Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "16 U.S.C. § 661"
description: "Short title; authorization"
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title_number: 16
title_name: "CONSERVATION"
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chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "661"
citation: "16 U.S.C. § 661"
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# 16 U.S.C. § 661 - Short title; authorization
## Text
(a) Short title This Act may be cited as the “Fish and Wildlife Coordination Act”.
(b) Authorization For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of this Act; (2) to make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or controlled by any agency of the United States; and (3) to accept donations of land and contributions of funds in furtherance of the purposes of this Act.
(Mar. 10, 1934, ch. 55, § 1, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85624, § 2, Aug. 12, 1958, 72 Stat. 563; Pub. L. 1169, title VII, § 7001(b)(2)(A), Mar. 12, 2019, 133 Stat. 779.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Amendments2019—Pub. L. 1169 inserted section catchline, designated existing provisions as subsec. (b), inserted heading, and added subsec. (a). 1958—Pub. L. 85624 inserted provisions which relate to recognition of the vital contribution of wildlife resources to the Nation, the increasing public interest and significance thereof, and to equal consideration and coordination of wildlife conservation with other water-resources development programs, and which authorize the Secretary to provide public fishing areas, and to accept donations of lands and contributions of funds. 1946—Act Aug. 14, 1946, amended section generally in order to promote more effectual planning and cooperation between Federal, State, public, and private agencies for the conservation and rehabilitation of wildlife.
Statutory Notes and Related Subsidiaries
Short Title of 2022 AmendmentSection 1 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by Pub. L. 117328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996, provided that: “This Act [probably means H.R. 5608 as enacted into law by Pub. L. 117328, enacting section 667i of this title, amending section 8302 of Title 7, Agriculture, and enacting provisions set out as a note under section 667i of this title] may be cited as the Chronic Wasting Disease Research and Management Act.”
Short TitlePub. L. 85624, § 1, Aug. 12, 1958, 72 Stat. 563, provided: “That the Act of March 10, 1934, as amended [sections 661 to 666c1 of this title], and as further amended by this Act may be cited as the Fish and Wildlife Coordination Act.”
Transfer of Functions Functions, appropriations, records, and property of Secretary of the Interior and Fish and Wildlife Service of Department of the Interior which affect or relate to breeding, raising, producing, marketing, or any other phase of production or distribution of domestically raised fur-bearing animals, or the products thereof transferred to Secretary of Agriculture by section 2 of act Apr. 30, 1946, ch. 242, set out as a note under section 399 of Title 7, Agriculture.
AppropriationsPub. L. 85624, § 4, Aug. 12, 1958, 72 Stat. 568, provided that: “There is authorized to be appropriated and expended such funds as may be necessary to carry out the purposes of this Act [amending this section and sections 662 to 664 of this title and enacting section 1008 of this title].”
Study of Soft- and Hard-Shell ClamsAct May 26, 1948, ch. 348, 62 Stat. 274, directed the Fish and Wildlife Service to undertake, in cooperation with appropriate State and interstate agencies in accordance with the provisions of the Act of August 14, 1946 (60 Stat. 1080), comprehensive studies of the soft-shell clam, Mya arenaria, and the hard-shell clam, Venus mercenaria, with particular respect to the biology, propagation, and methods of cultivation of such clams, required the Service to recommend appropriate measures for (1) arresting depletion in existing productive beds; (2) restoring to production beds formerly productive but now barren or unusable; (3) developing new areas which may be found suitable; (4) improving methods and techniques of digging, transplanting, and handling; and (5) otherwise increasing production and improving the quality of such clams for the benefit of both producers and consumers, and authorized for the five-year period beginning July 1, 1948, the sum of $250,000 to carry out the studies of the soft-shell clam and the sum of $250,000 to carry out the studies of the hard-shell clam.
Executive Documents
Transfer of Functions Enforcement functions of Secretary or other official in Department of the Interior related to compliance with wildlife consultation in act Mar. 10, 1934 (see Short Title note above), and such functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with act Mar. 10, 1934, with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5. Reorg. Plan No. III of 1940, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232, set out in the Appendix to Title 5, Government Organization and Employees, consolidated Bureau of Fisheries and Bureau of Biological Survey with their respective functions into one agency in Department of the Interior to be known as the Fish and Wildlife Service, and abolished the office of Commissioner and Deputy Commissioner of Fisheries and transferred their functions to the consolidated agency. Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, transferred Bureau of Fisheries in Department of Commerce, and its functions, to Department of the Interior; transferred functions of Secretary of Commerce relating to protection of fur seals and other fur-bearing animals to Secretary of the Interior; and transferred functions of Secretary of Agriculture relating to conservation of wildlife, game, and migratory birds to Secretary of the Interior.
Ex. Ord. No. 13443. Facilitation of Hunting Heritage and Wildlife Conservation Ex. Ord. No. 13443, Aug. 16, 2007, 72 F.R. 46537, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The purpose of this order is to direct Federal agencies that have programs and activities that have a measurable effect on public land management, outdoor recreation, and wildlife management, including the Department of the Interior and the Department of Agriculture, to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat. Sec. 2. Federal Activities. Federal agencies shall, consistent with agency missions: (a) Evaluate the effect of agency actions on trends in hunting participation and, where appropriate to address declining trends, implement actions that expand and enhance hunting opportunities for the public; (b) Consider the economic and recreational values of hunting in agency actions, as appropriate; (c) Manage wildlife and wildlife habitats on public lands in a manner that expands and enhances hunting opportunities, including through the use of hunting in wildlife management planning; (d) Work collaboratively with State governments to manage and conserve game species and their habitats in a manner that respects private property rights and State management authority over wildlife resources; (e) Establish short and long term goals, in cooperation with State and tribal governments, and consistent with agency missions, to foster healthy and productive populations of game species and appropriate opportunities for the public to hunt those species; (f) Ensure that agency plans and actions consider programs and recommendations of comprehensive planning efforts such as State Wildlife Action Plans, the North American Waterfowl Management Plan, and other range-wide management plans for big game and upland game birds; (g) Seek the advice of State and tribal fish and wildlife agencies, and, as appropriate, consult with the Sporting Conservation Council and other organizations, with respect to the foregoing Federal activities. Sec. 3. North American Wildlife Policy Conference. The Chairman of the Council on Environmental Quality (Chairman) shall, in coordination with the appropriate Federal agencies and in consultation with the Sporting Conservation Council and in cooperation with State and tribal fish and wildlife agencies and the public, convene not later than 1 year after the date of this order, and periodically thereafter at such times as the Chairman deems appropriate, a White House Conference on North American Wildlife Policy (Conference) to facilitate the exchange of information and advice relating to the means for achieving the goals of this order. Sec. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The Chairman shall prepare, consistent with applicable law and subject to the availability of appropriations, in coordination with the appropriate Federal agencies and in consultation with the Sporting Conservation Council, and in cooperation with State and tribal fish and wildlife agencies, not later than 1 year following the conclusion of the Conference, a comprehensive Recreational Hunting and Wildlife Conservation Plan that incorporates existing and ongoing activities and sets forth a 10-year agenda for fulfilling the actions identified in section 2 of this order. Sec. 5. Judicial Review. This order is not intended to, and does not, create any right, benefit, trust responsibility, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. George W. Bush.
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# 16 U.S.C. § 662 - Impounding, diverting, or controlling of waters
## Text
(a) Consultations between agencies Except as hereafter stated in subsection (h) of this section, whenever the waters of any stream or other body of water are proposed or authorized to be 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, or by any public or private agency under Federal permit or license, such department or agency first shall consult with the United States Fish and Wildlife Service, Department of the Interior, and with the head of the agency exercising administration over the wildlife resources of the particular State wherein the impoundment, diversion, or other control facility is to be constructed, with a view to the conservation of wildlife resources by preventing loss of and damage to such resources as well as providing for the development and improvement thereof in connection with such water-resource development.
(b) Reports and recommendations; consideration In furtherance of such purposes, the reports and recommendations of the Secretary of the Interior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife resources of the State, based on surveys and investigations conducted by the United States Fish and Wildlife Service and such State agency for the purpose of determining the possible damage to wildlife resources and for the purpose of determining means and measures that should be adopted to prevent the loss of or damage to such wildlife resources, as well as to provide concurrently for the development and improvement of such resources, shall be made an integral part of any report prepared or submitted by any agency of the Federal Government responsible for engineering surveys and construction of such projects when such reports are presented to the Congress or to any agency or person having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or (2) to approve a report on the modification or supplementation of plans for previously authorized projects, to which this Act applies. Recommendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife conservation and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to wildlife attributable to the project and the measures proposed for 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 Interior and to any report of the State agency on the wildlife aspects of such projects, and the project plan shall include such justifiable means and measures 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 operate water-control projects are authorized to modify or add to the structures and operations of such projects, the construction of which has not been substantially completed on the date of enactment of the Fish 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 Coordination Act (1) such modification or land acquisition shall be compatible with the purposes for which the project was authorized; (2) the cost of such modifications 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 development 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 the conservation purposes of this section shall constitute an integral part of the cost of such projects: Provided, That such cost attributable to the development and improvement of wildlife shall not extend beyond that necessary for (1) land acquisition, (2) facilities as specifically recommended in water resource project reports, (3) modification of the project, and (4) modification of project operations, but shall not include 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 appropriations or other funds made available for investigations, engineering, or construction, such funds as may be necessary to conduct all or part of the investigations 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 supporting a recommendation for authorization of any new project for the control or use of water as described 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 development 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 project authorized before or after the date of enactment of the Fish and Wildlife Coordination Act for planning or construction, but shall not be applicable to any project or unit thereof authorized before the date of enactment of the Fish and Wildlife Coordination Act if the construction of the particular project 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 this Act shall not be applicable to those projects for the impoundment 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, § 2, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85624, § 2, Aug. 12, 1958, 72 Stat. 564; Pub. L. 8972, § 6(b), July 9, 1965, 79 Stat. 216.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (b) and (h), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. The date of enactment of the Fish and Wildlife Coordination Act, referred to in subsecs. (c) and (g), probably refers to the date of enactment of Pub. L. 85624, which was approved Aug. 12, 1958, and which amended sections 1 to 4 of the Act generally and enacted the Short Title. See Short Title note set out under section 661 of this title.
