-CITE-
    16 USC CHAPTER 5A - PROTECTION AND CONSERVATION OF
           WILDLIFE                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE

-HEAD-
           CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE       


-MISC1-
            SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH        
    Sec.                                                     
    661.        Declaration of purpose; cooperation of agencies;
                 surveys and investigations; donations.               
    662.        Impounding, diverting, or controlling of waters.      
    663.        Impoundment or diversion of waters.                   
    664.        Administration; rules and regulations; availability of
                 lands to State agencies.                             
    665.        Investigations as to effect of sewage, industrial
                 wastes; reports.                                     
    665a.       Maintenance of adequate water levels in upper
                 Mississippi River.                                   
    666.        Authorization of appropriations.                      
    666a.       Penalties.                                            
    666b.       Definitions.                                          
    666c.       Applicability to Tennessee Valley Authority.          
    666d.       Skagit National Wildlife Refuge; exchange of lands.   
    666e.       Administration of acquired lands.                     
    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.                                         
    666g.       Classification of lands; industrial leases; moneys
                 subject to section 715s of this title;
                 administration; jurisdiction of Federal agencies.    
    667.        Game management supply depots; appropriations.        
    667a.       Omitted.                                              
    667b.       Transfer of certain real property for wildlife
                 conservation purposes; reservation of rights.        
    667c.       Publication of designating order.                     
    667d.       Reports to Congress.                                  
    667e.       Repealed.                                             

           SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES       
    668.        Bald and golden eagles.                               
    668a.       Taking and using of the bald and golden eagle for
                 scientific, exhibition, and religious purposes.      
    668b.       Enforcement provisions.                               
    668c.       Definitions.                                          
    668d.       Availability of appropriations for Migratory Bird
                 Treaty Act.                                          

         SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE     
    668aa to 668cc-6. Repealed.                                       
    668dd.      National Wildlife Refuge System.                      
    668ee.      Definitions.                                          
    668ff to 668ss. Omitted.                                          

-End-


-CITE-
    16 USC SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH    01/03/2007 

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
            SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH        

-End-



-CITE-
    16 USC Sec. 661                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 661. Declaration of purpose; cooperation of agencies; surveys
      and investigations; donations

-STATUTE-
      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
    sections 661 to 666c of this title 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 said sections; (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 said
    sections.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 1, 48 Stat. 401; 1939 Reorg. Plan No.
    II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85-624, Sec. 2, Aug.
    12, 1958, 72 Stat. 563.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-624 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.

                                SHORT TITLE                            
      Section 1 of Pub. L. 85-624 provided: "That the Act of March 10,
    1934, as amended, and as further amended by this Act [sections 661
    to 666c of this title] may be cited as the 'Fish and Wildlife
    Coordination Act'."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with wildlife
    consultation in sections 661 to 666c of this title 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
    sections 661 to 666c of this title 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, Secs. 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. 102-486, 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, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
    Stat. 1262, set out in the Appendix to Title 5.
      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 434 of Title 7,
    Agriculture.
      Reorg. Plan No. III of 1940, Sec. 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.


-MISC2-
                              APPROPRIATIONS                          
      Section 4 of Pub. L. 85-624 provided that: "There is hereby
    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 CLAMS                
      Act 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.

-End-



-CITE-
    16 USC Sec. 662                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 662. Impounding, diverting, or controlling of waters

-STATUTE-
    (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 sections 661 to 666c
    of this title apply. 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 section 661 to 666c of this title 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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 2, 48 Stat. 401; 1939 Reorg. Plan No.
    II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85-624, Sec. 2, Aug.
    12, 1958, 72 Stat. 564; Pub. L. 89-72, Sec. 6(b), July 9, 1965, 79
    Stat. 216.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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. 85-624, Aug. 12, 1958. See, also, Short Title
    note set out under section 661 of this title.


-MISC1-
                                AMENDMENTS                            
      1965 - Subsec. (d). Pub. L. 89-72 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 460l-12 to 460l-21 of this title.
      1958 - Pub. L. 85-624 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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See Transfer of Functions note set out under section 661 of this
    title.

-End-



-CITE-
    16 USC Sec. 663                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 663. Impoundment or diversion of waters

-STATUTE-
    (a) Conservation, maintenance, and management of wildlife
      resources; development and improvement
      Subject to the exceptions prescribed in section 662(h) of this
    title, whenever the waters of any stream or other body of water are
    impounded, diverted, the channel deepened, or the stream or other
    body of water otherwise controlled or modified for any purpose
    whatever, including navigation and drainage, by any department or
    agency of the United States, adequate provision, consistent with
    the primary purposes of such impoundment, diversion, or other
    control, shall be made for the use thereof, together with any areas
    of land, water, or interests therein, acquired or administered by a
    Federal agency in connection therewith, for the conservation,
    maintenance, and management of wildlife resources thereof, and its
    habitat thereon, including the development and improvement of such
    wildlife resources pursuant to the provisions of section 662 of
    this title.
    (b) Use and availability of waters, land, or interests therein
      The use of such waters, land, or interests therein for wildlife
    conservation purposes shall be in accordance with general plans
    approved jointly (1) by the head of the particular department or
    agency exercising primary administration in each instance, (2) by
    the Secretary of the Interior, and (3) by the head of the agency
    exercising the administration of the wildlife resources of the
    particular State wherein the waters and areas lie. Such waters and
    other interests shall be made available, without cost for
    administration, by such State agency, if the management of the
    properties relate to the conservation of wildlife other than
    migratory birds, or by the Secretary of the Interior, for
    administration in such manner as he may deem advisable, where the
    particular properties have value in carrying out the national
    migratory bird management program: Provided, That nothing in this
    section shall be construed as affecting the authority of the
    Secretary of Agriculture to cooperate with the States or in making
    lands available to the States with respect to the management of
    wildlife and wildlife habitat on lands administered by him.
    (c) Acquisition of land, waters, and interests therein; report to
      Congress
      When consistent with the purposes of sections 661 to 666c of this
    title and the reports and findings of the Secretary of the Interior
    prepared in accordance with section 662 of this title, land,
    waters, and interests therein may be acquired by Federal
    construction agencies for the wildlife conservation and development
    purposes of sections 661 to 666c of this title in connection with a
    project as reasonably needed to preserve and assure for the public
    benefit the wildlife potentials of the particular project area:
    Provided, That before properties are acquired for this purpose, the
    probable extent of such acquisition shall be set forth, along with
    other data necessary for project authorization, in a report
    submitted to the Congress, or in the case of a project previously
    authorized, no such properties shall be acquired unless
    specifically authorized by Congress, if specific authority for such
    acquisition is recommended by the construction agency.
    (d) Use of acquired properties
      Properties acquired for the purposes of this section shall
    continue to be used for such purposes, and shall not become the
    subject of exchange or other transactions if such exchange or other
    transaction would defeat the initial purpose of their acquisition.
    (e) Availability of Federal lands acquired or withdrawn for Federal
      water-resource purposes
      Federal lands acquired or withdrawn for Federal water-resource
    purposes and made available to the States or to the Secretary of
    the Interior for wildlife management purposes, shall be made
    available for such purposes in accordance with sections 661 to 666c
    of this title, notwithstanding other provisions of law.
    (f) National forest lands
      Any lands acquired pursuant to this section by any Federal agency
    within the exterior boundaries of a national forest shall, upon
    acquisition, be added to and become national forest lands, and
    shall be administered as a part of the forest within which they are
    situated, subject to all laws applicable to lands acquired under
    the provisions of the Act of March 1, 1911 (36 Stat. 961), unless
    such lands are acquired to carry out the National Migratory Bird
    Management Program.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      Act of March 1, 1911, referred to in text, is act Mar. 1, 1911,
    ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which is
    classified to sections 480, 500, 513 to 519, 521, 552, and 563 of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 552 of this title and
    Tables.


-MISC1-
                                AMENDMENTS                            
      1958 - Subsec. (a). Pub. L. 85-624 designated first sentence of
    existing provisions as subsec. (a), and, among other changes,
    inserted "Subject to the exceptions prescribed in section 662(h) of
    this title" before "whenever the waters", substituted "diverted,
    the channel deepened, or the stream or other body of water
    otherwise controlled or modified for any purpose whatever,
    including navigation and drainage" for "diverted, or otherwise
    controlled for any purpose whatever", and inserted provisions
    requiring adequate provision to be made for the development and
    improvement of wildlife resources pursuant to the provisions of
    section 662 of this title.
      Subsec. (b). Pub. L. 85-624 designated second sentence of
    existing provisions as subsec. (b), included the use of land for
    wildlife conservation purpose, and provided that nothing in this
    section shall be construed as effecting the authority of the
    Secretary of Agriculture to cooperate with the States or in making
    lands available to the States with respect to the management of
    wildlife and wildlife habitat on lands administered by him.
      Subsecs. (c) to (f). Pub. L. 85-624 added subsecs. (c) to (f).
      1946 - Act Aug. 14, 1946, amended section generally to provide
    for conservation and maintenance of wildlife resources upon
    impounding of waters, and to provide for free use of waters under
    certain conditions.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See Transfer of Functions note set out under section 661 of this
    title.

-End-



-CITE-
    16 USC Sec. 664                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 664. Administration; rules and regulations; availability of
      lands to State agencies

-STATUTE-
      Such areas as are made available to the Secretary of the Interior
    for the purposes of sections 661 to 666c of this title, 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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 4, 48 Stat. 402; 1939 Reorg. Plan No.
    II, Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433;
    1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108,
    54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 85-
    624, Sec. 2, Aug. 12, 1958, 72 Stat. 567.)


-MISC1-
                                AMENDMENTS                            
      1958 - Pub. L. 85-624 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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See Transfer of Functions note set out under section 661 of this
    title.

-End-



-CITE-
    16 USC Sec. 665                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 665. Investigations as to effect of sewage, industrial wastes;
      reports

-STATUTE-
      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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 5, 48 Stat. 402; 1940 Reorg. Plan No.
    III, Sec. 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug.
    14, 1946, ch. 965, 60 Stat. 1080; Pub. L. 102-285, Sec. 10(b), May
    18, 1992, 106 Stat. 172.)


-MISC1-
                                AMENDMENTS                            
      1946 - Act Aug. 14, 1946, amended section generally to provide
    for investigations as to the effect of sewage and industrial waste
    on wildlife.

-CHANGE-
                              CHANGE OF NAME                          
      "United States Bureau of Mines" substituted in text for "Bureau
    of Mines" pursuant to section 10(b) of Pub. L. 102-285, 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.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See Transfer of Functions note set out under section 661 of this
    title.

-End-



-CITE-
    16 USC Sec. 665a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 665a. Maintenance of adequate water levels in upper
      Mississippi River

-STATUTE-
      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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 5A, as added June 19, 1948, ch. 528,
    62 Stat. 497.)

-End-



-CITE-
    16 USC Sec. 666                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666. Authorization of appropriations

-STATUTE-
      There is hereby 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 sections
    661 to 666c of this title 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 said sections, 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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 6, 48 Stat. 402; Aug. 14, 1946, ch.
    965, 60 Stat. 1080.)


-MISC1-
                                AMENDMENTS                            
      1946 - 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.

-End-



-CITE-
    16 USC Sec. 666a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666a. Penalties

-STATUTE-
      Any person who shall violate any rule or regulation promulgated
    in accordance with sections 661 to 666c of this title 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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 7, as added Aug. 14, 1946, ch. 965, 60
    Stat. 1080.)

-End-



-CITE-
    16 USC Sec. 666b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666b. Definitions

-STATUTE-
      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.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 8, as added Aug. 14, 1946, ch. 965, 60
    Stat. 1080.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Herein, referred to in text, means act Mar. 10, 1934, ch. 55, 48
    Stat. 401, which is classified generally to sections 661 to 666c of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of this title and
    Tables.

-End-



-CITE-
    16 USC Sec. 666c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666c. Applicability to Tennessee Valley Authority

-STATUTE-
      The provisions of sections 661 to 666c of this title shall not
    apply to the Tennessee Valley Authority.

-SOURCE-
    (Mar. 10, 1934, ch. 55, Sec. 9, as added Aug. 14, 1946, ch. 965, 60
    Stat. 1080.)

-End-



-CITE-
    16 USC Sec. 666d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666d. Skagit National Wildlife Refuge; exchange of lands

-STATUTE-
      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.

-SOURCE-
    (Oct. 6, 1949, ch. 619, Sec. 1, 63 Stat. 708.)

