16 U.S.C. § 661 — Short title; authorization

Page 1152 TITLE 16—CONSERVATION § 661 Sec. 666e. Administration of acquired lands. 666f. Wildlife conservation and agricultural, indus- trial, recreational, and related uses for cer- tain Federal lands; transfer of lands to Sec- retary of the Interior; administration, de- velopment, and disposition. 666g. Classification of lands; industrial leases; moneys subject to section 715s of this title; administration; jurisdiction of Federal agencies. 667. Game management supply depots; appropria- tions. 667a. Omitted. 667b. Transfer of certain real property for wildlife conservation purposes; reservation of rights. 667c. Publication of designating order. 667d. Reports to Congress. 667e. Repealed. 667f. Availability of grain to prevent waterfowl depredations; payment of packaging, trans- porting, handling, and other charges. 667f–1. Requisition of grain to prevent crop depreda- tion by migratory waterfowl. 667f–2. Reimbursement of packaging and trans- porting expenses. 667f–3. Authorization of appropriations for miti- gating losses caused by waterfowl depreda- tion. 667g. Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agen- cies; reimbursement for packaging and transporting. 667g–1. Requisition and use of grain for prevention of starvation of migratory birds; reimburse- ment for packaging and transporting. 667g–2. Authorization of appropriations for reim- bursement of Commodity Credit Corpora- tion. 667h. Chronic Wasting Disease Task Force. 667i. Chronic wasting disease research and man- agement program. SUBCHAPTER II—PROTECTION OF BALD AND GOLDEN EAGLES 668. Bald and golden eagles. 668a. Taking and using of the bald and golden eagle for scientific, exhibition, and religious pur- poses. 668b. Enforcement provisions. 668c. Definitions. 668d. 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 Repealed. 668dd.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 Wild- life Coordination Act’’. (b) Authorization For the purpose of recognizing the vital con- tribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national econ- omy and other factors, and to provide that wild- life conservation shall receive equal consider- ation and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, develop- ment, 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 co- operate with, Federal, State, and public or pri- vate agencies and organizations in the develop- ment, protection, rearing, and stocking of all 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 effec- tuate the purposes of this Act; (2) to make sur- veys and investigations of the wildlife of the public domain, including lands and waters or in- terests 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 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 Short Title note set out below and Tables. AMENDMENTS 2019—Pub. L. 116–9 inserted section catchline, des- ignated 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 re- sources 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 au- thorize 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 coopera- tion between Federal, State, public, and private agen- cies 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 Con- gress, 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’.’’ Page 1153 TITLE 16—CONSERVATION § 661 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 Coordi- nation 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 ex- pended such funds as may be necessary to carry out the purposes of this Act [amending this section and sec- tions 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 ac- cordance with the provisions of the Act of August 14, 1946 (60 Stat. 1080), comprehensive studies of the soft- shell clam, Mya arenaria, and the hard-shell clam, Venus mercenaria, with particular respect to the biol- ogy, propagation, and methods of cultivation of such clams, required the Service to recommend appropriate measures for (1) arresting depletion in existing produc- tive beds; (2) restoring to production beds formerly pro- ductive but now barren or unusable; (3) developing new areas which may be found suitable; (4) improving meth- ods and techniques of digging, transplanting, and han- dling; and (5) otherwise increasing production and im- proving 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 Sec- retary or other official in Department of Agriculture, insofar as they involve lands and programs under juris- diction of that Department, related to compliance with act Mar. 10, 1934, with respect to pre-construction, con- struction, and initial operation of transportation sys- tem 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 Nat- ural 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 au- thority 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. Func- tions and authority vested in Secretary of Energy sub- sequently transferred to Federal Coordinator for Alas- ka 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 cer- tain 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- partment of the Interior to be known as the Fish and Wildlife Service, and abolished the office of Commis- sioner 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 Com- merce relating to protection of fur seals and other fur- bearing animals to Secretary of the Interior; and trans- ferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior. EX. ORD. NO. 13443. FACILITATION OF HUNTING HERITAGE AND WILDLIFE CONSERVATION Ex. Ord. No. 13443, Aug. 16, 2007, 72 F.R. 46537, pro- vided: 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 di- rect Federal agencies that have programs and activi- ties that have a measurable effect on public land man- agement, outdoor recreation, and wildlife management, including the Department of the Interior and the De- partment 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, con- sistent with agency missions: (a) Evaluate the effect of agency actions on trends in hunting participation and, where appropriate to ad- dress 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 coopera- tion with State and tribal governments, and consistent with agency missions, to foster healthy and productive populations of game species and appropriate opportuni- ties for the public to hunt those species; (f) Ensure that agency plans and actions consider pro- grams and recommendations of comprehensive plan- ning 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 wild- life 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 Con- Page 1154 TITLE 16—CONSERVATION § 662 ference on North American Wildlife Policy (Conference) to facilitate the exchange of information and advice re- lating to the means for achieving the goals of this order. SEC. 4. Recreational Hunting and Wildlife Resource Con- servation 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 year following the conclusion of the Conference, a com- prehensive Recreational Hunting and Wildlife Con- servation 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 responsi- bility, or privilege, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH. § 662. Impounding, diverting, or controlling of waters (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 author- ized 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 Fed- eral permit or license, such department or agen- cy first shall consult with the United States Fish and Wildlife Service, Department of the In- terior, and with the head of the agency exer- cising administration over the wildlife resources of the particular State wherein the impound- ment, diversion, or other control facility is to be constructed, with a view to the conservation of wildlife resources by preventing loss of and dam- age to such resources as well as providing for the development and improvement thereof in connection with such water-resource develop- ment. (b) Reports and recommendations; consideration In furtherance of such purposes, the reports and recommendations of the Secretary of the In- terior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife re- sources of the State, based on surveys and inves- tigations 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 de- termining means and measures that should be adopted to prevent the loss of or damage to such wildlife resources, as well as to provide concur- rently 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 engi- neering 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 ac- tion or otherwise, (1) to authorize the construc- tion of water-resource development projects or (2) to approve a report on the modification or supplementation of plans for previously author- ized projects, to which this Act applies. Rec- ommendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife conserva- tion and development, lands to be utilized or ac- quired for such purposes, the results expected, and shall describe the damage to wildlife attrib- utable to the project and the measures proposed for mitigating or compensating for these dam- ages. The reporting officers in project reports of the Federal agencies shall give full consider- ation 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 pur- poses as the reporting agency finds should be adopted to obtain maximum overall project ben- efits. (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 accommo- date the means and measures for such conserva- tion of wildlife resources as an integral part of such projects: Provided, That for projects au- thorized by a specific Act of Congress before the date of enactment of the Fish and Wildlife Co- ordination Act (1) such modification or land ac- quisition 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 dam- age to wildlife resources to the extent justifi- able, 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 im- provement 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 conserva- tion purposes of this section shall constitute an integral part of the cost of such projects: Pro- vided, That such cost attributable to the devel- opment and improvement of wildlife shall not extend beyond that necessary for (1) land acqui- sition, (2) facilities as specifically recommended in water resource project reports, (3) modifica- tion of the project, and (4) modification of project operations, but shall not include the op- eration of wildlife facilities. (e) Transfer of funds In the case of construction by a Federal agen- cy, that agency is authorized to transfer to the