpar. (B)(i) "or fair market value, whichever is greater;" and reenacted as second sentence of par.
(2) former last sentence of subsec. (a); and added par. (3).
Subsec. (b)(3). Pub. L. 94–215 substituted designations "(A)" and "(B)" for "(a)" and "(b)", inserted in cl.
(A) ", or for interests in acquired or public lands," before "under his jurisdiction" and substituted in cl. (B) "he
may prescribe" for "the Secretary may prescribe".
1974—Subsec. (d). Pub. L. 93–509 designated existing provisions as par. (1)(A) and (B) and added par. (2).
1973—Subsec. (c). Pub. L. 93–205 inserted "With the exception of endangered species and threatened
species listed by the Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement
does not exist pursuant to section 1535(c) of this title" before "nothing in this Act shall be construed" and
struck out ", including endangered species thereof," before "on lands not within the System" in second
sentence.
1968—Subsec. (a). Pub. L. 90–404 inserted provisions that no acquired lands which are or become a part of
the National Wildlife Refuge System may be transferred or otherwise disposed of except under the specified
conditions, and provisions that the Secretary pay into the migratory bird conservation fund the proceeds of any
such transfer or disposal.
E
D
1974 A
Pub. L. 93–509, §3, Dec. 3, 1974, 88 Stat. 1603, provided that: "Section 4 (d)(2) of the Act of October 15,
1966 (as added by this Act) [subsec. (d)(2) of this section], shall apply with respect to any right-of-way,
easement, or reservation granted by the Secretary of the Interior on or after the date of the enactment of this

Act [Dec. 3, 1974], including any right-of-way, easement, or reservation granted on or after such date in
connection with any use permitted by him pursuant to section 4(d)(2) of the Act of October 15, 1966 [now
subsec. (d)(1)(B) of this section] (as in effect before the date of the enactment of this Act)."
E
D
1973 A
Amendment by Pub. L. 93–205 effective Dec. 28, 1973, see section 16 of Pub. L. 93–205, set out as an
Effective Date note under section 1531 of this title.
E
D
1968 A
Pub. L. 90–404, §2, July 18, 1968, 82 Stat. 359, provided that: "The amendments made by the first section
of this Act [amending subsec. (a) of this section] shall apply only with respect to transfers and disposals of
land initiated and completed after the date of their enactment [July 18, 1968]."
S
T
2015 A
Pub. L. 114–101, §1, Dec. 18, 2015, 129 Stat. 2203, provided that: "This Act [enacting provisions listed in a
table of National Memorials set out under section 320301 of Title 54, National Park Service and Related
Programs, and amending provisions listed in a table of National Wildlife Refuges set out under this section]
may be cited as the 'Billy Frank Jr. Tell Your Story Act'."
S
T
1998 A
Pub. L. 105–312, title II, §201, Oct. 30, 1998, 112 Stat. 2957, provided that: "This title [amending this
section, sections 721 and 722 of this title, and section 564w–1 of Title 25, Indians, enacting provisions set out
as a note under section 722 of this title, and amending provisions listed in a table of National Wildlife Refuges
set out under this section] may be cited as the 'National Wildlife Refuge System Improvement Act of 1998'."
S
T
1997 A
Pub. L. 105–57, §1(a), Oct. 9, 1997, 111 Stat. 1252, provided that: "This Act [amending this section and
section 668ee of this title and enacting provisions set out as notes under this section] may be cited as the
'National Wildlife Refuge System Improvement Act of 1997'."
S
T
1974 A
Pub. L. 93–509, §1, Dec. 3, 1974, 88 Stat. 1603, provided: "That this Act [amending this section and
section 715s of this title, and enacting provisions set out as notes under this section] may be cited as the
'National Wildlife Refuge System Administration Act Amendments of 1974'."
S
T
Pub. L. 91–135, §12(f), Dec. 5, 1969, 83 Stat. 283, provided that: "The provisions of sections 4 and 5 of the
Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd–668ee), as amended, shall hereinafter be cited as the
'National Wildlife Refuge System Administration Act of 1966'."
T
F
Enforcement functions of Secretary or other official in Department of the Interior related to compliance
with approval to cross national wildlife refuges under sections 668dd and 668ee 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), 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.
N
W
R
S
C
Pub. L. 106–408, title III, Nov. 1, 2000, 114 Stat. 1782, provided that:

"SEC. 301. SHORT TITLE.
"This title may be cited as the 'National Wildlife Refuge System Centennial Act'.
"SEC. 302. FINDINGS AND PURPOSES.
"(a) F
.—Congress finds that—
"(1) President Theodore Roosevelt began the National Wildlife Refuge System by establishing the first
refuge at Pelican Island, Florida, on March 14, 1903;
"(2) the National Wildlife Refuge System is comprised of more than 93,000,000 acres of Federal land
managed by the United States Fish and Wildlife Service in more than 532 individual refuges and thousands
of waterfowl production areas located in all 50 States and the territories of the United States;
"(3) the System is the only network of Federal land dedicated singularly to wildlife conservation and
where wildlife-dependent recreation and environmental education are priority public uses;
"(4) the System serves a vital role in the conservation of millions of migratory birds, dozens of
endangered species and threatened species, some of the premier fisheries of the United States, marine
mammals, and the habitats on which such species of fish and wildlife depend;
"(5) each year the System provides millions of Americans with opportunities to participate in wildlifedependent recreation, including hunting, fishing, and wildlife observation;
"(6)(A) public visitation to national wildlife refuges is growing, with more than 35,000,000 visitors
annually; and
"(B) it is essential that visitor centers and public use facilities be properly constructed, operated, and
maintained;
"(7) the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of
1998 (16 U.S.C. 742f note; Public Law 105–242) [see Short Title of 1998 Amendments note under section
742a of this title], and the amendments made by that Act, significantly enhance the ability of the United
States Fish and Wildlife Service to incorporate volunteers and partnerships in refuge management;
"(8) as of the date of the enactment of this Act [Nov. 1, 2000], the System has an unacceptable backlog
of critical operation and maintenance needs; and
"(9) the occasion of the centennial of the System, in 2003, presents a historic opportunity to enhance
natural resource stewardship and expand public enjoyment of the national wildlife refuges of the United
States.
"(b) P
.—The purposes of this title are—
"(1) to establish a commission to promote awareness by the public of the National Wildlife Refuge
System as the System celebrates its centennial in 2003;
"(2) to develop a long-term plan to meet the priority operation, maintenance, and construction needs of
the System;
"(3) to require an annual report on the needs of the System prepared in the context of—
"(A) the budget submission of the Department of the Interior to the President; and
"(B) the President's budget request to Congress; and
"(4) to improve public use programs and facilities of the System to meet the increasing needs of the
public for wildlife-dependent recreation in the 21st century.
"SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.
"(a) E
.—There is established the National Wildlife Refuge System Centennial Commission
(referred to in this title as the 'Commission').
"(b) M
.—
"(1) I
.—The Commission shall be composed of—
"(A) the Director of the United States Fish and Wildlife Service;
"(B) up to 10 individuals appointed by the Secretary of the Interior;
"(C) the chairman and ranking minority member of the Committee on Resources [now Committee
on Natural Resources] of the House of Representatives and of the Committee on Environment and Public
Works of the Senate, who shall be nonvoting members; and
"(D) the congressional representatives of the Migratory Bird Conservation Commission, who
shall be nonvoting members.
"(2) A
.—