-End-



-CITE-
    16 USC Sec. 666e                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666e. Administration of acquired lands

-STATUTE-
      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 sections 661 to 666c of this
    title, and Acts supplementary thereto.

-SOURCE-
    (Oct. 6, 1949, ch. 619, Sec. 2, 63 Stat. 708.)

-End-



-CITE-
    16 USC Sec. 666f                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 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

-STATUTE-
      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.

-SOURCE-
    (Aug. 5, 1947, ch. 489, Sec. 1, 61 Stat. 770.)

-End-



-CITE-
    16 USC Sec. 666g                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 666g. Classification of lands; industrial leases; moneys
      subject to section 715s of this title; administration;
      jurisdiction of Federal agencies

-STATUTE-
      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 sections 661 to 666c of this title, 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.

-SOURCE-
    (Aug. 5, 1947, ch. 489, Sec. 2, 61 Stat. 770; July 26, 1947, ch.
    343, title II, Sec. 205(a), 61 Stat. 501; Pub. L. 95-616, Sec. 8,
    Nov. 8, 1978, 92 Stat. 3114.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 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)".


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-616 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.

-CHANGE-
                              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.

-End-



-CITE-
    16 USC Sec. 667                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667. Game management supply depots; appropriations

-STATUTE-
      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.

-SOURCE-
    (June 24, 1936, ch. 764, 49 Stat. 1913; 1939 Reorg. Plan No. II,
    Sec. 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433.)

-COD-
                               CODIFICATION                           
      Former first sentence provided for establishment of a game
    management supply depot and laboratory at Pocatello, Idaho.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      See Transfer of Functions note set out under section 661 of this
    title.

-End-



-CITE-
    16 USC Sec. 667a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667a. Omitted

-COD-
                               CODIFICATION                           
      Section, act June 8, 1940, ch. 295, Secs. 1-4, 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, Secs. 1-4, 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, Secs. 1-4, 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.

-End-



-CITE-
    16 USC Sec. 667b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667b. Transfer of certain real property for wildlife
      conservation purposes; reservation of rights

-STATUTE-
      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.

-SOURCE-
    (May 19, 1948, ch. 310, Sec. 1, 62 Stat. 240; June 30, 1949, ch.
    288, title I, Sec. 105, 63 Stat. 381; Pub. L. 92-432, Sept. 26,
    1972, 86 Stat. 723.)


-MISC1-
                                AMENDMENTS                            
      1972 - Cl. (2). Pub. L. 92-432 struck out "chiefly" before
    "valuable for use".


-TRANS-
                           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 Sec. 505, of act June 30, 1949, ch. 288, 63 Stat. 403;
    renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
    583.

-End-



-CITE-
    16 USC Sec. 667c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667c. Publication of designating order

-STATUTE-
      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.

-SOURCE-
    (May 19, 1948, ch. 310, Sec. 2, 62 Stat. 241; June 30, 1949, ch.
    288, title I, Sec. 105, 63 Stat. 381.)


-TRANS-
                           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 Sec. 505, of act June 30, 1949, ch. 288, 63 Stat. 403;
    renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
    583.

-End-



-CITE-
    16 USC Sec. 667d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667d. Reports to Congress

-STATUTE-
      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.

-SOURCE-
    (May 19, 1948, ch. 310, Sec. 3, 62 Stat. 241; June 30, 1949, ch.
    288, title I, Sec. 105, 63 Stat. 381; Pub. L. 104-66, title II,
    Sec. 2091(b), Dec. 21, 1995, 109 Stat. 730.)


-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-66 struck out before period at end "and shall
    be included in the annual budget transmitted to the Congress".


-TRANS-
                           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 Sec. 505, of act June 30, 1949, ch. 288, 63 Stat. 403;
    renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.
    583.

-End-



-CITE-
    16 USC Sec. 667e                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER I - GAME, FUR-BEARING ANIMALS, AND FISH

-HEAD-
    Sec. 667e. Repealed.

-MISC1-
    Sec. 667e. Repealed. Pub. L. 97-79, Sec. 9(b)(2), Nov. 16, 1981, 95
      Stat. 1079.
      Section, act May 25, 1900, ch. 553, Sec. 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.

-End-


-CITE-
    16 USC SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN
           EAGLES                                          01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
           SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES       

-End-



-CITE-
    16 USC Sec. 668                                             01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
    Sec. 668. Bald and golden eagles

-STATUTE-
    (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 Secretary's 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.

-SOURCE-
    (June 8, 1940, ch. 278, Sec. 1, 54 Stat. 250; Pub. L. 86-70, Sec.
    14, June 25, 1959, 73 Stat. 143; Pub. L. 87-884, Oct. 24, 1962, 76
    Stat. 1246; Pub. L. 92-535, Sec. 1, Oct. 23, 1972, 86 Stat. 1064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Prior 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. 87-884 as an amendment of this section and
    section 668a of this title.


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-535 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. 87-884 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. 86-70 struck out "except the Territory of Alaska,"
    after "subject to the jurisdiction thereof,".


-TRANS-
                           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, Secs. 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. 102-486, 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.


-MISC2-
                            LEGISLATIVE INTENT                        
      Enacting 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.

-End-



-CITE-
    16 USC Sec. 668a                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
    Sec. 668a. Taking and using of the bald and golden eagle for
      scientific, exhibition, and religious purposes

-STATUTE-
      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.

-SOURCE-
    (June 8, 1940, ch. 278, Sec. 2, 54 Stat. 251; Pub. L. 87-884, Oct.
    24, 1962, 76 Stat. 1246; Pub. L. 92-535, Sec. 2, Oct. 23, 1972, 86
    Stat. 1065; Pub. L. 95-616, Sec. 9, Nov. 8, 1979, 92 Stat. 3114.)


-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-616 authorized taking of golden eagle nests
    which interfere with resource development or recovery operations.
      1972 - Pub. L. 92-535 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. 87-884 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.


-EXEC-
        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 Repository's 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.

-End-



-CITE-
    16 USC Sec. 668b                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
    Sec. 668b. Enforcement provisions

-STATUTE-
    (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.

-SOURCE-
    (June 8, 1940, ch. 278, Sec. 3, 54 Stat. 251; Pub. L. 90-578, title
    IV, Sec. 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 92-535,
    Sec. 3, Oct. 23, 1972, 86 Stat. 1065; Pub. L. 101-650, title III,
    Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-535 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.

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judge" substituted for "United States
    magistrate" in subsec. (a) pursuant to section 321 of Pub. L. 101-
    650, 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. 90-578. See chapter 43 (Sec. 631 et seq.) of
    Title 28.


-TRANS-
                           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, Secs. 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. 102-486, 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.

-End-



-CITE-
    16 USC Sec. 668c                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
    Sec. 668c. Definitions

-STATUTE-
      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.

-SOURCE-
    (June 8, 1940, ch. 278, Sec. 4, 54 Stat. 251; Pub. L. 92-535, Sec.
    4, Oct. 23, 1972, 86 Stat. 1065.)


-MISC1-
                                AMENDMENTS                            
      1972 - Pub. L. 92-535 substituted "poison, wound, kill, capture,
    trap, collect, molest" for "wound, kill, capture, trap, collect, or
    otherwise willfully molest".

-End-



-CITE-
    16 USC Sec. 668d                                            01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER II - PROTECTION OF BALD AND GOLDEN EAGLES

-HEAD-
    Sec. 668d. Availability of appropriations for Migratory Bird Treaty
      Act

-STATUTE-
      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.

-SOURCE-
    (June 8, 1940, ch. 278, Sec. 5, 54 Stat. 251.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Migratory Bird Treaty Act, referred to in text, is act July
    3, 1918, ch. 128, 40 Stat. 755, as amended, which is classified
    generally to subchapter II (Sec. 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.

-End-


-CITE-
    16 USC SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND
           WILDLIFE                                        01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
         SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE     

-End-



-CITE-
    16 USC Secs. 668aa to 668cc-6                               01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
    Secs. 668aa to 668cc-6. Repealed.

-MISC1-
    Secs. 668aa to 668cc-6. Repealed. Pub. L. 93-205, Sec. 14, Dec. 28,
      1973, 87 Stat. 903.
      The provisions of sections 668aa to 668cc-6, which, pursuant to
    section 12(d) of Pub. L. 91-135, 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. 89-669, Sec. 1, Oct. 15, 1966, 80 Stat.
    926; Pub. L. 91-135, Sec. 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. 89-669, Sec. 2, Oct. 15, 1966, 80 Stat.
    926; Pub. L. 91-135, Sec. 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. 89-669, Sec. 3, Oct. 15, 1966, 80 Stat.
    927, covered the Secretary's duty to cooperate with the States,
    area administration, management agreements, and disposition of
    revenues.
      Section 668cc-1, Pub. L. 91-135, Sec. 1, Dec. 5, 1969, 83 Stat.
    275, defined "Secretary", "fish or wildlife", "United States", and
    "person".
      Section 668cc-2, Pub. L. 91-135, Sec. 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 668cc-
    4 of this title.
      Section 668cc-3, Pub. L. 91-135, Sec. 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 Secretary's determination, and rule making
    procedures to be used.
      Section 668cc-4, Pub. L. 91-135, Sec. 4, Dec. 5, 1969, 83 Stat.
    276, set out penalties for violation of sections 668cc-2 and 668cc-
    3 of this title and provisions for their enforcement.
      Section 668cc-5, Pub. L. 91-135, Sec. 5, Dec. 5, 1969, 83 Stat.
    278, covered international agreements for fish and wildlife
    preservation.
      Section 668cc-6, Pub. L. 91-135, Sec. 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.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Dec. 28, 1973, see section 16 of Pub. L. 93-205,
    set out as an Effective Date note under section 1531 of this title.

-End-



-CITE-
    16 USC Sec. 668dd                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
    Sec. 668dd. National Wildlife Refuge System

-STATUTE-
    (a) Designation; administration; continuance of resources-
      management-programs for refuge lands in Alaska; disposal of
      acquired lands; proceeds
      (1) For the purpose of consolidating the authorities relating to
    the various categories of areas that are administered by the
    Secretary for the conservation of fish and wildlife, including
    species that are threatened with extinction, all lands, waters, and
    interests therein administered by the Secretary as wildlife
    refuges, areas for the protection and conservation of fish and
    wildlife that are threatened with extinction, wildlife ranges, game
    ranges, wildlife management areas, or waterfowl production areas
    are hereby designated as the "National Wildlife Refuge System"
    (referred to herein as the "System"), which shall be subject to the
    provisions of this section, and shall be administered by the
    Secretary through the United States Fish and Wildlife Service. With
    respect to refuge lands in the State of Alaska, those programs
    relating to the management of resources for which any other agency
    of the Federal Government exercises administrative responsibility
    through cooperative agreement shall remain in effect, subject to
    the direct supervision of the United States Fish and Wildlife
    Service, as long as such agency agrees to exercise such
    responsibility.
      (2) The mission of the System is to administer a national network
    of lands and waters for the conservation, management, and where
    appropriate, restoration of the fish, wildlife, and plant resources
    and their habitats within the United States for the benefit of
    present and future generations of Americans.
      (3) With respect to the System, it is the policy of the United
    States that - 
        (A) each refuge shall be managed to fulfill the mission of the
      System, as well as the specific purposes for which that refuge
      was established;
        (B) compatible wildlife-dependent recreation is a legitimate
      and appropriate general public use of the System, directly
      related to the mission of the System and the purposes of many
      refuges, and which generally fosters refuge management and
      through which the American public can develop an appreciation for
      fish and wildlife;
        (C) compatible wildlife-dependent recreational uses are the
      priority general public uses of the System and shall receive
      priority consideration in refuge planning and management; and
        (D) when the Secretary determines that a proposed wildlife-
      dependent recreational use is a compatible use within a refuge,
      that activity should be facilitated, subject to such restrictions
      or regulations as may be necessary, reasonable, and appropriate.