Amendments1965—Subsec. (d). Pub. L. 8972 added cl. (2) to proviso, redesignated cls. (2) and (3) thereof as (3) and (4), struck out “nor the construction of such facilities beyond those herein described” after “wildlife facilities” and struck out a second proviso which applied to projects constructed under Federal reclamation laws and required the Secretary of the Interior, in addition to allocations made under section 485h of Title 43, to make findings on part of estimated cost of the project which can properly be allocated to means 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 resources, now covered by sections 460l12 to 460l21 of this title. 1958—Pub. L. 85624 amended section generally to require consultations with a view to the conservation of resources by providing for the development and improvement thereof in connection with water-resource development, to provide for inclusion of reports and recommendations of the Secretary of the Interior and of the heads of State agencies in reports prepared or submitted by agencies responsible for engineering surveys and construction of projects when such reports are presented to the Congress or to any agency or person having the authority or the power to authorize the construction of water-resource development projects or to approve a report on the modification or supplementation of plans for previously authorized 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 and damage to wildlife resources. Former provisions of this section are covered by section 665 of this title.
Executive Documents
Transfer of Functions See Transfer of Functions note set out under section 661 of this title.
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# 16 U.S.C. § 663 - Impoundment or diversion of waters
## Text
(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 this Act 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 this Act 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 this Act, 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, § 3, 48 Stat. 401; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 85624, § 2, Aug. 12, 1958, 72 Stat. 566.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsecs. (c) and (e), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables. Act of March 1, 1911, referred to in subsec. (f), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 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.
Amendments1958—Subsec. (a). Pub. L. 85624 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. 85624 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. 85624 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.
Executive Documents
Transfer of Functions See Transfer of Functions note set out under section 661 of this title.
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# 16 U.S.C. § 664 - Administration; rules and regulations; availability of lands to State agencies
## Text
Such areas as are made available to the Secretary of the Interior for the purposes of this Act, pursuant to sections 661 and 663 of this title or pursuant to any other authorization, shall be administered by him directly or in accordance with cooperative agreements entered into pursuant to the provisions of section 661 of this title and in accordance with such rules and regulations for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by the Secretary in accordance with general plans approved jointly by the Secretary of the Interior and the head of the department or agency exercising primary administration of such areas: Provided, That such rules and regulations shall not be inconsistent with the laws for the protection of fish and game of the States in which such area is situated: Provided, further, That lands having value to the National Migratory Bird Management Program may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if it is jointly determined by the Secretary of the Interior and such State agency that this would be in the public interest: And provided further, That the Secretary of the Interior shall have the right to assume the management and administration of such lands in behalf of the National Migratory Bird Management Program if the Secretary finds that the State agency has withdrawn from or otherwise relinquished such management and administration.
(Mar. 10, 1934, ch. 55, § 4, 48 Stat. 402; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 85624, § 2, Aug. 12, 1958, 72 Stat. 567.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
Amendments1958—Pub. L. 85624 permitted lands having value to the National Bird Management Program to be made available directly to the State agency having control over wildlife resources. 1946—Act Aug. 14, 1946, amended section generally to provide for administration of wildlife areas, and for the promulgation of rules and regulations.
Executive Documents
Transfer of Functions See Transfer of Functions note set out under section 661 of this title.
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# 16 U.S.C. § 665 - Investigations as to effect of sewage, industrial wastes; reports
## Text
The Secretary of the Interior, through the Fish and Wildlife Service and the United States Bureau of Mines, is authorized to make such investigations as he deems necessary to determine the effects of domestic sewage, mine, petroleum, and industrial wastes, erosion silt, and other polluting substances on wildlife, and to make reports to the Congress concerning such investigations and of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include (1) the determination of standards of water quality for the maintenance of wildlife; (2) the study of methods of abating and preventing pollution, including methods for the recovery of useful or marketable products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations for the use of Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.
(Mar. 10, 1934, ch. 55, § 5, 48 Stat. 402; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 102285, § 10(b), May 18, 1992, 106 Stat. 172.)
## Notes
Editorial Notes
Amendments1946—Act Aug. 14, 1946, amended section generally to provide for investigations as to the effect of sewage and industrial waste on wildlife.
Statutory Notes and Related Subsidiaries
Change of Name “United States Bureau of Mines” substituted in text for “Bureau of Mines” pursuant to section 10(b) of Pub. L. 102285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see Transfer of Functions note set out under section 1 of Title 30.
Executive Documents
Transfer of Functions See Transfer of Functions note set out under section 661 of this title.
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# 16 U.S.C. § 665a - Maintenance of adequate water levels in upper Mississippi River
## Text
In the management of existing facilities (including locks, dams, and pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the Department of the Army, that Department is directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such waters, without increasing additional liability to the Government, and, to the maximum extent possible without causing damage to levee and drainage districts, adjacent railroads and highways, farm lands, and dam structures, shall generally operate and maintain pool levels as though navigation was carried on throughout the year.
(Mar. 10, 1934, ch. 55, § 5A, as added June 19, 1948, ch. 528, 62 Stat. 497.)
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# 16 U.S.C. § 666 - Authorization of appropriations
## Text
There is authorized to be appropriated from time to time, out of any money in the Treasury not otherwise appropriated, such amounts as may be necessary to carry out the provisions of this Act and regulations made pursuant thereto, including the construction of such facilities, buildings, and other improvements necessary for economical administration of areas made available to the Secretary of the Interior under this Act, and the employment in the city of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes.
(Mar. 10, 1934, ch. 55, § 6, 48 Stat. 402; Aug. 14, 1946, ch. 965, 60 Stat. 1081.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
Amendments1946—Act Aug. 14, 1946, amended section generally to provide for the necessary appropriations to carry out the purposes of sections 661 to 666c of this title.
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# 16 U.S.C. § 666a - Penalties
## Text
Any person who shall violate any rule or regulation promulgated in accordance with this Act shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than one year, or both.
(Mar. 10, 1934, ch. 55, § 7, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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# 16 U.S.C. § 666b - Definitions
## Text
The terms “wildlife” and “wildlife resources” as used herein include birds, fishes, mammals, and all other classes of wild animals and all types of aquatic and land vegetation upon which wildlife is dependent.
(Mar. 10, 1934, ch. 55, § 8, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
## Notes
Editorial Notes
References in TextHerein, referred to in text, means act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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# 16 U.S.C. § 666c1 - Protection of water, oceans, coasts, and wildlife from invasive species
## Text
(a) Definitions In this section:
(1) Control The term “control”, with respect to an invasive species, means the eradication, suppression, or reduction of the population of the invasive species within the area in which the invasive species is present.
(2) Ecosystem The term “ecosystem” means the complex of a community of organisms and the environment of the organisms.
(3) Eligible State The term “eligible State” means any of— 11 So in original.
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(4) Invasive species (A) In general The term “invasive species” means an alien species, the introduction of which causes, or is likely to cause, economic or environmental harm or harm to human health.
(B) Associated definition For purposes of subparagraph (A), the term “alien species”, with respect to a particular ecosystem, means any species (including the seeds, eggs, spores, or other biological material of the species that are capable of propagating the species) that is not native to the affected ecosystem.
(5) Manage; management The terms “manage” and “management”, with respect to an invasive species, mean the active implementation of any activity—
(A) to reduce or stop the spread of the invasive species; and
(B) to inhibit further infestations of the invasive species, the spread of the invasive species, or harm caused by the invasive species, including investigations regarding methods for early detection and rapid response, prevention, control, or management of the invasive species.
(6) Prevent The term “prevent”, with respect to an invasive species, means—
(A) to hinder the introduction of the invasive species onto land or water; or
(B) to impede the spread of the invasive species within land or water by inspecting, intercepting, or confiscating invasive species threats prior to the establishment of the invasive species onto land or water of an eligible State.
(7) Secretary concerned The term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to Federal land administered by the Corps of Engineers;
(B) the Secretary of the Interior, with respect to Federal land administered by the Secretary of the Interior through—
(i) the United States Fish and Wildlife Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with respect to Federal land administered by the Secretary of Agriculture through the Forest Service; and
(D) the head or a representative of any other Federal agency the duties of whom require planning relating to, and the treatment of, invasive species for the purpose of protecting water and wildlife on land and coasts and in oceans and water.
(8) Species The term “species” means a group of organisms, all of which—
(A) have a high degree of genetic similarity;
(B) are morphologically distinct;
(C) generally—
(i) interbreed at maturity only among themselves; and
(ii) produce fertile offspring; and
(D) show persistent differences from members of allied groups of organisms.
(b) Control and management Each Secretary concerned shall plan and carry out activities on land directly managed by the Secretary concerned to protect water and wildlife by controlling and managing invasive species—
(1) to inhibit or reduce the populations of invasive species; and
(2) to effectuate restoration or reclamation efforts.
(c) Strategic plan (1) In general Each Secretary concerned shall develop a strategic plan for the implementation of the invasive species program to achieve, to the maximum extent practicable, a substantive annual net reduction of invasive species populations or infested acreage on land or water managed by the Secretary concerned.
(2) Coordination Each strategic plan under paragraph (1) shall be developed—
(A) in coordination with affected—
(i) relevant Federal agencies;
(ii) eligible States; and
(iii) political subdivisions of eligible States;
(B) in consultation with stakeholders, including nongovernmental organizations and industry;
(C) in consultation with federally recognized Indian tribes; and
(D) in accordance with the priorities established by 1 or more Governors of the eligible States in which an ecosystem affected by an invasive species is located.
(3) Factors for consideration In developing a strategic plan under this subsection, the Secretary concerned shall take into consideration the economic and ecological costs of action or inaction, as applicable.
(d) Cost-effective methods In selecting a method to be used to control or manage an invasive species as part of a specific control or management project conducted as part of a strategic plan developed under subsection (c), the Secretary concerned shall prioritize the use of methods that—
(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on sound scientific data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in the most cost-effective manner.
(e) Comparative economic assessment To achieve compliance with subsection (d), the Secretary concerned shall require a comparative economic assessment of invasive species control and management methods to be conducted.
(f) Expedited action (1) In general The Secretaries concerned shall use all tools and flexibilities available (as of March 12, 2019) to expedite the projects and activities described in paragraph (2).