"(A) D
.—The members of the Commission shall be appointed not later than 90 days after
the effective date of this title.
"(B) A
.—
"(i) I
.—The members of the Commission appointed by the Secretary of the
Interior under paragraph (1)(B)—
"(I) shall not be officers or employees of the Federal Government; and
"(II) shall, in the judgment of the Secretary—
"(aa) represent the diverse beneficiaries of the System; and
"(bb) have outstanding knowledge or appreciation of wildlife, natural resource management,
or wildlife-dependent recreation.
"(ii) R
.—In making appointments under paragraph (1)(B), the
Secretary of the Interior shall make every effort to ensure that the views of the hunting, fishing, and
wildlife observation communities are represented on the Commission.
"(3) V
.—Any vacancy in the Commission—
"(A) shall not affect the power or duties of the Commission; and
"(B) shall be expeditiously filled in the same manner as the original appointment was made.
"(c) C
.—The Secretary of the Interior shall appoint one of the members as the Chairperson of
the Commission.
"(d) C
.—The members of the Commission shall receive no compensation for their service on
the Commission.
"(e) T
E
.—
"(1) L
.—The members of the Commission from the legislative branch of
the Federal Government shall be allowed necessary travel expenses, as authorized by other law for official
travel, while away from their homes or regular places of business in the performance of services for the
Commission.
"(2) E
.—The members of the Commission from the executive branch of the
Federal Government shall be allowed necessary travel expenses in accordance with section 5702 of title 5,
United States Code, while away from their homes or regular places of business in the performance of
services for the Commission.
"(3) O
.—The members of the Commission appointed by the Secretary of the
Interior and staff of the Commission may be allowed necessary travel expenses as authorized by section
5702 of title 5, United States Code, while away from their homes or regular places of business in the
performance of services for the Commission.
"(f) D
.—The Commission shall—
"(1) prepare, in cooperation with Federal, State, local, and nongovernmental partners, a plan to
commemorate the centennial of the National Wildlife Refuge System beginning on March 14, 2003;
"(2) coordinate the activities of the partners under the plan; and
"(3) plan and host, in cooperation with the partners, a conference on the National Wildlife Refuge
System, and assist in the activities of the conference.
"(g) S
.—Subject to the availability of appropriations, the Commission may employ such staff as are
necessary to carry out the duties of the Commission.
"(h) D
.—
"(1) I
.—The Commission may, in accordance with criteria established under paragraph (2),
accept and use donations of money, personal property, or personal services.
"(2) C
.—The Commission shall establish written criteria to be used in determining whether the
acceptance of gifts or donations under paragraph (1) would—
"(A) reflect unfavorably on the ability of the Commission or any employee of the Commission to
carry out its responsibilities or official duties in a fair and objective manner; or
"(B) compromise the integrity or the appearance of the integrity of any person involved in the
activities of the Commission.
"(i) A
S
.—Upon the request of the Commission—
"(1) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife
Service, may provide to the Commission such administrative support services as are necessary for the