      (4) In administering the System, the Secretary shall - 
        (A) provide for the conservation of fish, wildlife, and plants,
      and their habitats within the System;
        (B) ensure that the biological integrity, diversity, and
      environmental health of the System are maintained for the benefit
      of present and future generations of Americans;
        (C) plan and direct the continued growth of the System in a
      manner that is best designed to accomplish the mission of the
      System, to contribute to the conservation of the ecosystems of
      the United States, to complement efforts of States and other
      Federal agencies to conserve fish and wildlife and their
      habitats, and to increase support for the System and
      participation from conservation partners and the public;
        (D) ensure that the mission of the System described in
      paragraph (2) and the purposes of each refuge are carried out,
      except that if a conflict exists between the purposes of a refuge
      and the mission of the System, the conflict shall be resolved in
      a manner that first protects the purposes of the refuge, and, to
      the extent practicable, that also achieves the mission of the
      System;
        (E) ensure effective coordination, interaction, and cooperation
      with owners of land adjoining refuges and the fish and wildlife
      agency of the States in which the units of the System are
      located;
        (F) assist in the maintenance of adequate water quantity and
      water quality to fulfill the mission of the System and the
      purposes of each refuge;
        (G) acquire, under State law, water rights that are needed for
      refuge purposes;
        (H) recognize compatible wildlife-dependent recreational uses
      as the priority general public uses of the System through which
      the American public can develop an appreciation for fish and
      wildlife;
        (I) ensure that opportunities are provided within the System
      for compatible wildlife-dependent recreational uses;
        (J) ensure that priority general public uses of the System
      receive enhanced consideration over other general public uses in
      planning and management within the System;
        (K) provide increased opportunities for families to experience
      compatible wildlife-dependent recreation, particularly
      opportunities for parents and their children to safely engage in
      traditional outdoor activities, such as fishing and hunting;
        (L) continue, consistent with existing laws and interagency
      agreements, authorized or permitted uses of units of the System
      by other Federal agencies, including those necessary to
      facilitate military preparedness;
        (M) ensure timely and effective cooperation and collaboration
      with Federal agencies and State fish and wildlife agencies during
      the course of acquiring and managing refuges; and
        (N) monitor the status and trends of fish, wildlife, and plants
      in each refuge.

      (5) No acquired lands which are or become a part of the System
    may be transferred or otherwise disposed of under any provision of
    law (except by exchange pursuant to subsection (b)(3) of this
    section) unless - 
        (A) the Secretary determines with the approval of the Migratory
      Bird Conservation Commission that such lands are no longer needed
      for the purposes for which the System was established; and
        (B) such lands are transferred or otherwise disposed of for an
      amount not less than - 
          (i) the acquisition costs of such lands, in the case of lands
        of the System which were purchased by the United States with
        funds from the migratory bird conservation fund, or fair market
        value, whichever is greater; or
          (ii) the fair market value of such lands (as determined by
        the Secretary as of the date of the transfer or disposal), in
        the case of lands of the System which were donated to the
        System.

    The Secretary shall pay into the migratory bird conservation fund
    the aggregate amount of the proceeds of any transfer or disposal
    referred to in the preceding sentence.
      (6) Each area which is included within the System on January 1,
    1975, or thereafter, and which was or is - 
        (A) designated as an area within such System by law, Executive
      order, or secretarial order; or
        (B) so included by public land withdrawal, donation, purchase,
      exchange, or pursuant to a cooperative agreement with any State
      or local government, any Federal department or agency, or any
      other governmental entity,

    shall continue to be a part of the System until otherwise specified
    by Act of Congress, except that nothing in this paragraph shall be
    construed as precluding - 
        (i) the transfer or disposal of acquired lands within any such
      area pursuant to paragraph (5) of this subsection;
        (ii) the exchange of lands within any such area pursuant to
      subsection (b)(3) of this section; or
        (iii) the disposal of any lands within any such area pursuant
      to the terms of any cooperative agreement referred to in
      subparagraph (B) of this paragraph.
    (b) Administration; public accommodations contracts; acceptance and
      use of funds; exchange of properties; cash equalization payments
      In administering the System, the Secretary is authorized to take
    the following actions:
        (1) Enter into contracts with any person or public or private
      agency through negotiation for the provision of public
      accommodations when, and in such locations, and to the extent
      that the Secretary determines will not be inconsistent with the
      primary purpose for which the affected area was established.
        (2) Accept donations of funds and to use such funds to acquire
      or manage lands or interests therein.
        (3) Acquire lands or interests therein by exchange (A) for
      acquired lands or public lands, or for interests in acquired or
      public lands, under his jurisdiction which he finds to be
      suitable for disposition, or (B) for the right to remove, in
      accordance with such terms and conditions as he may prescribe,
      products from the acquired or public lands within the System. The
      values of the properties so exchanged either shall be
      approximately equal, or if they are not approximately equal the
      values shall be equalized by the payment of cash to the grantor
      or to the Secretary as the circumstances require.
        (4) Subject to standards established by and the overall
      management oversight of the Director, and consistent with
      standards established by this Act, to enter into cooperative
      agreements with State fish and wildlife agencies for the
      management of programs on a refuge.
        (5) Issue regulations to carry out this Act.
    (c) Prohibited and permitted activities; application of mining and
      mineral leasing laws, hunting or fishing regulations, and State
      laws or regulations
      No person shall disturb, injure, cut, burn, remove, destroy, or
    possess any real or personal property of the United States,
    including natural growth, in any area of the System; or take or
    possess any fish, bird, mammal, or other wild vertebrate or
    invertebrate animals or part or nest or egg thereof within any such
    area; or enter, use, or otherwise occupy any such area for any
    purpose; unless such activities are performed by persons authorized
    to manage such area, or unless such activities are permitted either
    under subsection (d) of this section or by express provision of the
    law, proclamation, Executive order, or public land order
    establishing the area, or amendment thereof: Provided, That the
    United States mining and mineral leasing laws shall continue to
    apply to any lands within the System to the same extent they apply
    prior to October 15, 1966, unless subsequently withdrawn under
    other authority of law. With the exception of endangered species
    and threatened species listed by the Secretary pursuant to section
    1533 of this title in States wherein a cooperative agreement does
    not exist pursuant to section 1535(c) of this title, nothing in
    this Act shall be construed to authorize the Secretary to control
    or regulate hunting or fishing of resident fish and wildlife on
    lands not within the system. The regulations permitting hunting and
    fishing of resident fish and wildlife within the System shall be,
    to the extent practicable, consistent with State fish and wildlife
    laws and regulations.
    (d) Use of areas; administration of migratory bird sanctuaries as
      game taking areas; rights of way, easements, and reservations;
      payment of fair market value
      (1) The Secretary is authorized, under such regulations as he may
    prescribe, to - 
        (A) permit the use of any area within the System for any
      purpose, including but not limited to hunting, fishing, public
      recreation and accommodations, and access whenever he determines
      that such uses are compatible with the major purposes for which
      such areas were established: Provided, That not to exceed 40 per
      centum at any one time of any area that has been, or hereafter
      may be acquired, reserved, or set apart as an inviolate sanctuary
      for migratory birds, under any law, proclamation, Executive
      order, or public land order may be administered by the Secretary
      as an area within which the taking of migratory game birds may be
      permitted under such regulations as he may prescribe unless the
      Secretary finds that the taking of any species of migratory game
      birds in more than 40 percent of such area would be beneficial to
      the species; and
        (B) permit the use of, or grant easements in, over, across,
      upon, through, or under any areas within the System for purposes
      such as but not necessarily limited to, powerlines, telephone
      lines, canals, ditches, pipelines, and roads, including the
      construction, operation, and maintenance thereof, whenever he
      determines that such uses are compatible with the purposes for
      which these areas are established.

      (2) Notwithstanding any other provision of law, the Secretary may
    not grant to any Federal, State, or local agency or to any private
    individual or organization any right-of-way, easement, or
    reservation in, over, across, through, or under any area within the
    system in connection with any use permitted by him under paragraph
    (1)(B) of this subsection unless the grantee pays to the Secretary,
    at the option of the Secretary, either (A) in lump sum the fair
    market value (determined by the Secretary as of the date of
    conveyance to the grantee) of the right-of-way, easement, or
    reservation; or (B) annually in advance the fair market rental
    value (determined by the Secretary) of the right-of-way, easement,
    or reservation. If any Federal, State, or local agency is exempted
    from such payment by any other provision of Federal law, such
    agency shall otherwise compensate the Secretary by any other means
    agreeable to the Secretary, including, but not limited to, making
    other land available or the loan of equipment or personnel; except
    that (A) any such compensation shall relate to, and be consistent
    with, the objectives of the National Wildlife Refuge System, and
    (B) the Secretary may waive such requirement for compensation if he
    finds such requirement impracticable or unnecessary. All sums
    received by the Secretary pursuant to this paragraph shall, after
    payment of any necessary expenses incurred by him in administering
    this paragraph, be deposited into the Migratory Bird Conservation
    Fund and shall be available to carry out the provisions for land
    acquisition of the Migratory Bird Conservation Act (16 U.S.C. 715
    et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et
    seq.).
      (3)(A)(i) Except as provided in clause (iv), the Secretary shall
    not initiate or permit a new use of a refuge or expand, renew, or
    extend an existing use of a refuge, unless the Secretary has
    determined that the use is a compatible use and that the use is not
    inconsistent with public safety. The Secretary may make the
    determinations referred to in this paragraph for a refuge
    concurrently with development of a conservation plan under
    subsection (e) of this section.
      (ii) On lands added to the System after March 25, 1996, the
    Secretary shall identify, prior to acquisition, withdrawal,
    transfer, reclassification, or donation of any such lands, existing
    compatible wildlife-dependent recreational uses that the Secretary
    determines shall be permitted to continue on an interim basis
    pending completion of the comprehensive conservation plan for the
    refuge.
      (iii) Wildlife-dependent recreational uses may be authorized on a
    refuge when they are compatible and not inconsistent with public
    safety. Except for consideration of consistency with State laws and
    regulations as provided for in subsection (m) of this section, no
    other determinations or findings are required to be made by the
    refuge official under this Act or the Refuge Recreation Act for
    wildlife-dependent recreation to occur.
      (iv) Compatibility determinations in existence on October 9,
    1997, shall remain in effect until and unless modified.
      (B) Not later than 24 months after October 9, 1997, the Secretary
    shall issue final regulations establishing the process for
    determining under subparagraph (A) whether a use of a refuge is a
    compatible use. These regulations shall - 
        (i) designate the refuge official responsible for making
      initial compatibility determinations;
        (ii) require an estimate of the timeframe, location, manner,
      and purpose of each use;
        (iii) identify the effects of each use on refuge resources and
      purposes of each refuge;
        (iv) require that compatibility determinations be made in
      writing;
        (v) provide for the expedited consideration of uses that will
      likely have no detrimental effect on the fulfillment of the
      purposes of a refuge or the mission of the System;
        (vi) provide for the elimination or modification of any use as
      expeditiously as practicable after a determination is made that
      the use is not a compatible use;
        (vii) require, after an opportunity for public comment,
      reevaluation of each existing use, other than those uses
      specified in clause (viii), if conditions under which the use is
      permitted change significantly or if there is significant new
      information regarding the effects of the use, but not less
      frequently than once every 10 years, to ensure that the use
      remains a compatible use, except that, in the case of any use
      authorized for a period longer than 10 years (such as an electric
      utility right-of-way), the reevaluation required by this clause
      shall examine compliance with the terms and conditions of the
      authorization, not examine the authorization itself;
        (viii) require, after an opportunity for public comment,
      reevaluation of each compatible wildlife-dependent recreational
      use when conditions under which the use is permitted change
      significantly or if there is significant new information
      regarding the effects of the use, but not less frequently than in
      conjunction with each preparation or revision of a conservation
      plan under subsection (e) of this section or at least every 15
      years, whichever is earlier; and
        (ix) provide an opportunity for public review and comment on
      each evaluation of a use, unless an opportunity for public review
      and comment on the evaluation of the use has already been
      provided during the development or revision of a conservation
      plan for the refuge under subsection (e) of this section or has
      otherwise been provided during routine, periodic determinations
      of compatibility for wildlife-dependent recreational uses.

      (4) The provisions of this Act relating to determinations of the
    compatibility of a use shall not apply to - 
        (A) overflights above a refuge; and
        (B) activities authorized, funded, or conducted by a Federal
      agency (other than the United States Fish and Wildlife Service)
      which has primary jurisdiction over a refuge or a portion of a
      refuge, if the management of those activities is in accordance
      with a memorandum of understanding between the Secretary or the
      Director and the head of the Federal agency with primary
      jurisdiction over the refuge governing the use of the refuge.
    (e) Refuge conservation planning program for non-Alaskan refuge
      lands
      (1)(A) Except with respect to refuge lands in Alaska (which shall
    be governed by the refuge planning provisions of the Alaska
    National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)),
    the Secretary shall - 
        (i) propose a comprehensive conservation plan for each refuge
      or related complex of refuges (referred to in this subsection as
      a "planning unit") in the System;
        (ii) publish a notice of opportunity for public comment in the
      Federal Register on each proposed conservation plan;
        (iii) issue a final conservation plan for each planning unit
      consistent with the provisions of this Act and, to the extent
      practicable, consistent with fish and wildlife conservation plans
      of the State in which the refuge is located; and
        (iv) not less frequently than 15 years after the date of
      issuance of a conservation plan under clause (iii) and every 15
      years thereafter, revise the conservation plan as may be
      necessary.

