
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC663]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE
 
            SUBCHAPTER I--GAME, FUR-BEARING ANIMALS, AND FISH
 
Sec. 663. Impoundment or diversion of waters


(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

    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.

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

    When consistent with the purposes of sections 661 to 666c of this 
title 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 construction agencies for 
the wildlife conservation and development purposes of sections 661 to 
666c of this title in connection with a project as reasonably needed to 
preserve and assure for the public benefit the wildlife potentials of 
the particular project area: Provided, That before properties are 
acquired for this purpose, the probable extent of such acquisition shall 
be set forth, along with other data necessary for project authorization, 
in a report submitted to the Congress, or in the case of a project 
previously authorized, no such properties shall be acquired unless 
specifically authorized by Congress, if specific authority for such 
acquisition is recommended by the construction agency.

(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 sections 661 to 666c of this title, 
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.

(Mar. 10, 1934, ch. 55, Sec. 3, 48 Stat. 401; 1940 Reorg. Plan No. III, 
Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, 
ch. 965, 60 Stat. 1080; Pub. L. 85-624, Sec. 2, Aug. 12, 1958, 72 Stat. 
566.)

                       References in Text

    Act of March 1, 1911, referred to in text, is act Mar. 1, 1911, ch. 
186, 36 Stat. 961, popularly known as the Weeks Law, which is classified 
to sections 480, 500, 513 to 519, 521, 552, and 563 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.

                          Transfer of Functions

    See Transfer of Functions note set out under section 661 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 662, 664 of this title.
