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

§ 661

TITLE 16—CONSERVATION

in the waters of the Territory of Alaska are repealed.
(June 16, 1934, ch. 556, 48 Stat. 976; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; Pub. L. 92–522, title I, § 113(b), Oct. 21,
1972, 86 Stat. 1042.)
Editorial Notes
AMENDMENTS
1972—Pub. L. 92–522 struck out proviso prohibiting
killing of sea lions in waters of Alaska except under
rules and regulations prescribed by Secretary of the Interior.

Sec.

667a.
667b.

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

667f–1.
667f–2.
667f–3.

Executive Documents
TRANSFER OF FUNCTIONS
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, Government Organization and
Employees.
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 and functions of Secretary of Commerce relating to protection of fur seals
and other fur-bearing animals and supervision of
Pribilof Islands and care of natives thereof, to Department of the Interior.
ADMISSION OF ALASKA AS STATE
Admission of Alaska into the Union was accomplished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan.
3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections
1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set
out as notes preceding section 21 of Title 48, Territories
and Insular Possessions.

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.
666c–1.
666d.
666e.
666f.

666g.

667.

Short title; authorization.
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.
Protection of water, oceans, coasts, and wildlife from invasive species.
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.

Page 1148

667g.

667g–1.

667g–2.

667h.
667i.

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.
Chronic Wasting Disease Task Force.
Chronic wasting disease research and management program.

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. Short title; authorization
(a) Short title
This Act may be cited as the ‘‘Fish and Wildlife Coordination Act’’.
(b) Authorization
For the purpose of recognizing the vital contribution of our wildlife resources to the Nation,
the increasing public interest and significance
thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of
water-resource development programs through
the effectual and harmonious planning, development, maintenance, and coordination of wildlife
conservation and rehabilitation for the purposes
of this Act in the United States, its Territories
and possessions, the Secretary of the Interior is
authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all

Page 1149

§ 661

TITLE 16—CONSERVATION

species of wildlife, resources thereof, and their
habitat, in controlling losses of the same from
disease or other causes, in minimizing damages
from overabundant species, in providing public
shooting and fishing areas, including easements
across public lands for access thereto, and in
carrying out other measures necessary to effectuate the purposes of this Act; (2) to make surveys and investigations of the wildlife of the
public domain, including lands and waters or interests therein acquired or controlled by any
agency of the United States; and (3) to accept
donations of land and contributions of funds in
furtherance of the purposes of this Act.
(Mar. 10, 1934, ch. 55, § 1, 48 Stat. 401; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 563; Pub.
L. 116–9, title VII, § 7001(b)(2)(A), Mar. 12, 2019,
133 Stat. 779.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see Short Title note set out below
and Tables.
AMENDMENTS
2019—Pub. L. 116–9 inserted section catchline, designated existing provisions as subsec. (b), inserted
heading, and added subsec. (a).
1958—Pub. L. 85–624 inserted provisions which relate
to recognition of the vital contribution of wildlife resources to the Nation, the increasing public interest
and significance thereof, and to equal consideration
and coordination of wildlife conservation with other
water-resources development programs, and which authorize the Secretary to provide public fishing areas,
and to accept donations of lands and contributions of
funds.
1946—Act Aug. 14, 1946, amended section generally in
order to promote more effectual planning and cooperation between Federal, State, public, and private agencies for the conservation and rehabilitation of wildlife.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Section 1 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on
Dec. 8, 2021, which was enacted into law by Pub. L.
117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat.
5996, provided that: ‘‘This Act [probably means H.R.
5608 as enacted into law by Pub. L. 117–328, enacting
section 667i of this title, amending section 8302 of Title
7, Agriculture, and enacting provisions set out as a
note under section 667i of this title] may be cited as the
‘Chronic Wasting Disease Research and Management
Act’.’’
SHORT TITLE
Pub. L. 85–624, § 1, Aug. 12, 1958, 72 Stat. 563, provided:
‘‘That the Act of March 10, 1934, as amended [sections
661 to 666c–1 of this title], and as further amended by
this Act may be cited as the ‘Fish and Wildlife Coordination Act’.’’
TRANSFER OF FUNCTIONS
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.
APPROPRIATIONS
Pub. L. 85–624, § 4, Aug. 12, 1958, 72 Stat. 568, provided
that: ‘‘There is authorized to be appropriated and expended such funds as may be necessary to carry out the
purposes of this Act [amending this section and sections 662 to 664 of this title and enacting section 1008 of
this title].’’
STUDY OF SOFT- AND HARD-SHELL CLAMS
Act May 26, 1948, ch. 348, 62 Stat. 274, directed the
Fish and Wildlife Service to undertake, in cooperation
with appropriate State and interstate agencies in accordance with the provisions of the Act of August 14,
1946 (60 Stat. 1080), comprehensive studies of the softshell clam, Mya arenaria, and the hard-shell clam,
Venus mercenaria, with particular respect to the biology, propagation, and methods of cultivation of such
clams, required the Service to recommend appropriate
measures for (1) arresting depletion in existing productive beds; (2) restoring to production beds formerly productive but now barren or unusable; (3) developing new
areas which may be found suitable; (4) improving methods and techniques of digging, transplanting, and handling; and (5) otherwise increasing production and improving the quality of such clams for the benefit of
both producers and consumers, and authorized for the
five-year period beginning July 1, 1948, the sum of
$250,000 to carry out the studies of the soft-shell clam
and the sum of $250,000 to carry out the studies of the
hard-shell clam.
Executive Documents
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with wildlife consultation in act Mar. 10, 1934 (see
Short Title note above), and such functions of Secretary or other official in Department of Agriculture,
insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with
act Mar. 10, 1934, with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for
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.
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 De-

§ 662

TITLE 16—CONSERVATION

Page 1150

partment of the Interior to be known as the Fish and
Wildlife Service, and abolished the office of Commissioner and Deputy Commissioner of Fisheries and
transferred their functions to the consolidated agency.
Reorg. Plan No. II of 1939, set out in the Appendix to
Title 5, transferred Bureau of Fisheries in Department
of Commerce, and its functions, to Department of the
Interior; transferred functions of Secretary of Commerce relating to protection of fur seals and other furbearing animals to Secretary of the Interior; and transferred functions of Secretary of Agriculture relating to
conservation of wildlife, game, and migratory birds to
Secretary of the Interior.

year following the conclusion of the Conference, a comprehensive Recreational Hunting and Wildlife Conservation Plan that incorporates existing and ongoing
activities and sets forth a 10-year agenda for fulfilling
the actions identified in section 2 of this order.
SEC. 5. Judicial Review. This order is not intended to,
and does not, create any right, benefit, trust responsibility, or privilege, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other
person.
GEORGE W. BUSH.

