(d) The Secretary shall consult periodically with the various governmental, private nonprofit, and other organizations and agencies which have to do with any phase of fish and wildlife with respect to any problems that may arise in connection with such fish and wildlife. (Aug. 8, 1956, c. 1036, § 8, 70 Stat. 1123.) REPORTS ON ACTIVITIES AND IMPORTS SEC. 9. (a) The Secretary of the Interior shall make an annual report to the Congress with respect to activities of the United States Fish and Wildlife Service under this Act, and shall make such recommendations for additional legislation as he deems necessary. (b) The Secretary is authorized to make a report to the President and the Congress, and, when requested by the United States Tariff Commission in connection with section 7 of the Trade Agreements Extension Act of 1951, as amended (67 Stat. 72, 74), or when an investigation is made under the Tariff Act of 1930 (19 U.S.C. 1332), the Secretary is authorized to make a report to such Commission, concerning the following matters with respect to any fishery product which is imported into the United States, or such reports may be made upon a request from any segment of the domestic industry producing a like or directly competitive product (1) whether there has been a downward trend in the production, employment in the production, or prices, or a decline in the sales, of the like or directly competitive product by the domestic industry; and (2) whether there has been an increase in the imports of the fishery products into the United States, either actual or relative to the production of the like or directly competitive product produced by the domestic industry. (Aug. 8, 1956, c. 1036, § 9, 70 Stat. 1123.) THE RIGHTS OF STATES SEC. 10. Nothing in this Act shall be construed (1) to interfere in any manner with the rights of any State under the Submerged Lands Act (Public Law 31, Eighty-third Congress) or otherwise provided by law, or to supersede any regulatory authority over fisheries exercised by the States either individually or under interstate compacts; or (2) to interfere in any manner with the authority exercised by any International Commission established under any treaty or convention to which the United States is a party. (Aug. 8, 1956, c. 1036, § 10, 70 Stat. 1124.) HISTORICAL NOTE References in Text. The Submerged Lands Act, referred to in the text, is classified to chapter 29 of Title 43, Public Lands, U.S. Code. AUTHORIZATION FOR APPROPRIATIONS SEC. 11. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (Aug. 8, 1956, c. 1036 § 11, 70 Stat. 1124.) B. Fish and Wildlife Coordination Act Act of March 10, 1934 (48 Stat. 401), as amended (16 U.S.C. 661-666c) SHORT TITLE The Act of March 10, 1934, as amended, and as further amended by the Act of August 12, 1958, may be cited as the "Fish and Wildlife Coordination Act". (Aug. 12, 1958, § 1, 72 Stat. 563.) TABLE OF CONTENTS Sec. 1. Declaration of purpose; cooperation of agencies; surveys and investigations; and donations. Sec. 2. Impounding, diverting, or controlling of waters-consultations. Sec. 5. Investigations as to effects of polluting substances on fish and wildlife. Sec. 7. Penalties. Sec. 8. Definitions. Sec. 9. Applicability to Tennessee Valley Authority. DECLARATION OF PURPOSE; COOPERATION OF AGENCIES; SURVEYS AND INVESTIGATIONS; AND DONATIONS SECTION. 1. For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing public interest and significance thereof due to expansion of our national economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, rearing, and stocking of all species of wildlife, resources thereof, and their habitat, in controlling losses of the same from disease or other causes, in minimizing damages from overabundant species, in providing public shooting and fishing areas, including easements across public lands for access thereto, and in carrying out other measures necessary to effectuate the purposes of 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. (Mar. 10, 1934, c. 55, § 1, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, c. 965, 60 Stat. 1080; Aug. 12, 1958, Pub. L. 85-624, § 2, 72 Stat. 563.) HISTORICAL NOTE 1958 Amendment.-Pub. L. 85-624 amended section to insert 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-resource development programs, and which authorize the Secretary to provide public fishing areas, and to accept donations of lands and contributions of funds. 1946 Amendment.-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. Transfer of Functions.