PRIA, Government Policy, Made Personal

Summary

When a U.S. agency dams, diverts, deepens, or otherwise changes a stream or body of water for any reason, it must make sure the area and any nearby federal land or water it owns are used so wildlife and their habitats are protected and improved, as allowed under section 662. How those lands and waters are used must follow a plan agreed to by the agency doing the work, the Secretary of the Interior, and the head of the state wildlife agency. If the work helps state wildlife (not migratory birds), the state may manage the area without charging an administration fee. If the area helps the national migratory bird program, the Secretary of the Interior may manage it. Federal construction agencies can buy lands or water rights for wildlife needs when allowed by the Act and by reports under section 662, but they must tell Congress how much they plan to buy, and for some already-authorized projects they need Congress to approve new purchases. Lands bought for wildlife must keep that use and not be traded away in a way that defeats the purpose. Federal lands set aside for water projects and given for wildlife use are covered by this Act. Lands bought inside a national forest become part of that forest and follow laws tied to the Act of March 1, 1911, unless they are for the National Migratory Bird Management Program.

Title 16, §663

Conservation, Source: USLM XML via OLRC

(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 (c) Acquisition of land, waters, and interests therein; report to Congress

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.

(d)Use of acquired properties

Properties acquired for the purposes of this section shall continue to be used for such purposes, and shall not become the subject of exchange or other transactions if such exchange or other transaction would defeat the initial purpose of their acquisition.

(e)Availability of Federal lands acquired or withdrawn for Federal water-resource purposes

Federal lands acquired or withdrawn for Federal water-resource purposes and made available to the States or to the Secretary of the Interior for wildlife management purposes, shall be made available for such purposes in accordance with this Act, notwithstanding other provisions of law.

(f)National forest lands

Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon acquisition, be added to and become national forest lands, and shall be administered as a part of the forest within which they are situated, subject to all laws applicable to lands acquired under the provisions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry out the National Migratory Bird Management Program.

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.

§663 Impoundment or Diversion of Waters

Summary

Title 16, §663

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Executive Documents

Transfer of Functions

Transfer of Functions

Citations & Metadata