(2) Description of projects and activities A project or activity referred to in paragraph (1) is a project or activity—
(A) to protect water or wildlife from an invasive species that, as determined by the Secretary concerned is, or will be, carried out on land or water that is—
(i) directly managed by the Secretary concerned; and
(ii) located in an area that is—
(I) at high risk for the introduction, establishment, or spread of invasive species; and
(II) determined by the Secretary concerned to require immediate action to address the risk identified in subclause (I); and
(B) carried out in accordance with applicable agency procedures, including any applicable—
(i) land or resource management plan; or
(ii) land use plan.
(g) Allocation of funding Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned shall use not less than 75 percent for on-the-ground control and management of invasive species, which may include—
(1) the purchase of necessary products, equipment, or services to conduct that control and management;
(2) the use of integrated pest management options, including options that use pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems;
(5) the use of monitoring and detection activities for invasive species, including equipment, detection dogs, and mechanical devices;
(6) the use of appropriate methods to remove invasive species from a vehicle or vessel capable of conveyance; or
(7) the use of other effective mechanical or manual control methods.
(h) Investigations, outreach, and public awareness Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned may use not more than 15 percent for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs.
(i) Administrative costs Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, not more than 10 percent may be used for administrative costs incurred to carry out those programs, including costs relating to oversight and management of the programs, recordkeeping, and implementation of the strategic plan developed under subsection (c).
(j) Reporting requirements Not later than 60 days after the end of the second fiscal year beginning after March 12, 2019, each Secretary concerned shall submit to Congress a report—
(1) describing the use by the Secretary concerned during the 2 preceding fiscal years of funds for programs that address or include invasive species management; and
(2) specifying the percentage of funds expended for each of the purposes specified in subsections (g), (h), and (i).
(k) Relation to other authority (1) Other invasive species control, prevention, and management authorities Nothing in this section precludes the Secretary concerned from pursuing or supporting, pursuant to any other provision of law, any activity regarding the control, prevention, or management of an invasive species, including investigations to improve the control, prevention, or management of the invasive species.
(2) Public water supply systems Nothing in this section authorizes the Secretary concerned to suspend any water delivery or diversion, or otherwise to prevent the operation of a public water supply system, as a measure to control, manage, or prevent the introduction or spread of an invasive species.
(l) Use of partnerships Subject to the 1 subsections (m) and (n), the Secretary concerned may enter into any contract or cooperative agreement with another Federal agency, an eligible State, a federally recognized Indian tribe, a political subdivision of an eligible State, or a private individual or entity to assist with the control and management of an invasive species.
(m) Memorandum of understanding (1) In general As a condition of a contract or cooperative agreement under subsection (l), the Secretary concerned and the applicable Federal agency, eligible State, political subdivision of an eligible State, or private individual or entity shall enter into a memorandum of understanding that describes—
(A) the nature of the partnership between the parties to the memorandum of understanding; and
(B) the control and management activities to be conducted under the contract or cooperative agreement.
(2) Contents A memorandum of understanding under this subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species to be controlled or managed.
(B) An assessment of the total acres of land or area of water infested by the invasive species.
(C) An estimate of the expected total acres of land or area of water infested by the invasive species after control and management of the invasive species is attempted.
(D) A description of each specific, integrated pest management option to be used, including a comparative economic assessment to determine the least-costly method.
(E) Any map, boundary, or Global Positioning System coordinates needed to clearly identify the area in which each control or management activity is proposed to be conducted.
(F) A written assurance that each partner will comply with section 2814 of title 7.
(3) Coordination If a partner to a contract or cooperative agreement under subsection (l) is an eligible State, political subdivision of an eligible State, or private individual or entity, the memorandum of understanding under this subsection shall include a description of—
(A) the means by which each applicable control or management effort will be coordinated; and
(B) the expected outcomes of managing and controlling the invasive species.
(4) Public outreach and awareness efforts If a contract or cooperative agreement under subsection (l) involves any outreach or public awareness effort, the memorandum of understanding under this subsection shall include a list of goals and objectives for each outreach or public awareness effort that have been determined to be efficient to inform national, regional, State, Tribal, or local audiences regarding invasive species control and management.
(n) Investigations The purpose of any invasive species-related investigation carried out under a contract or cooperative agreement under subsection (l) shall be—
(1) to develop solutions and specific recommendations for control and management of invasive species; and
(2) specifically to provide faster implementation of control and management methods.
(o) Coordination with affected local governments Each project and activity carried out pursuant to this section shall be coordinated with affected local governments in a manner that is consistent with section 1712(c)(9) of title 43.
(p) Authorization of appropriations There are authorized to be appropriated to carry out this section for each of fiscal years 2021 through 2030—
(1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers; and
(2) $2,500,000 to the Secretary of the Interior.
(Mar. 10, 1934, ch. 55, § 10, as added Pub. L. 1169, title VII, § 7001(b)(2)(B), Mar. 12, 2019, 133 Stat. 779; amended Pub. L. 116188, title I, § 105, Oct. 30, 2020, 134 Stat. 916; Pub. L. 118198, title I, § 104, Dec. 23, 2024, 138 Stat. 2680.)
## Notes
Editorial Notes
References in TextThe Federal Insecticide, Fungicide, and Rodenticide Act, referred to in subsec. (g)(2), is act June 25, 1947, ch. 125, as amended generally by Pub. L. 92516, § 2, Oct. 21, 1972, 86 Stat. 973, which is classified generally to subchapter II (§ 136 et seq.) of chapter 6 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 136 of Title 7 and Tables.
Amendments2024—Subsec. (p). Pub. L. 118198 substituted “2030” for “2025” in introductory provisions. 2020—Subsec. (c)(2)(A). Pub. L. 116188, § 105(1)(A), added cl. (i) and redesignated former cls. (i) and (ii) as (ii) and (iii), respectively. Subsec. (c)(2)(B) to (D). Pub. L. 116188, § 105(1)(B), (C), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (p). Pub. L. 116188, § 105(2), added subsec. (p).
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# 16 U.S.C. § 666c - Applicability to Tennessee Valley Authority
## Text
The provisions of this Act shall not apply to the Tennessee Valley Authority.
(Mar. 10, 1934, ch. 55, § 9, as added Aug. 14, 1946, ch. 965, 60 Stat. 1082.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.
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# 16 U.S.C. § 666d - Skagit National Wildlife Refuge; exchange of lands
## Text
The Secretary of the Interior is authorized, in his discretion, at any time within ten years from October 6, 1949, to accept from the State of Washington on behalf of the United States title to any lands in the State of Washington which he deems chiefly valuable for wildlife refuge purposes, and which are equivalent in value to the lands of the United States within the Skagit National Wildlife Refuge, and in exchange therefor to convey by deed on behalf of the United States to the State of Washington the said lands of the United States in the Skagit National Wildlife Refuge.
(Oct. 6, 1949, ch. 619, § 1, 63 Stat. 708.)
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# 16 U.S.C. § 666e - Administration of acquired lands
## Text
Any lands acquired by the Secretary of the Interior under the terms of this section and section 666d of this title, if located within or adjacent to an existing wildlife refuge or reservation, immediately shall become a part of such refuge or reservation and shall be administered under the laws and regulations applicable thereto, and, if not so located, may be administered as a migratory-waterfowl management area, refuge, reservation, or breeding ground in accordance with the provisions of the Act of August 14, 1946 (60 Stat. 1080), and Acts supplementary thereto.
(Oct. 6, 1949, ch. 619, § 2, 63 Stat. 708.)
## Notes
Editorial Notes
References in TextThe Act of August 14, 1946, referred to in text, is act Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act Mar. 10, 1934, ch. 55, by generally amending sections 1 to 6, which are classified to sections 661 to 665 and 666 of this title, and by adding sections 7 to 9, which are classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10 of act Mar. 10, 1934, which are classified to sections 665a and 666c1 of this title, respectively.
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# 16 U.S.C. § 666f - Wildlife conservation and agricultural, industrial, recreational, and related uses for certain Federal lands; transfer of lands to Secretary of the Interior; administration, development, and disposition
## Text
In order to promote the orderly development and use of the lands and interests therein acquired by the United States in connection with the Crab Orchard Creek project and the Illinois Ordnance Plant in Williamson, Jackson, and Union Counties, Illinois, consistent with the needs of agriculture, industry, recreation, and wildlife conservation, all of the interests of the United States in and to such lands are hereby transferred to the Secretary of the Interior for administration, development, and disposition, in accordance with the provisions of this section and section 666g of this title.
(Aug. 5, 1947, ch. 489, § 1, 61 Stat. 770.)
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# 16 U.S.C. § 666g - Classification of lands; industrial leases; moneys subject to section 715s of this title; administration; jurisdiction of Federal agencies
## Text
All of the lands transferred to the Secretary of the Interior, pursuant to the provisions of section 666f of this title and this section, first shall be classified by him with a view to determining, in cooperation with Federal, State, and public or private agencies and organizations, the most beneficial use that may be made thereof to carry out the purposes of section 666f of this title and this section, including the development of wildlife conservation, agricultural, recreational, industrial, and related purposes. Such lands as have been or may hereafter be determined to be chiefly valuable for industrial purposes shall be leased for such purposes at such time and under such terms and conditions as the Secretary of the Interior shall prescribe. All moneys received or collected in connection with such leases shall be subject to the provisions of section 715s of this title. Except to the extent otherwise provided in section 666f of this title and this section, all lands herein transferred shall be administered by the Secretary of the Interior through the Fish and Wildlife Service in accordance with the provisions of the act of August 14, 1946 (Public Law 732, Seventy-ninth Congress), and Acts supplementary thereto and amendatory thereof for the conservation of wildlife, and for the development of the agricultural, recreational, industrial, and related purposes specified in section 666f of this title and this section: Provided, That no jurisdiction shall be exercised by the Secretary of the Interior over that portion of such lands and the improvements thereon which are now utilized by the Department of the Army directly or indirectly until such time as it is determined by the Secretary of the Army that utilization of such portions of such lands and the improvements thereon directly or indirectly by the Department of the Army is no longer required: Provided further, That, subsequent to the determination referred to in the preceding proviso, the lands and improvements mentioned therein shall be administered by the Secretary of the Interior, and any lease or other disposition thereof shall be made subject to such terms, conditions, restrictions, and reservations imposed by the Secretary of the Army as will, in the opinion of the Secretary of the Army, be adequate to assure the continued availability for war production purposes of such lands and improvements.