-All functions of all officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan. No. 3, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees, U.S. Code. All functions, appropriations, records, and property of the Secretary of the Interior and the Fish and Wildlife Service of the Department of the Interior which affect or relate to the breeding, raising, producing, marketing, or any other phase of the production or distribution of domestically raised furbearing animals, or the products thereof were transferred to the Secretary of Agriculture by section 434 of Title 7, Agriculture, U.S. Code. 1939 Reorg. Plan No. II, transferred the Bureau of Fisheries in the Department of Commerce, and its functions, to the Department of the Interior; transferred the functions of the Secretary of Commerce relating to the protection of fur seals and other fur-bearing animals to the Secretary of the Interior; and transferred the functions of the Secretary of Agriculture relating to the conservation of wildlife, game, and migratory birds to the Secretary of the Interior. 1939 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in note under section 133t of Title 5, Executive Departments and Government Officers and Employees, U.S. Code, consolidated the Bureau of Fisheries and the Bureau of Biological Survey with their respective functions into one agency in the Department of the Interior to be known as the Fish and Wildlife Service, and abolished the office of the Commissioner and Deputy Commissioner of Fisheries and transferred their functions to the consolidated agency. Appropriations.-Section 4 of Pub. L. 85-624, provided that: "There is authorized to be appropriated and expended such funds as may be necessary to carry out the purposes of this Act. IMPOUNDING, DIVERTING, OR CONTROLLING OF WATERS CONSULTATIONS SEC. 2. (a) 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. REPORTS AND RECOMMENDATIONS; CONSIDERATION (b) In furtherance of such purposes, the reports and recommendations of the Secretary of the Interior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife resources of the State, based on surveys and investigations conducted by the United States Fish and Wildlife Service and such State agency for the purpose of determining the possible damage to wildlife resources and for the purpose of determining means and measures that should be adopted to prevent the loss of or damage to such wildlife resources, as well as to provide concurrently for the development and improvement of such resources, shall be made an integral part of any report prepared or submitted by any agency of the Federal Government responsible for engineering surveys and construction of such projects when such reports are presented to the Congress or to any agency or person having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development projects or (2) to approve a report on the modification or supplementation of plans for previously authorized projects, to which this Act applies. Recommendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife conservation and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to wildlife attributable to the project and the measures proposed for mitigating or compensating for these damages. The reporting officers in project reports of the Federal agencies shall give full consideration to the report and recommendations of the Secretary of the Interior and to any report of the State agency on the wildlife aspects of such projects, and the project plan shall include such justifiable means and measures for wildlife purposes as the reporting agency finds should be adopted to obtain maximum overall project benefits. MODIFICATION OF PROJECTS; ACQUISITION OF LANDS (c) Federal agencies authorized to construct or operate watercontrol 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 3 of this Act, 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. PROJECT COSTS; ALLOCATION (d) 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 those necessary for (1) land acquisition, (2) modification of the project, and (3) modification of project operations; but shall not include the operation of wildlife facilities nor the construction of such facilities beyond those herein described: And provided further, That, in the case of projects authorized to be constructed, operated, and maintained in accordance with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto), the Secretary of the Interior, in addition to allocations made under section 9 of the Reclamation Project Act of 1939 (53 Stat. 1187), shall make findings on the part of the estimated cost of the project which can properly be allocated to means and measures to prevent loss of and damage to wildlife resources, which costs shall not be reimbursable, and an appropriate share of the project costs may be allocated to development and improvement of wildlife resources, with a finding as to the part of such allocated costs, if any, to be reimbursed by non-Federal fish and wildlife agencies or interests. TRANSFER OF FUNDS (e) 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. ESTIMATION OF WILDLIFE BENEFITS OR LOSSES (f) In addition to other requirements, there shall be included in any report submitted to Congress supporting a recommendation for |