411 



mitigating or compensating for these damages. The 

 reporting officers in project reports of the Federal 

 agencies shall give full consideration to the report 

 and recommendations of the Secretary of the In- 

 terior and to any report of the State agency "n the 

 wildlife aspects of such projects, and the project 

 plan shall include such justifiable means and meas- 

 ures for wildlife purposes as the reporting agency 

 finds should be adopted to obtain maximum overall 

 project benefits. 



(c) Modification of projects; acquisition of lands. 

 Federal agencies authorized to construct or oper- 

 ate water-control projects are authorized to modify 

 or add to the structures and operations of such proj- 

 ects, the construction of which has not been sub- 

 stantially completed on the date of enactment of the 

 Rsh and Wildlife Coordination Act. and to acquire 

 lands in accordance with section 663 of this title, in 

 order to accommodate the means and measures for 

 such conservation of wildlife resources as an integral 

 part of such projects: Provided, That for projects 

 authorized by a specific Act of Congress before the 

 date of enactment of the Fish and Wildlife Coordi- 

 nation Act (1) such modification or land acquisition 

 shall be compatible with the purposes for which the 

 project was authorized; (2) the cost of such modifi- 

 cations or land acquisition, as means and measures 

 to prevent loss of and damage to wildlife resources 

 to the extent justifiable, shall be an integral part 

 of the cost of such projects; and (3) the cost of such 

 modifications or land acquisition for the develop- 

 ment or Improvement 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 thQ conservation pur- 

 poses of this section shall constitute an Integral part 

 of the cost of such projects: Provided, That such 

 cost attributable to the development and improve- 

 ment of wildlife shall not extend beyond that neces- 

 sary for (1) land acquisition, (2) facilities as spe- 

 cifically recommended in water resource project 

 reports, (3) modUicatlon of the project, and (4) 

 modification of project operations, but shall not In- 

 clude the operation of wildlife facilities. 



(e) Transfer of funds. 



In the case of construction by a Federal agency, 

 that agency is authorized to transfer to the United 

 States Fish and Wildlife Service, out of appropria- 

 tions or other funds made available for investiga- 

 tions, engineering, or construction, such funds as 

 may.lje necessary to conduct all or part of the inves- 

 tigations required to carry out the purposes of this 

 section. 



(f) Estimation of wildlife benefits or losses. 



In addition to other requirements, there shall be 

 included in any report submitted to Congress sup- 

 porting a recommendation for authorization of any 

 new project for the control or use of water as de- 



scribed herein (including any new division of such 

 project or new supplemental works on such project) 

 an estimation of the wildlife benefits or losses to be 

 derived therefrom including benefits to be derived 

 from measures recommended specifically for the 

 development and improvement of wildlife resources, 

 the cost of providing wildlife benefits (including the 

 cost of additional facilities to be installed or lands 

 to be acquired specifically for that particular phase 

 of wildlife conservation relating to the developmient 

 and improvement of wildlife), the part of the cost 

 of joint-use facilities allocated to wildlife, and the 

 part of such costs, if any. to be reimbursed by non- 

 Federal interests. 



(g) Applicability to projects. 



The provisions of this section shall be applicable 

 with respect to any project for the control or use of 

 water as prescribed herein, or any unit of such proj- 

 ect authorized before or after the date of enactment 

 of the Pish and Wildlife Coordination Act for plan- 

 ning or construction, but shall not be applicable to 

 any project or unit thereof authorized before the 

 date of enactment of the Fish and Wildlife Coordi- 

 nation Act if the construction of the particular proj- 

 ect or unit thereof has been substantially completed. 

 A project or unit thereof shall be considered to be 

 substantially completed when sixty percent or more 

 of the estimated construction cost has been obligated 

 for expenditure. 



(h) Exempt projects and activities. 



The provisions of section 661 to 666c of this title 

 shall not be applicable to those projects for the im- 

 poundment of water where the maximum surface 

 area of such impoundments is less than ten acres, 

 nor to activities for or in connection with programs 

 primarily for land management and use carried out 

 by Federal agencies with respect to Federal lands 

 under their jurisdiction. (Mar. 10, 1934, ch. 55, S 2, 

 48 Stat. 401; 1939 Reorg. Plan No. II, 5 4 (e), (f), 

 eft. July 1. 1939, 4 F. R. 2731, 53 SUt. 1433; Aug. 14, 

 1946, ch. 965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 

 85-624, § 2, 72 Stat. 564: July 9, 1965, Pub. L. 8^72, 



§ 6(b), 79 Stat. 216.) 



Amendments 



1965 — Subsec. (d). Pub. L. 89-72 added clause (2) to 

 proviso, redesignated clauses (2) and (3) thereof as (3) 

 and (4), deleted therefrom "nor the construction of such 

 facilities beyond those herein described" following "wild- 

 life facilities" and deleted a second proviso which applied 

 to projects' constructed under Federal reclamation laws 

 and required the Secretary of Interior. In addition to allo- 

 cations made under section 485h of Title 43, to make find- 

 ings on part of estimated cost of the project which can 

 properly be allocated to pieahs and measures to prevent 

 loss and damage to wildlife resources, which costs shall 

 not be reimbursable, and provided for allocation of project 

 costs to development and Improvement of wildlife re- 

 sources, now covered by sections 4601-12 to 4601-21 of this 

 title. 



1958 — Pub. L. 85-624 amended section generally to re- 

 quire consultations with a view to the conservation of 

 resources by providing for the development and Improve- 

 ment thereof in connection with water-resource develop- 

 ment, to provide for Inclusion of reports and recommenda- 

 tions of the Sscretary of the Interior and of the heads of 

 State agencies In reports prepared or submitted by agen- 

 cies responsible for engineering surveys and construction 

 of projects when such reports are presented to the Con- 

 gress or to any agency or person having the authority or 



