Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service
Bureau of Reclamation Projects
Bureau of Reclamation Projects: a variety of specific and omnibus authorizing statutes provide
for fish and wildlife conservation at water resources projects of the Bureau of Reclamation,
Department of the Interior, and the Corps of Engineers, Department of the Army.
General authority for conservation measures to be considered in planning reclamation
projects is contained in statutes such as the Fish and Wildlife Coordination Act (16
U.S.C. 661-666c, 48 Stat. 401), as amended, and the Small Reclamation Projects Act of 1956 (43
U.S.C. 422a-422k, 70 Stat. 1044), as amended. Projects which include specifically authorized
conservation measures include, but are not limited to the following:
- Arbuckle Project, Oklahoma (43
U.S.C. 616(a), 76 Stat. 395) -- Public Law 87-594,
approved August 24, 1962.
- Baker Project, Oregon (43
U.S.C. 616(v), 76 Stat. 634) -- Public Law 87-706, approved
September 24, 1962.
- Belle Fourche Irrigation Project, South Dakota (43
U.S.C. 391, 97 Stat. 989) Public Law
98-157, approved November 17, 1983, reauthorizes the Belle Fourche Irrigation
Project as a unit of the Pick-Sloan Missouri Basin Program. Authorizes
the Secretary to amend existing contracts and enter into additional contracts,
modifies the general plan and permits costs incurred to be covered by the
Bureau of Reclamation.
- Canadian River Project, Texas (43
U.S.C. 600d, 78 Stat. 744) -- Public Law 88-536,
approved August 31, 1964.
- Central Platte Valley Feasibility Study, Nebraska, (97 Stat. 312) -- Public
Law 98-63, approved July 30, 1983. Authorized the Secretary of Interior to
engage in a feasibility study for the Prairie Bend Unit, Pick-Sloan Missouri
River Basin program, for water resources development, fish and wildlife habitat
management, public outdoor recreation, flood control, and other appropriate
purposes, including a detailed report on effects the proposed project may
have on the wildlife habitat of the sandhill crane and the whooping crane.
- Central Valley Project, California (50 Stat. 844), as amended (See entry
for the Central Valley Project, California, Reauthorization Act of August
- Auburn-Folsum South Unit, California (43
U.S.C. 616ccc; 79 Stat. 616.--Public Law
89-161, approved September 2, 1965.
- Trinity River Division, California
(69 Stat. 719) Section 2 of the Act of August 12, 1955.
- Chief Joseph Dam Project.
- Oroville-Tonasket Unit, Washington (76 Stat.
761) section 3 of the Act of October 9, 1962.
- Whitestone Coulee Unit,
U.S.C. 616uu, 616vv-1-616-3; 78 Stat. 704), as
amended--Public Law 88-599, approved September 18, 1964; Public
Law 89-577, approved September 7, 1966.
- Cibolo Project, Texas (43
U.S.C. 600f-2(d), 600-f-3; 88 Stat. 1491-1492) -- Public Law
93-493, approved October 27, 1974.
- Colorado River Basin Project (43
U.S.C. 616aa-l et seq.; 82 Stat. 886), as amended -- See
entry for Colorado River Basin Project Act.
- Colorado River Storage Project
U.S.C. 620 et seq., 70 Stat. 105), as amended -- See
entry for Colorado River Storage Project Act.
- Columbia Basin Project (16
U.S.C. 835 et seq., 57 Stat. 14), as amended -- See entry for Columbia Basin Project
Act; see also Mitchell Act.
- Crooket River Project, Oregon (43
U.S.C. 615i, 70 Stat. 1059) -- Act of August 6,
- Dalles Project, Oregon (43
U.S.C. 615w(d), 74 Stat. 882) -- Public Law 88-745, approved
September 13, 1960.
- Dixie Project, Utah (43
U.S.C. 616ff, 78 Stat. 849) -- Public Law 88-565, approved
September 2, 1964.
- Energy and Water Development Appropriations (98 Stat.
403, Public Law 98-360, approved as amended, July 16, 1984) made available
$4.8 million to expedite construction of fish passage facilities at two Reclamation
dams in the Yakima Basin.
- Falls of the Ohio Wildlife Conservation Areas --
Public Law 97-137, approved December 29, 1981, (95 Stat. 1710) directed the
Secretary of Interior to establish the Falls of the Ohio Wildlife Conservation
Area in the Ohio River in Kentucky and Indiana, primarily to preserve fossilized
coral beds. The area is to be managed and acquired by the Army Corps of Engineers.
$300,000 was authorized.
- Fruitland Mesa Project, Colorado (43
U.S.C. 616ii, 616kk, 78 Stat. 852) Public Law
88-568, approved September 2, 1964.