Commission to carry out the duties of the Commission under this title, including services relating to
budgeting, accounting, financial reporting, personnel, and procurement; and
"(2) the head of any other appropriate Federal agency may provide to the Commission such advice and
assistance, with or without reimbursement, as are appropriate to assist the Commission in carrying out the
duties of the Commission.
"(j) R
.—
"(1) A
.—Not later than 1 year after the effective date of this title, and annually
thereafter, the Commission shall submit to Congress a report on the activities and plans of the Commission.
"(2) F
.—Not later than September 30, 2004, the Commission shall submit to the
Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the
Committee on Environment and Public Works of the Senate a final report on the activities of the
Commission, including an accounting of all funds received and expended by the Commission.
"(k) T
.—
"(1) I
.—The Commission shall terminate 90 days after the date on which the Commission
submits the final report under subsection (j).
"(2) D
.—Upon termination of the Commission and after consultation with the
Archivist of the United States and the Secretary of the Smithsonian Institution, the Secretary of the Interior
may—
"(A)(i) deposit all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and
other similar materials of the Commission relating to the centennial of the National Wildlife Refuge
System in Federal, State, or local libraries or museums; or
"(ii) otherwise dispose of such materials; and
"(B)(i) use other property acquired by the Commission for the purposes of the National Wildlife
Refuge System; or
"(ii) treat such property as excess property.
"SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS REGARDING THE
OPERATION AND MAINTENANCE BACKLOG.
"(a) U
L
-T
P
.—Not later than March 1, 2002, the Secretary of the Interior shall prepare
and submit to Congress and the President a unified long-term plan to address priority operation, maintenance,
and construction needs of the National Wildlife Refuge System, including—
"(1) priority staffing needs of the System; and
"(2) operation, maintenance, and construction needs as identified in—
"(A) the Refuge Operating Needs System;
"(B) the Maintenance Management System;
"(C) the 5-year deferred maintenance list;
"(D) the 5-year construction list;
"(E) the United States Fish and Wildlife Service report entitled 'Fulfilling the Promise of
America's National Wildlife Refuge System'; and
"(F) individual refuge comprehensive conservation plans.
"(b) A
S
.—Beginning with the submission to Congress of the budget for fiscal year 2003,
the Secretary of the Interior shall prepare and submit to Congress, in the context of each annual budget
submission, a report that contains—
"(1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the
operation and maintenance backlog as identified in the long-term plan under subsection (a); and
"(2) a specification of transition costs, in the prior, current, and upcoming fiscal years, as identified in
the analysis of newly acquired refuge land prepared by the Department of the Interior, and a description of
the method used to determine the priority status of the transition costs.
"SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.
"(a) F
.—Congress finds that designation of the year 2003 as the 'Year of the National Wildlife
Refuge' would promote the goal of increasing public appreciation of the importance of the National Wildlife
Refuge System.
"(b) P
.—The President is requested to issue a proclamation calling on the people of the United
States to conduct appropriate programs, ceremonies, and activities to accomplish the goal of such a year.

"SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out the activities of the Commission under this title—
"(1) $100,000 for fiscal year 2001; and
"(2) $250,000 for each of fiscal years 2002 through 2004.
"SEC. 307. EFFECTIVE DATE.
"This title takes effect on January 20, 2001."

C
F
Pub. L. 105–57, §2, Oct. 9, 1997, 111 Stat. 1252, provided that: "The Congress finds the following:
"(1) The National Wildlife Refuge System is comprised of over 92,000,000 acres of Federal lands that
have been incorporated within 509 individual units located in all 50 States and the territories of the United
States.
"(2) The System was created to conserve fish, wildlife, and plants and their habitats and this
conservation mission has been facilitated by providing Americans opportunities to participate in compatible
wildlife-dependent recreation, including fishing and hunting, on System lands and to better appreciate the
value of and need for fish and wildlife conservation.
"(3) The System serves a pivotal role in the conservation of migratory birds, anadromous and
interjurisdictional fish, marine mammals, endangered and threatened species, and the habitats on which
these species depend.
"(4) The System assists in the fulfillment of important international treaty obligations of the United
States with regard to fish, wildlife, and plants and their habitats.
"(5) The System includes lands purchased not only through the use of tax dollars but also through the
proceeds from sales of Duck Stamps and national wildlife refuge entrance fees. It is a System that is
financially supported by those benefiting from and utilizing it.
"(6) When managed in accordance with principles of sound fish and wildlife management and
administration, fishing, hunting, wildlife observation, and environmental education in national wildlife
refuges have been and are expected to continue to be generally compatible uses.
"(7) On March 25, 1996, the President issued Executive Order 12996 [set out below], which
recognized 'compatible wildlife-dependent recreational uses involving hunting, fishing, wildlife observation
and photography, and environmental education and interpretation as priority public uses of the Refuge
System'.
"(8) Executive Order 12996 is a positive step and serves as the foundation for the permanent statutory
changes made by this Act [see Short Title of 1997 Amendment note above]."
S
C
W
R
A
Pub. L. 105–57, §9, Oct. 9, 1997, 111 Stat. 1260, provided that:
"(a) I G
.—Nothing in this Act [see Short Title of 1997 Amendment note above] is intended to
affect—
"(1) the provisions for subsistence uses in Alaska set forth in the Alaska National Interest Lands
Conservation Act (Public Law 96–487) [see Short Title note set out under section 3101 of this title],
including those in titles III [enacting provisions listed in a table of National Wildlife Refuges set out below
and provisions set out as a note under section 3145 of this title] and VIII [16 U.S.C. 3111 et seq.] of that
Act;
"(2) the provisions of section 102 of the Alaska National Interest Lands Conservation Act [16 U.S.C.
3102], the jurisdiction over subsistence uses in Alaska, or any assertion of subsistence uses in Alaska in the
Federal courts; and
"(3) the manner in which section 810 of the Alaska National Interest Lands Conservation Act [16
U.S.C. 3120] is implemented in national wildlife refuges in Alaska.
"(b) C
L
.—If any conflict arises between any provision of this Act and any provision of the
Alaska National Interest Lands Conservation Act, then the provision in the Alaska National Interest Lands
Conservation Act shall prevail."
L
T
C
,P
A F
B ,N
Pub. L. 102–154, title III, §319, Nov. 13, 1991, 105 Stat. 1036, provided that:

H

"(a) T
A F
.—Notwithstanding any other provision of law, the Secretary of the Air
Force shall transfer to the Department of the Interior a parcel of real property located west of McIntyre Road
at the site of former Pease Air Force Base, New Hampshire: Provided, That the Secretary of the Air Force
shall retain responsibility for any hazardous substances which may be found on the property so transferred.
"(b) E
N
W
R
.—Except as provided in subsection (c), the Secretary
of the Interior shall designate the parcel of land transferred under subsection (a) as an area in the National
Wildlife Refuge System under the authority of section 4 of the Act of October 15, 1966 (16 U.S.C. 688dd).
"(c) C
S
N H
.—
"(1) C
.—Subject to paragraphs (2) through (5), the Secretary of the Interior shall convey to
the State of New Hampshire, without consideration, all right, title, and interest of the United States in and to
a parcel of real property consisting of not more than 100 acres that is a part of the real property transferred
to the Secretary under subsection (a) and that the Secretary determines to be suitable for use as a cemetery.
"(2) C
.—The conveyance under paragraph (1) shall be subject to the
condition that the State of New Hampshire use the property conveyed under that paragraph only for the
purpose of establishing and operating a State cemetery for veterans.
"(3) R
.—If the Secretary determines at any time that the State of New Hampshire is not
complying with the condition specified in paragraph (2), all right, title, and interest in and to the property
conveyed pursuant to paragraph (1), including any improvements thereon, shall revert to the United States
and the United States shall have the right of immediate entry thereon.
"(4) D
.—The exact acreage and legal description of the parcel of real property
to be conveyed under paragraph (1) shall be determined by a survey that is satisfactory to the Secretary.
"(5) A
.—The Secretary may require any additional terms or
conditions in connection with the conveyance under this subsection that the Secretary determines
appropriate to protect the interests of the United States.
"(d) The purposes for which this national wildlife refuge is established are—
"(1) to encourage the natural diversity of plant, fish, and wildlife species within the refuge, and to
provide for their conservation and management;
"(2) to protect species listed as endangered or threatened, or identified as candidates for listing
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
"(3) to preserve and enhance the water quality of aquatic habitat within the refuge; and
"(4) to fulfill the international treaty obligations of the United States relating to fish and wildlife."

N

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R

Provisions relating to national wildlife refuges were contained in the following acts and executive
documents:
Alaska Maritime National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III, §303(1), Dec. 2,
1980, 94 Stat. 2389; Pub. L. 101–622, Nov. 21, 1990, 104 Stat. 3347; Pub. L. 102–489, Oct. 24,
1992, 106 Stat. 3138; Pub. L. 106–554, §1(a)(4) [div. A, §302], Dec. 21, 2000, 114 Stat. 2763,
2763A–180; Pub. L. 107–239, Oct. 11, 2002, 116 Stat. 1488; Pub. L. 107–314, div. B, title
XXVIII, §2853, Dec. 2, 2002, 116 Stat. 2727.
Alaska Peninsula National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(1), Dec. 2,
1980, 94 Stat. 2385; Pub. L. 111–11, title VI, §§6401–6406, Mar. 30, 2009, 123 Stat. 1177–1182.
Amagansett National Wildlife Refuge, New York.—Pub. L. 104–148, §1, May 24, 1996, 110 Stat.
1378.
Aransas National Wildlife Refuge, Myrtle Foester Whitmire Division, Texas.—Pub. L. 102–226, §1,
Dec. 11, 1991, 105 Stat. 1685.
Arctic National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III, §303(2), Dec. 2, 1980, 94 Stat.
2390; Pub. L. 115–97, title II, §20001(b)(2)(B), Dec. 22, 2017, 131 Stat. 2236.
Arthur R. Marshall Loxahatchee National Wildlife Refuge, Florida.—Pub. L. 99–615, Nov. 6, 1986,
100 Stat. 3484.

Atchafalaya National Wildlife Refuge, Louisiana.—Pub. L. 98–548, title III, Oct. 26, 1984, 98 Stat.
2776; Pub. L. 99–625, §2, Nov. 7, 1986, 100 Stat. 3502.
Baca National Wildlife Refuge, Colorado.—Pub. L. 106–530, §6, Nov. 22, 2000, 114 Stat. 2530.
Bandon Marsh National Wildlife Refuge, Oregon.—Pub. L. 97–137, title I, Dec. 29, 1981, 95 Stat.
1709; Pub. L. 105–321, §5, Oct. 30, 1998, 112 Stat. 3025.
Bayou Cocodrie National Wildlife Refuge, Louisiana.—Pub. L. 101–593, title I, §108, Nov. 16,
1990, 104 Stat. 2956.
Bayou Sauvage Urban National Wildlife Refuge, Louisiana.—Pub. L. 99–645, title V, §502, Nov.
10, 1986, 100 Stat. 3590; Pub. L. 104–253, §2, Oct. 9, 1996, 110 Stat. 3167.
Becharof National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(2), Dec. 2, 1980, 94
Stat. 2385.
Billy Frank Jr. Nisqually National Wildlife Refuge (former Nisqually National Wildlife Refuge),
Washington.—Pub. L. 113–76, div. G, title I, §126, Jan. 17, 2014, 128 Stat. 315; Pub. L. 114–101,
§2, Dec. 18, 2015, 129 Stat. 2203.
Bitter Lake National Wildlife Refuge, New Mexico.—Pub. L. 108–7, div. F, title I, §139, Feb. 20,
2003, 117 Stat. 244.
Blackwater National Wildlife Refuge, Maryland.—Pub. L. 108–131, Nov. 22, 2003, 117 Stat. 1372.
Bogue Chitto National Wildlife Refuge, Louisiana and Mississippi.—Pub. L. 96–288, June 28,
1980, 94 Stat. 603; Pub. L. 99–191, §3, Dec. 19, 1985, 99 Stat. 1327; Pub. L. 101–233, §17, Dec.
13, 1989, 103 Stat. 1978.
Bon Secour National Wildlife Refuge, Alabama.—Pub. L. 96–267, June 9, 1980, 94 Stat. 483; Pub.
L. 99–191, §1, Dec. 19, 1985, 99 Stat. 1327.
Cache River National Wildlife Refuge, Arkansas.—Pub. L. 102–584, §§1–5, Nov. 2, 1992, 106 Stat.
4937–4941.
Cahaba River National Wildlife Refuge, Alabama.—Pub. L. 106–331, Oct. 19, 2000, 114 Stat.
1303; Pub. L. 106–369, §9(b), Oct. 27, 2000, 114 Stat. 1419; Pub. L. 109–363, title V, Oct. 17,
2006, 120 Stat. 2078.
Cape Romain National Wildlife Refuge, South Carolina.—Pub. L. 107–63, title I, §129, Nov. 5,
2001, 115 Stat. 442.
Cat Island National Wildlife Refuge, Louisiana.—Pub. L. 106–369, §§1–7, Oct. 27, 2000, 114 Stat.
1417–1419.
Charles M. Russell National Wildlife Refuge, Montana.—Pub. L. 106–541, title VIII, Dec. 11,
2000, 114 Stat. 2699; Pub. L. 111–85, title I, §123, Oct. 28, 2009, 123 Stat. 2852.
Cibola National Wildlife Refuge, California.—Pub. L. 109–127, Dec. 7, 2005, 119 Stat. 2548.
Clarks River National Wildlife Refuge, Kentucky.—Pub. L. 104–208, div. A, title I, §101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–185.
Columbia National Wildlife Refuge, Washington.—Pub. L. 106–291, title I, §138, Oct. 11, 2000,
114 Stat. 949.
Cossatot National Wildlife Refuge, Arkansas.—Pub. L. 104–333, div. I, title III, §305(h), Nov. 12,
1996, 110 Stat. 4130.
Desert National Wildlife Range, Nevada.—Pub. L. 107–282, title III, §301, Nov. 6, 2002, 116 Stat.
2006; Pub. L. 108–424, title VI, §601, Nov. 30, 2004, 118 Stat. 2419.
Detroit River International Wildlife Refuge (former Wyandotte National Wildlife Refuge),
Michigan.—Pub. L. 87–119, Aug. 3, 1961, 75 Stat. 243; Pub. L. 107–91, Dec. 21, 2001, 115 Stat.
894; Pub. L. 108–23, May 19, 2003, 117 Stat. 704.
Don Edwards San Francisco Bay National Wildlife Refuge, California.—Pub. L. 92–326, June 30,
1972, 86 Stat. 391; Pub. L. 96–290, §1, June 28, 1980, 94 Stat. 607; Pub. L. 100–556, title II, Oct.
28, 1988, 102 Stat. 2780; Pub. L. 104–78, §1, Dec. 28, 1995, 109 Stat. 790.