EX. ORD. NO. 13443. FACILITATION OF HUNTING HERITAGE
AND WILDLIFE CONSERVATION

§ 662. Impounding, diverting, or controlling of
waters

Ex. Ord. No. 13443, Aug. 16, 2007, 72 F.R. 46537, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Purpose. The purpose of this order is to direct Federal agencies that have programs and activities that have a measurable effect on public land management, outdoor recreation, and wildlife management,
including the Department of the Interior and the Department of Agriculture, to facilitate the expansion
and enhancement of hunting opportunities and the
management of game species and their habitat.
SEC. 2. Federal Activities. Federal agencies shall, consistent with agency missions:
(a) Evaluate the effect of agency actions on trends in
hunting participation and, where appropriate to address declining trends, implement actions that expand
and enhance hunting opportunities for the public;
(b) Consider the economic and recreational values of
hunting in agency actions, as appropriate;
(c) Manage wildlife and wildlife habitats on public
lands in a manner that expands and enhances hunting
opportunities, including through the use of hunting in
wildlife management planning;
(d) Work collaboratively with State governments to
manage and conserve game species and their habitats
in a manner that respects private property rights and
State management authority over wildlife resources;
(e) Establish short and long term goals, in cooperation with State and tribal governments, and consistent
with agency missions, to foster healthy and productive
populations of game species and appropriate opportunities for the public to hunt those species;
(f) Ensure that agency plans and actions consider programs and recommendations of comprehensive planning efforts such as State Wildlife Action Plans, the
North American Waterfowl Management Plan, and
other range-wide management plans for big game and
upland game birds;
(g) Seek the advice of State and tribal fish and wildlife agencies, and, as appropriate, consult with the
Sporting Conservation Council and other organizations,
with respect to the foregoing Federal activities.
SEC. 3. North American Wildlife Policy Conference. The
Chairman of the Council on Environmental Quality
(Chairman) shall, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council and in cooperation with State
and tribal fish and wildlife agencies and the public,
convene not later than 1 year after the date of this
order, and periodically thereafter at such times as the
Chairman deems appropriate, a White House Conference on North American Wildlife Policy (Conference)
to facilitate the exchange of information and advice relating to the means for achieving the goals of this
order.
SEC. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The Chairman shall prepare, consistent
with applicable law and subject to the availability of
appropriations, in coordination with the appropriate
Federal agencies and in consultation with the Sporting
Conservation Council, and in cooperation with State
and tribal fish and wildlife agencies, not later than 1

(a) Consultations between agencies
Except as hereafter stated in subsection (h) of
this section, whenever the waters of any stream
or other body of water are proposed or authorized to be impounded, diverted, the channel
deepened, or the stream or other body of water
otherwise controlled or modified for any purpose
whatever, including navigation and drainage, by
any department or agency of the United States,
or by any public or private agency under Federal permit or license, such department or agency first shall consult with the United States
Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources
of the particular State wherein the impoundment, diversion, or other control facility is to be
constructed, with a view to the conservation of
wildlife resources by preventing loss of and damage to such resources as well as providing for
the development and improvement thereof in
connection with such water-resource development.
(b) Reports and recommendations; consideration
In furtherance of such purposes, the reports
and recommendations of the Secretary of the Interior on the wildlife aspects of such projects,
and any report of the head of the State agency
exercising administration over the wildlife resources of the State, based on surveys and investigations conducted by the United States Fish
and Wildlife Service and such State agency for
the purpose of determining the possible damage
to wildlife resources and for the purpose of determining means and measures that should be
adopted to prevent the loss of or damage to such
wildlife resources, as well as to provide concurrently for the development and improvement of
such resources, shall be made an integral part of
any report prepared or submitted by any agency
of the Federal Government responsible for engineering surveys and construction of such
projects when such reports are presented to the
Congress or to any agency or person having the
authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or
(2) to approve a report on the modification or
supplementation of plans for previously authorized projects, to which this Act applies. Recommendations of the Secretary of the Interior
shall be as specific as is practicable with respect
to features recommended for wildlife conservation and development, lands to be utilized or acquired for such purposes, the results expected,

Page 1151

§ 662

TITLE 16—CONSERVATION

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 this Act shall not be applicable to those projects for the impoundment of
water where the maximum surface area of such
impoundments is less than ten acres, nor to activities for or in connection with programs primarily for land management and use carried out
by Federal agencies with respect to Federal
lands under their jurisdiction.
(Mar. 10, 1934, ch. 55, § 2, 48 Stat. 401; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 564; Pub.
L. 89–72, § 6(b), July 9, 1965, 79 Stat. 216.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (h), is act
Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and
Wildlife Coordination Act, which is classified generally
to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of
this title, Short Title note set out under section 661 of
this title, and Tables.
The date of enactment of the Fish and Wildlife Coordination Act, referred to in subsecs. (c) and (g), probably refers to the date of enactment of Pub. L. 85–624,
which was approved Aug. 12, 1958, and which amended
sections 1 to 4 of the Act generally and enacted the
Short Title. See Short Title note set out under section
661 of this title.
AMENDMENTS
1965—Subsec. (d). Pub. L. 89–72 added cl. (2) to proviso, redesignated cls. (2) and (3) thereof as (3) and (4),
struck out ‘‘nor the construction of such facilities beyond those herein described’’ after ‘‘wildlife facilities’’

§ 663

TITLE 16—CONSERVATION

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

§ 663. Impoundment or diversion of waters
(a) Conservation, maintenance, and management
of wildlife resources; development and improvement
Subject to the exceptions prescribed in section
662(h) of this title, whenever the waters of any
stream or other body of water are impounded,
diverted, the channel deepened, or the stream or
other body of water otherwise controlled or
modified for any purpose whatever, including
navigation and drainage, by any department or
agency of the United States, adequate provision,
consistent with the primary purposes of such
impoundment, diversion, or other control, shall
be made for the use thereof, together with any
areas of land, water, or interests therein, acquired or administered by a Federal agency in
connection therewith, for the conservation,
maintenance, and management of wildlife resources thereof, and its habitat thereon, including the development and improvement of such
wildlife resources pursuant to the provisions of
section 662 of this title.
(b) Use and availability of waters, land, or interests therein
The use of such waters, land, or interests
therein for wildlife conservation purposes shall
be in accordance with general plans approved
jointly (1) by the head of the particular department or agency exercising primary administra-

Page 1152

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

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§ 665

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unless such lands are acquired to carry out the
National Migratory Bird Management Program.
(Mar. 10, 1934, ch. 55, § 3, 48 Stat. 401; 1940 Reorg.
Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54
Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081;
Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 566.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (c) and (e), is act
Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and
Wildlife Coordination Act, which is classified generally
to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of
this title, Short Title note set out under section 661 of
this title, and Tables.
Act of March 1, 1911, referred to in subsec. (f), is act
Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the
Weeks Law, which enacted former sections 513 and 514
and sections 515 to 519, 521, 552, and 563 of this title and
amended sections 480 and 500 of this title. For complete
classification of this Act to the Code, see Short Title
note set out under section 552 of this title and Tables.
AMENDMENTS
1958—Subsec. (a). Pub. L. 85–624 designated first sentence of existing provisions as subsec. (a), and, among
other changes, inserted ‘‘Subject to the exceptions prescribed in section 662(h) of this title’’ before ‘‘whenever
the waters’’, substituted ‘‘diverted, the channel deepened, or the stream or other body of water otherwise
controlled or modified for any purpose whatever, including navigation and drainage’’ for ‘‘diverted, or otherwise controlled for any purpose whatever’’, and inserted provisions requiring adequate provision to be
made for the development and improvement of wildlife
resources pursuant to the provisions of section 662 of
this title.
Subsec. (b). Pub. L. 85–624 designated second sentence
of existing provisions as subsec. (b), included the use of
land for wildlife conservation purpose, and provided
that nothing in this section shall be construed as effecting the authority of 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.
Executive Documents
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 664. Administration; rules and regulations;
availability of lands to State agencies
Such areas as are made available to the Secretary of the Interior for the purposes of this
Act, pursuant to sections 661 and 663 of this title
or pursuant to any other authorization, shall be
administered by him directly or in accordance
with cooperative agreements entered into pursuant to the provisions of section 661 of this title
and in accordance with such rules and regulations for the conservation, maintenance, and
management of wildlife, resources thereof, and
its habitat thereon, as may be adopted by the
Secretary in accordance with general plans approved jointly by the Secretary of the Interior