(Aug. 5, 1947, ch. 489, § 2, 61 Stat. 770; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 95616, § 8, Nov. 8, 1978, 92 Stat. 3114.)
## Notes
Editorial Notes
References in TextSection 715s of this title, referred to in text, was in the original “the Act of June 15, 1935, as amended (49 Stat. 383; 16 U.S.C. 715s)”. The act of August 14, 1946, referred to in text, is act Aug. 14, 1946, ch. 965, 60 Stat. 1080, which amended act Mar. 10, 1934, ch. 55, by generally amending sections 1 to 6, which are classified to sections 661 to 665 and 666 of this title, and by adding sections 7 to 9, which are classified to sections 666a to 666c of this title. Subsequent acts added sections 5A and 10 of act Mar. 10, 1934, which are classified to sections 665a and 666c1 of this title, respectively.
Amendments1978—Pub. L. 95616 substituted in second sentence “terms and conditions as the Secretary of the Interior shall prescribe” for “terms and conditions as are consistent with the general purposes of section 2 of the Surplus Property Act of 1944, as amended, and with the purposes of section 666f of this title and this section” and made moneys received or collected in connection with the leases to be subject to section 715s of this title.
Statutory Notes and Related Subsidiaries
Change of Name Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.
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# 16 U.S.C. § 667 - Game management supply depots; appropriations
## Text
Appropriations made for the administration, protection, maintenance, control, improvements, and development of wildlife sanctuaries, reservations, and refuges under the control of the Secretary of the Interior shall be available for the purchase, transportation, and handling of supplies and materials for distribution at cost from game management supply depots maintained by the Department of the Interior to projects specially provided for, and transfers between the appropriations for said purposes are authorized in order that the cost of supplies and materials, and transportation and handling thereof, drawn from central warehouses so maintained may be charged to the particular project benefited; and such supplies and materials as remain in said depots at the end of any fiscal year shall be continuously available for issuance during subsequent fiscal years and to be charged for by such transfers of funds between said appropriations for the fiscal year then current without decreasing in any way the appropriations made for that fiscal year: Provided, That supplies and materials shall not be purchased solely for the purpose of increasing the value of storehouse stock beyond reasonable requirements for any current fiscal year.
(June 24, 1936, ch. 764, 49 Stat. 1913; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)
## Notes
Editorial Notes
Codification Former first sentence provided for establishment of a game management supply depot and laboratory at Pocatello, Idaho.
Executive Documents
Transfer of Functions See Transfer of Functions note set out under section 661 of this title.
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# 16 U.S.C. § 667a - Omitted
## Notes
Editorial Notes
Codification Section, act June 8, 1940, ch. 295, §§ 14, 54 Stat. 261, authorized compacts or agreements between or among the States bordering on the Atlantic Ocean with respect to fishing in the territorial waters and bays and inlets of the Atlantic Ocean on which such States border. Act May 4, 1942, ch. 283, §§ 14, 56 Stat. 267, granted the consent and approval of Congress to an interstate compact relating to the better utilization of the fisheries (marine, shell, and anadromous) of the Atlantic seaboard and creating the Atlantic States Marine Fisheries Commission. Act Aug. 19, 1950, ch. 763, §§ 14, 64 Stat. 467, granted the consent and approval of Congress to an amendment to the Atlantic States Marine Fisheries Compact and repealed limitation on the life of such compact.
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# 16 U.S.C. § 667b - Transfer of certain real property for wildlife conservation purposes; reservation of rights
## Text
Upon request, real property which is under the jurisdiction or control of a Federal agency and no longer required by such agency, (1) can be utilized for wildlife conservation purposes by the agency of the State exercising administration over the wildlife resources of the State wherein the real property lies or by the Secretary of the Interior; and (2) is valuable for use for any such purpose, and which, in the determination of the Administrator of General Services, is available for such use may, notwithstanding any other provisions of law, be transferred without reimbursement or transfer of funds (with or without improvements as determined by said Administrator) by the Federal agency having jurisdiction or control of the property to (a) such State agency if the management thereof for the conservation of wildlife relates to other than migratory birds, or (b) to the Secretary of the Interior if the real property has particular value in carrying out the national migratory bird management program. Any such transfer to other than the United States shall be subject to the reservation by the United States of all oil, gas, and mineral rights, and to the condition that the property shall continue to be used for wildlife conservation or other of the above-stated purposes and in the event it is no longer used for such purposes or in the event it is needed for national defense purposes title thereto shall revert to the United States.
(May 19, 1948, ch. 310, § 1, 62 Stat. 240; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L. 92432, Sept. 26, 1972, 86 Stat. 723.)
## Notes
Editorial Notes
Amendments1972—Cl. (2). Pub. L. 92432 struck out “chiefly” before “valuable for use”.
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949. Transfer of functions effective July 1, 1949, see section 605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.
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# 16 U.S.C. § 667c - Publication of designating order
## Text
Whenever any real property is transferred pursuant to sections 667b to 667d of this title, the Administrator of General Services shall make and have published in the Federal Register an appropriate order, which may be revised from time to time in like manner, designating for which of the purposes specified in section 667b of this title the property so transferred shall be used.
(May 19, 1948, ch. 310, § 2, 62 Stat. 241; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949. Transfer of functions effective July 1, 1949, see section 605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.
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# 16 U.S.C. § 667d - Reports to Congress
## Text
A statement of the acreage and value of such property as may have been transferred pursuant to sections 667b to 667d of this title during the preceding fiscal year shall be annually prepared by the Administrator of General Services.
(May 19, 1948, ch. 310, § 3, 62 Stat. 241; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381; Pub. L. 10466, title II, § 2091(b), Dec. 21, 1995, 109 Stat. 730.)
## Notes
Editorial Notes
Amendments1995—Pub. L. 10466 struck out before period at end “and shall be included in the annual budget transmitted to the Congress”.
Statutory Notes and Related Subsidiaries
Transfer of Functions Functions, records, property, etc., of War Assets Administration transferred to General Services Administration, functions of War Assets Administrator transferred to Administrator of General Services, and War Assets Administration and office of War Assets Administrator abolished by section 105 of act June 30, 1949. Transfer of functions effective July 1, 1949, see section 605, formerly § 505, of act June 30, 1949, ch. 288, 63 Stat. 403; renumbered by act Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.
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source_identifier: "/us/usc/t16/s667e"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667e - Repealed. Pub. L. 9779, § 9(b)(2), Nov. 16, 1981, 95 Stat. 1079
## Notes
Section, act May 25, 1900, ch. 553, § 5, 31 Stat. 188, provided that the dead bodies of game animals or game or song birds be subject to the laws of the State into which they are transported. See section 3378(a) of this title.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667f1"
description: "Requisition of grain to prevent crop depredation by migratory waterfowl"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667f1"
citation: "16 U.S.C. § 667f1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667f1 - Requisition of grain to prevent crop depredation by migratory waterfowl
## Text
Upon a finding by the Secretary of the Interior that any area in the United States is threatened with damage to farmers crops by migratory waterfowl, whether or not during the open season for such migratory waterfowl, the Secretary of the Interior is authorized and directed to requisition from the Commodity Credit Corporation and to make available to Federal, State, or local governmental bodies or officials, or to private organizations or persons, such grain acquired by the Commodity Credit Corporation through price-support operations in such quantities and subject to such regulations as the Secretary determines will most effectively lure migratory waterfowl away from crop depredations and at the same time not expose such migratory waterfowl to shooting over areas to which the waterfowl have been lured by such feeding programs.
(July 3, 1956, ch. 512, § 2, 70 Stat. 492.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 443 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667f2"
description: "Reimbursement of packaging and transporting expenses"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667f2"
citation: "16 U.S.C. § 667f2"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t16/s667f2"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667f2 - Reimbursement of packaging and transporting expenses
## Text
With respect to all grain made available pursuant to section 667f1 of this title, the Commodity Credit Corporation shall be reimbursed by the Secretary of the Interior for its expenses in packaging and transporting such grain for purposes of sections 667f to 667f3 of this title.
(July 3, 1956, ch. 512, § 3, 70 Stat. 492.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 444 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667f3"
description: "Authorization of appropriations for mitigating losses caused by waterfowl depredation"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667f3"
citation: "16 U.S.C. § 667f3"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667f3"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667f3 - Authorization of appropriations for mitigating losses caused by waterfowl depredation
## Text
There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its investment in the grain transferred pursuant to sections 667f to 667f3 of this title.
(July 3, 1956, ch. 512, § 4, 70 Stat. 492.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 445 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667f"
description: "Availability of grain to prevent waterfowl depredations; payment of packaging, transporting, handling, and other charges"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667f"
citation: "16 U.S.C. § 667f"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667f"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667f - Availability of grain to prevent waterfowl depredations; payment of packaging, transporting, handling, and other charges
## Text
For the purpose of preventing crop damage by migratory waterfowl, the Commodity Credit Corporation shall make available to the Secretary of the Interior such wheat, corn, or other grains, acquired through price support operations and certified by the Commodity Credit Corporation to be available for purposes of sections 667f to 667f3 of this title or in such condition through spoilage or deterioration as not to be desirable for human consumption, as the Secretary of the Interior shall requisition pursuant to section 667f1 of this title. With respect to any grain thus made available, the Commodity Credit Corporation may pay packaging, transporting, handling, and other charges up to the time of delivery to one or more designated locations in each State.
(July 3, 1956, ch. 512, § 1, 70 Stat. 492.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 442 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667g1"
description: "Requisition and use of grain for prevention of starvation of migratory birds; reimbursement for packaging and transporting"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667g1"
citation: "16 U.S.C. § 667g1"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667g1"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667g1 - Requisition and use of grain for prevention of starvation of migratory birds; reimbursement for packaging and transporting
## Text
Upon a finding by the Secretary of the Interior that migratory birds are threatened with starvation in any area of the United States, the Secretary is authorized to requisition from the Commodity Credit Corporation grain acquired by that Corporation through price support operations in such quantities as may be mutually agreed upon. The Corporation shall be reimbursed by the Secretary for its expense in packaging and transporting of such grain for purposes of sections 667g to 667g2 of this title.
