Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service

Bureau of Reclamation Projects

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 27, 1954.)
• 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, Washington (43 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 (43 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, 1956.
• 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 environmental impacts.
• 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, 1956.
• 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 U.S.C. 615ffff,86 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, Nebraska (43 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 (43 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, 1974.
• 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 Refuge.
• 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 (43 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.
• Tualatin 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 (43 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 (43 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 Species Act

- 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.
• Title 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.
• Title 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.
• Title 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 lands.
• 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.
• Title 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.

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