§ 663. — Impoundment or diversion of waters.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
