Fish and Wildlife Coordination Act

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML

FISH AND WILDLIFE COORDINATION ACT
[Chapter 55 of the 73rd Congress, Approved March 10, 1934, 48
Stat. 401]
[As Amended Through P.L. 118–198, Enacted December 23, 2024]
øCurrency: This publication is a compilation of the text of Chapter 55 of the 73rd
Congress. It was last amended by the public law listed in the As Amended
Through note above and below at the bottom of each page of the pdf version and
reflects current law through the date of the enactment of the public law listed at
https://www.govinfo.gov/app/collection/comps/¿
øNote: While this publication does not represent an official version of any Federal
statute, substantial efforts have been made to ensure the accuracy of its contents.
The official version of Federal law is found in the United States Statutes at Large
and in the United States Code. The legal effect to be given to the Statutes at
Large and the United States Code is established by statute (1 U.S.C. 112, 204).¿
AN ACT To promote the conservation of wildlife, fish, and game, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ø16 U.S.C. 661¿ SHORT TITLE; AUTHORIZATION.
(a) SHORT TITLE.—This Act may be cited as the

‘‘Fish and
Wildlife Coordination Act’’.
(b) AUTHORIZATION.—For the purpose of recognizing 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 authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations 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 thereto, and in carrying out other
measures necessary to effectuate the purposes of this Act; (2) to
make surveys and investigations of the wildlife of the public domain, including 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 furtherance of the
purposes of this Act.
1
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00001

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
Sec. 2

FISH AND WILDLIFE COORDINATION ACT

2

SEC. 2. ø16 U.S.C. 662¿ (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 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, or by any public or private agency under Federal permit or license, such department or agency 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, diversion, 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 improvement thereof in connection
with such water-resource development.
(b) In furtherance of such purposes, the reports and recommendations of the Secretary of the Interior on the wildlife aspects of such projects, and any report of the head of the State agency exercising administration over the wildlife resources of the
State, based on surveys and investigations conducted by the United
States Fish and Wildlife Service and such State agency for the purpose of determining the possible damage to wildlife resources and
for the purpose of determining means and measures that should be
adopted to prevent the loss of or damage to such wildlife resources,
as well as to provide concurrently for the development and improvement of such resources, shall be made an integral part of any
report prepared or submitted by any agency of the Federal Government responsible for engineering surveys and construction of such
projects when such reports are presented to the Congress or to any
agency or person having the authority or the power, by administrative action or otherwise, (1) to authorize the construction of waterresource development projects or (2) to approve a report on the
modification or supplementation of plans for previously authorized
projects, to which this Act applies. Recommendations of the Secretary of the Interior shall be as specific as is practicable with respect to features recommended for wildlife conservation and development, lands to be utilized or acquired for such purposes, the results expected, and shall describe the damage to wildlife attributable to the project and the measures proposed for mitigating or
compensating for these damages. The reporting officers in project
reports of the Federal agencies shall give full consideration to the
report and recommendations of the Secretary of the Interior and to
any report of the State agency on the wildlife aspects of such
projects, and the project plan shall include such justifiable means
and measures for wildlife purposes as the reporting agency finds
should be adopted to obtain maximum overall project benefits.
(c) Federal agencies authorized to construct or operate watercontrol projects are hereby authorized to modify or add to the
structures and operations of such projects, the construction of
which has not been substantially completed on the date of enactment of the Fish and Wildlife Coordination Act, and to acquire
lands in accordance with section 3 of this Act, in order to accommodate the means and measures for such conservation of wildlife reJanuary 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00002