(Pub. L. 87152, § 2, Aug. 17, 1961, 75 Stat. 389.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 448 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667g2"
description: "Authorization of appropriations for reimbursement of Commodity Credit Corporation"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667g2"
citation: "16 U.S.C. § 667g2"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667g2"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667g2 - Authorization of appropriations for reimbursement of Commodity Credit Corporation
## Text
There are authorized to be appropriated such sums as may be necessary to reimburse the Commodity Credit Corporation for its investment in grain transferred pursuant to sections 667g to 667g2 of this title.
(Pub. L. 87152, § 3, Aug. 17, 1961, 75 Stat. 389.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 449 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "16 U.S.C. § 667g"
description: "Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agencies; reimbursement for packaging and transporting"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667g"
citation: "16 U.S.C. § 667g"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667g"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667g - Requisition of surplus grain; prevention of starvation of resident game birds and other resident wildlife; utilization by State agencies; reimbursement for packaging and transporting
## Text
For the purpose of meeting emergency situations caused by adverse weather conditions or other factors destructive of important wildlife resources, the States are authorized, upon the request of the State fish and game authority or other State agency having similar authority and a finding by the Secretary of the Interior that any area of the United States is threatened with serious damage or loss to resident game birds and other resident wildlife from starvation, to requisition from the Commodity Credit Corporation grain acquired by the Corporation through price support operations. Such grain may thereafter be furnished to the particular State for direct and sole utilization by the appropriate State agencies for purposes of sections 667g to 667g2 of this title in such quantities as mutually agreed upon by the State and the Commodity Credit Corporation and subject to such regulations as may be considered desirable by the Corporation. The Corporation shall be reimbursed by the particular State in each instance for the expense of the Corporation in packaging and transporting such grain for purposes of sections 667g to 667g2 of this title.
(Pub. L. 87152, § 1, Aug. 17, 1961, 75 Stat. 389.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 447 of Title 7, Agriculture, prior to editorial reclassification and renumbering as this section.
@@ -0,0 +1,205 @@
---
type: "LegalText"
title: "16 U.S.C. § 667h"
description: "Chronic Wasting Disease Task Force"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 16
title_name: "CONSERVATION"
chapter_number: "5A"
chapter_name: "PROTECTION AND CONSERVATION OF WILDLIFE"
section: "667h"
citation: "16 U.S.C. § 667h"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip"
source_identifier: "/us/usc/t16/s667h"
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retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 16 U.S.C. § 667h - Chronic Wasting Disease Task Force
## Text
(a) Definitions In this section:
(1) Cervid The term “cervid” means any species within the family Cervidae.
(2) Chronic wasting disease The term “chronic wasting disease” means the animal disease afflicting deer, elk, and moose populations that—
(A) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and
(B) belongs to the group of diseases known as transmissible spongiform encephalopathies, which group includes scrapie, bovine spongiform encephalopathy, and Creutzfeldt-Jakob disease.
(3) Secretaries The term “Secretaries” means the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, and the Secretary of the Interior, acting through the Director of the United States Geological Survey and the Director of the United States Fish and Wildlife Service, acting jointly.
(b) Establishment (1) In general The Secretaries shall establish within the United States Fish and Wildlife Service a task force, to be known as the “Chronic Wasting Disease Task Force” (referred to in this subsection as the “Task Force”).
(2) Duties The Task Force shall—
(A) collaborate with foreign governments to share research, coordinate efforts, and discuss best management practices to reduce, minimize, prevent, or eliminate chronic wasting disease in the United States;
(B) develop recommendations, including recommendations based on findings of the study conducted under subsection (c), and a set of best practices regarding—
(i) the interstate coordination of practices to prevent the new introduction of chronic wasting disease;
(ii) the prioritization and coordination of the future study of chronic wasting disease, based on evolving research needs;
(iii) ways to leverage the collective resources of Federal, State, and local agencies, Indian Tribes, and foreign governments, and resources from private, nongovernmental entities, to address chronic wasting disease in the United States and along the borders of the United States; and
(iv) any other area where containment or management efforts relating to chronic wasting disease may differ across jurisdictions; and
(C) develop, from the recommendations developed under subparagraph (B), an action plan that gives States, the Federal Government, Indian Tribes, and the farmed cervid industry specific recommendations to ensure consistent and coordinated management and focused, prioritized research to stop the spread of and mitigate the impacts of chronic wasting disease.
(3) Membership (A) In general The Task Force shall be composed of—
(i) 1 representative of the United States Fish and Wildlife Service with experience in chronic wasting disease, to be appointed by the Secretary of the Interior (referred to in this subsection as the “Secretary”);
(ii) 1 representative of the United States Geological Survey;
(iii) 2 representatives of the Department of Agriculture with experience in chronic wasting disease, to be appointed by the Secretary of Agriculture—
(I) 1 of whom shall have expertise in cervid health research; and
(II) 1 of whom shall have expertise in wildlife management;
(iv) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has been reported to the appropriate State agency, not more than 2 representatives, to be nominated by the Governor of the State—
(I) not more than 1 of whom shall be a representative of the State agency with jurisdiction over wildlife management or wildlife disease in the State; and
(II) in the case of a State with a farmed cervid program or economy, not more than 1 of whom shall be a representative of the State agency with jurisdiction over farmed cervid regulation in the State;
(v) in the case of each State in which chronic wasting disease among elk, mule deer, white-tailed deer, or moose has not been documented, but that has carried out measures to prevent the introduction of chronic wasting disease among those species, not more than 2 representatives, to be nominated by the Governor of the State;
(vi) not more than 2 representatives from an Indian Tribe or Tribal organization chosen in a process determined, in consultation with Indian Tribes, by the Secretary; and
(vii) not more than 5 nongovernmental members with relevant expertise appointed, after the date on which the members are first appointed under clauses (i) through (vi), by a majority vote of the State representatives appointed under clause (iv).
(B) Effect Nothing in this paragraph requires a State to participate in the Task Force.
(4) Co-Chairs The Co-Chairs of the Task Force shall be—
(A) the Federal representative described in paragraph (3)(A)(i);
(B) 1 of the Federal representatives described in paragraph (3)(A)(iii); and
(C) 1 State representative appointed under paragraph (3)(A)(iv), to be selected by a majority vote of those State representatives.
(5) Date of initial appointment (A) In general The members of the Task Force shall be appointed not later than 90 days after December 23, 2024. The efforts of the Task Force shall not be contingent on the completion of the study required by subsection (c).
(B) Notification On appointment of the members of the Task Force, the Co-Chairs of the Task Force shall notify the Chairs and Ranking Members of the Committees on Environment and Public Works and Agriculture, Nutrition, and Forestry of the Senate and Natural Resources and Agriculture of the House of Representatives.
(6) Vacancies Any vacancy in the members appointed to the Task Force—
(A) shall not affect the power or duty of the Task Force; and
(B) shall be filled not later than 30 days after the date of the vacancy.
(7) Meetings The Task Force shall convene—
(A) not less frequently than twice each year; and
(B) at such time and place, and by such means, as the Co-Chairs of the Task Force determine to be appropriate, which may include the use of remote conference technology.
(8) Interstate action plan (A) In general Not later than 1 year after the date on which the members of the Task Force are appointed, the Task Force shall submit to the Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representative on the Task Force, the interstate action plan developed by the Task Force under paragraph (2)(C).
(B) Cooperative agreements (i) In general To the maximum extent practicable, the Secretaries, any other applicable Federal agency, and each applicable State may enter into a cooperative agreement to fund necessary actions under the interstate action plan submitted under subparagraph (A).
(ii) Target date The Secretaries shall make the best effort of the Secretaries to enter into any cooperative agreement under clause (i) not later than 180 days after the date of submission of the interstate action plan under subparagraph (A).
(C) Matching funds (i) In general Subject to clause (ii), for each fiscal year, the Secretaries may provide funds to carry out an interstate action plan through a cooperative agreement under subparagraph (B) in the amount of funds provided by the applicable States.
(ii) Limitation The amount provided by the United States Fish and Wildlife Service under clause (i) for a fiscal year shall be not greater than $5,000,000.
(9) Reports Not later than September 30 of the first full fiscal year after the date on which the first members of the Task Force are appointed, and each September 30 thereafter, the Task Force shall submit to the Secretaries, and the heads of the State agencies with jurisdiction over wildlife disease and farmed cervid regulation of each State with a representatives on the Task Force, a report describing—
(A) progress on the implementation of actions identified in the interstate action plan submitted under paragraph (8)(A), including the efficacy of funding under the cooperative agreement entered into under paragraph (8)(B);
(B) updated resource requirements that are needed to reduce and eliminate chronic wasting disease in the United States;
(C) any relevant updates to the recommended best management practices included in the interstate action plan submitted under paragraph (8)(B) to reduce or eliminate chronic wasting disease;
(D) new research findings and emerging research needs relating to chronic wasting disease; and
(E) any other relevant information.
(c) Chronic wasting disease transmission in cervidae resource study (1) Definition of Academy In this subsection, the term “Academy” means the National Academy of Sciences.
(2) Study (A) In general The Secretaries shall enter into an arrangement with the Academy under which the Academy shall conduct, and submit to the Secretaries a report describing the findings of, a special resource study to identify the predominant pathways and mechanisms of the transmission of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States.
(B) Requirements The arrangement under subparagraph (A) shall provide that the actual expenses incurred by the Academy in conducting the study under subparagraph (A) shall be paid by the Secretaries, subject to the availability of appropriations.
