§663 Impoundment or Diversion of Waters

Summary

Except for the exceptions in section 662(h), when the U.S. government builds or changes any stream, river, lake, or other water body — by blocking, redirecting, deepening, or otherwise altering it for any purpose (including navigation or drainage) — the responsible federal agency must make sure the water and any nearby land it controls can be used for wildlife conservation, management, and habitat work. Plans for that wildlife use must be approved by three people: the head of the federal agency running the project, the Secretary of the Interior, and the head of the state agency that manages wildlife in that state. If the work is about non-migratory wildlife, a state agency can manage it without paying administration fees. If the area helps the national migratory bird program, the Secretary of the Interior may manage it. This does not take away the Secretary of Agriculture’s power to work with states or let states manage lands he runs. Federal construction agencies may buy land, water, or rights needed to protect wildlife values for a project if it fits the Act and Interior Department reports. Before buying, they must show in a report to Congress how much they will probably acquire and include other required project data; for previously authorized projects, they can only buy if Congress specifically approves when the agency asks. Land bought for these wildlife purposes must keep that use and cannot be traded or changed if that would defeat the original purpose. Lands taken for water projects and given to states or the Interior for wildlife must be used under this Act despite other laws. Land bought under this rule inside a national forest must be added to the national forest and managed under the laws that apply to lands acquired under the Act of March 1, 1911 (36 Stat. 961), unless the land was bought for the National Migratory Bird Management Program.