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
3

FISH AND WILDLIFE COORDINATION ACT

Sec. 2

sources as an integral part of such projects: Provided, That for
projects authorized by a specific Act of Congress before the date of
enactment of the Fish and Wildlife Coordination Act (1) such modification or land acquisition shall be compatible with the purposes
for which the project was authorized; (2) the cost of such modifications or land acquisition, as means and measures to prevent loss
of and damage to wildlife resources to the extent justifiable, shall
be an integral part of the cost of such projects; and (3) the cost of
such modifications or land acquisition for the development or improvement of wildlife resources may be included to the extent justifiable, and an appropriate share of the cost of any project may be
allocated for this purpose with a finding as to the part of such allocated cost, if any, to be reimbursed by non-Federal interests.
(d) The cost of planning for and the construction or installation
and maintenance of such means and measures adopted to carry out
the conservation purposes of this section shall constitute an integral part of the cost of such projects: Provided, That such cost attributable to the development and improvement of wildlife shall not
extend beyond that necessary for (1) land acquisition, (2) facilities
as specifically recommended in water resource project reports, (3)
modification of the project, and (4) modification of project operations, but shall not include the operation of wildlife facilities.
(e) In the case of construction by a Federal agency, that agency
is authorized to transfer to the United States Fish and Wildlife
Service, out of appropriations or other funds made available for investigations, engineering, or construction, such funds as may be
necessary to conduct all or part of the investigations required to
carry out the purposes of this section.
(f) In addition to other requirements, there shall be included
in any report submitted to Congress supporting a recommendation
for authorization of any new project for the control or use of water
as described herein (including any new division of such project or
new supplemental works on such project) an estimation of the wildlife benefits or losses to be derived therefrom including benefits to
be derived from measures recommended specifically for the development and improvement of wildlife resources, the cost of providing
wildlife benefits (including the cost of additional facilities to be installed or lands to be acquired specifically for that particular phase
of wildlife conservation relating to the development and improvement of wildlife), the part of the cost of joint-use facilities allocated
to wildlife, and the part of such costs, if any, to reimbursed by nonFederal interests.
(g) The provisions of this section shall be applicable with respect to any project for the control or use of water as prescribed
herein, or any unit of such project authorized before or after the
date of enactment of the Fish and Wildlife Coordination Act for
planning or construction, but shall not be applicable to any project
or unit thereof authorized before the date of enactment of the Fish
and Wildlife Coordination Act if the construction of the particular
project or unit thereof has been substantially completed. A project
or unit thereof shall be considered to be substantially completed
when sixty percent or more of the estimated construction cost has
been obligated for expenditure.
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00003

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
Sec. 3

FISH AND WILDLIFE COORDINATION ACT

4

(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 agencies with respect to Federal
lands under their jurisdiction.
SEC. 3. ø16 U.S.C. 663¿ (a) Subject to the exceptions prescribed
in section 2(h) of this Act, 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, 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 of land, water, or interests therein, acquired or administered by a Federal agency in connection therewith, for the conservation, maintenance, and management of wildlife resources thereof, and its habitat thereon, including the development and improvement of such wildlife resources pursuant to the
provisions of section 2 of this Act.
(b) The use of such waters, land, or interests therein for wildlife conservation purposes shall be in accordance with general
plans approved jointly (1) by the head off the particular department or agency exercising primary administration in each instance,
(2) by the Secretary of the Interior, and (3) by the head of the agency exercising the administration of the wildlife resources of the particular State wherein the waters and areas lie. Such waters and
other interests shall be made available, without cost for administration, by such State agency, if the management of the properties
relate to the conservation of wildlife other than migratory birds, or
by the Secretary 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 program: Provided, That nothing in this section shall be construed as
affecting 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.
(c) When consistent with the purposes of this Act and the reports and findings of the Secretary of the Interior prepared in accordance with section 2, land, waters, and interests therein may be
acquired by Federal construction agencies for the wildlife conservation and development purposes 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 necessary 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.
(d) Properties acquired for the purposes of this section shall
continue to be used for such purposes, and shall not become the
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00004

