412 



the power to authorize the construction of water-resource 

 development projects or to approve a report on the modi- 

 fication or supplementation of plans for previously au- 

 thorized projects, to authorize modification of projects 

 and acquisition of lands, and to require an estimation of 

 benefits or losses to wildlife to be incorporated In the 

 reports submitted to the Congress. 



1946 — Act Aug. 14, 1946, amended section generally 

 to provide for consultations between any agencies and 

 the Fish and Wildlife Service and head of State agency 

 exercising administration over State wildlife resources 

 prior to the impounding of water In order to prevent loss 

 an^ damage to wildlife resources. Former provisions of 

 this section are covered by section 665 of this title. 



§663. Same. 



(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 pur- 

 pose whatever, including navigation and drainage, 

 by any department or agency of the United States, 

 adequate provision, consistent with the primary pur- 

 poses of such impoundment, diversion, or. other con- 

 trol, shaU be made for the use thereof, together with 

 any areas of land, water, or interests therein, ac- 

 quired or administered by a Federal agency in con- 

 nection therewith, for the conservation, mainte- 

 nance, and management of wildlife resources 

 thereof, and its habitat thereon, including the de- 

 velopment and improvement of such wildlife re- 

 sources 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 accord- 

 ance with general plans approved jointly (1) by the 

 head of the particular department or agency exer- 

 cising 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 in- 

 terests shall be made available, without cost for 

 administration, by such State agency, if the man- 

 agement 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 par- 

 ticular proiierties have value in carrying out the 

 national migratory bird management program: 

 Provided, That nothing in this section shall be con- 

 strued as affecting the authority of the Secretary of 

 Agriculture to coopterate 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 (he 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 accord- 

 ance with section 662 of this title, land, waters, and 



interests therein may be acquired by Federal con- 

 struction agencies for the wildlife conservation and 

 development purposes of sections 661 to 666c of this 

 title in coimection with a project as reasonably 

 needed to preserve and assure for the public benefit 

 the wildlife prntentlals 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 im- 

 less 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 trans- 

 actions if such exchange or other transaction would 

 defeat the initial purpose of their acquisition. 



(e) Availability of Federal lands acquired or with- 

 drawn 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 ad- 

 ministered 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, 5 3, 48 Stat. 401; 

 1940 Reorg. Plan No. HI, § 3, eff. June 30. 1940, 5 F. R, 

 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 

 1080; Aug. 12, 1958, Pub. L. 85-624, § 2. 72 Stot. 568.) 



AMINDinNTS 



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" preceding "when- 

 ever the waters", substituted "diverted, the channel deep- 

 ened, or the stream or other body of water otherwise con- 

 trolled or modified for any purpose whatever, including 

 navigation and drainage" for "diverted, or otherwise con- 

 trolled for any purpose whatever", and inserted provisions 

 requiring adequate provision to be made for the develop- 

 ment 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) — (f). Pub. L. 85-624 added subsecs. 

 (c)— <f). 



1946 — Act Aug. 14, 1946, amended section generally to 

 provide for the conservation and maintenance of wildlife 

 resources upon the impounding of waters, and to provide 

 for the free use of the waters under certain conditions. 