- Fryingpan-Arkansas Project, Colorado (43
U.S.C. 616c, 76 Stat. 391) Public Law 87-590,
approved August 16, 1962. Public Law 95-586 of November 3,
1978, (92 Stat. 2493) clarifies that this project, a component of the Colorado
River Storage Project, must be operated in accordance with Colorado State
minimum streamflow laws.
- Garrison Diversion Reformulation Act of 1986 (100
Stat. 418) -- Public Law 99-294, approved May 12, 1986, authorizes construction
of the Garrison Unit, North Dakota, in conformance with the recommendations
of the 1984 Garrison Diversion Unit Commission Final Report. It amends the
1944 and 1965 authorizations (P.L. 89-108, 79 Stat. 433) by scaling down
the amount of land to be irrigated and incorporating provisions to mitigate
- Hoover Power Plant Act of 1984 (Yakima Fishery Enhancement)
-- Public Law 98-381 approved August 17, 1984, (98 Stat.1333) authorizes
the Secretary of the Interior to design, construct, operate and maintain
fish passage facilities within the Yakima River Basin, and authorizes the
Secretary to accept funds from any entity, public or private, for such purposes.
Public Law 98-396, approved August 22, 1984, (98 Stat. 1369) authorizes the Secretary of
the Interior to accept title to and operate and maintain any reregulating dam or fish passage
facility without compensation. Provides that anadromous fish operations and management costs
that are in excess of present obligations shall be nonreimbursable and nonreturnable. Authorizes
credit to the Yakima Indian Nation for construction for the Yakima Enhancement Project.
- Klamath Project, Oregon-California (43
U.S.C. 601-612, 33 Stat. 714) Act
of February 9, 1905. See Tule Lake-Klamath Refuges under entry for National
Wildlife Refuge Acts.
- Klamath and Trinity River Basin Fisheries -- Public Law 99-552, approved
October 27, 1986, established the Klamath Fishery Management Council and
authorizes appropriations of $21 million through FY 2006 for the design,
construction and implementation of the program.
- Little Wood River Project, Idaho (43
U.S.C. 615m, 70 Stat. 1059) Act of August 6,
- Mann Creek Project, Idaho (43
U.S.C. 616i, 76 Stat. 389) Public Law 87-589, approved
August 16, 1962.
- Missouri River Basin Project, Nebraska, Kansas, Montana, Wyoming, North
Dakota, South Dakota (58 Stat. 887), as amended and supplemented -- Flood
Control Act of December 22, 1944.
- Garrison Diversion Unit, North and South
Dakota (79 Stat. 433), as amended, Public Law 89-108, approved August 5,
1965, made certain provisions in connection with the construction of the
Garrison Diversion Unit, Missouri River Basin Project, by the Secretary of
the Interior, including authorization to construct, operate and maintain
public outdoor recreation and fish and wildlife enhancement facilities. The
Act gives the Secretary broad authority to acquire lands needed for fish
and wildlife enhancement or loss mitigation in conjunction with the project.
- North Loup Division, Pick-Sloan Missouri Basin Program, Nebraska (43
Stat. 970) Public Law 92- 514, approved October 20, 1972, (Reclamation Project
Authorization Act of 1972) reauthorized the project originally authorized
by section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 891).
- Oahe Unit, South Dakota (43
U.S.C. 616uuu, 82 Stat. 624) -- Public Law 90-543,
approved August 3, 1968.
- O'Neill Unit, Pick-Sloan Missouri Basin Program,
U.S.C. 615yyy, 86 Stat.
969) Public Law 92- 514, approved October 20, 1972, (Reclamation Project
Authorization Act of 1972) reauthorized the project originally authorized
by the Act of August 21, 1954 (86 Stat. 757).
- Mountain Park Project, Oklahoma
U.S.C. 616eeee, 82 Stat. 854) Public Law 90-503,
approved September 21, 1968.
- Nueces River Project, Texas (43
U.S.C. 600g-2(d), 600g-3; 88 Stat. 1496, 1497) -- Public Law 93-493, approved October 27,
- Palmetto Bend Project, Texas (43
U.S.C. 616iiii-jjjj; 82 Stat. 999, 1000) Public Law
90-562, approved October 12, 1968.
- Pecos River Basin Act, New Mexico-Texas
(72 Stat. 17) -- Public Law 85-333, approved February 20, 1958; Public Law
88-594, approved September 12, 1964 (78 Stat. 942)
- Brantley Project, Pecos
River Basin, New Mexico (43
U.S.C. 615kkk, 615mmm; 86 Stat.
966, 967) -- Public Law 92-72), approved October 20, 1972.