      (B) The Secretary shall prepare a comprehensive conservation plan
    under this subsection for each refuge within 15 years after October
    9, 1997.
      (C) The Secretary shall manage each refuge or planning unit under
    plans in effect on October 9, 1997, to the extent such plans are
    consistent with this Act, until such plans are revised or
    superseded by new comprehensive conservation plans issued under
    this subsection.
      (D) Uses or activities consistent with this Act may occur on any
    refuge or planning unit before existing plans are revised or new
    comprehensive conservation plans are issued under this subsection.
      (E) Upon completion of a comprehensive conservation plan under
    this subsection for a refuge or planning unit, the Secretary shall
    manage the refuge or planning unit in a manner consistent with the
    plan and shall revise the plan at any time if the Secretary
    determines that conditions that affect the refuge or planning unit
    have changed significantly.
      (2) In developing each comprehensive conservation plan under this
    subsection for a planning unit, the Secretary, acting through the
    Director, shall identify and describe - 
        (A) the purposes of each refuge comprising the planning unit;
        (B) the distribution, migration patterns, and abundance of
      fish, wildlife, and plant populations and related habitats within
      the planning unit;
        (C) the archaeological and cultural values of the planning
      unit;
        (D) such areas within the planning unit that are suitable for
      use as administrative sites or visitor facilities;
        (E) significant problems that may adversely affect the
      populations and habitats of fish, wildlife, and plants within the
      planning unit and the actions necessary to correct or mitigate
      such problems; and
        (F) opportunities for compatible wildlife-dependent
      recreational uses.

      (3) In preparing each comprehensive conservation plan under this
    subsection, and any revision to such a plan, the Secretary, acting
    through the Director, shall, to the maximum extent practicable and
    consistent with this Act - 
        (A) consult with adjoining Federal, State, local, and private
      landowners and affected State conservation agencies; and
        (B) coordinate the development of the conservation plan or
      revision with relevant State conservation plans for fish and
      wildlife and their habitats.

      (4)(A) In accordance with subparagraph (B), the Secretary shall
    develop and implement a process to ensure an opportunity for active
    public involvement in the preparation and revision of comprehensive
    conservation plans under this subsection. At a minimum, the
    Secretary shall require that publication of any final plan shall
    include a summary of the comments made by States, owners of
    adjacent or potentially affected land, local governments, and any
    other affected persons, and a statement of the disposition of
    concerns expressed in those comments.
      (B) Prior to the adoption of each comprehensive conservation plan
    under this subsection, the Secretary shall issue public notice of
    the draft proposed plan, make copies of the plan available at the
    affected field and regional offices of the United States Fish and
    Wildlife Service, and provide opportunity for public comment.
    (f) Penalties
      (1) Knowing violations
        Any person who knowingly violates or fails to comply with any
      of the provisions of this Act or any regulations issued
      thereunder shall be fined under title 18 or imprisoned for not
      more than 1 year, or both.
      (2) Other violations
        Any person who otherwise violates or fails to comply with any
      of the provisions of this Act (including a regulation issued
      under this Act) shall be fined under title 18 or imprisoned not
      more than 180 days, or both.
    (g) Enforcement provision; arrests, searches, and seizures; custody
      of property; forfeitures; disposition
      Any person authorized by the Secretary to enforce the provisions
    of this Act or any regulations issued thereunder, may, without a
    warrant, arrest any person violating this Act or regulations in his
    presence or view, and may execute any warrant or other process
    issued by an officer or court of competence jurisdiction to enforce
    the provisions of this Act or regulations, and may with a search
    warrant search for and seize any property, fish, bird, mammal, or
    other wild vertebrate or invertebrate animals or part or nest or
    egg thereof, taken or possessed in violation of this Act or the
    regulations issued thereunder. Any property, fish, bird, mammal, or
    other wild vertebrate or invertebrate animals or part or egg
    thereof seized with or without a search warrant shall be held by
    such person or by a United States marshal, and upon conviction,
    shall be forfeited to the United States and disposed of by the
    Secretary, in accordance with law. The Director of the United
    States Fish and Wildlife Service is authorized to utilize by
    agreement, with or without reimbursement, the personnel and
    services of any other Federal or State agency for purposes of
    enhancing the enforcement of this Act.
    (h) Regulations; continuation, modification, or rescission
      Regulations applicable to areas of the System that are in effect
    on October 15, 1966, shall continue in effect until modified or
    rescinded.
    (i) National conservation recreational area provisions; amendment,
      repeal, or modification
      Nothing in this section shall be construed to amend, repeal, or
    otherwise modify the provision of the Act of September 28, 1962 (76
    Stat. 653; 16 U.S.C. 460k - 460k-4) which authorizes the Secretary
    to administer the areas within the System for public recreation.
    The provisions of this section relating to recreation shall be
    administered in accordance with the provisions of said sections.
    (j) Exemption from State water laws
      Nothing in this Act shall constitute an express or implied claim
    or denial on the part of the Federal Government as to exemption
    from State water laws.
    (k) Emergency power
      Notwithstanding any other provision of this Act, the Secretary
    may temporarily suspend, allow, or initiate any activity in a
    refuge in the System if the Secretary determines it is necessary to
    protect the health and safety of the public or any fish or wildlife
    population.
    (l) Hunting and fishing on lands and waters not within System
      Nothing in this Act shall be construed to authorize the Secretary
    to control or regulate hunting or fishing of fish and resident
    wildlife on lands or waters that are not within the System.
    (m) State authority
      Nothing in this Act shall be construed as affecting the
    authority, jurisdiction, or responsibility of the several States to
    manage, control, or regulate fish and resident wildlife under State
    law or regulations in any area within the System. Regulations
    permitting hunting or fishing of fish and resident wildlife within
    the System shall be, to the extent practicable, consistent with
    State fish and wildlife laws, regulations, and management plans.
    (n) Water rights
      (1) Nothing in this Act shall - 
        (A) create a reserved water right, express or implied, in the
      United States for any purpose;
        (B) affect any water right in existence on October 9, 1997; or
        (C) affect any Federal or State law in existence on October 9,
      1997, regarding water quality or water quantity.

      (2) Nothing in this Act shall diminish or affect the ability to
    join the United States in the adjudication of rights to the use of
    water pursuant to section 666 of title 43.
    (o) Coordination with State agencies
      Coordination with State fish and wildlife agency personnel or
    with personnel of other affected State agencies pursuant to this
    Act shall not be subject to the Federal Advisory Committee Act (5
    U.S.C. App.).

-SOURCE-
    (Pub. L. 89-669, Sec. 4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90-
    404, Sec. 1, July 18, 1968, 82 Stat. 359; Pub. L. 93-205, Sec.
    13(a), Dec. 28, 1973, 87 Stat. 902; Pub. L. 93-509, Sec. 2, Dec. 3,
    1974, 88 Stat. 1603; Pub. L. 94-215, Sec. 5, Feb. 17, 1976, 90
    Stat. 190; Pub. L. 94-223, Feb. 27, 1976, 90 Stat. 199; Pub. L. 95-
    616, Secs. 3(f), 6, Nov. 8, 1978, 92 Stat. 3111, 3114; Pub. L. 100-
    226, Sec. 4, Dec. 31, 1987, 101 Stat. 1551; Pub. L. 100-653, title
    IX, Sec. 904, Nov. 14, 1988, 102 Stat. 3834; Pub. L. 105-57, Secs.
    3(b)-8, Oct. 9, 1997, 111 Stat. 1254-1259; Pub. L. 105-312, title
    II, Sec. 206, Oct. 30, 1998, 112 Stat. 2958.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means Pub. L. 89-669, Oct. 15,
    1966, 80 Stat. 927, as amended, which enacted sections 668aa to
    668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d,
    and repealed sections 715d-1, 715d-2, 715l, 715m of this title. For
    complete classification of this Act to the Code, see Tables.
      The United States mining laws and mineral leasing laws, referred
    to in subsec. (c), are classified generally to Title 30, Mineral
    Lands and Mining.
      The Migratory Bird Conservation Act, referred to in subsec.
    (d)(2), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended,
    which is classified generally to subchapter III (Sec. 715 et seq.)
    of chapter 7 of this title. For complete classification of this Act
    to the Code, see section 715 of this title and Tables.
      The Migratory Bird Hunting Stamp Act, referred to in subsec.
    (d)(2), subsequently renamed the Migratory Bird Hunting and
    Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451,
    as amended, which is classified generally to subchapter IV (Sec.
    718 et seq.) of chapter 7 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 718 of this title and Tables.
      The Refuge Recreation Act and the Act of September 28, 1962,
    referred to in subsecs. (d)(3)(A)(iii) and (i), is Pub. L. 87-714,
    Sept. 28, 1962, 76 Stat. 653, as amended, which is classified
    generally to subchapter LXVIII (Sec. 460k et seq.) of chapter 1 of
    this title.
      The Alaska National Interest Lands Conservation Act, referred to
    in subsec. (e)(1)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
    2371, as amended. For complete classification of this Act to the
    Code, see Short Title note set out under section 3101 of this title
    and Tables.
      The Federal Advisory Committee Act, referred to in subsec. (o),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    classified to the Appendix of Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c). Pub. L. 105-312, Sec. 206(1), struck out
    "knowingly" after "No person shall" in first sentence.
      Subsec. (f). Pub. L. 105-312, Sec. 206(2), inserted subsec.
    heading, par. (1) designation and heading, and "knowingly" after
    "Any person who", and added par. (2).
      1997 - Subsec. (a)(1). Pub. L. 105-57, Sec. 3(b), substituted
    "Secretary" for "Secretary of the Interior" before "for the
    conservation of fish and wildlife".
      Subsec. (a)(2). Pub. L. 105-57, Sec. 4(1), (3), added par. (2)
    and redesignated former par. (2) as (5).
      Subsec. (a)(2)(A). Pub. L. 105-57, Sec. 3(b), substituted
    "Secretary" for "Secretary of the Interior" before "determines with
    the approval".
      Subsec. (a)(3). Pub. L. 105-57, Secs. 4(1), 5(a), added par. (3)
    and redesignated former par. (3) as (6).
      Subsec. (a)(4). Pub. L. 105-57, Sec. 5(a), added par. (4).
      Subsec. (a)(5). Pub. L. 105-57, Sec. 4(1), redesignated par. (2)
    as (5).
      Subsec. (a)(6). Pub. L. 105-57, Sec. 4(1), redesignated par. (3)
    as (6).
      Subsec. (a)(6)(i). Pub. L. 105-57, Sec. 4(2), substituted
    "paragraph (5)" for "paragraph (2)".
      Subsec. (b). Pub. L. 105-57, Sec. 5(b)(1), substituted
    "authorized to take the following actions:" for "authorized - " in
    introductory provisions.
      Subsec. (b)(1). Pub. L. 105-57, Sec. 5(b)(2), substituted "Enter"
    for "to enter".
      Subsec. (b)(2). Pub. L. 105-57, Sec. 5(b)(3), substituted
    "Accept" for "to accept" and substituted a period for ", and" at
    end.
      Subsec. (b)(3). Pub. L. 105-57, Sec. 5(b)(4), substituted
    "Acquire" for "to acquire".
      Subsec. (b)(4), (5). Pub. L. 105-57, Sec. 5(b)(5), added pars.
    (4) and (5).
      Subsec. (c). Pub. L. 105-57, Sec. 8(b), struck out at end "The
    provisions of this Act shall not be construed as affecting the
    authority, jurisdiction, or responsibility of the several States to
    manage, control, or regulate fish and resident wildlife under State
    law or regulations in any area within the System."
      Subsec. (d)(2). Pub. L. 105-57, Sec. 3(b), substituted
    "Secretary" for "Secretary of the Interior" before "may not grant
    to any Federal" and before "pursuant to this paragraph".
      Subsec. (d)(3), (4). Pub. L. 105-57, Sec. 6, added pars. (3) and
    (4).
      Subsec. (e). Pub. L. 105-57, Sec. 7(a), added subsec. (e) and
    redesignated former subsec. (e) as (f).
      Subsec. (f). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec.
    (e) as (f). Former subsec. (f) redesignated (g).
      Pub. L. 105-57, Sec. 3(b), substituted "Secretary" for "Secretary
    of the Interior" before "to enforce the provisions".
      Subsec. (g). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec.
    (f) as (g). Former subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec.
    (g) as (h). Former subsec. (h) redesignated (i).
      Pub. L. 105-57, Sec. 3(b), substituted "Secretary" for "Secretary
    of the Interior".
      Subsecs. (i), (j). Pub. L. 105-57, Sec. 7(a)(1), redesignated
    subsecs. (h) and (i) as (i) and (j), respectively.
      Subsecs. (k) to (o). Pub. L. 105-57, Sec. 8(a), added subsecs.
    (k) to (o).
      1988 - Subsec. (e). Pub. L. 100-653 substituted "thereunder shall
    be fined under title 18 or imprisoned for not more than 1 year, or
    both" for "thereunder shall be fined not more than $500 or be
    imprisoned not more than six months, or both".
      1987 - Subsec. (f). Pub. L. 100-226 inserted at end "The Director
    of the United States Fish and Wildlife Service is authorized to
    utilize by agreement, with or without reimbursement, the personnel
    and services of any other Federal or State agency for purposes of
    enhancing the enforcement of this Act."
      1978 - Subsec. (d)(1)(A). Pub. L. 95-616, Sec. 6, authorized the
    Secretary to find that the taking of any species of migratory birds
    in more than 40 percent of the area would be beneficial to the
    species.
      Subsec. (f). Pub. L. 95-616, Sec. 3(f), substituted "disposed of
    by the Secretary, in accordance with law" for "disposed of by the
    court".
      1976 - Subsec. (a). Pub. L. 94-223 designated existing first
    sentence as par. (1), provided for administration of the System by
    the Secretary of the Interior through the United States Fish and
    Wildlife Service and inserted provision respecting continuance of
    programs relating to management of resources in refuge lands in
    Alaska, subject to direct supervision of the United States Fish and
    Wildlife Service; struck out second sentence providing that
    "Nothing in this Act shall restrict the authority of the Secretary
    to modify or revoke public land withdrawals affecting lands in the
    System as presently constituted, or as it may be constituted,
    whenever he determines that such action is consistent with the
    public interest."; designated existing third sentence as par. (2),
    redesignated as subpars. (A) and (B) former clauses (1) and (2),
    redesignated as subpar. (B)(i) and (ii) former cl. (2)(A) and (B),
    substituted in subpar. (A) "with the approval of" for "after
    consultation with", inserted in subpar. (B)(i) "or fair market
    value, whichever is greater;" and reenacted as second sentence of
    par. (2) former last sentence of subsec. (a); and added par. (3).
      Subsec. (b)(3). Pub. L. 94-215 substituted designations "(A)" and
    "(B)" for "(a)" and "(b)", inserted in cl. (A) ", or for interests
    in acquired or public lands," before "under his jurisdiction" and
    substituted in cl. (B) "he may prescribe" for "the Secretary may
    prescribe".
      1974 - Subsec. (d). Pub. L. 93-509 designated existing provisions
    as par. (1)(A) and (B) and added par. (2).
      1973 - Subsec. (c). Pub. L. 93-205 inserted "With the exception
    of endangered species and threatened species listed by the
    Secretary pursuant to section 1533 of this title in States wherein
    a cooperative agreement does not exist pursuant to section 1535(c)
    of this title" before "nothing in this Act shall be construed" and
    struck out ", including endangered species thereof," before "on
    lands not within the System" in second sentence.
      1968 - Subsec. (a). Pub. L. 90-404 inserted provisions that no
    acquired lands which are or become a part of the National Wildlife
    Refuge System may be transferred or otherwise disposed of except
    under the specified conditions, and provisions that the Secretary
    pay into the migratory bird conservation fund the proceeds of any
    such transfer or disposal.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Section 3 of Pub. L. 93-509 provided that: "Section 4 (d)(2) of
    the Act of October 15, 1966 (as added by this Act) [subsec. (d)(2)
    of this section], shall apply with respect to any right-of-way,
    easement, or reservation granted by the Secretary of the Interior
    on or after the date of the enactment of this Act [Dec. 3, 1974],
    including any right-of-way, easement, or reservation granted on or
    after such date in connection with any use permitted by him
    pursuant to section 4(d)(2) of the Act of October 15, 1966 [now
    subsec. (d)(1)(B) of this section] (as in effect before the date of
    the enactment of this Act)."