and the head of the department or agency exercising primary administration of such areas:
Provided, That such rules and regulations shall
not be inconsistent with the laws for the protection of fish and game of the States in which such
area is situated: Provided, further, That lands
having value to the National Migratory Bird
Management Program may, pursuant to general
plans, be made available without cost directly
to the State agency having control over wildlife
resources, if it is jointly determined by the Secretary of the Interior and such State agency
that this would be in the public interest: And
provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf
of the National Migratory Bird Management
Program if the Secretary finds that the State
agency has withdrawn from or otherwise relinquished such management and administration.
(Mar. 10, 1934, ch. 55, § 4, 48 Stat. 402; 1939 Reorg.
Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff.
June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14,
1946, ch. 965, 60 Stat. 1081; Pub. L. 85–624, § 2, Aug.
12, 1958, 72 Stat. 567.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see section 661(a) of this title,
Short Title note set out under section 661 of this title,
and Tables.
AMENDMENTS
1958—Pub. L. 85–624 permitted lands having value to
the National Bird Management Program to be made
available directly to the State agency having control
over wildlife resources.
1946—Act Aug. 14, 1946, amended section generally to
provide for administration of wildlife areas, and for the
promulgation of rules and regulations.
Executive Documents
TRANSFER OF FUNCTIONS
See Transfer of Functions note set out under section
661 of this title.

§ 665. Investigations as to effect of sewage, industrial wastes; reports
The Secretary of the Interior, through the
Fish and Wildlife Service and the United States
Bureau of Mines, is authorized to make such investigations as he deems necessary to determine
the effects of domestic sewage, mine, petroleum,
and industrial wastes, erosion silt, and other
polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating
dangerous and undesirable effects of such pollution. These investigations shall include (1) the
determination of standards of water quality for
the maintenance of wildlife; (2) the study of
methods of abating and preventing pollution, including methods for the recovery of useful or
marketable products and byproducts of wastes;
and (3) the collation and distribution of data on

§ 665a

TITLE 16—CONSERVATION

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. 1081;
Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat.
172.)

Page 1154
Editorial Notes
REFERENCES IN TEXT

This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see section 661(a) of this title,
Short Title note set out under section 661 of this title,
and Tables.
AMENDMENTS

Editorial Notes
AMENDMENTS
1946—Act Aug. 14, 1946, amended section generally to
provide for investigations as to the effect of sewage and
industrial waste on wildlife.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘United States Bureau of Mines’’ substituted in text
for ‘‘Bureau of Mines’’ pursuant to section 10(b) of Pub.
L. 102–285, set out as a note under section 1 of Title 30,
Mineral Lands and Mining. For provisions relating to
closure and transfer of functions of the United States
Bureau of Mines, see Transfer of Functions note set out
under section 1 of Title 30.

1946—Act Aug. 14, 1946, amended section generally to
provide for the necessary appropriations to carry out
the purposes of sections 661 to 666c of this title.

§ 666a. Penalties
Any person who shall violate any rule or regulation promulgated in accordance with this Act
shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500
or imprisoned for not more than one year, or
both.
(Mar. 10, 1934, ch. 55, § 7, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1082.)
Editorial Notes

Executive Documents

REFERENCES IN TEXT

TRANSFER OF FUNCTIONS

This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see section 661(a) of this title,
Short Title note set out under section 661 of this title,
and Tables.

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

§ 665a. Maintenance of adequate water levels in
upper Mississippi River
In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and
Minneapolis, Minnesota, administered by the
United States Corps of Engineers of the Department of the Army, that Department is directed
to give full consideration and recognition to the
needs of fish and other wildlife resources and
their habitat dependent on such waters, without
increasing additional liability to the Government, and, to the maximum extent possible
without causing damage to levee and drainage
districts, adjacent railroads and highways, farm
lands, and dam structures, shall generally operate and maintain pool levels as though navigation was carried on throughout the year.
(Mar. 10, 1934, ch. 55, § 5A, as added June 19, 1948,
ch. 528, 62 Stat. 497.)
§ 666. Authorization of appropriations
There is authorized to be appropriated from
time to time, out of any money in the Treasury
not otherwise appropriated, such amounts as
may be necessary to carry out the provisions of
this Act and regulations made pursuant thereto,
including the construction of such facilities,
buildings, and other improvements necessary for
economical administration of areas made available to the Secretary of the Interior under this
Act, and the employment in the city of Washington and elsewhere of such persons and means
as the Secretary of the Interior may deem necessary for such purposes.
(Mar. 10, 1934, ch. 55, § 6, 48 Stat. 402; Aug. 14,
1946, ch. 965, 60 Stat. 1081.)

§ 666b. Definitions
The terms ‘‘wildlife’’ and ‘‘wildlife resources’’
as used herein include birds, fishes, mammals,
and all other classes of wild animals and all
types of aquatic and land vegetation upon which
wildlife is dependent.
(Mar. 10, 1934, ch. 55, § 8, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1082.)
Editorial Notes
REFERENCES IN TEXT
Herein, referred to in text, means act Mar. 10, 1934,
ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this
title, Short Title note set out under section 661 of this
title, and Tables.

§ 666c. Applicability to Tennessee Valley Authority
The provisions of this Act shall not apply to
the Tennessee Valley Authority.
(Mar. 10, 1934, ch. 55, § 9, as added Aug. 14, 1946,
ch. 965, 60 Stat. 1082.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is act Mar. 10, 1934, ch.
55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661
to 666c–1 of this title. For complete classification of
this Act to the Code, see section 661(a) of this title,
Short Title note set out under section 661 of this title,
and Tables.

Page 1155

TITLE 16—CONSERVATION

§ 666c–1. Protection of water, oceans, coasts, and
wildlife from invasive species
(a) Definitions
In this section:
(1) Control
The term ‘‘control’’, with respect to an
invasive species, means the eradication, suppression, or reduction of the population of the
invasive species within the area in which the
invasive species is present.
(2) Ecosystem
The term ‘‘ecosystem’’ means the complex of
a community of organisms and the environment of the organisms.
(3) Eligible State
The term ‘‘eligible State’’ means any of— 1
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern
Mariana Islands; and
(G) the United States Virgin Islands.
(4) Invasive species
(A) In general
The term ‘‘invasive species’’ means an
alien species, the introduction of which
causes, or is likely to cause, economic or environmental harm or harm to human health.
(B) Associated definition
For purposes of subparagraph (A), the term
‘‘alien species’’, with respect to a particular
ecosystem, means any species (including the
seeds, eggs, spores, or other biological material of the species that are capable of propagating the species) that is not native to the
affected ecosystem.
(5) Manage; management
The terms ‘‘manage’’ and ‘‘management’’,
with respect to an invasive species, mean the
active implementation of any activity—
(A) to reduce or stop the spread of the
invasive species; and
(B) to inhibit further infestations of the
invasive species, the spread of the invasive
species, or harm caused by the invasive species, including investigations regarding
methods for early detection and rapid response, prevention, control, or management
of the invasive species.
(6) Prevent
The term ‘‘prevent’’, with respect to an
invasive species, means—
(A) to hinder the introduction of the
invasive species onto land or water; or
(B) to impede the spread of the invasive
species within land or water by inspecting,
intercepting, or confiscating invasive species
threats prior to the establishment of the
invasive species onto land or water of an eligible State.
(7) Secretary concerned
The term ‘‘Secretary concerned’’ means—
1 So

in original.