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
5

FISH AND WILDLIFE COORDINATION ACT

Sec. 5

subject of exchange or other transactions if such exchange or other
transaction would defeat the initial purpose of their acquisition.
(e) Federal lands acquired or withdrawn for Federal water-resource purposes and made available to the States or to the Secretary of the Interior for wildlife management purposes, shall be
made available for such purposes in accordance with this Act, notwithstanding other provisions of law.
(f) Any lands acquired pursuant to this section by any Federal
agency within the exterior boundaries of a 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.
SEC. 4. ø16 U.S.C. 664¿ Such areas as are made available to
the Secretary of the Interior for the purposes of this Act, pursuant
to sections 1 and 3 or pursuant to any other authorization, shall
be administered by him directly or in accordance with cooperative
agreements entered into pursuant to the provisions of the first section of this Act and in accordance with such rules and regulations
for the conservation, maintenance, and management of wildlife, resources thereof, and its habitat thereon, as may be adopted by the
Secretary in accordance with general plans approved jointly by the
Secretary of the Interior and the head of the department or agency
exercising primary administration of such areas: Provided, That
such rules and regulations shall not be inconsistent with the laws
for the protection of fish and game of the States in which such area
is situated (16 U.S.C., sec. 664): Provided further, That lands having value to the National Migratory Bird Management Program
may, pursuant to general plans, be made available without cost directly to the State agency having control over wildlife resources, if
it is jointly determined by the Secretary of the Interior and such
State agency that this would be in the public interest: And provided further, That the Secretary of the Interior shall have the
right to assume the management and administration of such lands
in behalf of the National Migratory Bird Management Program if
the Secretary finds that the State agency has withdrawn from or
otherwise relinquished such management and administration.
SEC. 5. ø16 U.S.C. 665¿ The Secretary of the Interior, through
the Fish an Wildlife Service and the Bureau of Mines, 1 is authorized to make such investigations as he deems necessary to determine the effect of domestic sewage, mine, petroleum, and industrial
wastes, erosion, silt, and other polluting substances on wildlife, and
to make report to the Congress concerning such investigations and
of recommendations for alleviating dangerous and undesirable effects of such pollution. These investigations shall include (1) the determination of standards of water quality for the maintenance of
wildlife; (2) the study of methods of abating and preventing pollution, including methods for the recovery of useful or marketable
1 Section

10(b) of Public Law 102–285 (106 Stat. 172) provides as follows:
‘‘(b) UNITED STATES BUREAU OF MINES.—The Bureau of Mines established by the Act of May
16, 1910 (30 U.S.C. 1), is designated as and shall hereafter be known as the United States Bureau of Mines.’’.

January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00005

Fmt 9001

Sfmt 5601

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
Sec. 5A

FISH AND WILDLIFE COORDINATION ACT

6

products and byproducts of wastes; and (3) the collation and distribution of data on the progress and results of such investigations
for the use on Federal, State, municipal, and private agencies, individuals, organizations, or enterprises.
SEC. 5A. ø16 U.S.C. 665A¿ In the management of existing facilities (including locks, dams, and pools) in the Mississippi River
between Rock Island, Illinois, and Minneapolis, Minnesota, administered by the United States Corps of Engineers of the Department
of the Army, that Department is hereby directed to give full consideration and recognition to the needs of fish and other wildlife resources and their habitat dependent on such waters, without increasing additional liability to the Government, and, to the maximum extent possible without causing damage to levee and drainage districts, adjacent railroads and highways, farm lands, and
dam structures, shall generally operate and maintain pool levels as
though navigation was carried on throughout the year.
SEC. 6. ø16 U.S.C. 666¿ There is authorized to be appropriated
from time to time, out of any money in the Treasury not otherwise
appropriated, such amounts as may be necessary to carry out the
provisions of this Act and regulations made pursuant thereto, including the construction of such facilities, buildings, and other improvements necessary for economical administration of areas made
available to the Secretary of the Interior under this Act, and the
employment in the city of Washington and elsewhere of such persons and means as the Secretary of the Interior may deem necessary for such purposes.
SEC. 7. ø16 U.S.C. 666a¿ Any person who shall violate any rule
or regulation promulgated in accordance with this Act shall be
guilty of a misdemeanor and upon conviction thereof shall be fined
not more than $500 or imprisoned for not more than one year, or
both.
SEC. 8. ø16 U.S.C. 666b¿ The terms ‘‘wildlife’’ and ‘‘wildlife resources’’ as used herein include birds, fishes, mammals, and all
other classes of wild animals and all types of aquatic and land
vegetation upon which wildlife is dependent.
SEC. 9. ø16 U.S.C. 666c¿ The provisions of this Act shall not
apply to the Tennessee Valley Authority.
SEC. 10. ø16 U.S.C. 666c–1¿ PROTECTION OF WATER, OCEANS, COASTS,
AND WILDLIFE FROM INVASIVE SPECIES.
(a) DEFINITIONS.—In this section:
(1) CONTROL.—The term ‘‘control’’, with respect to an