Edwin B. Forsythe National Wildlife Refuge, New Jersey.—Pub. L. 98–293, May 22, 1984, 98 Stat.
207.
Egmont Key National Wildlife Refuge, Florida.—Pub. L. 93–341, July 10, 1974, 88 Stat. 295.
Elizabeth Hartwell Mason Neck National Wildlife Refuge (former Mason Neck National Wildlife
Refuge), Virginia.—Pub. L. 106–291, title I, §120, Oct. 11, 2000, 114 Stat. 944; Pub. L. 109–269,
§1, Aug. 12, 2006, 120 Stat. 682.
Ernest F. Hollings ACE Basin National Wildlife Refuge, South Carolina.—Pub. L. 108–447, div. E,
title I, §137, Dec. 8, 2004, 118 Stat. 3068.
Flattery Rocks National Wildlife Refuge, Washington.—Ex. Ord. No. 703, Oct. 23, 1907; Proc. No.
2416, July 25, 1940, 54 Stat. 2717; Pub. L. 100–226, §3, Dec. 31, 1987, 101 Stat. 1550.
Grays Harbor National Wildlife Refuge, Washington.—Pub. L. 100–406, Aug. 19, 1988, 102 Stat.
1041.
Great Dismal Swamp National Wildlife Refuge, Virginia and North Carolina.—Pub. L. 93–402,
Aug. 30, 1974, 88 Stat. 801.
Hart Mountain National Antelope Refuge, Oregon.—Pub. L. 105–321, §4(a)–(d), Oct. 30, 1998, 112
Stat. 3023.
Hobe Sound National Wildlife Refuge (see Nathaniel P. Reed Hobe Sound National Wildlife
Refuge).
Holt Collier National Wildlife Refuge (former Bogue Phalia Unit of the Yazoo National Wildlife
Refuge), Mississippi.—Pub. L. 108–199, div. H, §145(g)(1), Jan. 23, 2004, 118 Stat. 444.
Humboldt Bay National Wildlife Refuge, California.—Pub. L. 96–290, §2, June 28, 1980, 94 Stat.
607; Pub. L. 107–130, Jan. 16, 2002, 115 Stat. 2409.
Innoko National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(3), Dec. 2, 1980, 94 Stat.
2386.
Izembek National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(3), Dec. 2, 1980, 94
Stat. 2390; Pub. L. 111–11, title VI, §§6401–6406, Mar. 30, 2009, 123 Stat. 1177–1182.
James Campbell National Wildlife Refuge, Hawaii.—Pub. L. 109–225, May 25, 2006, 120 Stat.
378.
John H. Chafee National Wildlife Refuge (former Pettaquamscutt Cove National Wildlife Refuge),
Rhode Island.—Pub. L. 100–610, title II, Nov. 5, 1988, 102 Stat. 3176; Pub. L. 102–212, title II,
§202, Dec. 11, 1991, 105 Stat. 1660; Pub. L. 104–212, title II, Oct. 1, 1996, 110 Stat. 3014; Pub.
L. 106–53, title V, §565(c), Aug. 17, 1999, 113 Stat. 367.
John Heinz National Wildlife Refuge at Tinicum (former Tinicum National Environmental Center),
Pennsylvania.—Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995; Pub. L. 103–340, §7,
formerly §6, Oct. 6, 1994, 108 Stat. 3120, renumbered §7, Pub. L. 106–369, §9(a), Oct. 27, 2000,
114 Stat. 1419; Pub. L. 109–166, §4, Jan. 10, 2006, 119 Stat. 3577.
Kanuti National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(4), Dec. 2, 1980, 94 Stat.
2386.
Kenai National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III, §303(4), Dec. 2, 1980, 94 Stat.
2391; Pub. L. 104–333, div. I, title III, §311(d)(3), Nov. 12, 1996, 110 Stat. 4142.
Kilauea Point National Wildlife Refuge, Hawaii.—Pub. L. 108–481, Dec. 23, 2004, 118 Stat. 3910.
Klamath Marsh National Wildlife Refuge, Oregon.—Act Aug. 13, 1954, ch. 732, §28, as added Pub.
L. 85–731, §1, Aug. 23, 1958, 72 Stat. 816; amended Pub. L. 86–247, Sept. 9, 1959, 73 Stat. 477;
Pub. L. 105–312, title II, §205, Oct. 30, 1998, 112 Stat. 2957; Pub. L. 105–321, §4(e), Oct. 30,
1998, 112 Stat. 3025.
Kodiak National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(5), Dec. 2, 1980, 94 Stat.
2391.
Koyukuk National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(5), Dec. 2, 1980, 94