- Rogue River Basin
Project, Merlin Division, Oregon (43
U.S.C. 616oooo, 84 Stat. 273)
Public Law 91-270, approved May 28, 1970.
- San Luis Valley Project, Closed
Basin Division, Colorado (43
U.S.C. 615aaa, 615ddd,
615fff; 86 Stat. 964, 965, 966) -- Public Law 92-514, approved October 20,
1972, directed establishment of the Mishak National Wildlife Refuge and
supply of water for operation of that refuge and the Alamosa National Wildlife
- Savery-Pot Hook Project, Colorado-Wyoming (43
U.S.C. 616ii, 616kk; 78 Stat. 852)
Public Law 88-568, approved September 2, 1964.
- Southern Nevada Project, Nevada
U.S.C. 616hhh, 79 Stat. 1068) -- Public Law 89-292,
approved October 22, 1965. Public Law 95-465, signed October 17, 1978, (92
Stat. 1291) provides for the completion of any feature of the Southern
Nevada Project for which a final Environmental Impact Statement has been
filed, regardless whether and EIS has been filed for the project as a whole.
Project, Oregon (43
U.S.C. 616ppp, 80 Stat. 822) Public Law 89-596, approved
September 20, 1966.
- Upper Snake River Project, Salmon River Division, Idaho
U.S.C. 615ppp, 615sss; 86 Stat. 967, 968) Public Law 92-154 (Reclamation
Project Authorization Act of 1972), approved October 20, 1972.
- Walla Walla
Project, Touchet Division, Oregon-Washington (43
U.S.C. 616vvv, 616yyyy; 84 Stat. 409, 410) Public Law 94-175, approved
December 23, 1975, (89 Stat. 1030) the Bureau of Reclamation required to
budget for enhancement, not the Service.
- Washoe Project, Nevada-California
U.S.C. 614c, 70
Stat. 777) Act of August 1, 1956.
Bureau of Reclamation projects and studies were again authorized and amended via the
Reclamation Projects Authorization and Adjustment Act of 1992 (106 Stat. 4600; P.L. 102-575).
Studies and projects which require conservation measures or are interest to Service include:
- Title I- Buffalo Bill Dam and Reservoir, Wyoming; authorizes funding for the construction
of recreational facilities and establishes a cost share split between the United States and the State
of Wyoming pursuant to the Federal Water Project Recreation Act.
- Title II- Central Utah Project Construction
- Bonneville Unit Water Development: authorizes that use of appropriated funds
for compliance measures pursuant to a biological opinion rendered under the Endangered
- Uinta Basin Replacement Project: authorizes that use of appropriated funds for
compliance measures pursuant to a biological opinion rendered under the Endangered
Species Act; directs the Secretary of the Interior to establish a conservation pool of water
in a project reservoir for fishery and recreational uses.
- Title III- Fish, Wildlife, and Recreation Mitigation and Conservation;
provides for the establishment of the Utah Reclamation Mitigation and Conservation
Commission, whose purpose is to coordinate the implementation of the mitigation
and conservation provisions of this Act among the Federal and State fish,
wildlife, and recreation agencies. Projects and actions which are authorized
to be carried out under this title include: acquisition of stream flows;
improvement of wildlife lands; wetlands acquisition, rehabilitation and enhancement;
fisheries acquisition, rehabilitation and enhancement; riparian habitat rehabilitation;
and mitigation improvement, including fish hatchery operations.
- Title IV- Utah Reclamation Mitigation and Conservation Account; establishes
the Utah Reclamation Mitigation and Conservation Account within the Treasury
of the United States for the purposes of ensuring environmental protection,
mitigation, and enhancement associated with projects associated with the
Colorado River Storage Project in the State of Utah. Expenditures, made by
the Utah Reclamation Mitigation and Conservation Commission, may also be
directed toward management and maintenance of fish and wildlife resources,
as well as associated recreational activities.
- Title VI- Endangered Species Act and National Environmental Policy Act;
savings clause stating that no provisions of Titles II through IV of this
Act should be interpreted as amending or modifying the provisions of the
Endangered Species Act or the National Environmental Policy Act.
- Title VII-
Leadville Mine Drainage Tunnel, Colorado; authorizes the Secretary of the
Interior to formulate and implement a plan for the restoration of fish and
wildlife resources on those portions of the Arkansas River impacted by the
Leadville Mine Drainage Tunnel; directs the Secretary of the Interior to
complete investigative studies of water pollution sources and impacts attributed
to mining-related development in the Upper Arkansas River basin, and to develop
and implement corrective action demonstration projects.
