[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4780 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4780
To authorize the United States Fish and Wildlife Service to seek
compensation for injuries to trust resources and to use funds received
as that compensation to restore, replace, or acquire equivalent
resources, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Thompson of California (for himself, Mr. Wittman, Ms. Eshoo, Mr.
Krishnamoorthi, and Mrs. Dingell) introduced the following bill; which
was referred to the Committee on Natural Resources, and in addition to
the Committee on Appropriations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the United States Fish and Wildlife Service to seek
compensation for injuries to trust resources and to use funds received
as that compensation to restore, replace, or acquire equivalent
resources, 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. SHORT TITLE.
This Act may be cited as the ``Refuge System Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Damages.--The term ``damages'' includes--
(A) compensation for--
(i)(I) the cost of replacing, restoring, or
acquiring the equivalent of a system resource;
and
(II) the value of any significant loss of
use of a system resource, pending--
(aa) restoration or replacement of
the system resource; or
(bb) the acquisition of an
equivalent resource; or
(ii) the value of a system resource, if the
system resource cannot be replaced or restored;
and
(B) the cost of any relevant damage assessment
carried out pursuant to section 4(c).
(2) Response cost.--The term ``response cost'' means the
cost of any action carried out by the Secretary--
(A) to prevent, minimize, or abate the destruction
or loss of, or injury to, a system resource;
(B) to abate or minimize the imminent risk of any
destruction, loss, or injury described in subparagraph
(A); or
(C) to monitor the ongoing effects of any incident
causing any destruction, loss, or injury described in
subparagraph (A).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) System resource.--The term ``system resource'' means
any living, nonliving, historical, cultural, or archeological
resource that is located within the boundaries of--
(A) a unit of the National Wildlife Refuge System;
(B) a unit of the National Fish Hatchery System; or
(C) any other land or water managed by the Director
of the United States Fish and Wildlife Service,
including any land or water managed cooperatively with
any other Federal or State agency.
SEC. 3. ACTIONS.
(a) In General.--The Attorney General, on request of the Secretary,
may bring in the district court of the United States of appropriate
jurisdiction--
(1) a civil action against any individual or entity that--
(A) destroys, causes the loss of, or injures any
system resource; or
(B) causes the Secretary to carry out any action to
prevent, minimize, or abate the destruction or loss of,
or injury or risk to, any system resource; or
(2) an in rem action against any instrumentality (including
a vessel, vehicle, aircraft, or other equipment or mechanism)
that--
(A) destroys, causes the loss of, or injures any
system resource; or
(B) causes the Secretary to carry out any action to
prevent, minimize, or abate destruction or loss of, or
injury or risk to, a system resource.
(b) Affirmative Defenses.--It shall be an affirmative defense in an
action under subsection (a) that--
(1) the applicable destruction or loss of, or injury to,
the system resource was caused by an otherwise legal act or
omission that occurred outside of the boundaries of the system
resource;
(2) the applicable destruction or loss of, or injury to,
the system resource was caused by an activity performed in
accordance with Federal, State, or local law, regulation, or
court order;
(3) the applicable destruction or loss of, or injury to,
the system resource was caused solely by an act of God or an
act of war;
(4)(A) the applicable individual, entity, or
instrumentality exercised due care; and
(B) the applicable destruction or loss of, or injury to,
the system resource was caused solely by an act or omission of
a third party, other than an employee or agent of the
individual, entity, or instrumentality; or
(5)(A) the applicable destruction or loss of, or injury to,
the system resource was caused by an individual, entity, or
instrumentality, including an employee or agent of the
individual, entity, or instrumentality, acting in physical
self-defense or defense of others against physical harm; and
(B) the physical defense was--
(i) reasonably necessary;
(ii) without reasonable alternative; and
(iii) not excessive under the circumstances.
(c) Damages.--In an action under subsection (a), the court may
award response costs and damages resulting from the applicable
destruction or loss of, or injury to, the system resource.
(d) Administrative Actions for Response Costs and Damages.--
(1) Action by secretary.--
(A) In general.--Subject to paragraph (2), the
Secretary, after making a finding described in
subparagraph (B), may consider, compromise, and settle
a claim for response costs and damages if the claim has
not been referred to the Attorney General under
subsection (a).