Stat. 2386.
Mason Neck National Wildlife Refuge, Virginia (see Elizabeth Hartwell Mason Neck National
Wildlife Refuge).
McNary National Wildlife Refuge, Washington.—Pub. L. 106–53, title V, §563(l), Aug. 17, 1999,
113 Stat. 365; Pub. L. 110–114, title III, §3164, Nov. 8, 2007, 121 Stat. 1151.
Midway Atoll National Wildlife Refuge, Midway Islands.—Ex. Ord. No. 13022, §3(a), Oct. 31,
1996, 61 F.R. 56875; Pub. L. 107–206, title I, §703, Aug. 2, 2002, 116 Stat. 864.
Minnesota Valley National Wildlife Refuge, Minnesota.—Pub. L. 94–466, Oct. 8, 1976, 90 Stat.
1992.
Mountain Longleaf National Wildlife Refuge, Alabama.—Pub. L. 107–314, div. B, title XXVIII,
§2821, Dec. 2, 2002, 116 Stat. 2710.
Nathaniel P. Reed Hobe Sound National Wildlife Refuge (former Hobe Sound National Wildlife
Refuge), Florida.—Pub. L. 115–282, title VIII, §837, Dec. 4, 2018, 132 Stat. 4321; Pub. L. 115–
432, Jan. 10, 2019, 132 Stat. 5522.
Neal Smith National Wildlife Refuge, Iowa.—Pub. L. 105–83, title III, §341, Nov. 14, 1997, 111
Stat. 1604.
Ninigret National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I, §1214(g), (i), June 9,
1998, 112 Stat. 206, 207; Pub. L. 105–206, title IX, §9006(d), July 22, 1998, 112 Stat. 849.
Nisqually National Wildlife Refuge, Washington (see Billy Frank Jr. Nisqually National Wildlife
Refuge).
North Platte National Wildlife Refuge, Nebraska.—Pub. L. 104–212, title I, §101, Oct. 1, 1996, 110
Stat. 3014.
Nowitna National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(6), Dec. 2, 1980, 94
Stat. 2387.
Oahu National Wildlife Refuge Complex, Hawaii.—Pub. L. 104–209, §1, Oct. 1, 1996, 110 Stat.
3010.
Ottawa National Wildlife Refuge Complex, Ohio.—Pub. L. 108–23, May 19, 2003, 117 Stat. 704.
Oxbow National Wildlife Refuge, Massachusetts.—Pub. L. 103–337, div. B, title XXVIII, §2846,
Oct. 5, 1994, 108 Stat. 3071; Pub. L. 104–106, div. B, title XXVIII, §2853, Feb. 10, 1996, 110
Stat. 567.
Pettaquamscutt Cove National Wildlife Refuge, Rhode Island (see John H. Chafee National Wildlife
Refuge).
Pocosin Lakes National Wildlife Refuge, North Carolina.—Pub. L. 103–232, title III, Apr. 11, 1994,
108 Stat. 339.
Protection Island National Wildlife Refuge, Washington.—Pub. L. 97–333, Oct. 15, 1982, 96 Stat.
1623.
Quillayute Needles National Wildlife Refuge, Washington.—Ex. Ord. No. 705, Oct. 23, 1907; Proc.
No. 2416, July 25, 1940, 54 Stat. 2717; Pub. L. 100–226, §3, Dec. 31, 1987, 101 Stat. 1550.
Red River National Wildlife Refuge, Louisiana.—Pub. L. 106–300, Oct. 13, 2000, 114 Stat. 1055;
Pub. L. 106–369, §9(c), Oct. 27, 2000, 114 Stat. 1419.
Rhode Island National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I, §1214(j), June 9,
1998, 112 Stat. 207.
Ridgefield National Wildlife Refuge, Washington.—Pub. L. 102–570, §1, Oct. 29, 1992, 106 Stat.
4489.
Rocky Flats National Wildlife Refuge, Colorado.—Pub. L. 107–107, div. C, title XXXI, Dec. 28,
2001, 115 Stat. 1379; Pub. L. 109–163, div. C, title XXXI, §3112(b)(7), Jan. 6, 2006, 119 Stat.
3541.
Rocky Mountain Arsenal National Wildlife Refuge, Colorado.—Pub. L. 102–402, Oct. 9, 1992, 106