invasive species, means the eradication, suppression, or reduction of the population of the invasive species within the area
in which the invasive species is present.
(2) ECOSYSTEM.—The term ‘‘ecosystem’’ means the complex
of a community of organisms and the environment of the organisms.
(3) ELIGIBLE STATE.—The term ‘‘eligible State’’ means any
of—
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00006

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
7

FISH AND WILDLIFE COORDINATION ACT

Sec. 10

(F) the Commonwealth of the Northern Mariana Islands; and
(G) the United States Virgin Islands.
(4) INVASIVE SPECIES.—
(A) IN GENERAL.—The term ‘‘invasive species’’ means
an alien species, the introduction of which causes, or is
likely to cause, economic or environmental harm or harm
to human health.
(B) ASSOCIATED DEFINITION.—For purposes of subparagraph (A), the term ‘‘alien species’’, with respect to a particular ecosystem, means any species (including the seeds,
eggs, spores, or other biological material of the species that
are capable of propagating the species) that is not native
to the affected ecosystem.
(5) MANAGE; MANAGEMENT.—The terms ‘‘manage’’ and
‘‘management’’, with respect to an invasive species, mean the
active implementation of any activity—
(A) to reduce or stop the spread of the invasive species; and
(B) to inhibit further infestations of the invasive species, the spread of the invasive species, or harm caused by
the invasive species, including investigations regarding
methods for early detection and rapid response, prevention, control, or management of the invasive species.
(6) PREVENT.—The term ‘‘prevent’’, with respect to an
invasive species, means—
(A) to hinder the introduction of the invasive species
onto land or water; or
(B) to impede the spread of the invasive species within
land or water by inspecting, intercepting, or confiscating
invasive species threats prior to the establishment of the
invasive species onto land or water of an eligible State.
(7) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Army, with respect to Federal
land administered by the Corps of Engineers;
(B) the Secretary of the Interior, with respect to Federal land administered by the Secretary of the Interior
through—
(i) the United States Fish and Wildlife Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with respect to Federal land administered by the Secretary of Agriculture
through the Forest Service; and
(D) the head or a representative of any other Federal
agency the duties of whom require planning relating to,
and the treatment of, invasive species for the purpose of
protecting water and wildlife on land and coasts and in
oceans and water.
(8) SPECIES.—The term ‘‘species’’ means a group of organisms, all of which—
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00007