§ 666c–1

(A) the Secretary of the Army, with respect to Federal land administered by the
Corps of Engineers;
(B) the Secretary of the Interior, with respect to Federal land administered by the
Secretary of the Interior through—
(i) the United States Fish and Wildlife
Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with respect to Federal land administered by the
Secretary of Agriculture through the Forest
Service; and
(D) the head or a representative of any
other Federal agency the duties of whom require planning relating to, and the treatment of, invasive species for the purpose of
protecting water and wildlife on land and
coasts and in oceans and water.
(8) Species
The term ‘‘species’’ means a group of organisms, all of which—
(A) have a high degree of genetic similarity;
(B) are morphologically distinct;
(C) generally—
(i) interbreed at maturity only among
themselves; and
(ii) produce fertile offspring; and
(D) show persistent differences from members of allied groups of organisms.
(b) Control and management
Each Secretary concerned shall plan and carry
out activities on land directly managed by the
Secretary concerned to protect water and wildlife by controlling and managing invasive species—
(1) to inhibit or reduce the populations of
invasive species; and
(2) to effectuate restoration or reclamation
efforts.
(c) Strategic plan
(1) In general
Each Secretary concerned shall develop a
strategic plan for the implementation of the
invasive species program to achieve, to the
maximum extent practicable, a substantive
annual net reduction of invasive species populations or infested acreage on land or water
managed by the Secretary concerned.
(2) Coordination
Each strategic plan under paragraph (1) shall
be developed—
(A) in coordination with affected—
(i) relevant Federal agencies;
(ii) eligible States; and
(iii) political subdivisions of eligible
States;
(B) in consultation with stakeholders, including nongovernmental organizations and
industry;
(C) in consultation with federally recognized Indian tribes; and
(D) in accordance with the priorities established by 1 or more Governors of the eligible

§ 666c–1

TITLE 16—CONSERVATION

States in which an ecosystem affected by an
invasive species is located.
(3) Factors for consideration
In developing a strategic plan under this
subsection, the Secretary concerned shall take
into consideration the economic and ecological costs of action or inaction, as applicable.
(d) Cost-effective methods
In selecting a method to be used to control or
manage an invasive species as part of a specific
control or management project conducted as
part of a strategic plan developed under subsection (c), the Secretary concerned shall
prioritize the use of methods that—
(1) effectively control and manage invasive
species, as determined by the Secretary concerned, based on sound scientific data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in
the most cost-effective manner.
(e) Comparative economic assessment
To achieve compliance with subsection (d), the
Secretary concerned shall require a comparative
economic assessment of invasive species control
and management methods to be conducted.
(f) Expedited action
(1) In general
The Secretaries concerned shall use all tools
and flexibilities available (as of March 12, 2019)
to expedite the projects and activities described in paragraph (2).
(2) Description of projects and activities
A project or activity referred to in paragraph (1) is a project or activity—
(A) to protect water or wildlife from an
invasive species that, as determined by the
Secretary concerned is, or will be, carried
out on land or water that is—
(i) directly managed by the Secretary
concerned; and
(ii) located in an area that is—
(I) at high risk for the introduction, establishment, or spread of invasive species; and
(II) determined by the Secretary concerned to require immediate action to
address the risk identified in subclause
(I); and
(B) carried out in accordance with applicable agency procedures, including any applicable—
(i) land or resource management plan; or
(ii) land use plan.
(g) Allocation of funding
Of the amount appropriated or otherwise made
available to each Secretary concerned for a fiscal year for programs that address or include
protection of land or water from an invasive species, the Secretary concerned shall use not less
than 75 percent for on-the-ground control and
management of invasive species, which may include—
(1) the purchase of necessary products,
equipment, or services to conduct that control
and management;
(2) the use of integrated pest management
options, including options that use pesticides

Page 1156

authorized for sale, distribution, or use under
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(3) the use of biological control agents that
are proven to be effective to reduce invasive
species populations;
(4) the use of revegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems;
(5) the use of monitoring and detection activities for invasive species, including equipment, detection dogs, and mechanical devices;
(6) the use of appropriate methods to remove
invasive species from a vehicle or vessel capable of conveyance; or
(7) the use of other effective mechanical or
manual control methods.
(h) Investigations, outreach, and public awareness
Of the amount appropriated or otherwise made
available to each Secretary concerned for a fiscal year for programs that address or include
protection of land or water from an invasive species, the Secretary concerned may use not more
than 15 percent for investigations, development
activities, and outreach and public awareness efforts to address invasive species control and
management needs.
(i) Administrative costs
Of the amount appropriated or otherwise made
available to each Secretary concerned for a fiscal year for programs that address or include
protection of land or water from an invasive species, not more than 10 percent may be used for
administrative costs incurred to carry out those
programs, including costs relating to oversight
and management of the programs, recordkeeping, and implementation of the strategic
plan developed under subsection (c).
(j) Reporting requirements
Not later than 60 days after the end of the second fiscal year beginning after March 12, 2019,
each Secretary concerned shall submit to Congress a report—
(1) describing the use by the Secretary concerned during the 2 preceding fiscal years of
funds for programs that address or include
invasive species management; and
(2) specifying the percentage of funds expended for each of the purposes specified in
subsections (g), (h), and (i).
(k) Relation to other authority
(1) Other invasive species control, prevention,
and management authorities
Nothing in this section precludes the Secretary concerned from pursuing or supporting,
pursuant to any other provision of law, any
activity regarding the control, prevention, or
management of an invasive species, including
investigations to improve the control, prevention, or management of the invasive species.
(2) Public water supply systems
Nothing in this section authorizes the Secretary concerned to suspend any water delivery or diversion, or otherwise to prevent the
operation of a public water supply system, as
a measure to control, manage, or prevent the
introduction or spread of an invasive species.

Page 1157

§ 666e

TITLE 16—CONSERVATION

(l) Use of partnerships
Subject to the 1 subsections (m) and (n), the
Secretary concerned may enter into any contract or cooperative agreement with another
Federal agency, an eligible State, a federally
recognized Indian tribe, a political subdivision
of an eligible State, or a private individual or
entity to assist with the control and management of an invasive species.
(m) Memorandum of understanding
(1) In general
As a condition of a contract or cooperative
agreement under subsection (l), the Secretary
concerned and the applicable Federal agency,
eligible State, political subdivision of an eligible State, or private individual or entity shall
enter into a memorandum of understanding
that describes—
(A) the nature of the partnership between
the parties to the memorandum of understanding; and
(B) the control and management activities
to be conducted under the contract or cooperative agreement.
(2) Contents
A memorandum of understanding under this
subsection shall contain, at a minimum, the
following:
(A) A prioritized listing of each invasive
species to be controlled or managed.
(B) An assessment of the total acres of
land or area of water infested by the
invasive species.
(C) An estimate of the expected total acres
of land or area of water infested by the
invasive species after control and management of the invasive species is attempted.
(D) A description of each specific, integrated pest management option to be used,
including a comparative economic assessment to determine the least-costly method.
(E) Any map, boundary, or Global Positioning System coordinates needed to clearly identify the area in which each control or
management activity is proposed to be conducted.
(F) A written assurance that each partner
will comply with section 2814 of title 7.
(3) Coordination
If a partner to a contract or cooperative
agreement under subsection (l) is an eligible
State, political subdivision of an eligible
State, or private individual or entity, the
memorandum of understanding under this subsection shall include a description of—
(A) the means by which each applicable
control or management effort will be coordinated; and
(B) the expected outcomes of managing
and controlling the invasive species.
(4) Public outreach and awareness efforts
If a contract or cooperative agreement under
subsection (l) involves any outreach or public
awareness effort, the memorandum of understanding under this subsection shall include a
list of goals and objectives for each outreach
or public awareness effort that have been determined to be efficient to inform national, re-