Stat. 1961; Pub. L. 105–85, div. B, title XXVIII, §2840, Nov. 18, 1997, 111 Stat. 2007; Pub. L.
114–328, div. B, title XXVIII, §2829C, Dec. 23, 2016, 130 Stat. 2731.
Sachuest Point National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I, §1214(f), (h),
June 9, 1998, 112 Stat. 206, 207.
Sailors' Snug Harbor National Wildlife Refuge, New York.—Pub. L. 96–315, §2, July 25, 1980, 94
Stat. 957.
St. Marks National Wildlife Refuge, Florida.—Pub. L. 109–241, title V, §504, July 11, 2006, 120
Stat. 551.
Sam D. Hamilton Noxubee National Wildlife Refuge (former Noxubee National Wildlife Refuge),
Mississippi.—Pub. L. 112–94, Feb. 14, 2012, 126 Stat. 10.
San Diego National Wildlife Refuge, California.—Pub. L. 106–398, §1 [div. B, title XXVIII,
§2848], Oct. 30, 2000, 114 Stat. 1654, 1654A–426.
Seal Beach National Wildlife Refuge, California.—Pub. L. 92–408, Aug. 29, 1972, 86 Stat. 633.
Selawik National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(7), Dec. 2, 1980, 94
Stat. 2387.
Senator Dale Bumpers White River National Wildlife Refuge (former White River National Wildlife
Refuge), Arkansas.—Pub. L. 102–584, §§1–5, Nov. 2, 1992, 106 Stat. 4937–4941; Pub. L. 113–
76, div. G, title I, §120, Jan. 17, 2014, 128 Stat. 314.
Silvio Conte National Fish and Wildlife Refuge, Connecticut, Massachusetts, New Hampshire, and
Vermont.—Pub. L. 102–212, title I, Dec. 11, 1991, 105 Stat. 1655.
Sonny Bono Salton Sea National Wildlife Refuge, California.—Pub. L. 105–372, title I, §103, Nov.
12, 1998, 112 Stat. 3380.
Stewart B. McKinney National Wildlife Refuge, Connecticut.—Pub. L. 98–548, title II, Oct. 26,
1984, 98 Stat. 2774; Pub. L. 100–38, May 13, 1987, 101 Stat. 306; Pub. L. 101–443, §2, Oct. 19,
1990, 104 Stat. 1028.
Stillwater National Wildlife Refuge, Nevada.—Pub. L. 101–618, title II, §206(b), Nov. 16, 1990,
104 Stat. 3309.
Tensas River National Wildlife Refuge, Louisiana.—Pub. L. 96–285, June 28, 1980, 94 Stat. 595;
Pub. L. 99–191, §2, Dec. 19, 1985, 99 Stat. 1327; Pub. L. 104–253, §1, Oct. 9, 1996, 110 Stat.
3167.
Tetlin National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(8), Dec. 2, 1980, 94 Stat.
2388.
Theodore Roosevelt National Wildlife Refuge, Mississippi.—Pub. L. 108–199, div. H, §145, Jan.
23, 2004, 118 Stat. 443.
Theodore Roosevelt National Wildlife Refuge Complex (former Central Mississippi National
Wildlife Refuge Complex), Mississippi.—Pub. L. 108–199, div. H, §145(g)(2), Jan. 23, 2004, 118
Stat. 444.
Tinicum National Environmental Center (see John Heinz National Wildlife Refuge at Tinicum).
Togiak National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(6), Dec. 2, 1980, 94 Stat.
2392.
Waccamaw National Wildlife Refuge, South Carolina.—Pub. L. 107–63, title I, Nov. 5, 2001, 115
Stat. 420.
Wallkill River National Wildlife Refuge, New Jersey.—Pub. L. 101–593, title I, §107, Nov. 16,
1990, 104 Stat. 2955.
Wertheim National Wildlife Refuge, New York.—Pub. L. 106–113, div. B, §1000(a)(5) [title II,
§222], Nov. 29, 1999, 113 Stat. 1536, 1501A–299.
White River National Wildlife Refuge, Arkansas (see Senator Dale Bumpers White River National
Wildlife Refuge).

Wyandotte National Wildlife Refuge, Michigan (see Detroit River International Wildlife Refuge).
Yukon Delta National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(7), Dec. 2, 1980, 94
Stat. 2392; Pub. L. 108–129, Nov. 17, 2003, 117 Stat. 1358.
Yukon Flats National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(9), Dec. 2, 1980, 94
Stat. 2388.

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Falls of the Ohio National Wildlife Conservation Area, Kentucky.—Pub. L. 97–137, title II, Dec.
29, 1981, 95 Stat. 1710; Pub. L. 98–613, §10(c), (d), Oct. 31, 1984, 98 Stat. 3191; Pub. L. 105–
146, §2, Dec. 16, 1997, 111 Stat. 2672.

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Tinicum National Environmental Center, Pennsylvania.—Pub. L. 92–326, June 30, 1972, 86 Stat.
391; renamed John Heinz National Wildlife Refuge at Tinicum, Pub. L. 102–154, title I, Nov. 13,
1991, 105 Stat. 995.
E . O . N . 12996. M
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Ex. Ord. No. 12996, Mar. 25, 1996, 61 F.R. 13647, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
and in furtherance of the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a [et seq.]), the Fish and
Wildlife Coordination Act (16 U.S.C. 661 [et seq.]), the National Wildlife Refuge System Administration Act
(16 U.S.C. 668dd [, 668ee]), the Refuge Recreation Act (16 U.S.C. 460k [et seq.]), the Endangered Species
Act of 1973 (16 U.S.C. 1531 [et seq.]), the Emergency Wetlands Resources Act (16 U.S.C. 3901 [et seq.]), the
North American Wetlands Conservation Act (16 U.S.C. 4401 [et seq.]), the National Environmental Policy
Act (42 U.S.C. 4321 [et seq.]), and other pertinent statutes, and in order to conserve fish and wildlife and their
habitat, it is ordered as follows:
S
1. The Mission of the National Wildlife Refuge System. The mission of the National Wildlife
Refuge System ("Refuge System") is to preserve a national network of lands and waters for the conservation
and management of fish, wildlife, and plant resources of the United States for the benefit of present and future
generations.
S . 2. Guiding Principles. To help ensure a bright future for its treasured national heritage, I hereby affirm
the following four guiding principles for the management and general public use of the Refuge System:
(a) Public Use. The Refuge System provides important opportunities for compatible wildlife-dependent
recreational activities involving hunting, fishing, wildlife observation and photography, and environmental
education and interpretation.
(b) Habitat. Fish and wildlife will not prosper without high-quality habitat, and without fish and wildlife,
traditional uses of refuges cannot be sustained. The Refuge System will continue to conserve and enhance the
quality and diversity of fish and wildlife habitat within refuges.
(c) Partnerships. America's sportsmen and women were the first partners who insisted on protecting
valuable wildlife habitat within wildlife refuges. Conservation partnerships with other Federal agencies, State
agencies, Tribes, organizations, industry, and the general public can make significant contributions to the
growth and management of the Refuge System.
(d) Public Involvement. The public should be given a full and open opportunity to participate in decisions
regarding acquisition and management of our National Wildlife Refuges.
S . 3. Directives to the Secretary of the Interior. To the extent consistent with existing laws and
interagency agreements, the Secretary of the Interior, in carrying out his trustee and stewardship

