Legislative History

First enacted in 1934  Enacted due to concerns over the loss of commercial and sport fisheries from water resource developments  Sought to ensure that federal reservoirs provided opportunity for federal fish hatcheries and resting places for migratory waterfowl. Amended in 1946  Principal emphasis was on mitigation of fish and wildlife resources losses.  Office of River Basin Studies (future ES) to implement the Act. Legislative History

Major Amendment: August 12, 1958  Present Fish and Wildlife Coordination Act  Given its current name in these amendments Legislative History

Section 1 - Purpose and Intent  Recognizes  Recognizes the vital importance of wildlife resources in relation to water resource development programs in the U.S.;  Ensures  Ensures that wildlife conservation receives equal consideration consideration in federal decisions affecting water bodies; FWCA OVERVIEW

Section 1 - Purpose and Intent (continued)  Establishes fish and wildlife conservation as a coequal purpose or objective of water resource development proposals;  Imposes upon the DOI responsibility to assist and cooperate with other agencies in the planning of projects; FWCA OVERVIEW

Section 2(a) - Consultation  Requires that the federal agency first shall consult with the FWS and state conservation agency;  Applies to federal agencies constructing the project and federal agencies issuing licenses and permits for projects; FWCA OVERVIEW

Section 2 - Activities covered by FWCA  Discharge of pollutants: NPDES (EPA), Section 404 Permits (Corps)  Construction and operation of dams, levees, water diversion: Water resource development projects (Corps, BR, FERC)  Construction and operation of navigation features: Corps navigation projects, Coast Guard permits, Corps Section 10 permits  Other actions dependent upon or resulting in the diversion, control or modification of a stream or other body of water (includes wetlands): highways, pipelines, coal mines FWCA OVERVIEW

Section 2(b) - Reports and Considerations  Action agencies are required to give full consideration to the reports and recommendations of the FWS and State;  FWS reports shall be integrated into any report seeking authorization for the action; FWCA OVERVIEW

Section 2(b) - Reports and Considerations  FWS recommendations shall: - be as specific as practicable  - address wildlife conservation  - describe action’s impact on wildlife  - include means to mitigate these impacts. FWCA OVERVIEW

Section 2(b) - Reports and Considerations  Agencies shall incorporate into the project plan such justifiable measures for wildlife purposes to obtain maximum overall project benefits;  Final mitigation measures are decided by action agency FWCA OVERVIEW

Section 2(c)- 2(h)  (c)Action agencies are authorized to add to the structures and operations of projects and to acquire lands for conservation measures;  (d) Fish and wildlife costs to carry out conservation measures are to be considered projects costs; FWCA OVERVIEW

Section 2(c) - 2(h) (continued)  (e) Authorizes but does not require federal agencies to transfer funds to FWS for wildlife resource study purposes;  (f) Requires that any report submitted to Congress in support of project shall include benefit-cost analyses of wildlife aspects; FWCA OVERVIEW

Sections 2(c) - 2(h) (continued) (g) Provides that the Act applies to all water development projects except those authorized before enactment of the FWCA; (h) Exempts from FWCA surface water impoundments less than 10 acres and federal land management activities; FWCA OVERVIEW

Sections 3(a) - 3(f)  (a) Provides for the use of project lands for fish and wildlife conservation purposes;  (b) Provides that such lands and waters are to be made available, without cost for administration, to the State wildlife agency and to the Secretary of the Interior; FWCA OVERVIEW

Sections 3(a) - 3(f) (continued)  (c) Provides federal agencies the authority to acquire land and water for wildlife conservation;  (d)&(e) Requires that properties acquired or withdrawn for wildlife conservation shall continue to be used for such purposes; FWCA OVERVIEW

Sections 3(a) - 3(f) (continued)  (f) Provides that any lands acquired for wildlife purposes within the exterior boundaries of a national forest shall be added to national forest lands unless acquired for migratory bird purposes; FWCA OVERVIEW

Section 4 - Administration of Lands  Lands may be made available to the Department of the Interior to manage for migratory birds - donation under Section 1 - via general plans under Section 3 - via general plans under Section 3 FWCA OVERVIEW

Section 4 - (continued)  DOI may: - manage lands directly - transfer lands to State to manage under cooperative agreement  Lands may be transferred directly to State under general plans; FWCA OVERVIEW