gional, State, Tribal, or local audiences regarding invasive species control and management.
(n) Investigations
The purpose of any invasive species-related investigation carried out under a contract or cooperative agreement under subsection (l) shall
be—
(1) to develop solutions and specific recommendations for control and management of
invasive species; and
(2) specifically to provide faster implementation of control and management methods.
(o) Coordination with affected local governments
Each project and activity carried out pursuant
to this section shall be coordinated with affected local governments in a manner that is
consistent with section 1712(c)(9) of title 43.
(p) Authorization of appropriations
There are authorized to be appropriated to
carry out this section for each of fiscal years
2021 through 2025—
(1) $2,500,000 to the Secretary of the Army,
acting through the Chief of Engineers; and
(2) $2,500,000 to the Secretary of the Interior.
(Mar. 10, 1934, ch. 55, § 10, as added Pub. L. 116–9,
title VII, § 7001(b)(2)(B), Mar. 12, 2019, 133 Stat.
779; amended Pub. L. 116–188, title I, § 105, Oct.
30, 2020, 134 Stat. 916.)
Editorial Notes
REFERENCES IN TEXT
The Federal Insecticide, Fungicide, and Rodenticide
Act, referred to in subsec. (g)(2), is act June 25, 1947, ch.
125, as amended generally by Pub. L. 92–516, § 2, Oct. 21,
1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title note set out under section 136 of
Title 7 and Tables.
AMENDMENTS
2020—Subsec. (c)(2)(A). Pub. L. 116–188, § 105(1)(A),
added cl. (i) and redesignated former cls. (i) and (ii) as
(ii) and (iii), respectively.
Subsec. (c)(2)(B) to (D). Pub. L. 116–188, § 105(1)(B), (C),
added subpar. (B) and redesignated former subpars. (B)
and (C) as (C) and (D), respectively.
Subsec. (p). Pub. L. 116–188, § 105(2), added subsec. (p).

§ 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 sec-

§ 666f

TITLE 16—CONSERVATION

tion 666d of this title, if located within or adjacent to an existing wildlife refuge or reservation, immediately shall become a part of such
refuge or reservation and shall be administered
under the laws and regulations applicable thereto, and, if not so located, may be administered
as a migratory-waterfowl management area, refuge, reservation, or breeding ground in accordance with the provisions of the Act of August 14,
1946 (60 Stat. 1080), and Acts supplementary
thereto.
(Oct. 6, 1949, ch. 619, § 2, 63 Stat. 708.)
Editorial Notes
REFERENCES IN TEXT
The Act of August 14, 1946, referred to in text, is act
Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act
Mar. 10, 1934, ch. 55, by generally amending sections 1
to 6, which are classified to sections 661 to 665 and 666
of this title, and by adding sections 7 to 9, which are
classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10 of act Mar. 10, 1934,
which are classified to sections 665a and 666c–1 of this
title, respectively.

§ 666f. Wildlife conservation and agricultural, industrial, recreational, and related uses for
certain Federal lands; transfer of lands to
Secretary of the Interior; administration, development, and disposition
In order to promote the orderly development
and use of the lands and interests therein acquired by the United States in connection with
the Crab Orchard Creek project and the Illinois
Ordnance Plant in Williamson, Jackson, and
Union Counties, Illinois, consistent with the
needs of agriculture, industry, recreation, and
wildlife conservation, all of the interests of the
United States in and to such lands are hereby
transferred to the Secretary of the Interior for
administration, development, and disposition, in
accordance with the provisions of this section
and section 666g of this title.
(Aug. 5, 1947, ch. 489, § 1, 61 Stat. 770.)
§ 666g. Classification of lands; industrial leases;
moneys subject to section 715s of this title;
administration; jurisdiction of Federal agencies
All of the lands transferred to the Secretary of
the Interior, pursuant to the provisions of section 666f of this title and this section, first shall
be classified by him with a view to determining,
in cooperation with Federal, State, and public
or private agencies and organizations, the most
beneficial use that may be made thereof to carry
out the purposes of section 666f of this title and
this section, including the development of wildlife conservation, agricultural, recreational, industrial, and related purposes. Such lands as
have been or may hereafter be determined to be
chiefly valuable for industrial purposes shall be
leased for such purposes at such time and under
such terms and conditions as the Secretary of
the Interior shall prescribe. All moneys received
or collected in connection with such leases shall
be subject to the provisions of section 715s of
this title. Except to the extent otherwise provided in section 666f of this title and this sec-

Page 1158

tion, all lands herein transferred shall be administered by the Secretary of the Interior through
the Fish and Wildlife Service in accordance with
the provisions of the act of August 14, 1946 (Public Law 732, Seventy-ninth Congress), and Acts
supplementary thereto and amendatory thereof
for the conservation of wildlife, and for the development of the agricultural, recreational, industrial, and related purposes specified in section 666f of this title and this section: Provided,
That no jurisdiction shall be exercised by the
Secretary of the Interior over that portion of
such lands and the improvements thereon which
are now utilized by the Department of the Army
directly or indirectly until such time as it is determined by the Secretary of the Army that utilization of such portions of such lands and the
improvements thereon directly or indirectly by
the Department of the Army is no longer required: Provided further, That, subsequent to the
determination referred to in the preceding proviso, the lands and improvements mentioned
therein shall be administered by the Secretary
of the Interior, and any lease or other disposition thereof shall be made subject to such
terms, conditions, restrictions, and reservations
imposed by the Secretary of the Army as will, in
the 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.)
Editorial Notes
REFERENCES IN TEXT
Section 715s of this title, referred to in text, was in
the original ‘‘the Act of June 15, 1935, as amended (49
Stat. 383; 16 U.S.C. 715s)’’.
The act of August 14, 1946, referred to in text, is act
Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act
Mar. 10, 1934, ch. 55, by generally amending sections 1
to 6, which are classified to sections 661 to 665 and 666
of this title, and by adding sections 7 to 9, which are
classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10 of act Mar. 10, 1934,
which are classified to sections 665a and 666c–1 of this
title, respectively.
AMENDMENTS
1978—Pub. L. 95–616 substituted in second sentence
‘‘terms and conditions as the Secretary of the Interior
shall prescribe’’ for ‘‘terms and conditions as are consistent with the general purposes of section 2 of the
Surplus Property Act of 1944, as amended, and with the
purposes of section 666f of this title and this section’’
and made moneys received or collected in connection
with the leases to be subject to section 715s of this
title.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Department of War designated Department of the
Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947,
ch. 343, title II, 61 Stat. 501. Section 205(a) of act July
26, 1947, was repealed by section 53 of act Aug. 10, 1956,
ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ‘‘Title 10, Armed Forces’’ which in sections 3010
to 3013 continued military Department of the Army
under administrative supervision of Secretary of the
Army.

