Title 16ConservationRelease 119-73

§663 Impoundment or diversion of waters

Title 16 › Chapter CHAPTER 5A— - PROTECTION AND CONSERVATION OF WILDLIFE › Subchapter SUBCHAPTER I— - GAME, FUR-BEARING ANIMALS, AND FISH › § 663

Last updated Apr 6, 2026|Official source

Summary

Except as allowed under section 662(h), when the U.S. government dams, diverts, deepens, or otherwise changes a stream or other body of water for any reason, it must also provide for the conservation, care, and management of wildlife and their habitat on the water and nearby lands. These plans must match the project’s main purpose and follow the reports and findings required under section 662. General plans must be approved by three people: the head of the federal agency in charge, the Secretary of the Interior, and the head of the state wildlife agency where the land lies. Lands and water made available for wildlife may be given at no cost for state administration when they concern non-migratory wildlife, or be administered by the Secretary of the Interior when they serve the national migratory bird program. Federal construction agencies may acquire needed lands or water for wildlife, but expected acquisitions must be reported to Congress, and some acquisitions need specific Congressional approval. Properties must keep their wildlife purpose and cannot be traded away if that would defeat it. Lands set aside for water projects and given for wildlife must be used under this Act despite other laws. Any federal lands bought inside a national forest become part of that forest and are managed under the Act of March 1, 1911 (36 Stat. 961), unless they are bought for the National Migratory Bird Management Program.

Full Legal Text

Title 16, §663

Conservation — Source: USLM XML via OLRC

(a)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)The use of such waters, land, or interests therein for wildlife conservation purposes shall be in accordance with general plans approved jointly (1) by the head of the particular department or agency exercising primary administration in each instance, (2) by the Secretary of the Interior, and (3) by the head of the agency exercising the administration of the wildlife resources of the particular State wherein the waters and areas lie. Such waters and other interests shall be made available, without cost for administration, by such State agency, if the management of the properties relate to the conservation of wildlife other than migratory birds, or by the Secretary of the Interior, for administration in such manner as he may deem advisable, where the particular properties have value in carrying out the national migratory bird management program: Provided, That nothing in this section shall be construed as affecting the authority of the Secretary of Agriculture to cooperate with the States or in making lands available to the States with respect to the management of wildlife and wildlife habitat on lands administered by him.
(c)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)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)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)Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon acquisition, be added to and become national forest lands, and shall be administered as a part of the forest within which they are situated, subject to all laws applicable to lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry out the National Migratory Bird Management Program.

Legislative History

Notes & Related Subsidiaries

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 section 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended section 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 663

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73