---
kind: "section"
citation: "16 U.S.C. § 663"
title: "16"
title_heading: "Conservation"
number: "663"
heading: "Impoundment or diversion of waters"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/663"
units:
  - "Chapter 5A — Protection and Conservation of Wildlife"
  - "Subchapter I — Game, Fur-Bearing Animals, and Fish"
---

# §663. Impoundment or diversion of waters

- (a) **Conservation, maintenance, and management of wildlife resources; development and improvement—** Subject to the exceptions prescribed in [section 662(h) of this title](/usc/16/662.md?p=h), 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](/usc/16/668ee.md?p=13), 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](/usc/16/539m–1.md?p=1-A) of land, water, or interests therein, acquired or administered by a Federal agency in connection therewith, for the [conservation](/usc/16/668ee.md?p=4), maintenance, and [management](/usc/16/668ee.md?p=4) of [wildlife](/usc/16/668ee.md?p=7) resources thereof, and its habitat thereon, including the development and improvement of such [wildlife](/usc/16/668ee.md?p=7) resources pursuant to the provisions of [section 662 of this title](/usc/16/662.md).
- (b) **Use and availability of waters, land, or interests therein—** The use of such waters, land, or interests therein for [wildlife](/usc/16/668ee.md?p=7) [conservation](/usc/16/668ee.md?p=4) 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](/usc/16/668ee.md?p=12) of the Interior, and (3) by the head of the agency exercising the administration of the [wildlife](/usc/16/668ee.md?p=7) resources of the particular [State](/usc/16/668ee.md?p=13) wherein the waters and [areas](/usc/16/539m–1.md?p=1-A) lie. Such waters and other interests shall be made available, without cost for administration, by such [State](/usc/16/668ee.md?p=13) agency, if the [management](/usc/16/668ee.md?p=4) of the properties relate to the [conservation](/usc/16/668ee.md?p=4) of [wildlife](/usc/16/668ee.md?p=7) other than migratory birds, or by the [Secretary](/usc/16/668ee.md?p=12) 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](/usc/16/668ee.md?p=4) program: Provided, That nothing in this section shall be construed as affecting the authority of the [Secretary](/usc/16/668ee.md?p=12) of Agriculture to cooperate with the [States](/usc/16/544.md?p=r) or in making lands available to the [States](/usc/16/544.md?p=r) with respect to the [management](/usc/16/668ee.md?p=4) of [wildlife](/usc/16/668ee.md?p=7) and [wildlife](/usc/16/668ee.md?p=7) habitat on lands administered by him.
- (c) **Acquisition of land, waters, and interests therein; report to Congress—** When consistent with the purposes of this Act and the reports and findings of the [Secretary](/usc/16/668ee.md?p=12) of the Interior prepared in accordance with [section 662 of this title](/usc/16/662.md), land, waters, and interests therein may be acquired by Federal construction agencies for the [wildlife](/usc/16/668ee.md?p=7) [conservation](/usc/16/668ee.md?p=4) and development purposes of this Act in connection with a [project](/usc/16/410r–5.md?p=c-4) as reasonably needed to [preserve](/usc/16/698u–1.md?p=2) and assure for the public benefit the [wildlife](/usc/16/668ee.md?p=7) potentials of the particular [project](/usc/16/410r–5.md?p=c-4) [area](/usc/16/539m–1.md?p=1-A): Provided, That before properties are acquired for this purpose, the probable extent of such [acquisition](/usc/16/620e.md?p=1) shall be set forth, along with other data necessary for [project](/usc/16/410r–5.md?p=c-4) authorization, in a report submitted to the Congress, or in the case of a [project](/usc/16/410r–5.md?p=c-4) previously authorized, no such properties shall be acquired unless specifically authorized by Congress, if specific authority for such [acquisition](/usc/16/620e.md?p=1) 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](/usc/16/620e.md?p=1).
- (e) **Availability of Federal lands acquired or withdrawn for Federal water-resource purposes—** [Federal lands](/usc/16/620e.md?p=2) acquired or withdrawn for Federal water-resource purposes and made available to the [States](/usc/16/544.md?p=r) or to the [Secretary](/usc/16/668ee.md?p=12) of the Interior for [wildlife](/usc/16/668ee.md?p=7) [management](/usc/16/668ee.md?p=4) purposes, shall be made available for such purposes in accordance with this Act, notwithstanding other provisions of law.
- (f) **National forest lands—** Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of a national forest shall, upon [acquisition](/usc/16/620e.md?p=1), be added to and become national [forest lands](/usc/16/544.md?p=f), 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](/usc/16/668ee.md?p=4) Program.

## Source credit

(Mar. 10, 1934, ch. 55, § 3, 48 Stat. 401; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, ch. 965, 60 Stat. 1081; Pub. L. 85–624, § 2, Aug. 12, 1958, 72 Stat. 566.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (c) and (e), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, known as the Fish and Wildlife Coordination Act, which is classified generally to sections 661 to 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.

Act of March 1, 1911, referred to in subsec. (f), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

### 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.

### Executive Documents

### Transfer of Functions

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