responsibilities for the Refuge System, is directed to:
(a) recognize compatible wildlife-dependent recreational activities involving hunting, fishing, wildlife
observation and photography, and environmental education and interpretation as priority general public uses
of the Refuge System through which the American public can develop an appreciation for fish and wildlife;
(b) provide expanded opportunities for these priority public uses within the Refuge System when they are
compatible and consistent with sound principles of fish and wildlife management, and are otherwise in the
public interest;
(c) ensure that such priority public uses receive enhanced attention in planning and management within the
Refuge System;
(d) provide increased opportunities for families to experience wildlife-dependent recreation, particularly
opportunities for parents and their children to safely engage in traditional outdoor activities, such as fishing
and hunting;
(e) ensure that the biological integrity and environmental health of the Refuge System is maintained for the
benefit of present and future generations of Americans;
(f) continue, consistent with existing laws and interagency agreements, authorized or permitted uses of units
of the Refuge System by other Federal agencies, including those necessary to facilitate military preparedness;
(g) plan and direct the continued growth of the Refuge System in a manner that is best designed to
accomplish the mission of the Refuge System, to contribute to the conservation of the ecosystems of the
United States, and to increase support for the Refuge System and participation from conservation partners and
the public;
(h) ensure timely and effective cooperation and collaboration with Federal agencies and State fish and
wildlife agencies during the course of acquiring and managing National Wildlife Refuges;
(i) ensure appropriate public involvement opportunities will be provided in conjunction with refuge
planning and management activities; and
(j) identify, prior to acquisition, existing compatible wildlife-dependent uses of new refuge lands that shall
be permitted to continue on an interim basis pending completion of comprehensive planning.
S . 4. Judicial Review. This order does not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

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.

§668ee. Definitions
For purposes of this Act:
(1) The term "compatible use" means a wildlife-dependent recreational use or any other use of a
refuge that, in the sound professional judgment of the Director, will not materially interfere with or
detract from the fulfillment of the mission of the System or the purposes of the refuge.
(2) The terms "wildlife-dependent recreation" and "wildlife-dependent recreational use" mean a
use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental
education and interpretation.
(3) The term "sound professional judgment" means a finding, determination, or decision that is
consistent with principles of sound fish and wildlife management and administration, available
science and resources, and adherence to the requirements of this Act and other applicable laws.
(4) The terms "conserving", "conservation", "manage", "managing", and "management", mean
to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and
plants utilizing, in accordance with applicable Federal and State laws, methods and procedures
associated with modern scientific resource programs. Such methods and procedures include,
consistent with the provisions of this Act, protection, research, census, law enforcement, habitat
management, propagation, live trapping and transplantation, and regulated taking.
(5) The term "Coordination Area" means a wildlife management area that is made available to a
State—

(A) by cooperative agreement between the United States Fish and Wildlife Service and a
State agency having control over wildlife resources pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones Farm
Tenant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).
(6) The term "Director" means the Director of the United States Fish and Wildlife Service or a
designee of that Director.
(7) The terms "fish", "wildlife", and "fish and wildlife" mean any wild member of the animal
kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born
in captivity, including a part, product, egg, or offspring of the member.
(8) The term "person" means any individual, partnership, corporation, or association.
(9) The term "plant" means any member of the plant kingdom in a wild, unconfined state,
including any plant community, seed, root, or other part of a plant.
(10) The terms "purposes of the refuge" and "purposes of each refuge" mean the purposes
specified in or derived from the law, proclamation, executive order, agreement, public land order,
donation document, or administrative memorandum establishing, authorizing, or expanding a
refuge, refuge unit, or refuge subunit.
(11) The term "refuge" means a designated area of land, water, or an interest in land or water
within the System, but does not include Coordination Areas.
(12) The term "Secretary" means the Secretary of the Interior.
(13) The terms "State" and "United States" mean the several States of the United States, Puerto
Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United
States.
(14) The term "System" means the National Wildlife Refuge System designated under section
668dd(a)(1) of this title.
(15) The terms "take", "taking", and "taken" mean to pursue, hunt, shoot, capture, collect, or
kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.
(Pub. L. 89–669, §5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105–57, §3(a), Oct. 9, 1997, 111 Stat.
1253.)
R
T
This Act, referred to in text, means Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, as amended, which enacted
sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed sections
715d–1, 715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.
The Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522,
as amended. Title III of the Act is classified generally to subchapter III (§1010 et seq.) of chapter 33 of Title 7,
Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1000
of Title 7 and Tables.
A
1997—Pub. L. 105–57 inserted section catchline and amended text generally. Prior to amendment, text read
as follows:
"(a) The term 'person' as used in this Act means any individual, partnership, corporation, or association.
"(b) The terms 'take' or 'taking' or 'taken' as used in this Act mean to pursue, hunt, shoot, capture, collect,
kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.
"(c) The terms 'State' and the 'United States' as used in this Act mean the several States of the United States,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam."

§§668ff to 668jj. Omitted
Sections, Pub. L. 92–330, June 30, 1972, 86 Stat. 399, which established San Francisco Bay National
Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife

Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The
San Francisco Bay National Wildlife Refuge [now Don Edwards San Francisco Bay National Wildlife
Refuge] has been set out in the table of National Wildlife Refuges under section 668dd of this title.

§§668kk to 668ss. Omitted
Sections, Pub. L. 94–466, Oct. 8, 1976, 90 Stat. 1992, which established Minnesota Valley National
Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife
Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The
Minnesota National Wildlife Refuge has been set out in the table of National Wildlife Refuges under section
668dd of this title.