(3) Contents of the study The study under paragraph (2) shall—
(A) with respect to wild, captive, and farmed populations of cervids in the United States, identify—
(i) (I) to the extent possible, the pathways and mechanisms for the transmission of chronic wasting disease within live cervid populations and cervid products, which may include pathways and mechanisms for transmission from Canada;
(II) the infection rates for each pathway and mechanism identified under subclause (I); and
(III) the relative frequency of transmission of each pathway and mechanism identified under subclause (I);
(ii) (I) anthropogenic and environmental factors contributing to new chronic wasting disease emergence events;
(II) the development of geographical areas with increased chronic wasting disease prevalence; and
(III) the overall geographical patterns of chronic wasting disease distribution;
(iii) significant gaps in current scientific knowledge regarding the transmission pathways and mechanisms identified under clause (i)(I) and potential prevention, detection, and control methods identified under clause (v);
(iv) for prioritization the scientific research projects that will address the knowledge gaps identified under clause (iii), based on the likelihood that a project will contribute significantly to the prevention or control of chronic wasting disease; and
(v) potential prevention, detection, or control measures, practices, or technologies to be used to mitigate the transmission and spread of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States;
(B) assess the effectiveness of the potential prevention, detection, or control measures, practices, or technologies identified under subparagraph (A)(v); and
(C) review and compare science-based best practices, standards, and guidance regarding the prevention, detection, and management of chronic wasting disease in wild, captive, and farmed populations of cervids in the United States that have been developed by—
(i) the National Chronic Wasting Disease Herd Certification Program of the Animal and Plant Health Inspection Service;
(ii) the National Wildlife Research Center of the Animal and Plant Health Inspection Service;
(iii) the United States Geological Survey;
(iv) State wildlife and agricultural agencies, in the case of practices, standards, and guidance that provide practical, science-based recommendations to State and Federal agencies for minimizing or eliminating the risk of transmission of chronic wasting disease in the United States; and
(v) industry or academia, in the case of any published guidance on practices that provide practical, science-based recommendations to cervid producers for minimizing or eliminating the risk of transmission of chronic wasting disease within or between herds.
(4) Deadline The study under paragraph (2) shall be completed not later than 180 days after the date on which funds are first made available for the study.
(5) Data sharing The Secretaries shall share with the Academy, as necessary to conduct the study under paragraph (2), subject to the avoidance of a violation of a privacy or confidentiality requirement and the protection of confidential or privileged commercial, financial, or proprietary information, data and access to databases and research information on chronic wasting disease under the jurisdiction of—
(A) the Animal and Plant Health Inspection Service; and
(B) the United States Geological Survey.
(6) Report Not later than 60 days after the date of completion of the study, the Secretaries shall submit to the Committee on Agriculture, Nutrition, and Forestry, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate and the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives a report that describes—
(A) the findings of the study; and
(B) any conclusions and recommendations that the Secretaries determine to be appropriate.
(d) Authorization of appropriations There are authorized to be appropriated to carry out this section—
(1) for the period of fiscal years 2021 through 2030, $5,000,000 to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, to carry out administrative activities under subsection (b);
(2) for fiscal year 2021, $1,200,000 to the Secretary of the Interior, acting through the Director of the United States Geological Survey, to carry out activities to fund research under subsection (c); and
(3) for fiscal year 2021, $1,200,000 to the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, to carry out activities to fund research under subsection (c).
(Pub. L. 116188, title I, § 104, Oct. 30, 2020, 134 Stat. 911; Pub. L. 118198, title I, § 103, Dec. 23, 2024, 138 Stat. 2680.)
## Notes
Editorial Notes
Amendments2024—Subsec. (b)(1). Pub. L. 118198, § 103(1)(A), struck out “after the completion of the study required by subsection (c)” before period at end. Subsec. (b)(5)(A). Pub. L. 118198, § 103(1)(B), substituted “90 days after December 23, 2024. The efforts of the Task Force shall not be contingent on the completion of the study required by subsection (c)” for “180 days after the date on which the study is completed under subsection (c)”. Subsec. (d)(1). Pub. L. 118198, § 103(2), substituted “2030” for “2025”.
@@ -0,0 +1,127 @@
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# 16 U.S.C. § 667i - Chronic wasting disease research and management program
## Text
(a) Research program (1) In general Not later than 90 days after the date on which funds are made available to carry out this section, the Secretary of Agriculture shall establish a program under which the Secretary shall offer to enter into cooperative agreements or other legal instruments, as authorized under 11 So in original. Probably should be followed by “section”. 8312 of title 7, with eligible entities to conduct research on the transmission of, resistance to, and diagnosis of chronic wasting disease.
(2) Criteria for selection In entering into cooperative agreements or other legal instruments pursuant to paragraph (1), the Secretary shall give priority to eligible entities that shall conduct research relating to—
(A) (i) methods and products to effectively detect infectious chronic wasting disease prions in live cervids, cervid excreta, the environment, and inorganic surfaces, and to decontaminate such infectious prions; or
(ii) testing methods that significantly improve sensitivity and accelerate timelines for test results on non-live cervids;
(B) the long-term suppression or eradication of chronic wasting disease; or 22 So in original.
(C) determination markers for genetic resistance to chronic wasting disease and strategies for using genetic resistance to combat the spread of the disease;
(D) sustainable cervid harvest management practices to reduce chronic wasting disease occurrence and to prevent or limit spatial spread of chronic wasting disease; or
(E) factors contributing to local emergence of chronic wasting disease, increased prevalence of chronic wasting disease, and distribution of chronic wasting disease, including mechanisms of disease transmission and effective barriers to transmission.
(3) Size of awards To the maximum extent practicable, individual cooperative agreements or other legal instruments entered into under paragraph (1) shall be not less than two percent and not more than 10 percent of the funds appropriated to carry out this section.
(4) Administrative costs by eligible entities Of the amount of a cooperative agreement or other legal instrument entered into with an eligible entity under paragraph (1), the eligible entity may use not more than 10 percent of such amounts for administrative costs incurred by the eligible entity in carrying out the research described in such paragraph.
(b) Support for State efforts to manage and control chronic wasting disease (1) In general Subject to the availability of appropriations, the Secretary shall offer to enter into cooperative agreements or other legal instruments, as authorized under section 8312 of title 7, with State or Tribal wildlife agencies and departments of agriculture to provide direct financial assistance to support the efforts of such State or Tribal wildlife agencies and departments of agriculture to develop and implement management strategies to address chronic wasting disease within their respective jurisdiction.
(2) Application A State or Tribal wildlife agency or department of agriculture seeking direct financial assistance under this subsection shall submit to the Secretary an application at such time and manner, and containing such information as the Secretary may require.
(3) Funding priorities In allocating funds made available to carry out this subsection for a fiscal year among State and Tribal wildlife agencies or departments of agriculture that submit an application for direct financial assistance under this subsection, the Secretary shall give priority to States and Indian tribes that have—
(A) within their respective jurisdictions, the highest incidence of chronic wasting disease;
(B) shown the greatest financial commitment to managing, monitoring, surveying, and researching chronic wasting disease;
(C) comprehensive policies and programs focused on chronic wasting disease management that have integrated the programs and policies of all involved agencies related to chronic wasting disease management;
(D) the greatest risk of an initial occurrence of chronic wasting disease originating from surrounding areas; or
(E) the greatest need for response to new outbreaks of chronic wasting disease occurring in—
(i) areas in which chronic wasting disease is already found; or
(ii) areas with first infections, with the intent of containing chronic wasting disease in any new area of infection.
(4) Rapid response If a State or Indian tribe detects chronic wasting disease in a cervid population within its jurisdiction that was not previously infected, the Secretary may, notwithstanding paragraphs (2) and (3), immediately issue funds made available under subsection (e), in an amount to be determined by the Secretary, to support State and Tribal efforts to immediately control the spread of chronic wasting disease within that population.
(5) Public education on chronic wasting disease The Secretary, in consultation with State and Tribal departments of agriculture and wildlife agencies, organizations representing the farmed cervid industry, and organizations representing deer hunters, shall develop and maintain materials based on the latest scientific knowledge to be used to educate the public on chronic wasting disease and techniques to help prevent the spread of the disease.
(c) Definitions In this section:
(1) Chronic wasting disease The term “chronic wasting disease” means the animal disease afflicting deer, elk, and moose populations that—
(A) is a transmissible disease of the nervous system resulting in distinctive lesions in the brain; and
(B) belongs to the group of diseases known as transmissible spongiform encephalopathies, which includes scrapie, bovine spongiform encephalopathy, and Cruetzfeldt-Jakob disease.
(2) Eligible entity The term “eligible entity” means—
(A) a State or Tribal department of agriculture;
(B) a State or Tribal wildlife agency;
(C) a Tribal research facility;
(D) an institution of higher education (as defined in section 1001 of title 20); and
(E) a research center conducting or qualified to conduct scientific research on chronic wasting disease.
(d) Review of herd certification program standards Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish a notice in the Federal Register soliciting public feedback on potential updates and improvements to the chronic wasting disease herd certification program standards with special consideration given to—
(1) minimizing or eliminating the interaction of captive and wild deer;
(2) reviewing and updating indemnity practices, including the use of live testing, to ensure the timely and targeted removal of chronic wasting disease positive deer from the landscape; and
(3) increasing participation in the herd certification program.
(e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $70,000,000 for each of fiscal years 2022 through fiscal year 2028, to remain available until expended.
(2) Allocation among programs To the extent practicable, the Secretary shall allocate the funds made available under paragraph (1) evenly between the research program under subsection (a) and the management program under subsection (b).
(3) Set-aside for wildlife agencies The Secretary shall ensure that, of the funds made available and allocated to carry out subsection (b), not less than 75 percent of such funds are made available to State or Tribal wildlife agencies.
(f) Administrative costs Of the funds made available under subsection (e) for a fiscal year to carry out this section, the Secretary may use not more than 10 percent of such funds for administrative costs incurred by the Secretary in carrying out this section.
(g) Rule of construction Nothing in this section shall be construed as interfering with, or otherwise affecting, the authority of the Federal Government or States to manage wildlife and livestock on land within their respective jurisdictions, including managing, surveying, and monitoring the incidence of chronic wasting disease.
(Pub. L. 117328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this Act, referred to in subsec. (d), probably means the date of enactment of Pub. L. 117328, which enacted into law H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, and which was approved Dec. 29, 2022.
Codification Section is based on section 3 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by section 603 of Pub. L. 117328.