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
Sec. 10

FISH AND WILDLIFE COORDINATION ACT

8

(A) have a high degree of genetic similarity;
(B) are morphologically distinct;
(C) generally—
(i) interbreed at maturity only among themselves;
and
(ii) produce fertile offspring; and
(D) show persistent differences from members of allied
groups of organisms.
(b) CONTROL AND MANAGEMENT.—Each Secretary concerned
shall plan and carry out activities on land directly managed by the
Secretary concerned to protect water and wildlife by controlling
and managing invasive species—
(1) to inhibit or reduce the populations of invasive species;
and
(2) to effectuate restoration or reclamation efforts.
(c) STRATEGIC PLAN.—
(1) IN GENERAL.—Each Secretary concerned shall develop
a strategic plan for the implementation of the invasive species
program to achieve, to the maximum extent practicable, a substantive annual net reduction of invasive species populations
or infested acreage on land or water managed by the Secretary
concerned.
(2) COORDINATION.—Each strategic plan under paragraph
(1) shall be developed—
(A) in coordination with affected—
(i) relevant Federal agencies;
(ii) eligible States; and
(iii) political subdivisions of eligible States;
(B) in consultation with stakeholders, including nongovernmental organizations and industry;
(C) in consultation with federally recognized Indian
tribes; and
(D) in accordance with the priorities established by 1
or more Governors of the eligible States in which an ecosystem affected by an invasive species is located.
(3) FACTORS FOR CONSIDERATION.—In developing a strategic plan under this subsection, the Secretary concerned shall
take into consideration the economic and ecological costs of action or inaction, as applicable.
(d) COST-EFFECTIVE METHODS.—In selecting a method to be
used to control or manage an invasive species as part of a specific
control or management project conducted as part of a strategic plan
developed under subsection (c), the Secretary concerned shall
prioritize the use of methods that—
(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on sound scientific
data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in the most costeffective manner.
(e) COMPARATIVE ECONOMIC ASSESSMENT.—To achieve compliance with subsection (d), the Secretary concerned shall require a
comparative economic assessment of invasive species control and
management methods to be conducted.
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00008

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
9

FISH AND WILDLIFE COORDINATION ACT

Sec. 10

(f) EXPEDITED ACTION.—
(1) IN GENERAL.—The Secretaries concerned shall use all
tools and flexibilities available (as of the date of enactment of
this section) to expedite the projects and activities described in
paragraph (2).
(2) DESCRIPTION OF PROJECTS AND ACTIVITIES.—A project
or activity referred to in paragraph (1) is a project or activity—
(A) to protect water or wildlife from an invasive species that, as determined by the Secretary concerned is, or
will be, carried out on land or water that is—
(i) directly managed by the Secretary concerned;
and
(ii) located in an area that is—
(I) at high risk for the introduction, establishment, or spread of invasive species; and
(II) determined by the Secretary concerned to
require immediate action to address the risk identified in subclause (I); and
(B) carried out in accordance with applicable agency
procedures, including any applicable—
(i) land or resource management plan; or
(ii) land use plan.
(g) ALLOCATION OF FUNDING.—Of the amount appropriated or
otherwise made available to each Secretary concerned for a fiscal
year for programs that address or include protection of land or
water from an invasive species, the Secretary concerned shall use
not less than 75 percent for on-the-ground control and management
of invasive species, which may include—
(1) the purchase of necessary products, equipment, or services to conduct that control and management;
(2) the use of integrated pest management options, including options that use pesticides authorized for sale, distribution,
or use under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to
be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods
designed to improve the diversity and richness of ecosystems;
(5) the use of monitoring and detection activities for
invasive species, including equipment, detection dogs, and mechanical devices;
(6) the use of appropriate methods to remove invasive species from a vehicle or vessel capable of conveyance; or
(7) the use of other effective mechanical or manual control
methods.
(h) INVESTIGATIONS, OUTREACH, AND PUBLIC AWARENESS.—Of
the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs that address or include protection of land or water from an invasive species, the Secretary concerned may use not more than 15 percent for investigations, development activities, and outreach and public awareness
efforts to address invasive species control and management needs.
(i) ADMINISTRATIVE COSTS.—Of the amount appropriated or
otherwise made available to each Secretary concerned for a fiscal
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00009