Page 1159

§ 667c

TITLE 16—CONSERVATION

§ 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.)
Editorial Notes

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.)
Editorial Notes

CODIFICATION

AMENDMENTS

Former first sentence provided for establishment of a
game management supply depot and laboratory at Pocatello, Idaho.

1972—Cl. (2). Pub. L. 92–432 struck out ‘‘chiefly’’ before ‘‘valuable for use’’.
Statutory Notes and Related Subsidiaries

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

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

TRANSFER OF FUNCTIONS
Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949.
Transfer of functions effective July 1, 1949, see section
605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat.
403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.

§ 667c. Publication of designating order
Whenever any real property is transferred pursuant to sections 667b to 667d of this title, the
Administrator of General Services shall make
and have published in the Federal Register an
appropriate order, which may be revised from
time to time in like manner, designating for
which of the purposes specified in section 667b of
this title the property so transferred shall be
used.
(May 19, 1948, ch. 310, § 2, 62 Stat. 241; June 30,
1949, ch. 288, title I, § 105, 63 Stat. 381.)

§ 667b. Transfer of certain real property for wildlife conservation purposes; reservation of
rights

Statutory Notes and Related Subsidiaries

Upon request, real property which is under the
jurisdiction or control of a Federal agency and

Functions, records, property, etc., of War Assets Administration transferred to General Services Adminis-

TRANSFER OF FUNCTIONS

§ 667d

TITLE 16—CONSERVATION

tration, 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.)
Editorial Notes
AMENDMENTS
1995—Pub. L. 104–66 struck out before period at end
‘‘and shall be included in the annual budget transmitted to the Congress’’.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War
Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949.
Transfer of functions effective July 1, 1949, see section
605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat.
403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b),
64 Stat. 583.

§ 667e. Repealed. Pub. L. 97–79, § 9(b)(2), Nov. 16,
1981, 95 Stat. 1079
Section, act May 25, 1900, ch. 553, § 5, 31 Stat. 188, provided that the dead bodies of game animals or game or
song birds be subject to the laws of the State into
which they are transported. See section 3378(a) of this
title.

§ 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.)

Page 1160
Editorial Notes
CODIFICATION

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.)
Editorial Notes
CODIFICATION
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.)
Editorial Notes
CODIFICATION
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.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 445 of Title
7, Agriculture, prior to editorial reclassification and renumbering as this section.

Page 1161

§ 667h

TITLE 16—CONSERVATION

§ 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.)
Editorial Notes
CODIFICATION
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.)
Editorial Notes
CODIFICATION
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.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 449 of Title
7, Agriculture, prior to editorial reclassification and renumbering as this section.

§ 667h. Chronic Wasting Disease Task Force
(a) Definitions
In this section:
(1) Cervid
The term ‘‘cervid’’ means any species within
the family Cervidae.
(2) Chronic wasting disease
The term ‘‘chronic wasting disease’’ means
the animal disease afflicting deer, elk, and
moose populations that—
(A) is a transmissible disease of the nervous system resulting in distinctive lesions in
the brain; and
(B) belongs to the group of diseases known
as
transmissible
spongiform
encephalopathies, which group includes
scrapie, bovine spongiform encephalopathy,
and Creutzfeldt-Jakob disease.
(3) Secretaries
The term ‘‘Secretaries’’ means the Secretary
of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, and the Secretary of the Interior,
acting through the Director of the United
States Geological Survey and the Director of
the United States Fish and Wildlife Service,
acting jointly.
(b) Establishment
(1) In general
The Secretaries shall establish within the
United States Fish and Wildlife Service a task
force, to be known as the ‘‘Chronic Wasting
Disease Task Force’’ (referred to in this subsection as the ‘‘Task Force’’) after the completion of the study required by subsection (c).
(2) Duties
The Task Force shall—
(A) collaborate with foreign governments
to share research, coordinate efforts, and
discuss best management practices to reduce, minimize, prevent, or eliminate chronic wasting disease in the United States;
(B) develop recommendations, including
recommendations based on findings of the
study conducted under subsection (c), and a
set of best practices regarding—
(i) the interstate coordination of practices to prevent the new introduction of
chronic wasting disease;
(ii) the prioritization and coordination of
the future study of chronic wasting disease, based on evolving research needs;
(iii) ways to leverage the collective resources of Federal, State, and local agencies, Indian Tribes, and foreign governments, and resources from private, nongovernmental entities, to address chronic
wasting disease in the United States and
along the borders of the United States; and

§ 667h

TITLE 16—CONSERVATION

(iv) any other area where containment or
management efforts relating to chronic
wasting disease may differ across jurisdictions; and
(C) develop, from the recommendations developed under subparagraph (B), an action
plan that gives States, the Federal Government, Indian Tribes, and the farmed cervid
industry specific recommendations to ensure
consistent and coordinated management and
focused, prioritized research to stop the
spread of and mitigate the impacts of chronic wasting disease.
(3) Membership
(A) In general
The Task Force shall be composed of—
(i) 1 representative of the United States
Fish and Wildlife Service with experience
in chronic wasting disease, to be appointed
by the Secretary of the Interior (referred
to in this subsection as the ‘‘Secretary’’);
(ii) 1 representative of the United States
Geological Survey;
(iii) 2 representatives of the Department
of Agriculture with experience in chronic
wasting disease, to be appointed by the
Secretary of Agriculture—
(I) 1 of whom shall have expertise in
cervid health research; and
(II) 1 of whom shall have expertise in
wildlife management;
(iv) in the case of each State in which
chronic wasting disease among elk, mule
deer, white-tailed deer, or moose has been
reported to the appropriate State agency,
not more than 2 representatives, to be
nominated by the Governor of the State—
(I) not more than 1 of whom shall be a
representative of the State agency with
jurisdiction over wildlife management or
wildlife disease in the State; and
(II) in the case of a State with a
farmed cervid program or economy, not
more than 1 of whom shall be a representative of the State agency with jurisdiction over farmed cervid regulation
in the State;
(v) in the case of each State in which
chronic wasting disease among elk, mule
deer, white-tailed deer, or moose has not
been documented, but that has carried out
measures to prevent the introduction of
chronic wasting disease among those species, not more than 2 representatives, to be
nominated by the Governor of the State;
(vi) not more than 2 representatives
from an Indian Tribe or Tribal organization chosen in a process determined, in
consultation with Indian Tribes, by the
Secretary; and
(vii) not more than 5 nongovernmental
members with relevant expertise appointed, after the date on which the members are first appointed under clauses (i)
through (vi), by a majority vote of the
State representatives appointed under
clause (iv).
(B) Effect
Nothing in this paragraph requires a State
to participate in the Task Force.

