---
kind: "section"
citation: "16 U.S.C. § 662"
title: "16"
title_heading: "Conservation"
number: "662"
heading: "Impounding, diverting, or controlling of waters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/662"
units:
  - "Chapter 5A — Protection and Conservation of Wildlife"
  - "Subchapter I — Game, Fur-Bearing Animals, and Fish"
---

# §662. Impounding, diverting, or controlling of waters

- (a) **Consultations between agencies—** Except as hereafter stated in [subsection (h)](#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](/usc/16/668ee.md?p=13), or by any public or private agency under Federal permit or license, such department or agency first shall consult with the [United States](/usc/16/668ee.md?p=13) [Fish and Wildlife](/usc/16/668ee.md?p=7) Service, Department of the Interior, and with the head of the agency exercising administration over the [wildlife](/usc/16/668ee.md?p=7) resources of the particular [State](/usc/16/668ee.md?p=13) wherein the impoundment, diversion, or other control facility is to be constructed, with a view to the [conservation](/usc/16/668ee.md?p=4) of [wildlife](/usc/16/668ee.md?p=7) 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](/usc/16/668ee.md?p=12) of the Interior on the [wildlife](/usc/16/668ee.md?p=7) aspects of such [projects](/usc/16/410r–5.md?p=c-4), and any report of the head of the [State](/usc/16/668ee.md?p=13) agency exercising administration over the [wildlife](/usc/16/668ee.md?p=7) resources of the [State](/usc/16/668ee.md?p=13), based on surveys and investigations conducted by the [United States](/usc/16/668ee.md?p=13) [Fish and Wildlife](/usc/16/668ee.md?p=7) Service and such [State](/usc/16/668ee.md?p=13) agency for the purpose of determining the possible damage to [wildlife](/usc/16/668ee.md?p=7) resources and for the purpose of determining means and measures that should be adopted to prevent the loss of or damage to such [wildlife](/usc/16/668ee.md?p=7) 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](/usc/16/410r–5.md?p=c-4) when such reports are presented to the Congress or to any agency or [person](/usc/16/668ee.md?p=8) having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of water-resource development [projects](/usc/16/410r–5.md?p=c-4) or (2) to approve a report on the modification or supplementation of plans for previously authorized [projects](/usc/16/410r–5.md?p=c-4), to which this Act applies. Recommendations of the [Secretary](/usc/16/668ee.md?p=12) of the Interior shall be as specific as is practicable with respect to features recommended for [wildlife](/usc/16/668ee.md?p=7) [conservation](/usc/16/668ee.md?p=4) and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to [wildlife](/usc/16/668ee.md?p=7) attributable to the [project](/usc/16/410r–5.md?p=c-4) and the measures proposed for mitigating or compensating for these damages. The reporting officers in [project](/usc/16/410r–5.md?p=c-4) reports of the Federal agencies shall give full consideration to the report and recommendations of the [Secretary](/usc/16/668ee.md?p=12) of the Interior and to any report of the [State](/usc/16/668ee.md?p=13) agency on the [wildlife](/usc/16/668ee.md?p=7) aspects of such [projects](/usc/16/410r–5.md?p=c-4), and the [project](/usc/16/410r–5.md?p=c-4) plan shall include such justifiable means and measures for [wildlife](/usc/16/668ee.md?p=7) purposes as the reporting agency finds should be adopted to obtain maximum overall [project](/usc/16/410r–5.md?p=c-4) benefits.
- (c) **Modification of projects; acquisition of lands—** Federal agencies authorized to construct or operate water-control [projects](/usc/16/410r–5.md?p=c-4) are authorized to modify or add to the structures and operations of such [projects](/usc/16/410r–5.md?p=c-4), the construction of which has not been substantially completed on the date of enactment of the [Fish and Wildlife](/usc/16/668ee.md?p=7) Coordination Act, and to [acquire](/usc/16/620e.md?p=1) lands in accordance with [section 663 of this title](/usc/16/663.md), in order to accommodate the means and measures for such [conservation](/usc/16/668ee.md?p=4) of [wildlife](/usc/16/668ee.md?p=7) resources as an integral part of such [projects](/usc/16/410r–5.md?p=c-4): Provided, That for [projects](/usc/16/410r–5.md?p=c-4) authorized by a specific Act of Congress before the date of enactment of the [Fish and Wildlife](/usc/16/668ee.md?p=7) Coordination Act (1) such modification or land [acquisition](/usc/16/620e.md?p=1) shall be compatible with the purposes for which the [project](/usc/16/410r–5.md?p=c-4) was authorized; (2) the cost of such modifications or land [acquisition](/usc/16/620e.md?p=1), as means