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
Sec. 10

FISH AND WILDLIFE COORDINATION ACT

10

year for programs that address or include protection of land or
water from an invasive species, not more than 10 percent may be
used for administrative costs incurred to carry out those programs,
including costs relating to oversight and management of the programs, recordkeeping, and implementation of the strategic plan developed under subsection (c).
(j) REPORTING REQUIREMENTS.—Not later than 60 days after
the end of the second fiscal year beginning after the date of enactment of this section, each Secretary concerned shall submit to Congress a report—
(1) describing the use by the Secretary concerned during
the 2 preceding fiscal years of funds for programs that address
or include invasive species management; and
(2) specifying the percentage of funds expended for each of
the purposes specified in subsections (g), (h), and (i).
(k) RELATION TO OTHER AUTHORITY.—
(1) OTHER INVASIVE SPECIES CONTROL, PREVENTION, AND
MANAGEMENT AUTHORITIES.—Nothing in this section precludes
the Secretary concerned from pursuing or supporting, pursuant
to any other provision of law, any activity regarding the control, prevention, or management of an invasive species, including investigations to improve the control, prevention, or management of the invasive species.
(2) PUBLIC WATER SUPPLY SYSTEMS.—Nothing in this section authorizes the Secretary concerned to suspend any water
delivery or diversion, or otherwise to prevent the operation of
a public water supply system, as a measure to control, manage,
or prevent the introduction or spread of an invasive species.
(l) USE OF PARTNERSHIPS.—Subject to the subsections (m) and
(n), the Secretary concerned may enter into any contract or cooperative agreement with another Federal agency, an eligible State, a
federally recognized Indian tribe, a political subdivision of an eligible State, or a private individual or entity to assist with the control
and management of an invasive species.
(m) MEMORANDUM OF UNDERSTANDING.—
(1) IN GENERAL.—As a condition of a contract or cooperative agreement under subsection (l), the Secretary concerned
and the applicable Federal agency, eligible State, political subdivision of an eligible State, or private individual or entity
shall enter into a memorandum of understanding that describes—
(A) the nature of the partnership between the parties
to the memorandum of understanding; and
(B) the control and management activities to be conducted under the contract or cooperative agreement.
(2) CONTENTS.—A memorandum of understanding under
this subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species to be
controlled or managed.
(B) An assessment of the total acres of land or area of
water infested by the invasive species.
(C) An estimate of the expected total acres of land or
area of water infested by the invasive species after control
and management of the invasive species is attempted.
January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00010

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC

G:\COMP\WILDLIFE\FISH AND WILDLIFE COORDINATION ACT.XML
11

FISH AND WILDLIFE COORDINATION ACT

Sec. 10

(D) A description of each specific, integrated pest management option to be used, including a comparative economic assessment to determine the least-costly method.
(E) Any map, boundary, or Global Positioning System
coordinates needed to clearly identify the area in which
each control or management activity is proposed to be conducted.
(F) A written assurance that each partner will comply
with section 15 of the Federal Noxious Weed Act of 1974
(7 U.S.C. 2814).
(3) COORDINATION.—If a partner to a contract or cooperative agreement under subsection (l) is an eligible State, political subdivision of an eligible State, or private individual or entity, the memorandum of understanding under this subsection
shall include a description of—
(A) the means by which each applicable control or
management effort will be coordinated; and
(B) the expected outcomes of managing and controlling
the invasive species.
(4) PUBLIC OUTREACH AND AWARENESS EFFORTS.—If a contract or cooperative agreement under subsection (l) involves
any outreach or public awareness effort, the memorandum of
understanding under this subsection shall include a list of
goals and objectives for each outreach or public awareness effort that have been determined to be efficient to inform national, regional, State, Tribal, or local audiences regarding
invasive species control and management.
(n) INVESTIGATIONS.—The purpose of any invasive species-related investigation carried out under a contract or cooperative
agreement under subsection (l) shall be—
(1) to develop solutions and specific recommendations for
control and management of invasive species; and
(2) specifically to provide faster implementation of control
and management methods.
(o) COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.—
Each project and activity carried out pursuant to this section shall
be coordinated with affected local governments in a manner that is
consistent with section 202(c)(9) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(9)).
(p) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section for each of fiscal years
2021 through 2030—
(1) $2,500,000 to the Secretary of the Army, acting through
the Chief of Engineers; and
(2) $2,500,000 to the Secretary of the Interior.

January 23, 2025

VerDate Nov 24 2008

22:23 Jan 23, 2025

As Amended Through P.L. 118-198, Enacted December 23, 2024

Jkt 000000

PO 00000

Frm 00011

Fmt 9001

Sfmt 9001

G:\COMP\WILDLIFE\FAWCA.BEL

HOLC