16 U.S.C. § 664 — Administration; rules and regulations;

Page 1156 TITLE 16—CONSERVATION § 664 (b) Use and availability of waters, land, or inter- ests 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 depart- ment or agency exercising primary administra- tion in each instance, (2) by the Secretary of the Interior, and (3) by the head of the agency exer- cising the administration of the wildlife re- sources of the particular State wherein the wa- ters and areas lie. Such waters and other inter- ests shall be made available, without cost for administration, by such State agency, if the management of the properties relate to the con- servation of wildlife other than migratory birds, or by the Secretary of the Interior, for adminis- tration in such manner as he may deem advis- able, 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 co- operate with the States or in making lands available to the States with respect to the man- agement 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 construc- tion 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 po- tentials of the particular project area: Provided, That before properties are acquired for this pur- pose, the probable extent of such acquisition shall be set forth, along with other data nec- essary for project authorization, in a report sub- mitted to the Congress, or in the case of a project previously authorized, no such prop- erties shall be acquired unless specifically au- thorized by Congress, if specific authority for such acquisition is recommended by the con- struction agency. (d) Use of acquired properties Properties acquired for the purposes of this section shall continue to be used for such pur- poses, and shall not become the subject of ex- change or other transactions if such exchange or other transaction would defeat the initial pur- pose of their acquisition. (e) Availability of Federal lands acquired or withdrawn for Federal water-resource pur- poses Federal lands acquired or withdrawn for Fed- eral 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 bound- aries 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 pro- visions of the Act of March 1, 1911 (36 Stat. 961), unless such lands are acquired to carry out the National Migratory Bird Management Program. (Mar. 10, 1934, ch. 55, § 3, 48 Stat. 401; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 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 clas- sification 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 sen- tence of existing provisions as subsec. (a), and, among other changes, inserted ‘‘Subject to the exceptions pre- scribed in section 662(h) of this title’’ before ‘‘whenever the waters’’, substituted ‘‘diverted, the channel deep- ened, or the stream or other body of water otherwise controlled or modified for any purpose whatever, in- cluding navigation and drainage’’ for ‘‘diverted, or oth- erwise controlled for any purpose whatever’’, and in- serted 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 ef- fecting 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 wild- life 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 Sec- retary 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 pursu- ant to the provisions of section 661 of this title Page 1157 TITLE 16—CONSERVATION § 666 and in accordance with such rules and regula- tions 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 ap- proved jointly by the Secretary of the Interior and the head of the department or agency exer- cising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protec- tion 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 Sec- retary of the Interior and such State agency that this would be in the public interest: And provided further, That the Secretary of the Inte- rior shall have the right to assume the manage- ment 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 relin- quished 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 Coordi- nation 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, indus- trial 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 in- vestigations 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 re- ports to the Congress concerning such investiga- tions and of recommendations for alleviating dangerous and undesirable effects of such pollu- tion. 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, in- cluding methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and pri- vate agencies, individuals, organizations, or en- terprises. (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.) 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. Executive Documents TRANSFER OF FUNCTIONS 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 (in- cluding locks, dams, and pools) in the Mis- sissippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the Depart- ment 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 Govern- ment, 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 oper- ate and maintain pool levels as though naviga- tion 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 avail- able to the Secretary of the Interior under this