Page 1162

(4) Co-Chairs
The Co-Chairs of the Task Force shall be—
(A) the Federal representative described in
paragraph (3)(A)(i);
(B) 1 of the Federal representatives described in paragraph (3)(A)(iii); and
(C) 1 State representative appointed under
paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives.
(5) Date of initial appointment
(A) In general
The members of the Task Force shall be
appointed not later than 180 days after the
date on which the study is completed under
subsection (c).
(B) Notification
On appointment of the members of the
Task Force, the Co-Chairs of the Task Force
shall notify the Chairs and Ranking Members of the Committees on Environment and
Public Works and Agriculture, Nutrition,
and Forestry of the Senate and Natural Resources and Agriculture of the House of Representatives.
(6) Vacancies
Any vacancy in the members appointed to
the Task Force—
(A) shall not affect the power or duty of
the Task Force; and
(B) shall be filled not later than 30 days
after the date of the vacancy.
(7) Meetings
The Task Force shall convene—
(A) not less frequently than twice each
year; and
(B) at such time and place, and by such
means, as the Co-Chairs of the Task Force
determine to be appropriate, which may include the use of remote conference technology.
(8) Interstate action plan
(A) In general
Not later than 1 year after the date on
which the members of the Task Force are
appointed, the Task Force shall submit to
the Secretaries, and the heads of the State
agencies with jurisdiction over wildlife disease and farmed cervid regulation of each
State with a representative on the Task
Force, the interstate action plan developed
by the Task Force under paragraph (2)(C).
(B) Cooperative agreements
(i) In general
To the maximum extent practicable, the
Secretaries, any other applicable Federal
agency, and each applicable State may
enter into a cooperative agreement to fund
necessary actions under the interstate action plan submitted under subparagraph
(A).
(ii) Target date
The Secretaries shall make the best effort of the Secretaries to enter into any
cooperative agreement under clause (i) not
later than 180 days after the date of sub-

Page 1163

TITLE 16—CONSERVATION

mission of the interstate action plan under
subparagraph (A).
(C) Matching funds
(i) In general
Subject to clause (ii), for each fiscal
year, the Secretaries may provide funds to
carry out an interstate action plan
through a cooperative agreement under
subparagraph (B) in the amount of funds
provided by the applicable States.
(ii) Limitation
The amount provided by the United
States Fish and Wildlife Service under
clause (i) for a fiscal year shall be not
greater than $5,000,000.
(9) Reports
Not later than September 30 of the first full
fiscal year after the date on which the first
members of the Task Force are appointed, and
each September 30 thereafter, the Task Force
shall submit to the Secretaries, and the heads
of the State agencies with jurisdiction over
wildlife disease and farmed cervid regulation
of each State with a representatives on the
Task Force, a report describing—
(A) progress on the implementation of actions identified in the interstate action plan
submitted under paragraph (8)(A), including
the efficacy of funding under the cooperative
agreement entered into under paragraph
(8)(B);
(B) updated resource requirements that
are needed to reduce and eliminate chronic
wasting disease in the United States;
(C) any relevant updates to the recommended best management practices included in the interstate action plan submitted under paragraph (8)(B) to reduce or
eliminate chronic wasting disease;
(D) new research findings and emerging research needs relating to chronic wasting disease; and
(E) any other relevant information.
(c) Chronic wasting disease transmission in
cervidae resource study
(1) Definition of Academy
In this subsection, the term ‘‘Academy’’
means the National Academy of Sciences.
(2) Study
(A) In general
The Secretaries shall enter into an arrangement with the Academy under which
the Academy shall conduct, and submit to
the Secretaries a report describing the findings of, a special resource study to identify
the predominant pathways and mechanisms
of the transmission of chronic wasting disease in wild, captive, and farmed populations
of cervids in the United States.
(B) Requirements
The arrangement under subparagraph (A)
shall provide that the actual expenses incurred by the Academy in conducting the
study under subparagraph (A) shall be paid
by the Secretaries, subject to the availability of appropriations.

§ 667h

(3) Contents of the study
The study under paragraph (2) shall—
(A) with respect to wild, captive, and
farmed populations of cervids in the United
States, identify—
(i)(I) to the extent possible, the pathways and mechanisms for the transmission
of chronic wasting disease within live
cervid populations and cervid products,
which may include pathways and mechanisms for transmission from Canada;
(II) the infection rates for each pathway
and mechanism identified under subclause
(I); and
(III) the relative frequency of transmission of each pathway and mechanism
identified under subclause (I);
(ii)(I) anthropogenic and environmental
factors contributing to new chronic wasting disease emergence events;
(II) the development of geographical
areas with increased chronic wasting disease prevalence; and
(III) the overall geographical patterns of
chronic wasting disease distribution;
(iii) significant gaps in current scientific
knowledge regarding the transmission
pathways and mechanisms identified under
clause (i)(I) and potential prevention, detection, and control methods identified
under clause (v);
(iv) for prioritization the scientific research projects that will address the
knowledge gaps identified under clause
(iii), based on the likelihood that a project
will contribute significantly to the prevention or control of chronic wasting disease;
and
(v) potential prevention, detection, or
control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States;
(B) assess the effectiveness of the potential
prevention, detection, or control measures,
practices, or technologies identified under
subparagraph (A)(v); and
(C) review and compare science-based best
practices, standards, and guidance regarding
the prevention, detection, and management
of chronic wasting disease in wild, captive,
and farmed populations of cervids in the
United States that have been developed by—
(i) the National Chronic Wasting Disease
Herd Certification Program of the Animal
and Plant Health Inspection Service;
(ii) the National Wildlife Research Center of the Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, in the case of practices, standards,
and guidance that provide practical,
science-based recommendations to State
and Federal agencies for minimizing or
eliminating the risk of transmission of
chronic wasting disease in the United
States; and

§ 667i

TITLE 16—CONSERVATION

(v) industry or academia, in the case of
any published guidance on practices that
provide
practical,
science-based
recommendations to cervid producers for
minimizing or eliminating the risk of
transmission of chronic wasting disease
within or between herds.
(4) Deadline
The study under paragraph (2) shall be completed not later than 180 days after the date on
which funds are first made available for the
study.
(5) Data sharing
The Secretaries shall share with the Academy, as necessary to conduct the study under
paragraph (2), subject to the avoidance of a
violation of a privacy or confidentiality requirement and the protection of confidential
or privileged commercial, financial, or proprietary information, data and access to databases and research information on chronic
wasting disease under the jurisdiction of—
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report
Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy
and Natural Resources, and the Committee on
Environment and Public Works of the Senate
and the Committee on Agriculture and the
Committee on Natural Resources of the House
of Representatives a report that describes—
(A) the findings of the study; and
(B) any conclusions and recommendations
that the Secretaries determine to be appropriate.
(d) Authorization of appropriations
There are authorized to be appropriated to
carry out this section—
(1) for the period of fiscal years 2021 through
2025, $5,000,000 to the Secretary of the Interior,
acting through the Director of the United
States Fish and Wildlife Service, to carry out
administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of the Interior, acting through the Director of the United States Geological Survey,
to carry out activities to fund research under
subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health
Inspection Service, to carry out activities to
fund research under subsection (c).
(Pub. L. 116–188, title I, § 104, Oct. 30, 2020, 134
Stat. 911.)
§ 667i. Chronic wasting disease research and
management program
(a) Research program
(1) In general
Not later than 90 days after the date on
which funds are made available to carry out
this section, the Secretary of Agriculture