                     EFFECTIVE DATE OF 1973 AMENDMENT                 
      Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section
    16 of Pub. L. 93-205, set out as an Effective Date note under
    section 1531 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Section 2 of Pub. L. 90-404 provided that: "The amendments made
    by the first section of this Act [amending subsec. (a) of this
    section] shall apply only with respect to transfers and disposals
    of land initiated and completed after the date of their enactment
    [July 18, 1968]."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-312, title II, Sec. 201, Oct. 30, 1998, 112 Stat.
    2957, provided that: "This title [amending this section, sections
    721 and 722 of this title, and section 564w-1 of Title 25, Indians,
    enacting provisions set out as a note under section 722 of this
    title, and amending provisions listed in a table of National
    Wildlife Refuges set out under this section] may be cited as the
    'National Wildlife Refuge System Improvement Act of 1998'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Section 1(a) of Pub. L. 105-57 provided that: "This Act [amending
    this section and section 668ee of this title and enacting
    provisions set out as notes under this section] may be cited as the
    'National Wildlife Refuge System Improvement Act of 1997'."

                       SHORT TITLE OF 1974 AMENDMENT                   
      Section 1 of Pub. L. 93-509 provided: "That this Act [amending
    this section and section 715s of this title, and enacting
    provisions set out as notes under this section] may be cited as the
    'National Wildlife Refuge System Administration Act Amendments of
    1974'."

                                SHORT TITLE                            
      Section 12(f) of Pub. L. 91-135, Dec. 5, 1969, 83 Stat. 283,
    provided that: "The provisions of sections 4 and 5 of the Act of
    October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as amended,
    shall hereinafter be cited as the 'National Wildlife Refuge System
    Administration Act of 1966'."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with approval to
    cross national wildlife refuges under sections 668dd and 668ee of
    this title 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, Secs. 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. 102-486, 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.


-MISC2-
                NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL            
      Pub. L. 106-408, title III, Nov. 1, 2000, 114 Stat. 1782,
    provided that:

      "SEC. 301. SHORT TITLE.
      "This title may be cited as the 'National Wildlife Refuge System
    Centennial Act'.

      "SEC. 302. FINDINGS AND PURPOSES.
      "(a) Findings. - Congress finds that - 
        "(1) President Theodore Roosevelt began the National Wildlife
      Refuge System by establishing the first refuge at Pelican Island,
      Florida, on March 14, 1903;
        "(2) the National Wildlife Refuge System is comprised of more
      than 93,000,000 acres of Federal land managed by the United
      States Fish and Wildlife Service in more than 532 individual
      refuges and thousands of waterfowl production areas located in
      all 50 States and the territories of the United States;
        "(3) the System is the only network of Federal land dedicated
      singularly to wildlife conservation and where wildlife-dependent
      recreation and environmental education are priority public uses;
        "(4) the System serves a vital role in the conservation of
      millions of migratory birds, dozens of endangered species and
      threatened species, some of the premier fisheries of the United
      States, marine mammals, and the habitats on which such species of
      fish and wildlife depend;
        "(5) each year the System provides millions of Americans with
      opportunities to participate in wildlife-dependent recreation,
      including hunting, fishing, and wildlife observation;
        "(6)(A) public visitation to national wildlife refuges is
      growing, with more than 35,000,000 visitors annually; and
        "(B) it is essential that visitor centers and public use
      facilities be properly constructed, operated, and maintained;
        "(7) the National Wildlife Refuge System Volunteer and
      Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f
      note; Public Law 105-242) [see Short Title of 1998 Amendments
      note under section 742a of this title], and the amendments made
      by that Act, significantly enhance the ability of the United
      States Fish and Wildlife Service to incorporate volunteers and
      partnerships in refuge management;
        "(8) as of the date of the enactment of this Act [Nov. 1,
      2000], the System has an unacceptable backlog of critical
      operation and maintenance needs; and
        "(9) the occasion of the centennial of the System, in 2003,
      presents a historic opportunity to enhance natural resource
      stewardship and expand public enjoyment of the national wildlife
      refuges of the United States.
      "(b) Purposes. - The purposes of this title are - 
        "(1) to establish a commission to promote awareness by the
      public of the National Wildlife Refuge System as the System
      celebrates its centennial in 2003;
        "(2) to develop a long-term plan to meet the priority
      operation, maintenance, and construction needs of the System;
        "(3) to require an annual report on the needs of the System
      prepared in the context of - 
          "(A) the budget submission of the Department of the Interior
        to the President; and
          "(B) the President's budget request to Congress; and
        "(4) to improve public use programs and facilities of the
      System to meet the increasing needs of the public for wildlife-
      dependent recreation in the 21st century.

      "SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.
      "(a) Establishment. - There is established the National Wildlife
    Refuge System Centennial Commission (referred to in this title as
    the 'Commission').
      "(b) Members. - 
        "(1) In general. - The Commission shall be composed of - 
          "(A) the Director of the United States Fish and Wildlife
        Service;
          "(B) up to 10 individuals appointed by the Secretary of the
        Interior;
          "(C) the chairman and ranking minority member of the
        Committee on Resources of the House of Representatives and of
        the Committee on Environment and Public Works of the Senate,
        who shall be nonvoting members; and
          "(D) the congressional representatives of the Migratory Bird
        Conservation Commission, who shall be nonvoting members.
        "(2) Appointments. - 
          "(A) Deadline. - The members of the Commission shall be
        appointed not later than 90 days after the effective date of
        this title.
          "(B) Appointments by the secretary of the interior. - 
            "(i) In general. - The members of the Commission appointed
          by the Secretary of the Interior under paragraph (1)(B) - 
         "(I) shall not be officers or employees of the Federal
          Government; and
         "(II) shall, in the judgment of the Secretary - 
              "(aa) represent the diverse beneficiaries of the System;
            and
              "(bb) have outstanding knowledge or appreciation of
            wildlife, natural resource management, or wildlife-
            dependent recreation.
            "(ii) Representation of views. - In making appointments
          under paragraph (1)(B), the Secretary of the Interior shall
          make every effort to ensure that the views of the hunting,
          fishing, and wildlife observation communities are represented
          on the Commission.
        "(3) Vacancies. - Any vacancy in the Commission - 
          "(A) shall not affect the power or duties of the Commission;
        and
          "(B) shall be expeditiously filled in the same manner as the
        original appointment was made.
      "(c) Chairperson. - The Secretary of the Interior shall appoint
    one of the members as the Chairperson of the Commission.
      "(d) Compensation. - The members of the Commission shall receive
    no compensation for their service on the Commission.
      "(e) Travel Expenses. - 
        "(1) Legislative branch members. - The members of the
      Commission from the legislative branch of the Federal Government
      shall be allowed necessary travel expenses, as authorized by
      other law for official travel, while away from their homes or
      regular places of business in the performance of services for the
      Commission.
        "(2) Executive branch members. - The members of the Commission
      from the executive branch of the Federal Government shall be
      allowed necessary travel expenses in accordance with section 5702
      of title 5, United States Code, while away from their homes or
      regular places of business in the performance of services for the
      Commission.
        "(3) Other members and staff. - The members of the Commission
      appointed by the Secretary of the Interior and staff of the
      Commission may be allowed necessary travel expenses as authorized
      by section 5702 of title 5, United States Code, while away from
      their homes or regular places of business in the performance of
      services for the Commission.
      "(f) Duties. - The Commission shall - 
        "(1) prepare, in cooperation with Federal, State, local, and
      nongovernmental partners, a plan to commemorate the centennial of
      the National Wildlife Refuge System beginning on March 14, 2003;
        "(2) coordinate the activities of the partners under the plan;
      and
        "(3) plan and host, in cooperation with the partners, a
      conference on the National Wildlife Refuge System, and assist in
      the activities of the conference.
      "(g) Staff. - Subject to the availability of appropriations, the
    Commission may employ such staff as are necessary to carry out the
    duties of the Commission.
      "(h) Donations. - 
        "(1) In general. - The Commission may, in accordance with
      criteria established under paragraph (2), accept and use
      donations of money, personal property, or personal services.
        "(2) Criteria. - The Commission shall establish written
      criteria to be used in determining whether the acceptance of
      gifts or donations under paragraph (1) would - 
          "(A) reflect unfavorably on the ability of the Commission or
        any employee of the Commission to carry out its
        responsibilities or official duties in a fair and objective
        manner; or
          "(B) compromise the integrity or the appearance of the
        integrity of any person involved in the activities of the
        Commission.
      "(i) Administrative Support. - Upon the request of the Commission
    - 
        "(1) the Secretary of the Interior, acting through the Director
      of the United States Fish and Wildlife Service, may provide to
      the Commission such administrative support services as are
      necessary for the Commission to carry out the duties of the
      Commission under this title, including services relating to
      budgeting, accounting, financial reporting, personnel, and
      procurement; and
        "(2) the head of any other appropriate Federal agency may
      provide to the Commission such advice and assistance, with or
      without reimbursement, as are appropriate to assist the
      Commission in carrying out the duties of the Commission.
      "(j) Reports. - 
        "(1) Annual reports. - Not later than 1 year after the
      effective date of this title, and annually thereafter, the
      Commission shall submit to Congress a report on the activities
      and plans of the Commission.
        "(2) Final report. - Not later than September 30, 2004, the
      Commission shall submit to the Committee on Resources of the
      House of Representatives and the Committee on Environment and
      Public Works of the Senate a final report on the activities of
      the Commission, including an accounting of all funds received and
      expended by the Commission.
      "(k) Termination. - 
        "(1) In general. - The Commission shall terminate 90 days after
      the date on which the Commission submits the final report under
      subsection (j).
        "(2) Disposition of materials. - Upon termination of the
      Commission and after consultation with the Archivist of the
      United States and the Secretary of the Smithsonian Institution,
      the Secretary of the Interior may - 
          "(A)(i) deposit all books, manuscripts, miscellaneous printed
        matter, memorabilia, relics, and other similar materials of the
        Commission relating to the centennial of the National Wildlife
        Refuge System in Federal, State, or local libraries or museums;
        or
          "(ii) otherwise dispose of such materials; and
          "(B)(i) use other property acquired by the Commission for the
        purposes of the National Wildlife Refuge System; or
          "(ii) treat such property as excess property.