Statutory Notes and Related Subsidiaries
FindingsSection 2 of H.R. 5608, One Hundred Seventeenth Congress, as engrossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by Pub. L. 117328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996, provided that: “Congress finds the following: “(1) Chronic wasting disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer, elk, and moose populations, and the increased occurrence of chronic wasting disease in regionally diverse locations necessitates an escalation in research, surveillance, monitoring, and management activities focused on containing and managing chronic wasting disease. “(2) A focus on research into the transmission of, resistance to, diagnosis of, and epidemiology of chronic wasting disease is needed to inform future policies to combat the disease and ensure the health of cervid populations. “(3) Because States and Tribes have diverse policies for addressing chronic wasting disease, the Federal Government, in consultation with the Chronic Wasting Disease Task Force established by section 104 of Americas Conservation Enhancement Act (Public Law 116188) [16 U.S.C. 667h], should coordinate financial and technical support to States and Tribes, State and Tribal departments of agriculture, State and Tribal wildlife agencies, institutions of higher education, and research centers conducting scientific research on chronic wasting disease. “(4) Pursuant to State and Federal law, the States retain primacy and policymaking authority with regard to wildlife management. “(5) Under current policies, chronic wasting disease remains a systemic threat to cervids. “(6) Scientific advances that lead to the ability to stop transmission of chronic wasting disease are needed to ensure the long-term viability of cervids.”
@@ -0,0 +1,57 @@
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# 16 U.S.C. § 668 - Bald and golden eagles
## Text
(a) Prohibited acts; criminal penalties Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall knowingly, or with wanton disregard for the consequences of his act take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner any bald eagle commonly known as the American eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, shall be fined not more than $5,000 or imprisoned not more than one year or both: Provided, That in the case of a second or subsequent conviction for a violation of this section committed after October 23, 1972, such person shall be fined not more than $10,000 or imprisoned not more than two years, or both: Provided further, That the commission of each taking or other act prohibited by this section with respect to a bald or golden eagle shall constitute a separate violation of this section: Provided further, That one-half of any such fine, but not to exceed $2,500, shall be paid to the person or persons giving information which leads to conviction: Provided further, That nothing herein shall be construed to prohibit possession or transportation of any bald eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to June 8, 1940, and that nothing herein shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to this subchapter of the provisions relating to preservation of the golden eagle.
(b) Civil penalties Whoever, within the United States or any place subject to the jurisdiction thereof, without being permitted to do so as provided in this subchapter, shall take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or in any manner, any bald eagle, commonly known as the American eagle, or any golden eagle, alive or dead, or any part, nest, or egg thereof of the foregoing eagles, or whoever violates any permit or regulation issued pursuant to this subchapter, may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. Each violation shall be a separate offense. No penalty shall be assessed unless such person is given notice and opportunity for a hearing with respect to such violation. In determining the amount of the penalty, the gravity of the violation, and the demonstrated good faith of the person charged shall be considered by the Secretary. For good cause shown, the Secretary may remit or mitigate any such penalty. Upon any failure to pay the penalty assessed under this section, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which such person is found or resides or transacts business to collect the penalty and such court shall have jurisdiction to hear and decide any such action. In hearing any such action, the court must sustain the Secretarys action if supported by substantial evidence.
(c) Cancellation of grazing agreements The head of any Federal agency who has issued a lease, license, permit, or other agreement authorizing the grazing of domestic livestock on Federal lands to any person who is convicted of a violation of this subchapter or of any permit or regulation issued hereunder may immediately cancel each such lease, license, permit, or other agreement. The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or other agreement pursuant to this section.
(June 8, 1940, ch. 278, § 1, 54 Stat. 250; Pub. L. 8670, § 14, June 25, 1959, 73 Stat. 143; Pub. L. 87884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92535, § 1, Oct. 23, 1972, 86 Stat. 1064.)
## Notes
Editorial Notes
References in TextPrior to the addition to this subchapter of the provisions relating to preservation of the golden eagle, referred to in subsec. (a), means prior to Oct. 24, 1962, the date such provisions were enacted by Pub. L. 87884 as an amendment of this section and section 668a of this title.
Amendments1972—Pub. L. 92535 designated existing provisions as subsec. (a), substituted “shall knowingly, or with wanton disregard for the consequences of his act take” for “shall take”, increased fine and imprisonment terms from $500 or six months to $5,000 or one year, and inserted provisions that a second conviction carry a penalty of $10,000 fine or imprisonment of not more than two years, that each taking constitute a separate offense, and that informers be rewarded one-half of the fine not exceeding $2,500, and added subsecs. (b) and (c). 1962—Pub. L. 87884 extended prohibitions against the enumerated acts to the golden eagle and changed proviso by substituting “bald eagle”, “June 8, 1940” and “and that nothing in said sections shall be construed to prohibit possession or transportation of any golden eagle, alive or dead, or any part, nest, or egg thereof, lawfully taken prior to the addition to said sections of the provisions relating to preservation of the golden eagle” for “such eagle,” “the effective date of said sections” and “but the proof of such taking shall lie upon the accused in any prosecution under said sections”, respectively. 1959—Pub. L. 8670 struck out “except the Territory of Alaska,” after “subject to the jurisdiction thereof,”.
Statutory Notes and Related Subsidiaries
Short TitleAct June 8, 1940, ch. 278, 54 Stat. 250, which is classified to this subchapter, is popularly known as the “Bald and Golden Eagle Protection Act” and also as the “Bald Eagle Protection Act”.
Legislative IntentEnacting clause of act June 8, 1940, provided: “Whereas the Continental Congress in 1782 adopted the bald eagle as the national symbol; and “Whereas the bald eagle thus became the symbolic representation of a new nation under a new government in a new world; and “Whereas by that act of Congress and by tradition and custom during the life of this Nation, the bald eagle is no longer a mere bird of biological interest but a symbol of the American ideals of freedom; and “Whereas the bald eagle is now threatened with extinction: Therefore “Be it enacted * * *” , etc.
Executive Documents
Transfer of Functions Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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# 16 U.S.C. § 668a - Taking and using of the bald and golden eagle for scientific, exhibition, and religious purposes
## Text
Whenever, after investigation, the Secretary of the Interior shall determine that it is compatible with the preservation of the bald eagle or the golden eagle to permit the taking, possession, and transportation of specimens thereof for the scientific or exhibition purposes of public museums, scientific societies, and zoological parks, or for the religious purposes of Indian tribes, or that it is necessary to permit the taking of such eagles for the protection of wildlife or of agricultural or other interests in any particular locality, he may authorize the taking of such eagles pursuant to regulations which he is hereby authorized to prescribe: Provided, That on request of the Governor of any State, the Secretary of the Interior shall authorize the taking of golden eagles for the purpose of seasonally protecting domesticated flocks and herds in such State, in accordance with regulations established under the provisions of this section, in such part or parts of such State and for such periods as the Secretary determines to be necessary to protect such interests: Provided further, That bald eagles may not be taken for any purpose unless, prior to such taking, a permit to do so is procured from the Secretary of the Interior: Provided further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking, possession, and transportation of golden eagles for the purposes of falconry, except that only golden eagles which would be taken because of depredations on livestock or wildlife may be taken for purposes of falconry: Provided further, That the Secretary of the Interior, pursuant to such regulations as he may prescribe, may permit the taking of golden eagle nests which interfere with resource development or recovery operations.
(June 8, 1940, ch. 278, § 2, 54 Stat. 251; Pub. L. 87884, Oct. 24, 1962, 76 Stat. 1246; Pub. L. 92535, § 2, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 95616, § 9, Nov. 8, 1979, 92 Stat. 3114.)
## Notes
Editorial Notes
Amendments1978—Pub. L. 95616 authorized taking of golden eagle nests which interfere with resource development or recovery operations. 1972—Pub. L. 92535 inserted proviso that the Secretary of the Interior may permit the taking, possession, and transportation of golden eagles for the purposes of falconry with exception that only golden eagles that cause depredations on livestock and wildlife may be taken for falconry. 1962—Pub. L. 87884 extended provisions of section to the golden eagle, permitted the taking of specimens for the religious purposes of Indian tribes and authorized the taking of golden eagles for purpose of seasonally protecting domesticated flocks and herds.
Executive Documents
Policy Concerning Distribution of Eagle Feathers for Native American Religious Purposes Memorandum of President of the United States, Apr. 29, 1994, 59 F.R. 22953, provided: Memorandum for the Heads of Executive Departments and Agencies Eagle feathers hold a sacred place in Native American culture and religious practices. Because of the feathers significance to Native American heritage and consistent with due respect for the government-to-government relationship between the Federal and Native American tribal governments, this Administration has undertaken policy and procedural changes to facilitate the collection and distribution of scarce eagle bodies and parts for this purpose. This memorandum affirms and formalizes executive branch policy to ensure that progress begun on this important matter continues across the executive branch. Today, as part of an historic meeting with all federally recognized tribal governments, I am directing executive departments and agencies (hereafter collectively “agency” or “agencies”) to work cooperatively with tribal governments and to reexamine broadly their practices and procedures to seek opportunities to accommodate Native American religious practices to the fullest extent under the law. As part of these efforts, agencies shall take steps to improve their collection and transfer of eagle carcasses and eagle body parts (“eagles”) for Native American religious purposes. The success of this initiative requires the participation, and is therefore the responsibility, of all Federal land managing agencies, not just those within the Department of the Interior. I therefore direct each agency responsible for managing Federal lands to diligently and expeditiously recover salvageable eagles found on lands under their jurisdiction and ensure that the eagles are promptly shipped to the National Eagle Repository (“Repository”). To assist agencies in this expanded effort, the Secretary of the Interior shall issue guidelines to all relevant agencies for the proper shipment of eagles to the Repository. After receiving these guidelines, agencies shall immediately adopt policies, practices, and procedures necessary in accordance with these guidelines to recover and transfer eagles to the Repository promptly. I support and encourage the initial steps taken by the Department of the Interior to improve the distribution of eagles for Native American religious purposes. In particular, the Department of the Interior shall continue to adopt policies and procedures and take those actions necessary to: (a) ensure the priority of distribution of eagles, upon permit application, first for traditional Native American religious purposes, to the extent permitted by law, and then to other uses; (b) simplify the eagle permit application process quickly and to the greatest extent possible to help achieve the objectives of this memorandum; (c) minimize the delay and ensure respect and dignity in the process of distributing eagles for Native American religious purposes to the greatest extent possible; (d) expand efforts to involve Native American tribes, organizations, and individuals in the distribution process, both at the Repository and on tribal lands, consistent with applicable laws; (e) review means to ensure that adequate refrigerated storage space is available to process the eagles; and (f) continue efforts to improve the Repositorys ability to facilitate the objectives of this memorandum. The Department of the Interior shall be responsible for coordinating any interagency efforts to address continuing executive branch actions necessary to achieve the objectives of this memorandum. We must continue to be committed to greater intergovernmental communication and cooperation. In addition to working more closely with tribal governments, we must enlist the assistance of, and cooperate with, State and local governments to achieve the objectives of this memorandum. I therefore request that the Department of the Interior work with State fish and game agencies and other relevant State and local authorities to facilitate the objectives of this memorandum. With commitment and cooperation by all of the agencies in the executive branch and with tribal governments, I am confident that we will be able to accomplish meaningful progress in the distribution of eagles for Native American religious purposes. The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register. William J. Clinton.