Page 1164

shall establish a program under which the Secretary shall offer to enter into cooperative
agreements or other legal instruments, as authorized under 1 8312 of title 7, with eligible entities to conduct research on the transmission
of, resistance to, and diagnosis of chronic
wasting disease.
(2) Criteria for selection
In entering into cooperative agreements or
other legal instruments pursuant to paragraph
(1), the Secretary shall give priority to eligible
entities that shall conduct research relating
to—
(A)(i) methods and products to effectively
detect infectious chronic wasting disease
prions in live cervids, cervid excreta, the environment, and inorganic surfaces, and to
decontaminate such infectious prions; or
(ii) testing methods that significantly improve sensitivity and accelerate timelines
for test results on non-live cervids;
(B) the long-term suppression or eradication of chronic wasting disease; or 1
(C) determination markers for genetic resistance to chronic wasting disease and
strategies for using genetic resistance to
combat the spread of the disease;
(D) sustainable cervid harvest management practices to reduce chronic wasting
disease occurrence and to prevent or limit
spatial spread of chronic wasting disease; or
(E) factors contributing to local emergence of chronic wasting disease, increased
prevalence of chronic wasting disease, and
distribution of chronic wasting disease, including mechanisms of disease transmission
and effective barriers to transmission.
(3) Size of awards
To the maximum extent practicable, individual cooperative agreements or other legal
instruments entered into under paragraph (1)
shall be not less than two percent and not
more than 10 percent of the funds appropriated
to carry out this section.
(4) Administrative costs by eligible entities
Of the amount of a cooperative agreement or
other legal instrument entered into with an
eligible entity under paragraph (1), the eligible
entity may use not more than 10 percent of
such amounts for administrative costs incurred by the eligible entity in carrying out
the research described in such paragraph.
(b) Support for State efforts to manage and control chronic wasting disease
(1) In general
Subject to the availability of appropriations,
the Secretary shall offer to enter into cooperative agreements or other legal instruments, as
authorized under section 8312 of title 7, with
State or Tribal wildlife agencies and departments of agriculture to provide direct financial assistance to support the efforts of such
State or Tribal wildlife agencies and departments of agriculture to develop and implement management strategies to address
1 So
1 So

in original. Probably should be followed by ‘‘section’’.
in original.

Page 1165

TITLE 16—CONSERVATION

chronic wasting disease within their respective jurisdiction.
(2) Application
A State or Tribal wildlife agency or department of agriculture seeking direct financial
assistance under this subsection shall submit
to the Secretary an application at such time
and manner, and containing such information
as the Secretary may require.
(3) Funding priorities
In allocating funds made available to carry
out this subsection for a fiscal year among
State and Tribal wildlife agencies or departments of agriculture that submit an application for direct financial assistance under this
subsection, the Secretary shall give priority
to States and Indian tribes that have—
(A) within their respective jurisdictions,
the highest incidence of chronic wasting disease;
(B) shown the greatest financial commitment to managing, monitoring, surveying,
and researching chronic wasting disease;
(C) comprehensive policies and programs
focused on chronic wasting disease management that have integrated the programs and
policies of all involved agencies related to
chronic wasting disease management;
(D) the greatest risk of an initial occurrence of chronic wasting disease originating
from surrounding areas; or
(E) the greatest need for response to new
outbreaks of chronic wasting disease occurring in—
(i) areas in which chronic wasting disease is already found; or
(ii) areas with first infections, with the
intent of containing chronic wasting disease in any new area of infection.
(4) Rapid response
If a State or Indian tribe detects chronic
wasting disease in a cervid population within
its jurisdiction that was not previously infected, the Secretary may, notwithstanding
paragraphs (2) and (3), immediately issue funds
made available under subsection (e), in an
amount to be determined by the Secretary, to
support State and Tribal efforts to immediately control the spread of chronic wasting
disease within that population.
(5) Public education on chronic wasting disease
The Secretary, in consultation with State
and Tribal departments of agriculture and
wildlife agencies, organizations representing
the farmed cervid industry, and organizations
representing deer hunters, shall develop and
maintain materials based on the latest scientific knowledge to be used to educate the
public on chronic wasting disease and techniques to help prevent the spread of the disease.
(c) Definitions
In this section:
(1) Chronic wasting disease
The term ‘‘chronic wasting disease’’ means
the animal disease afflicting deer, elk, and
moose populations that—

§ 667i

(A) is a transmissible disease of the nervous system resulting in distinctive lesions in
the brain; and
(B) belongs to the group of diseases known
as
transmissible
spongiform
encephalopathies, which includes scrapie,
bovine spongiform encephalopathy, and
Cruetzfeldt-Jakob disease.
(2) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a State or Tribal department of agriculture;
(B) a State or Tribal wildlife agency;
(C) a Tribal research facility;
(D) an institution of higher education (as
defined in section 1001 of title 20); and
(E) a research center conducting or qualified to conduct scientific research on chronic wasting disease.
(d) Review of herd certification program standards
Not later than 18 months after the date of the
enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting
public feedback on potential updates and improvements to the chronic wasting disease herd
certification program standards with special
consideration given to—
(1) minimizing or eliminating the interaction of captive and wild deer;
(2) reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of
chronic wasting disease positive deer from the
landscape; and
(3) increasing participation in the herd certification program.
(e) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the
Secretary to carry out this section $70,000,000
for each of fiscal years 2022 through fiscal year
2028, to remain available until expended.
(2) Allocation among programs
To the extent practicable, the Secretary
shall allocate the funds made available under
paragraph (1) evenly between the research program under subsection (a) and the management program under subsection (b).
(3) Set-aside for wildlife agencies
The Secretary shall ensure that, of the funds
made available and allocated to carry out subsection (b), not less than 75 percent of such
funds are made available to State or Tribal
wildlife agencies.
(f) Administrative costs
Of the funds made available under subsection
(e) for a fiscal year to carry out this section, the
Secretary may use not more than 10 percent of
such funds for administrative costs incurred by
the Secretary in carrying out this section.
(g) Rule of construction
Nothing in this section shall be construed as
interfering with, or otherwise affecting, the authority of the Federal Government or States to
manage wildlife and livestock on land within

§ 668

TITLE 16—CONSERVATION

their respective jurisdictions, including managing, surveying, and monitoring the incidence
of chronic wasting disease.
(Pub. L. 117–328, div. HH, title V, § 603, Dec. 29,
2022, 136 Stat. 5996.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this Act, referred to in
subsec. (d), probably means the date of enactment of
Pub. L. 117–328, which enacted into law H.R. 5608, One
Hundred Seventeenth Congress, as engrossed in the
House of Representatives on Dec. 8, 2021, and which was
approved Dec. 29, 2022.
CODIFICATION
Section is based on section 3 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House
of Representatives on Dec. 8, 2021, which was enacted
into law by section 603 of Pub. L. 117–328.
Statutory Notes and Related Subsidiaries
FINDINGS
Section 2 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on
Dec. 8, 2021, which was enacted into law by Pub. L.
117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat.
5996, provided that: ‘‘Congress finds the following:
‘‘(1) Chronic wasting disease, the fatal neurological
disease found in cervids, is a fundamental threat to
the health and vibrancy of deer, elk, and moose populations, and the increased occurrence of chronic wasting disease in regionally diverse locations necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing chronic wasting disease.
‘‘(2) A focus on research into the transmission of,
resistance to, diagnosis of, and epidemiology of
chronic wasting disease is needed to inform future
policies to combat the disease and ensure the health
of cervid populations.
‘‘(3) Because States and Tribes have diverse policies
for addressing chronic wasting disease, the Federal
Government, in consultation with the Chronic Wasting Disease Task Force established by section 104 of
America’s Conservation Enhancement Act (Public
Law 116–188) [16 U.S.C. 667h], should coordinate financial and technical support to States and Tribes, State
and Tribal departments of agriculture, State and
Tribal wildlife agencies, institutions of higher education, and research centers conducting scientific research on chronic wasting disease.
‘‘(4) Pursuant to State and Federal law, the States
retain primacy and policymaking authority with regard to wildlife management.
‘‘(5) Under current policies, chronic wasting disease
remains a systemic threat to cervids.
‘‘(6) Scientific advances that lead to the ability to
stop transmission of chronic wasting disease are
needed to ensure the long-term viability of cervids.’’

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

Page 1166

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