      "SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS
        REGARDING THE OPERATION AND MAINTENANCE BACKLOG.
      "(a) Unified Long-Term Plan. - Not later than March 1, 2002, the
    Secretary of the Interior shall prepare and submit to Congress and
    the President a unified long-term plan to address priority
    operation, maintenance, and construction needs of the National
    Wildlife Refuge System, including - 
        "(1) priority staffing needs of the System; and
        "(2) operation, maintenance, and construction needs as
      identified in - 
          "(A) the Refuge Operating Needs System;
          "(B) the Maintenance Management System;
          "(C) the 5-year deferred maintenance list;
          "(D) the 5-year construction list;
          "(E) the United States Fish and Wildlife Service report
        entitled 'Fulfilling the Promise of America's National Wildlife
        Refuge System'; and
          "(F) individual refuge comprehensive conservation plans.
      "(b) Annual Submission. - Beginning with the submission to
    Congress of the budget for fiscal year 2003, the Secretary of the
    Interior shall prepare and submit to Congress, in the context of
    each annual budget submission, a report that contains - 
        "(1) an assessment of expenditures in the prior, current, and
      upcoming fiscal years to meet the operation and maintenance
      backlog as identified in the long-term plan under subsection (a);
      and
        "(2) a specification of transition costs, in the prior,
      current, and upcoming fiscal years, as identified in the analysis
      of newly acquired refuge land prepared by the Department of the
      Interior, and a description of the method used to determine the
      priority status of the transition costs.

      "SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.
      "(a) Finding. - Congress finds that designation of the year 2003
    as the 'Year of the National Wildlife Refuge' would promote the
    goal of increasing public appreciation of the importance of the
    National Wildlife Refuge System.
      "(b) Proclamation. - The President is requested to issue a
    proclamation calling on the people of the United States to conduct
    appropriate programs, ceremonies, and activities to accomplish the
    goal of such a year.

      "SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated to carry out the
    activities of the Commission under this title - 
        "(1) $100,000 for fiscal year 2001; and
        "(2) $250,000 for each of fiscal years 2002 through 2004.

      "SEC. 307. EFFECTIVE DATE.
      "This title takes effect on January 20, 2001."

                          CONGRESSIONAL FINDINGS                      
      Section 2 of Pub. L. 105-57 provided that: "The Congress finds
    the following:
        "(1) The National Wildlife Refuge System is comprised of over
      92,000,000 acres of Federal lands that have been incorporated
      within 509 individual units located in all 50 States and the
      territories of the United States.
        "(2) The System was created to conserve fish, wildlife, and
      plants and their habitats and this conservation mission has been
      facilitated by providing Americans opportunities to participate
      in compatible wildlife-dependent recreation, including fishing
      and hunting, on System lands and to better appreciate the value
      of and need for fish and wildlife conservation.
        "(3) The System serves a pivotal role in the conservation of
      migratory birds, anadromous and interjurisdictional fish, marine
      mammals, endangered and threatened species, and the habitats on
      which these species depend.
        "(4) The System assists in the fulfillment of important
      international treaty obligations of the United States with regard
      to fish, wildlife, and plants and their habitats.
        "(5) The System includes lands purchased not only through the
      use of tax dollars but also through the proceeds from sales of
      Duck Stamps and national wildlife refuge entrance fees. It is a
      System that is financially supported by those benefiting from and
      utilizing it.
        "(6) When managed in accordance with principles of sound fish
      and wildlife management and administration, fishing, hunting,
      wildlife observation, and environmental education in national
      wildlife refuges have been and are expected to continue to be
      generally compatible uses.
        "(7) On March 25, 1996, the President issued Executive Order
      12996 [set out below], which recognized 'compatible wildlife-
      dependent recreational uses involving hunting, fishing, wildlife
      observation and photography, and environmental education and
      interpretation as priority public uses of the Refuge System'.
        "(8) Executive Order 12996 is a positive step and serves as the
      foundation for the permanent statutory changes made by this Act
      [see Short Title of 1997 Amendment note above]."

               STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA           
      Section 9 of Pub. L. 105-57 provided that:
      "(a) In General. - Nothing in this Act [see Short Title of 1997
    Amendment note above] is intended to affect - 
        "(1) the provisions for subsistence uses in Alaska set forth in
      the Alaska National Interest Lands Conservation Act (Public Law
      96-487) [see Short Title note set out under section 3101 of this
      title], including those in titles III [enacting provisions listed
      in a table of National Wildlife Refuges set out below and
      provisions set out as a note under section 3145 of this title]
      and VIII [16 U.S.C. 3111 et seq.] of that Act;
        "(2) the provisions of section 102 of the Alaska National
      Interest Lands Conservation Act [16 U.S.C. 3102], the
      jurisdiction over subsistence uses in Alaska, or any assertion of
      subsistence uses in Alaska in the Federal courts; and
        "(3) the manner in which section 810 of the Alaska National
      Interest Lands Conservation Act [16 U.S.C. 3120] is implemented
      in national wildlife refuges in Alaska.
      "(b) Conflicts of Laws. - If any conflict arises between any
    provision of this Act and any provision of the Alaska National
    Interest Lands Conservation Act, then the provision in the Alaska
    National Interest Lands Conservation Act shall prevail."

     LAND TRANSFER AND CONVEYANCE, PEASE AIR FORCE BASE, NEW HAMPSHIRE 
      Pub. L. 102-154, title III, Sec. 319, Nov. 13, 1991, 105 Stat.
    1036, provided that:
      "(a) Transfer by the Air Force. - Notwithstanding any other
    provision of law, the Secretary of the Air Force shall transfer to
    the Department of the Interior a parcel of real property located
    west of McIntyre Road at the site of former Pease Air Force Base,
    New Hampshire: Provided, That the Secretary of the Air Force shall
    retain responsibility for any hazardous substances which may be
    found on the property so transferred.
      "(b) Establishment of National Wildlife Refuge. - Except as
    provided in subsection (c), the Secretary of the Interior shall
    designate the parcel of land transferred under subsection (a) as an
    area in the National Wildlife Refuge System under the authority of
    section 4 of the Act of October 15, 1966 (16 U.S.C. 688dd).
      "(c) Conveyance to State of New Hampshire. - 
        "(1) Conveyance. - Subject to paragraphs (2) through (5), the
      Secretary of the Interior shall convey to the State of New
      Hampshire, without consideration, all right, title, and interest
      of the United States in and to a parcel of real property
      consisting of not more than 100 acres that is a part of the real
      property transferred to the Secretary under subsection (a) and
      that the Secretary determines to be suitable for use as a
      cemetery.
        "(2) Condition of conveyance. - The conveyance under paragraph
      (1) shall be subject to the condition that the State of New
      Hampshire use the property conveyed under that paragraph only for
      the purpose of establishing and operating a State cemetery for
      veterans.
        "(3) Reversion. - If the Secretary determines at any time that
      the State of New Hampshire is not complying with the condition
      specified in paragraph (2), all right, title, and interest in and
      to the property conveyed pursuant to paragraph (1), including any
      improvements thereon, shall revert to the United States and the
      United States shall have the right of immediate entry thereon.
        "(4) Description of property. - The exact acreage and legal
      description of the parcel of real property to be conveyed under
      paragraph (1) shall be determined by a survey that is
      satisfactory to the Secretary.
        "(5) Additional terms and conditions. - The Secretary may
      require any additional terms or conditions in connection with the
      conveyance under this subsection that the Secretary determines
      appropriate to protect the interests of the United States.
      "(d) The purposes for which this national wildlife refuge is
    established are - 
        "(1) to encourage the natural diversity of plant, fish, and
      wildlife species within the refuge, and to provide for their
      conservation and management;
        "(2) to protect species listed as endangered or threatened, or
      identified as candidates for listing pursuant to the Endangered
      Species Act of 1973 (16 U.S.C. 1531 et seq.);
        "(3) to preserve and enhance the water quality of aquatic
      habitat within the refuge; and
        "(4) to fulfill the international treaty obligations of the
      United States relating to fish and wildlife."



