* Act of March 10, 1934 (P.L. 73-121, Ch. 55, 48 Stat. 401, as amended; 16 U.S.C. 661, 662(a), 662(h), 663(c), 663(f))

Water Resource Development Programs

Sec. 1. For the purpose of recog-nizing 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 autho-rized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organiza-tions 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 there-to, and in carrying out other mea-sures necessary to effectuate the purposes of this Act; (2) to make surveys and investigations of the wildlife of the public domain, in-cluding 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 fur-therance of the purposes of this Act. (16U.S.C. 661)

Consultation

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 im-pounded, diverted, the channel deep-ened, or the stream or other body of water otherwise controlled or modi-fied for any purpose whatever, in-cluding 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 agen-cy 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, diver-sion, 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 improve-ment thereof in connection with such water-resource development. (16 U.S.C. 662(a))

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(h) The provisions of this Act 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 agen-cies with respect to Federal lands under their jurisdiction. (16 U.S.C. 662 (h))

Land and Water Acquisition

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Sec. 3. (c) When consistent with the purposes of this Act and the reports and findings of the Secretary of the Interior prepared in accor-dance with section 2 of this Act, land, waters, and interests therein may be acquired by Federal con-struction agencies for the wildlife conservation and development pur-poses of this Act 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 neces-sary 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. (16U.S.C. 663(c))

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(f) Any lands acquired pursuant to this section by any Federal agency within the exterior boundaries of the 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. (16 U.S.C. 663(f))