FISH AND WILDLIFE COORDINATION ACT
16 U.S.C. §§ 661-667e, March 10, 1934, as amended 1946, 1958, 1978 and 1995.

Overview. The Act provides that whenever the waters or channel of a body of water are modified by a department or agency of the U.S., the department or agency first shall consult with the U.S. Fish and Wildlife Service and with the head of the agency exercising administration over the wildlife resources of the state where construction will occur, with a view to the conservation of wildlife resources. The Act provides that land, water and interests may be acquired by federal construction agencies for wildlife conservation and development. In addition, real property under jurisdiction or control of a federal agency and no longer required by that agency can be utilized for wildlife conservation by the state agency exercising administration over wildlife resources upon that property.

Findings/Policy. The Act's purposes are to recognize the vital contribution of our wildlife resources to the nation, and their increasing public interest and significance, and to provide that wildlife conservation receive equal consideration and be coordinated with other features of water-resource development programs through planning, development, maintenance and coordination of wildlife conservation and rehabilitation. In furtherance of the stated purposes, the Secretary of the Interior (Secretary) is authorized to provide assistance to, and cooperate with, federal, state, and public or private agencies and organizations in:   developing, protecting, rearing and stocking all species of wildlife, resources thereof, and their habitat; controlling losses from disease or other causes; minimizing damages from overabundant species; providing public shooting and fishing areas, including easements across public lands; carrying out other necessary measures. The Secretary is also authorized to make surveys and investigations of the wildlife of the public domain, including lands and waters or interest acquired or controlled by an agency of the U.S., and to accept donations of land and contributions of funds in furtherance of the purposes of this Act. § 661.

Selected Definitions. Wildlife and wildlife resources:  birds, fish, mammals and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent. § 666b.

Impounding, Diverting, or Controlling of Waters. Whenever the waters or channel of a stream or other body of water are proposed or authorized to be modified by a public or private agency under federal permit or license, the agency first shall consult with the U.S. Fish and Wildlife Service and with the head of the agency exercising administration over the wildlife resources of the state where the impoundment, diversion or other control facility is to be constructed, with a view to conserving wildlife by preventing loss of and damage to resources and by providing for the development and improvement thereof in connection with water-resource development.

The specific reports and recommendations of the Secretary and the state agency on the wildlife aspects of such projects must be made part of the responsible federal agency's report. It is intended that the reports and recommendations be based on surveys and investigations to determine possible damage to wildlife resources and measures that should be adopted to prevent their loss or damage. Federal agencies must give full consideration to the reports. § 662.

Provision for Wildlife. Whenever the waters or channel of a body of water are modified by a department or agency of the U.S., adequate provision must be made for the conservation, maintenance and management of its wildlife resources and habitat. The use of the waters, land or interests for wildlife conservation must be in accordance with plans approved jointly by:   the head of the department or agency exercising primary administration; the Secretary; the head of the state agency exercising administration of the wildlife resources.

Nothing in this section shall be construed as affecting the authority of the Secretary of Agriculture to cooperate with the states or to make land available to the states for wildlife management.

Land, water and interests may be acquired by federal construction agencies for the wildlife conservation and development purposes of §§ 661 to 666c.

Federal lands acquired or withdrawn for federal water-resources purposes and made available to the states or to the Secretary for wildlife management must be made available for these purposes in accordance with §§ 661 to 666c. Lands acquired pursuant to this Act within the exterior boundaries of a national forest will be added to and become national forest lands. Lands acquired by the Secretary under the terms of this Act, if located within or adjacent to an existing wildlife refuge or reservation, shall become a part of the refuge or reservation. §§ 663 and 666e.

Administration. Areas made available for the purposes of §§ 661 to 666c must be administered by the Secretary directly or in accordance with cooperative agreements. They must be administered in accordance with rules and regulations adopted by the Secretary for the conservation, maintenance and management of wildlife resources thereof, and habitat thereon, under plans approved jointly by the Secretary and the head of the agency exercising primary administration of the areas. Lands having value to the National Migratory Bird Management Program may be made available without cost directly to the state agency having control over wildlife resources. § 664.

Pollution Investigations. The Secretary, through the Fish and Wildlife Service and the U. S. Bureau of Mines, is authorized to make investigations to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports and recommendations to Congress. § 665.

Maintenance of Upper Mississippi River. In its management of existing facilities, the Corps of Engineers is directed to give full recognition to the needs of fish and other wildlife resources and their habitat (including locks, dams and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota. § 665a.

Penalties. Violation of a rule or regulation promulgated in accordance with §§ 661 to 666c is a misdemeanor punishable by a fine, imprisonment for up to one year, or both. (The Sentencing Reform Act of 1984, as amended in 1987, increases allowable fines from the $500 stated in this Act to $100,000 for individuals and $200,000 for organizations. See the summary of the Sentencing Reform Act.) § 666a.

Tennessee Valley Authority. The provisions of §§ 661 to 666c do not apply to the Tennessee Valley Authority. § 666c.

Game Management Supply Depots. Appropriations made for wildlife sanctuaries, reservations and refuges under the control of the Secretary are available to particular projects to purchase supplies and materials at cost from game management supply depots (known as the Game Management Supply Depots Act of June 24, 1936). § 667.

Transfer of Certain Real Property. Real property under jurisdiction or control of a federal agency and no longer required by that agency can be utilized for wildlife conservation by the state agency exercising administration over wildlife resources upon that property. Property which is valuable for this purpose and, in the determination of the Administration of General Services, is available for this use may be transferred without reimbursement to a state agency, or, if the property has value to the migratory bird program, to the Secretary. § 667b.

Reports to Congress. A statement of the acreage and value of property transferred pursuant to §§ 667b to 667d shall be annually prepared by the Administrator of General Services. § 667d.

Appropriations Authorized. The Act authorizes the periodic appropriation of funds necessary to carry out the provisions of §§ 661 to 666c. § 666.


Chapter 4 - Statute Summaries
Federal Wildlife & Related Laws Handbook