                         NATIONAL WILDLIFE REFUGES                     
    --------------------------------------------------------------------
    Provisions relating to national wildlife refuges were contained in   
     the following acts and executive documents:                         
      Alaska Maritime National Wildlife Refuge, Alaska. - Pub. L.        
       96-487, title III, Sec. 303(1), Dec. 2, 1980, 94 Stat. 2389; Pub. 
       L. 101-622, Nov. 21, 1990, 104 Stat. 3347; Pub. L. 102-489, Oct.  
       24, 1992, 106 Stat. 3138; Pub. L. 106-554, Sec. 1(a)(4) [div. A,  
       Sec. 302], Dec. 21, 2000, 114 Stat. 2763, 2763A-180; Pub. L.      
       107-239, Oct. 11, 2002, 116 Stat. 1488; Pub. L. 107-314, div. B,  
       title XXVIII, Sec. 2853, Dec. 2, 2002, 116 Stat. 2727.            
      Alaska Peninsula National Wildlife Refuge, Alaska. - Pub. L.       
       96-498, title III, Sec. 302(1), Dec. 2, 1980, 94 Stat. 2385.      
      Amagansett National Wildlife Refuge, New York. - Pub. L. 104-148,  
       Sec. 1, May 24, 1996, 110 Stat. 1378.                             
      Aransas National Wildlife Refuge, Myrtle Foester Whitmire          
       Division, Texas. - Pub. L. 102-226, Sec. 1, Dec. 11, 1991, 105    
       Stat. 1685.                                                       
      Arctic National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 303(2), Dec. 2, 1980, 94 Stat. 2390.                    
      Arthur R. Marshall Loxahatchee National Wildlife Refuge, Florida.  
       - Pub. L. 99-615, Nov. 6, 1986, 100 Stat. 3484.                   
      Atchafalaya National Wildlife Refuge, Louisiana. - Pub. L. 98-548, 
       title III, Oct. 26, 1984, 98 Stat. 2776; Pub. L. 99-625, Sec. 2,  
       Nov. 7, 1986, 100 Stat. 3502.                                     
      Baca National Wildlife Refuge, Colorado. - Pub. L. 106-530, Sec.   
       6, Nov. 22, 2000, 114 Stat. 2530.                                 
      Bandon Marsh National Wildlife Refuge, Oregon. - Pub. L. 97-137,   
       title I, Dec. 29, 1981, 95 Stat. 1709; Pub. L. 105-321, Sec. 5,   
       Oct. 30, 1998, 112 Stat. 3025.                                    
      Bayou Cocodrie National Wildlife Refuge, Louisiana. - Pub. L.      
       101-593, title I, Sec. 108, Nov. 16, 1990, 104 Stat. 2956.        
      Bayou Sauvage Urban National Wildlife Refuge, Louisiana. - Pub. L. 
       99-645, title V, Sec. 502, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 
       104-253, Sec. 2, Oct. 9, 1996, 110 Stat. 3167.                    
      Becharof National Wildlife Refuge, Alaska. - Pub. L. 96-498, title 
       III, Sec. 302(2), Dec. 2, 1980, 94 Stat. 2385.                    
      Bitter Lake National Wildlife Refuge, New Mexico. - Pub. L. 108-7, 
       div. F, title I, Sec. 139, Feb. 20, 2003, 117 Stat. 244.          
      Blackwater National Wildlife Refuge, Maryland. - Pub. L. 108-131,  
       Nov. 22, 2003, 117 Stat. 1372.                                    
      Bogue Chitto National Wildlife Refuge, Louisiana-Mississippi. -    
       Pub. L. 96-288, June 28, 1980, 94 Stat. 603; Pub. L. 99-191, Sec. 
       3, Dec. 19, 1985, 99 Stat. 1327; Pub. L. 101-233, Sec. 17, Dec.   
       13, 1989, 103 Stat. 1978.                                         
      Bon Secour National Wildlife Refuge, Alabama. - Pub. L. 96-267,    
       June 9, 1980, 94 Stat. 483; Pub. L. 99-191, Sec. 1, Dec. 19, 1985,
       99 Stat. 1327.                                                    
      Cache River National Wildlife Refuge, Arkansas. - Pub. L. 102-584, 
       Secs. 1-5, Nov. 2, 1992, 106 Stat. 4937-4941.                     
      Cahaba River National Wildlife Refuge, Alabama. - Pub. L. 106-331, 
       Oct. 19, 2000, 114 Stat. 1303; Pub. L. 106-369, Sec. 9(b), Oct.   
       27, 2000, 114 Stat. 1419; Pub. L. 109-363, title V, Oct. 17, 2006,
       120 Stat. 2078.                                                   
      Cape Romain National Wildlife Refuge, South Carolina. - Pub. L.    
       107-63, title I, Sec. 129, Nov. 5, 2001, 115 Stat. 442.           
      Cat Island National Wildlife Refuge, Louisiana. - Pub. L. 106-369, 
       Secs. 1-7, Oct. 27, 2000, 114 Stat. 1417-1419.                    
      Charles M. Russell National Wildlife Refuge, Montana. - Pub. L.    
       106-541, title VIII, Dec. 11, 2000, 114 Stat. 2699.               
      Cibola National Wildlife Refuge, California. - Pub. L. 109-127,    
       Dec. 7, 2005, 119 Stat. 2548.                                     
      Clarks River National Wildlife Refuge, Kentucky. - Pub. L.         
       104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30, 1996,  
       110 Stat. 3009-181, 3009-185.                                     
      Columbia National Wildlife Refuge, Washington. - Pub. L. 106-291,  
       title I, Sec. 138, Oct. 11, 2000, 114 Stat. 949.                  
      Cossatot National Wildlife Refuge, Arkansas. - Pub. L. 104-333,    
       div. I, title III, Sec. 305(h), Nov. 12, 1996, 110 Stat. 4130.    
      Desert National Wildlife Range, Nevada. - Pub. L. 107-282, title   
       III, Sec. 301, Nov. 6, 2002, 116 Stat. 2006; Pub. L. 108-424,     
       title VI, Sec. 601, Nov. 30, 2004, 118 Stat. 2419.                
      Detroit River International Wildlife Refuge (former Wyandotte      
       National Wildlife Refuge), Michigan. - Pub. L. 87-119, Aug. 3,    
       1961, 75 Stat. 243; Pub. L. 107-91, Dec. 21, 2001, 115 Stat. 894; 
       Pub. L. 108-23, May 19, 2003, 117 Stat. 704.                      
      Don Edwards San Francisco Bay National Wildlife Refuge,            
       California. - Pub. L. 92-326, June 30, 1972, 86 Stat. 391; Pub. L.
       96-290, Sec. 1, June 28, 1980, 94 Stat. 607; Pub. L. 100-556,     
       title II, Oct. 28, 1988, 102 Stat. 2780; Pub. L. 104-78, Sec. 1,  
       Dec. 28, 1995, 109 Stat. 790.                                     
      Edwin B. Forsythe National Wildlife Refuge, New Jersey. - Pub. L.  
       98-293, May 22, 1984, 98 Stat. 207.                               
      Egmont Key National Wildlife Refuge, Florida. - Pub. L. 93-341,    
       July 10, 1974, 88 Stat. 295.                                      
      Elizabeth Hartwell Mason Neck National Wildlife Refuge (former     
       Mason Neck National Wildlife Refuge), Virginia. - Pub. L. 106-291,
       title I, Sec. 120, Oct. 11, 2000, 114 Stat. 944; Pub. L. 109-269, 
       Sec. 1, Aug. 12, 2006, 120 Stat. 682.                             
      Ernest F. Hollings ACE Basin National Wildlife Refuge, South       
       Carolina. - Pub. L. 108-447, div. E, title I, Sec. 137, Dec. 8,   
       2004, 118 Stat. 3068.                                             
      Flattery Rocks National Wildlife Refuge, Washington. - Ex. Ord.    
       No. 703, Oct. 23, 1907; Proc. No. 2416, July 25, 1940, 54 Stat.   
       2717; Pub. L. 100-226, Sec. 3, Dec. 31, 1987, 101 Stat. 1550.     
      Grays Harbor National Wildlife Refuge, Washington. - Pub. L.       
       100-406, Aug. 19, 1988, 102 Stat. 1041.                           
      Great Dismal Swamp National Wildlife Refuge, Virginia and North    
       Carolina. - Pub. L. 93-402, Aug. 30, 1974, 88 Stat. 801.          
      Hart Mountain National Antelope Refuge, Oregon. - Pub. L. 105-321, 
       Sec. 4(a)-(d), Oct. 30, 1998, 112 Stat. 3023.                     
      Holt Collier National Wildlife Refuge (former Bogue Phalia Unit of 
       the Yazoo National Wildlife Refuge), Mississippi. - Pub. L.       
       108-199, div. H, Sec. 145(g)(1), Jan. 23, 2004, 118 Stat. 444.    
      Humboldt Bay National Wildlife Refuge, California. - Pub. L.       
       96-290, Sec. 2, June 28, 1980, 94 Stat. 607; Pub. L. 107-130, Jan.
       16, 2002, 115 Stat. 2409.                                         
      Innoko National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 302(3), Dec. 2, 1980, 94 Stat. 2386.                    
      Izembek National Wildlife Refuge, Alaska. - Pub. L. 96-498, title  
       III, Sec. 303(3), Dec. 2, 1980, 94 Stat. 2390.                    
      James Campbell National Wildlife Refuge, Hawaii. - Pub. L.         
       109-225, May 25, 2006, 120 Stat. 378.                             
      John H. Chafee National Wildlife Refuge (former Pettaquamscutt     
       Cove National Wildlife Refuge), Rhode Island. - Pub. L. 100-610,  
       title II, Nov. 5, 1988, 102 Stat. 3176; Pub. L. 102-212, title II,
       Sec. 202, Dec. 11, 1991, 105 Stat. 1660; Pub. L. 104-212, title   
       II, Oct. 1, 1996, 110 Stat. 3014; Pub. L. 106-53, title V, Sec.   
       565(c), Aug. 17, 1999, 113 Stat. 367.                             
      John Heinz National Wildlife Refuge at Tinicum (former Tinicum     
       National Environmental Center), Pennsylvania. - Pub. L. 102-154,  
       title I, Nov. 13, 1991, 105 Stat. 995; Pub. L. 103-340, Sec. 7,   
       formerly Sec. 6, Oct. 6, 1994, 108 Stat. 3120, renumbered Sec. 7, 
       Pub. L. 106-369, Sec. 9(a), Oct. 27, 2000, 114 Stat. 1419; Pub. L.
       109-166, Sec. 4, Jan. 10, 2006, 119 Stat. 3577.                   
      Kanuti National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 302(4), Dec. 2, 1980, 94 Stat. 2386.                    
      Kenai National Wildlife Refuge, Alaska. - Pub. L. 96-487, title    
       III, Sec. 303(4), Dec. 2, 1980, 94 Stat. 2391; Pub. L. 104-333,   
       div. I, title III, Sec. 311(d)(3), Nov. 12, 1996, 110 Stat. 4142. 
      Kilauea Point National Wildlife Refuge, Hawaii.-Pub. L. 108-481,   
       Dec. 23, 2004, 118 Stat. 3910.                                    
      Klamath Marsh National Wildlife Refuge, Oregon. - Act Aug. 13,     
       1954, ch. 732, Sec. 28, as added Pub. L. 85-731, Sec. 1, Aug. 23, 
       1958, 72 Stat. 816; amended Pub. L. 86-247, Sept. 9, 1959, 73     
       Stat. 477; Pub. L. 105-312, title II, Sec. 205, Oct. 30, 1998, 112
       Stat. 2957; Pub. L. 105-321, Sec. 4(e), Oct. 30, 1998, 112 Stat.  
       3025.                                                             
      Kodiak National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 303(5), Dec. 2, 1980, 94 Stat. 2391.                    
      Koyukuk National Wildlife Refuge, Alaska. - Pub. L. 96-498, title  
       III, Sec. 302(5), Dec. 2, 1980, 94 Stat. 2386.                    
      Mason Neck National Wildlife Refuge, Virginia (see Elizabeth       
       Hartwell Mason Neck National Wildlife Refuge).                    
      McNary National Wildlife Refuge, Washington. - Pub. L. 106-53,     
       title V, Sec. 563(l), Aug. 17, 1999, 113 Stat. 365.               
      Midway Atoll National Wildlife Refuge, Midway Islands. - Ex. Ord.  
       No. 13022, Sec. 3(a), Oct. 31, 1996, 61 F.R. 56875; Pub. L.       
       107-206, title I, Sec. 703, Aug. 2, 2002, 116 Stat. 864.          
      Minnesota Valley National Wildlife Refuge, Minnesota. - Pub. L.    
       94-466, Oct. 8, 1976, 90 Stat. 1992.                              
      Mountain Longleaf National Wildlife Refuge, Alabama. - Pub. L.     
       107-314, div. B, title XXVIII, Sec. 2821, Dec. 2, 2002, 116 Stat. 
       2710.                                                             
      Neal Smith National Wildlife Refuge, Iowa. - Pub. L. 105-83, title 
       III, Sec. 341, Nov. 14, 1997, 111 Stat. 1604.                     
      Ninigret National Wildlife Refuge, Rhode Island. - Pub. L.         
       105-178, title I, Sec. 1214(g), (i), June 9, 1998, 112 Stat. 206, 
       207; Pub. L. 105-206, title IX, Sec. 9006(d), July 22, 1998, 112  
       Stat. 849.                                                        
      North Platte National Wildlife Refuge, Nebraska. - Pub. L.         
       104-212, title I, Sec. 101, Oct. 1, 1996, 110 Stat. 3014.         
      Nowitna National Wildlife Refuge, Alaska. - Pub. L. 96-498, title  
       III, Sec. 302(6), Dec. 2, 1980, 94 Stat. 2387.                    
      Oahu National Wildlife Refuge Complex, Hawaii. - Pub. L. 104-209,  
       Sec. 1, Oct. 1, 1996, 110 Stat. 3010.                             
      Ottawa National Wildlife Refuge Complex, Ohio. - Pub. L. 108-23,   
       May 19, 2003, 117 Stat. 704.                                      
      Oxbow National Wildlife Refuge, Massachusetts. - Pub. L. 103-337,  
       div. B, title XXVIII, Sec. 2846, Oct. 5, 1994, 108 Stat. 3071;    
       Pub. L. 104-106, div. B, title XXVIII, Sec. 2853, Feb. 10, 1996,  
       110 Stat. 567.                                                    
      Pettaquamscutt Cove National Wildlife Refuge, Rhode Island (see    
       John H. Chafee National Wildlife Refuge).                         
      Pocosin Lakes National Wildlife Refuge, North Carolina. - Pub. L.  
       103-232, title III, Apr. 11, 1994, 108 Stat. 339.                 
      Protection Island National Wildlife Refuge, Washington. - Pub. L.  
       97-333, Oct. 15, 1982, 96 Stat. 1623.                             
      Quillayute Needles National Wildlife Refuge, Washington. - Ex.     
       Ord. No. 705, Oct. 23, 1907; Proc. No. 2416, July 25, 1940, 54    
       Stat. 2717; Pub. L. 100-226, Sec. 3, Dec. 31, 1987, 101 Stat. 1550.
      Red River National Wildlife Refuge, Louisiana. - Pub. L. 106-300,  
       Oct. 13, 2000, 114 Stat. 1055; Pub. L. 106-369, Sec. 9(c), Oct.   
       27, 2000, 114 Stat. 1419.                                         
      Rhode Island National Wildlife Refuge, Rhode Island. - Pub. L.     
       105-178, title I, Sec. 1214(j), June 9, 1998, 112 Stat. 207.      
      Ridgefield National Wildlife Refuge, Washington. - Pub. L.         
       102-570, Sec. 1, Oct. 29, 1992, 106 Stat. 4489.                   
      Rocky Flats National Wildlife Refuge, Colorado. - Pub. L. 107-107, 
       div. C, title XXXI, Dec. 28, 2001, 115 Stat. 1379; Pub. L.        
       109-163, div. C, title XXXI, Sec. 3112(b)(7), Jan. 6, 2006, 119   
       Stat. 3541.                                                       
      Rocky Mountain Arsenal National Wildlife Refuge, Colorado. - Pub.  
       L. 102-402, Oct. 9, 1992, 106 Stat. 1961; Pub. L. 105-85, div. B, 
       title XXVIII, Sec. 2840, Nov. 18, 1997, 111 Stat. 2007.           
      Sachuest Point National Wildlife Refuge, Rhode Island. - Pub. L.   
       105-178, title I, Sec. 1214(f), (h), June 9, 1998, 112 Stat. 206, 
       207.                                                              
      Sailors' Snug Harbor National Wildlife Refuge, New York. - Pub. L. 
       96-315, Sec. 2, July 25, 1980, 94 Stat. 957.                      
      St. Marks National Wildlife Refuge, Florida. - Pub. L. 109-241,    
       title V, Sec. 504, July 11, 2006, 120 Stat. 551.                  
      San Diego National Wildlife Refuge, California. - Pub. L. 106-398, 
       Sec. 1 [div. B, title XXVIII, Sec. 2848], Oct. 30, 2000, 114 Stat.
       1654, 1654A-426.                                                  
      Seal Beach National Wildlife Refuge, California. - Pub. L. 92-408, 
       Aug. 29, 1972, 86 Stat. 633.                                      
      Selawik National Wildlife Refuge, Alaska. - Pub. L. 96-498, title  
       III, Sec. 302(7), Dec. 2, 1980, 94 Stat. 2387.                    
      Silvio Conte National Fish and Wildlife Refuge, Connecticut,       
       Massachusetts, New Hampshire, and Vermont. - Pub. L. 102-212,     
       title I, Dec. 11, 1991, 105 Stat. 1655.                           
      Sonny Bono Salton Sea National Wildlife Refuge, California. - Pub. 
       L. 105-372, title I, Sec. 103, Nov. 12, 1998, 112 Stat. 3380.     
      Stewart B. McKinney National Wildlife Refuge, Connecticut. - Pub.  
       L. 98-548, title II, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 100-38,
       May 13, 1987, 101 Stat. 306; Pub. L. 101-443, Sec. 2, Oct. 19,    
       1990, 104 Stat. 1028.                                             
      Stillwater National Wildlife Refuge, Nevada. - Pub. L. 101-618,    
       title II, Sec. 206(b), Nov. 16, 1990, 104 Stat. 3309.             
      Tensas River National Wildlife Refuge, Louisiana. - Pub. L.        
       96-285, June 28, 1980, 94 Stat. 595; Pub. L. 99-191, Sec. 2, Dec. 
       19, 1985, 99 Stat. 1327; Pub. L. 104-253, Sec. 1, Oct. 9, 1996,   
       110 Stat. 3167.                                                   
      Tetlin National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 302(8), Dec. 2, 1980, 94 Stat. 2388.                    
      Theodore Roosevelt National Wildlife Refuge, Mississippi. - Pub.   
       L. 108-199, div. H, Sec. 145, Jan. 23, 2004, 118 Stat. 443.       
      Theodore Roosevelt National Wildlife Refuge Complex (former        
       Central Mississippi National Wildlife Refuge Complex),            
       Mississippi. - Pub. L. 108-199, div. H, Sec. 145(g)(2), Jan. 23,  
       2004, 118 Stat. 444.                                              
      Togiak National Wildlife Refuge, Alaska. - Pub. L. 96-498, title   
       III, Sec. 303(6), Dec. 2, 1980, 94 Stat. 2392.                    
      Waccamaw National Wildlife Refuge, South Carolina. - Pub. L.       
       107-63, title I, Nov. 5, 2001, 115 Stat. 420.                     
      Wallkill River National Wildlife Refuge, New Jersey. - Pub. L.     
       101-593, title I, Sec. 107, Nov. 16, 1990, 104 Stat. 2955.        
      Wertheim National Wildlife Refuge, New York. - Pub. L. 106-113,    
       div. B, Sec. 1000(a)(5) [title II, Sec. 222], Nov. 29, 1999, 113  
       Stat. 1536, 1501A-299.                                            
      White River National Wildlife Refuge, Arkansas. - Pub. L. 102-584, 
       Secs. 1-5, Nov. 2, 1992, 106 Stat. 4937-4941.                     
      Wyandotte National Wildlife Refuge, Michigan (see Detroit River    
       International Wildlife Refuge).                                   
      Yukon Delta National Wildlife Refuge, Alaska. - Pub. L. 96-498,    
       title III, Sec. 303(7), Dec. 2, 1980, 94 Stat. 2392; Pub. L.      
       108-129, Nov. 17, 2003, 117 Stat. 1358.                           
      Yukon Flats National Wildlife Refuge, Alaska. - Pub. L. 96-498,    
       title III, Sec. 302(9), Dec. 2, 1980, 94 Stat. 2388.              
    --------------------------------------------------------------------