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# 16 U.S.C. § 668aa to 668cc6 - Repealed. Pub. L. 93205, § 14, Dec. 28, 1973, 87 Stat. 903
## Notes
The provisions of sections 668aa to 668cc6, which, pursuant to section 12(d) of Pub. L. 91135, Dec. 5, 1969, 83 Stat. 283, were known as the “Endangered Species Conservation Act of 1969”, are covered by section 1531 et seq. of this title.
Section 668aa, Pub. L. 89669, § 1, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91135, § 12(a), (e), Dec. 5, 1969, 83 Stat. 282, 283, set out the Congressional findings, declaration of policy, and statement of purposes in seeking the protection of endangered species of fish and wildlife.
Section 668bb, Pub. L. 89669, § 2, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91135, § 12(b), (c), Dec. 5, 1969, 83 Stat. 282, set out the powers and duties of the Secretary of the Interior in carrying out the mandate of the Endangered Species Conservation Act of 1969.
Section 668cc, Pub. L. 89669, § 3, Oct. 15, 1966, 80 Stat. 927, covered the Secretarys duty to cooperate with the States, area administration, management agreements, and disposition of revenues.
Section 668cc1, Pub. L. 91135, § 1, Dec. 5, 1969, 83 Stat. 275, defined “Secretary”, “fish or wildlife”, “United States”, and “person”.
Section 668cc2, Pub. L. 91135, § 2, Dec. 5, 1969, 83 Stat. 275, covered importation of endangered species and set out civil and criminal penalties by reference to provisions of section 668cc4 of this title.
Section 668cc3, Pub. L. 91135, § 3, Dec. 5, 1969, 83 Stat. 275, provided for determination by the Secretary of the species threatened with extinction, methods to be used and factors determinative of Secretarys determination, and rule making procedures to be used.
Section 668cc4, Pub. L. 91135, § 4, Dec. 5, 1969, 83 Stat. 276, set out penalties for violation of sections 668cc2 and 668cc3 of this title and provisions for their enforcement.
Section 668cc5, Pub. L. 91135, § 5, Dec. 5, 1969, 83 Stat. 278, covered international agreements for fish and wildlife preservation.
Section 668cc6, Pub. L. 91135, § 6, Dec. 5, 1969, 83 Stat. 278, called for coordination of administration of provisions relating to endangered species of fish and wildlife with animal quarantine and tariff laws, and provided for non-impairment of functions of Secretaries of Agriculture and Treasury under agriculture and tariff laws, including imports.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Dec. 28, 1973, see section 16 of Pub. L. 93205, set out as an Effective Date note under section 1531 of this title.
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# 16 U.S.C. § 668b - Enforcement provisions
## Text
(a) Arrest; search; issuance and execution of warrants and process Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this subchapter may, without warrant, arrest any person committing in his presence or view a violation of this subchapter or of any permit or regulations issued hereunder and take such person immediately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement of the provisions of this subchapter; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the Interior is authorized to enter into cooperative agreements with State fish and wildlife agencies or other appropriate State authorities to facilitate enforcement of this subchapter, and by said agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this subchapter. Any judge of any court established under the laws of the United States, and any United States magistrate judge may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such cases.
(b) Forfeiture All bald or golden eagles, or parts, nests, or eggs thereof, taken, possessed, sold, purchased, bartered, offered for sale, purchase, or barter, transported, exported, or imported contrary to the provisions of this subchapter, or of any permit or regulation issued hereunder, and all guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid in the taking, possessing, selling, purchasing, bartering, offering for sale, purchase, or barter, transporting, exporting, or importing of any bird, or part, nest, or egg thereof, in violation of this subchapter or of any permit or regulation issued hereunder shall be subject to forfeiture to the United States.
(c) Customs laws applied All provisions of law relating to the seizure, forfeiture, and condemnation of a vessel for violation of the customs laws, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this subchapter, insofar as such provisions of law are applicable and not inconsistent with the provisions of this subchapter: Provided, That all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Treasury Department shall, for the purposes of this subchapter, be exercised or performed by the Secretary of the Interior or by such persons as he may designate.
(June 8, 1940, ch. 278, § 3, 54 Stat. 251; Pub. L. 90578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 92535, § 3, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
## Notes
Editorial Notes
Amendments1972—Pub. L. 92535 substituted provisions relating to enforcement of this subchapter including arrest, without warrant, issuance and execution of warrants and process, search, forfeiture, and applicability of certain customs laws, for provisions incorporating provisions of section 706 in haec verba.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judge” substituted for “United States magistrate” in subsec. (a) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “United States magistrate” substituted for “United States commissioner” in subsec. (a) pursuant to Pub. L. 90578. See chapter 43 (§ 631 et seq.) of Title 28.
Executive Documents
Transfer of Functions Enforcement functions of Secretary or other official in Department of the Interior related to compliance with this subchapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
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# 16 U.S.C. § 668c - Definitions
## Text
As used in this subchapter “whoever” includes also associations, partnerships, and corporations; “take” includes also pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb; “transport” includes also ship, convey, carry, or transport by any means whatever, and deliver or receive or cause to be delivered or received for such shipment, conveyance, carriage, or transportation.
(June 8, 1940, ch. 278, § 4, 54 Stat. 251; Pub. L. 92535, § 4, Oct. 23, 1972, 86 Stat. 1065.)
## Notes
Editorial Notes
Amendments1972—Pub. L. 92535 substituted “poison, wound, kill, capture, trap, collect, molest” for “wound, kill, capture, trap, collect, or otherwise willfully molest”.
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# 16 U.S.C. § 668d - Availability of appropriations for Migratory Bird Treaty Act
## Text
Moneys now or hereafter available to the Secretary of the Interior for the administration and enforcement of the Migratory Bird Treaty Act of July 3, 1918 [16 U.S.C. 703 et seq.], shall be equally available for the administration and enforcement of this subchapter.
(June 8, 1940, ch. 278, § 5, 54 Stat. 251.)
## Notes
Editorial Notes
References in TextThe Migratory Bird Treaty Act, referred to in text, is act July 3, 1918, ch. 128, 40 Stat. 755, which is classified generally to subchapter II (§ 703 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 710 of this title and Tables.
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# 16 U.S.C. § 668ee - Definitions
## Text
For purposes of this Act:
(1) The term “compatible use” means a wildlife-dependent recreational use or any other use of a refuge that, in the sound professional judgment of the Director, will not materially interfere with or detract from the fulfillment of the mission of the System or the purposes of the refuge.
(2) The terms “wildlife-dependent recreation” and “wildlife-dependent recreational use” mean a use of a refuge involving hunting, fishing, wildlife observation and photography, or environmental education and interpretation.
(3) The term “sound professional judgment” means a finding, determination, or decision that is consistent with principles of sound fish and wildlife management and administration, available science and resources, and adherence to the requirements of this Act and other applicable laws.
(4) The terms “conserving”, “conservation”, “manage”, “managing”, and “management”, mean to sustain and, where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants utilizing, in accordance with applicable Federal and State laws, methods and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.
(5) The term “Coordination Area” means a wildlife management area that is made available to a State—
(A) by cooperative agreement between the United States Fish and Wildlife Service and a State agency having control over wildlife resources pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).
(6) The term “Director” means the Director of the United States Fish and Wildlife Service or a designee of that Director.
(7) The terms “fish”, “wildlife”, and “fish and wildlife” mean any wild member of the animal kingdom whether alive or dead, and regardless of whether the member was bred, hatched, or born in captivity, including a part, product, egg, or offspring of the member.
(8) The term “person” means any individual, partnership, corporation, or association.
(9) The term “plant” means any member of the plant kingdom in a wild, unconfined state, including any plant community, seed, root, or other part of a plant.
(10) The terms “purposes of the refuge” and “purposes of each refuge” mean the purposes specified in or derived from the law, proclamation, executive order, agreement, public land order, donation document, or administrative memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.
(11) The term “refuge” means a designated area of land, water, or an interest in land or water within the System, but does not include Coordination Areas.
(12) The term “Secretary” means the Secretary of the Interior.
(13) The terms “State” and “United States” mean the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.
(14) The term “System” means the National Wildlife Refuge System designated under section 668dd(a)(1) of this title.
(15) The terms “take”, “taking”, and “taken” mean to pursue, hunt, shoot, capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or kill.
(Pub. L. 89669, § 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 10557, § 3(a), Oct. 9, 1997, 111 Stat. 1253.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 89669, Oct. 15, 1966, 80 Stat. 927, which enacted sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed sections 715d1, 715d2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables. The Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522. Title III of the Act is classified generally to subchapter III (§ 1010 et seq.) of chapter 33 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1000 of Title 7 and Tables.
Amendments1997—Pub. L. 10557 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “(a) The term person as used in this Act means any individual, partnership, corporation, or association. “(b) The terms take or taking or taken as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill. “(c) The terms State and the United States as used in this Act mean the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam.”
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# 16 U.S.C. § 668ff to 668jj - Omitted
## Notes
Sections, Pub. L. 92330, June 30, 1972, 86 Stat. 399, which established San Francisco Bay National Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The San Francisco Bay National Wildlife Refuge [now Don Edwards San Francisco Bay National Wildlife Refuge] has been set out in the table of National Wildlife Refuges under section 668dd of this title.
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# 16 U.S.C. § 668kk to 668ss - Omitted
## Notes
Sections, Pub. L. 94466, Oct. 8, 1976, 90 Stat. 1992, which established Minnesota Valley National Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The Minnesota National Wildlife Refuge has been set out in the table of National Wildlife Refuges under section 668dd of this title.