and measures to prevent loss of and damage to [wildlife](/usc/16/668ee.md?p=7) resources to the extent justifiable, shall be an integral part of the cost of such [projects](/usc/16/410r–5.md?p=c-4); and (3) the cost of such modifications or land [acquisition](/usc/16/620e.md?p=1) for the development or improvement of [wildlife](/usc/16/668ee.md?p=7) resources may be included to the extent justifiable, and an appropriate share of the cost of any [project](/usc/16/410r–5.md?p=c-4) 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](/usc/16/668ee.md?p=4) purposes of this section shall constitute an integral part of the cost of such [projects](/usc/16/410r–5.md?p=c-4): Provided, That such cost attributable to the development and improvement of [wildlife](/usc/16/668ee.md?p=7) shall not extend beyond that necessary for (1) land [acquisition](/usc/16/620e.md?p=1), (2) facilities as specifically recommended in water resource [project](/usc/16/410r–5.md?p=c-4) reports, (3) modification of the [project](/usc/16/410r–5.md?p=c-4), and (4) modification of [project](/usc/16/410r–5.md?p=c-4) operations, but shall not include the operation of [wildlife](/usc/16/668ee.md?p=7) facilities.
- (e) **Transfer of funds—** In the case of construction by a Federal agency, that agency is authorized to transfer to the [United States](/usc/16/668ee.md?p=13) [Fish and Wildlife](/usc/16/668ee.md?p=7) 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](/usc/16/410r–5.md?p=c-2) to other requirements, there shall be included in any report submitted to Congress supporting a recommendation for authorization of any new [project](/usc/16/410r–5.md?p=c-4) for the control or use of water as described herein (including any new division of such [project](/usc/16/410r–5.md?p=c-4) or new supplemental works on such [project](/usc/16/410r–5.md?p=c-4)) an estimation of the [wildlife](/usc/16/668ee.md?p=7) benefits or losses to be derived therefrom including benefits to be derived from measures recommended specifically for the development and improvement of [wildlife](/usc/16/668ee.md?p=7) resources, the cost of providing [wildlife](/usc/16/668ee.md?p=7) benefits (including the cost of additional facilities to be installed or lands to be acquired specifically for that particular phase of [wildlife](/usc/16/668ee.md?p=7) [conservation](/usc/16/668ee.md?p=4) relating to the development and improvement of [wildlife](/usc/16/668ee.md?p=7)), the part of the cost of joint-use facilities allocated to [wildlife](/usc/16/668ee.md?p=7), 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](/usc/16/410r–5.md?p=c-4) for the control or use of water as prescribed herein, or any [unit](/usc/16/430f–7.md?p=4) of such [project](/usc/16/410r–5.md?p=c-4) authorized before or after the date of enactment of the [Fish and Wildlife](/usc/16/668ee.md?p=7) Coordination Act for planning or construction, but shall not be applicable to any [project](/usc/16/410r–5.md?p=c-4) or [unit](/usc/16/430f–7.md?p=4) thereof authorized before the date of enactment of the [Fish and Wildlife](/usc/16/668ee.md?p=7) Coordination Act if the construction of the particular [project](/usc/16/410r–5.md?p=c-4) or [unit](/usc/16/430f–7.md?p=4) thereof has been substantially completed. A [project](/usc/16/410r–5.md?p=c-4) or [unit](/usc/16/430f–7.md?p=4) thereof shall be considered to be substantially completed when sixty percent or more of the estimated construction cost has been obligated for expenditure.
- (h) **Exempt projects and activities—** The provisions of this Act shall not be applicable to those [projects](/usc/16/410r–5.md?p=c-4) for the impoundment of water where the maximum surface [area](/usc/16/539m–1.md?p=1-A) of such impoundments is less than ten acres, nor to activities for or in connection with programs primarily for land [management](/usc/16/668ee.md?p=4) and use carried out by Federal agencies with respect to [Federal lands](/usc/16/620e.md?p=2) under their jurisdiction.

## Source credit

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

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (b) and (h), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

The date of enactment of the Fish and Wildlife Coordination Act, referred to in subsecs. (c) and (g), probably refers to the date of enactment of Pub. L. 85–624, which was approved Aug. 12, 1958, and which amended sections 1 to 4 of the Act generally and enacted the Short Title. See Short Title note set out under section 661 of this title.

### 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.

### Executive Documents

### Transfer of Functions

See Transfer of Functions note set out under section 661 of this title.