- Title IX- Cedar Bluff
Unit, Kansas; authorizes the Secretary of the Interior to reallocate portions
of the conservation pool on the Cedar Bluff Reservoir to create an operating
pool for fish, wildlife, and recreational purposes and a joint-use pool for
flood control, water sales, fish, wildlife, and recreation purposes.
XI- Salton Sea Research Project, California; directs the Secretary of the
Interior to conduct research to develop methods to reduce and control salinity,
provide endangered species habitat, enhance fisheries, and protect human
recreational values in inland water bodies.
- Title XIV- Vermejo Project Relief,
New Mexico; transfers ownership of referenced water project to the Vermejo
Conservancy District, however reserves the right of the Secretary of the
Interior, through the U.S. Fish and Wildlife Service, to manage certain lakes
associated with the development for the purposes of refuge management.
XV- San Luis Valley Protection, Colorado; bars any action which would lead
or assist in the withdrawal of water from the San Luis Valley, Colorado,
for export to another watershed or another State unless the Secretary of
the Interior finds that the project will, among other things, not adversely
affect the purposes of any national wildlife refuge or Federal wildlife habitat
area located within the San Luis Valley.
- Title XVI- Reclamation Wastewater
and Groundwater Studies; directs the Secretary of the Interior to conduct
studies related to several reclamation projects.
- Title XIX- Mid-Dakota Rural
Water System; calls for mitigation of fish and wildlife losses incurred as
a result of the construction and operation of the water system. Mitigation
on an acre for acre basis, based on ecological equivalency, is to occur concurrent
with project construction.
- Title XX- Lake Andes-Wagner/Marty II, South Dakota;
directs the Secretary of the Interior to carry out a demonstration program
in accordance with the "Lake
Andes-Wagner-Marty II Demonstration Program Plan of Study. The Fish and Wildlife
Service is one member of an interagency oversight committee for the program.
One aspect of the program to be studied is the potential for development
and enhancement of wetlands and fish and wildlife within the area of the
planned development. Compliance with NEPA requirements is mandated.
XXIII- Platoro Reservoir and Dam, San Luis Valley Project, Colorado; specifies
that the Platoro Dam and Reservoir must be operated in a manner to preserve
fish, wildlife, and recreational uses above and below the dam.
- Title XXVII-
Reclamation Recreation Management Act; orders the Secretary of the Interior,
acting through the Commissioner of Reclamation, to provide for recreational
opportunities, including fish and wildlife enhancements, on Bureau of Reclamation
- Title XXX- Western Water Policy Review; directs the President
to undertake a comprehensive review of Federal activities in the nineteen
Western states which directly or indirectly affect the allocation and use
of water resources, and to submit a report of findings with recommendations.
The Secretary of the Department of the Interior, or his/her designee sit
on an Advisory Committee established by this title.
- Title XXXII- South Dakota
Preservation and Restoration Trust; directs the Secretary of the Interior
to make an annual federal contribution to the South Dakota Biological Diversity
Trust and the Wetland Habitat Restoration Program. Program expenditures are
to be used for the protection and enhancement of ecosystems and wetlands
in the State of South Dakota, including acquisition from willing sellers.
XXXIV- Central Valley Project Improvement Act
- Section 3405 Water Transfers; establishes conditions and requirements under
which water transfers from the project may occur, including the protection and preservation of
fish and wildlife.
- Section 3406 Fish,Wildlife and Habitat Restoration; allows the authorization
of project monies for fish and wildlife habitat mitigation, preservation, and restoration and for
enhancement of fish and wildlife. Also, stipulates that mitigation of fish and wildlife losses as a
result of Central Valley Project operations and construction shall be based on the replacement
with ecologically equivalent habitat. Operations are to be consistent with all relevant Federal and
state law, including, but not limited to, the Endangered Species Act. Restoration activities
include: development of a program to protect, restore and enhance natural production of
anadromous fish species; provision of water flows which are adequate to sustain and protect fish,
wildlife and their habitats; completion of fishery impact studies.
- Section 3407 Restoration Fund; establishes the Central Valley Project
Restoration Fund. Funds are to be used to carry out projects under Section 3406. Not less than
67% of all fund monies are to be used for habitat restoration, improvement, and acquisition.
Also, directs the Secretary to complete a programmatic environmental impact statement
analyzing the direct and indirect benefits of implementing this title. Appropriations are
authorized to carry out the provisions of this title.
- Title XXXVI- Sonoma Baylands Wetland Demonstration Project, California; directs the
Secretary of the Army to develop and carry out the demonstration project to use dredged
materials suitable for aquatic disposal to restore, protect, and expand the Sonoma Baylands for
the purposes of preserving waterfowl, fish, and other wetlands dependent species of plants and
animals and to provide flood control, water quality improvement, and sedimentation control.
Return to Resource Laws