Fish and Wildlife Coordination Act

Fish and Wildlife Coordination Act
Name	Fish and Wildlife Coordination Act
Enacted by	United States Congress
Enacted	1934
Amendments	1946, 1958, 1978
Related legislation	National Environmental Policy Act, Endangered Species Act of 1973, Migratory Bird Treaty Act

Contents

Fish and Wildlife Coordination Act The Fish and Wildlife Coordination Act is a United States statute enacted to promote coordination between federal agencies and wildlife authorities regarding impacts of water-resource development on aquatic and riparian wildlife. It complements statutes such as the Rivers and Harbors Act, Bald and Golden Eagle Protection Act, and the Federal Power Act and operates alongside major conservation milestones like the National Environmental Policy Act and the Endangered Species Act of 1973. The Act has informed agency practice across projects administered by entities including the United States Army Corps of Engineers, Bureau of Reclamation, and the Tennessee Valley Authority.

Background and Legislative History

Congress passed the Act in 1934 during the era of the Franklin D. Roosevelt administration amid New Deal-era public works such as the New Deal and the Civilian Conservation Corps. Early sponsors included members of the United States House of Representatives and the United States Senate concerned with declines documented by the Bureau of Fisheries and the United States Fish and Wildlife Service. The 1946 amendments reflected post-World War II expansion of projects like the Grand Coulee Dam and the Bonneville Dam and were influenced by agencies such as the Soil Conservation Service and the National Park Service. Subsequent revisions in 1958 and 1978 paralleled developments involving the Federal Power Commission and later the Federal Energy Regulatory Commission.

The Act requires consultation when federal actions — especially those by the United States Army Corps of Engineers, Bureau of Reclamation, Tennessee Valley Authority, or other agencies — modify rivers, streams, or other waters. It authorizes cooperation with the United States Fish and Wildlife Service, the National Marine Fisheries Service, state fish and wildlife agencies such as the California Department of Fish and Wildlife and the Texas Parks and Wildlife Department, and regional entities like the Great Lakes Fishery Commission. Provisions mandate preparation of reports, recommendations, and mitigation measures for projects undertaken by agencies including the Bureau of Land Management and the U.S. Forest Service. The law has been applied in contexts involving hydropower licensing under the Federal Power Act, reservoir construction related to the Tennessee Valley Authority, and navigation projects supervised by the United States Army Corps of Engineers.

The Act has influenced mitigation measures for species including anadromous fishes like chinook salmon, coho salmon, and steelhead trout in the Columbia River system, and has affected management of wetlands in the Everglades and the Mississippi River Delta. It has guided habitat restoration projects associated with the Missouri River, the Sacramento–San Joaquin River Delta, and the Hudson River estuary, informing collaborations with NGOs such as the National Audubon Society, The Nature Conservancy, and the Sierra Club. The Act’s advisory reports have shaped projects involving hydropower dams like Glen Canyon Dam and navigation works in the Port of New Orleans, while intersecting with species protection under the Migratory Bird Treaty Act and the Endangered Species Act of 1973.

Courts have interpreted the Act in litigation involving agencies such as the United States Army Corps of Engineers and the Tennessee Valley Authority. Notable decisions include rulings by the United States Supreme Court and federal circuit courts addressing consultation obligations and standing of parties such as state agencies and conservation organizations like the Sierra Club. Cases have arisen in contexts involving the Federal Energy Regulatory Commission licensing, water diversions in the Central Valley Project, and navigation projects impacting the Mississippi River. Judicial review has weighed the Act alongside statutes like the National Environmental Policy Act and precedent from cases involving the Clean Water Act.

Amendments in 1946, 1958, and 1978 adjusted the Act to match the expanding scope of federal water projects administered by the Tennessee Valley Authority, Bureau of Reclamation, and the United States Army Corps of Engineers. The Act functions in concert with the National Environmental Policy Act, the Endangered Species Act of 1973, the Clean Water Act, the Federal Power Act, and treaties like the Migratory Bird Treaty. Coordination mechanisms established by the Act continue to inform planning under federal programs managed by the Environmental Protection Agency, the Federal Energy Regulatory Commission, and regional bodies such as the Interstate Commission on the Potomac River Basin.