                    NATIONAL WILDLIFE CONSERVATION AREA                
    --------------------------------------------------------------------
      Falls of the Ohio National Wildlife Conservation Area, Kentucky. - 
       Pub. L. 97-137, title II, Dec. 29, 1981, 95 Stat. 1710; Pub. L.   
       98-613, Sec. 10(c), (d), Oct. 31, 1984, 98 Stat. 3191; Pub. L.    
       105-146, Sec. 2, Dec. 16, 1997, 111 Stat. 2672.                   
    --------------------------------------------------------------------




                      NATIONAL ENVIRONMENTAL CENTERS                  
    --------------------------------------------------------------------
      Tinicum National Environmental Center, Pennsylvania. - Pub. L.     
       92-326, June 30, 1972, 86 Stat. 391; renamed John Heinz National  
       Wildlife Refuge at Tinicum, Pub. L. 102-154, title I, Nov. 13,    
       1991, 105 Stat. 995.                                              
    --------------------------------------------------------------------



-EXEC-
     EX. ORD. NO. 12996. MANAGEMENT AND GENERAL PUBLIC USE OF NATIONAL
                          WILDLIFE REFUGE SYSTEM
      Ex. Ord. No. 12996, Mar. 25, 1996, 61 F.R. 13647, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in furtherance of
    the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a
    [et seq.]), the Fish and Wildlife Coordination Act (16 U.S.C. 661
    [et seq.]), the National Wildlife Refuge System Administration Act
    (16 U.S.C. 668dd [, 668ee]), the Refuge Recreation Act (16 U.S.C.
    460k [et seq.]), the Endangered Species Act of 1973 (16 U.S.C. 1531
    [et seq.]), the Emergency Wetlands Resources Act (16 U.S.C. 3901
    [et seq.]), the North American Wetlands Conservation Act (16 U.S.C.
    4401 [et seq.]), the National Environmental Policy Act (42 U.S.C.
    4321 [et seq.]), and other pertinent statutes, and in order to
    conserve fish and wildlife and their habitat, it is ordered as
    follows:
      Section 1. The Mission of the National Wildlife Refuge System.
    The mission of the National Wildlife Refuge System ("Refuge
    System") is to preserve a national network of lands and waters for
    the conservation and management of fish, wildlife, and plant
    resources of the United States for the benefit of present and
    future generations.
      Sec. 2. Guiding Principles. To help ensure a bright future for
    its treasured national heritage, I hereby affirm the following four
    guiding principles for the management and general public use of the
    Refuge System:
      (a) Public Use. The Refuge System provides important
    opportunities for compatible wildlife-dependent recreational
    activities involving hunting, fishing, wildlife observation and
    photography, and environmental education and interpretation.
      (b) Habitat. Fish and wildlife will not prosper without high-
    quality habitat, and without fish and wildlife, traditional uses
    of refuges cannot be sustained. The Refuge System will continue to
    conserve and enhance the quality and diversity of fish and wildlife
    habitat within refuges.
      (c) Partnerships. America's sportsmen and women were the first
    partners who insisted on protecting valuable wildlife habitat
    within wildlife refuges. Conservation partnerships with other
    Federal agencies, State agencies, Tribes, organizations, industry,
    and the general public can make significant contributions to the
    growth and management of the Refuge System.
      (d) Public Involvement. The public should be given a full and
    open opportunity to participate in decisions regarding acquisition
    and management of our National Wildlife Refuges.
      Sec. 3. Directives to the Secretary of the Interior. To the
    extent consistent with existing laws and interagency agreements,
    the Secretary of the Interior, in carrying out his trustee and
    stewardship responsibilities for the Refuge System, is directed to:
      (a) recognize compatible wildlife-dependent recreational
    activities involving hunting, fishing, wildlife observation and
    photography, and environmental education and interpretation as
    priority general public uses of the Refuge System through which the
    American public can develop an appreciation for fish and wildlife;
      (b) provide expanded opportunities for these priority public uses
    within the Refuge System when they are compatible and consistent
    with sound principles of fish and wildlife management, and are
    otherwise in the public interest;
      (c) ensure that such priority public uses receive enhanced
    attention in planning and management within the Refuge System;
      (d) provide increased opportunities for families to experience
    wildlife-dependent recreation, particularly opportunities for
    parents and their children to safely engage in traditional outdoor
    activities, such as fishing and hunting;
      (e) ensure that the biological integrity and environmental health
    of the Refuge System is maintained for the benefit of present and
    future generations of Americans;
      (f) continue, consistent with existing laws and interagency
    agreements, authorized or permitted uses of units of the Refuge
    System by other Federal agencies, including those necessary to
    facilitate military preparedness;
      (g) plan and direct the continued growth of the Refuge System in
    a manner that is best designed to accomplish the mission of the
    Refuge System, to contribute to the conservation of the ecosystems
    of the United States, and to increase support for the Refuge System
    and participation from conservation partners and the public;
      (h) ensure timely and effective cooperation and collaboration
    with Federal agencies and State fish and wildlife agencies during
    the course of acquiring and managing National Wildlife Refuges;
      (i) ensure appropriate public involvement opportunities will be
    provided in conjunction with refuge planning and management
    activities; and
      (j) identify, prior to acquisition, existing compatible wildlife-
    dependent uses of new refuge lands that shall be permitted to
    continue on an interim basis pending completion of comprehensive
    planning.
      Sec. 4. Judicial Review. This order does not create any right or
    benefit, substantive or procedural, enforceable at law or equity by
    a party against the United States, its agencies, its officers, or
    any person.
                                                     William J. Clinton.

-End-



-CITE-
    16 USC Sec. 668ee                                           01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
    Sec. 668ee. Definitions

-STATUTE-
      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.

-SOURCE-
    (Pub. L. 89-669, Sec. 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105-
    57, Sec. 3(a), Oct. 9, 1997, 111 Stat. 1253.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means Pub. L. 89-669, Oct. 15,
    1966, 80 Stat. 927, as amended, which enacted sections 668aa to
    668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d,
    and repealed sections 715d-1, 715d-2, 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, as amended. Title III
    of the Act is classified generally to subchapter III (Sec. 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.


-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-57 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."

-End-



-CITE-
    16 USC Secs. 668ff to 668jj                                 01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
    Secs. 668ff to 668jj. Omitted

-MISC1-
      Sections, Pub. L. 92-330, 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.

-End-



-CITE-
    16 USC Secs. 668kk to 668ss                                 01/03/2007

-EXPCITE-
    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

-HEAD-
    Secs. 668kk to 668ss. Omitted

-MISC1-
      Sections, Pub. L. 94-466, 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.

-End-