(B) Description of findings.--A finding referred to
in subparagraph (A) is a finding that--
(i) destruction or loss of, or injury to, a
system resource has occurred; or
(ii) that destruction, loss, or injury
would occur absent an action by the Secretary
to prevent, minimize, or abate the destruction,
loss, or injury.
(2) Requirement.--In any case in which the total amount to
be recovered in an action under subsection (a) may exceed
$500,000 (excluding interest), a claim may be compromised and
settled under paragraph (1) only with the prior written
approval of the Attorney General.
(e) Response Actions, Assessments of Damages, and Injunctive
Relief.--
(1) In general.--The Secretary may carry out any necessary
action (including making a request to the Attorney General to
seek injunctive relief)--
(A) to prevent, minimize, or abate the destruction
or loss of, or injury to, a system resource; or
(B) to abate or minimize the imminent risk of that
destruction, loss, or injury.
(2) Assessment and monitoring.--
(A) In general.--The Secretary may assess and
monitor the destruction or loss of, or injury to, any
system resource for purposes of paragraph (1).
(B) Judicial review.--Any determination or
assessment of damage to a system resource carried out
under subparagraph (A) shall be subject to judicial
review under subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), on the basis of the
administrative record developed by the Secretary.
(f) Scope.--The liability established by this section shall be in
addition to any other liability arising under Federal or State law.
SEC. 4. USE OF RECOVERED AMOUNTS.
(a) In General.--An amount equal to the total amount of the
response costs and damages recovered by the Secretary under this Act
and any amounts recovered by the Federal Government under any provision
of Federal, State, or local law (including regulations) or otherwise as
a result of the destruction or loss of, or injury to, any system
resource shall be made available to the Secretary, without further
appropriation, for use in accordance with subsection (b).
(b) Use.--The Secretary may use amounts made available under
subsection (a) only, in accordance with applicable law--
(1) to reimburse response costs and damage assessments
carried out pursuant to this Act by the Secretary or such other
Federal agency as the Secretary determines to be appropriate;
(2) to restore, replace, or acquire the equivalent of a
system resource that was destroyed, lost, or injured; or
(3) to monitor and study the recovery of the system
resources that were destroyed, lost, or injured.
(c) Allocation.--The Secretary shall--
(1) allocate for use under subsection (b) the amount of
response costs and damages recovered with respect to each
system resource and made available under subsection (a) to the
unit, land, or water described in section 2(4) within which the
system resource was located at the time of the destruction,
loss, or injury; and
(2) after the allocation under paragraph (1), allocate any
remaining amounts for such use under subsection (b) as the
Secretary determines to be appropriate.
SEC. 5. DONATIONS.
(a) In General.--In addition to any other authority to accept
donations, the Secretary may accept donations of money or services for
expenditure or use to meet expected, immediate, or ongoing response
costs and damages.
(b) Timing.--A donation described in subsection (a) may be expended
or used at any time after acceptance of the donation, without further
action by Congress.
SEC. 6. TRANSFER OF FUNDS FROM NATURAL RESOURCE DAMAGE ASSESSMENT AND
RESTORATION FUND.
The matter under the heading ``natural resource damage assessment
and restoration fund'' under the heading ``United States Fish and
Wildlife Service'' in title I of the Department of the Interior and
Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b-1), is
amended by striking ``Provided, That'' and all that follows through
``activities.'' and inserting the following: ``Provided, That
notwithstanding any other provision of law, any amounts appropriated or
credited during fiscal year 1992 or any fiscal year thereafter may be
transferred to any account (including through a payment to any Federal
or non-Federal trustee) to carry out a negotiated legal settlement or
other legal action for a restoration activity under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.), section 100721 of title 54, United States Code, or the Refuge
System Protection Act: Provided further, That sums provided by any
individual or entity before or after the date of enactment of this Act
shall remain available until expended and shall not be limited to
monetary payments, but may include stocks, bonds, or other personal or
real property, which may be retained, liquidated, or otherwise disposed
of by the Secretary for the restoration of injured resources or to
conduct any new damage assessment activity.''.
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