[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4669 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4669
To establish the Western Riverside National Wildlife Refuge, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Mrs. Feinstein (for herself and Mr. Padilla) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To establish the Western Riverside National Wildlife Refuge, 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 ``Western Riverside National Wildlife
Refuge Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Additional reserve lands.--The term ``additional
reserve lands'' means the conserved habitat totaling
approximately 153,000 acres that are needed to meet the goals
and objectives of the Conservation Plan, of which--
(A) 56,000 acres are Federal and State acquisition
and mitigation for State Permittees; and
(B) 97,000 acres were contributed by local
Permittees.
(2) Conservation plan.--The term ``Conservation Plan''
means the Western Riverside County Multiple Species Habitat
Conservation Plan permitted by the United States Fish and
Wildlife Service on June 22, 2004.
(3) County.--The term ``County'' means Riverside County,
California.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Map.--The term ``Map'' means the map entitled ``Western
Riverside National Wildlife Refuge Acquisition Boundary as
proposed by the Western Riverside National Wildlife Refuge
Act'' and dated May 25, 2022.
(6) Permittee.--The term ``Permittee'' means an entity
identified as a permittee in the incidental take permit issued
under section 10 of the Endangered Species Act of 1973 (16
U.S.C. 1539) that is associated with the Conservation Plan.
(7) Regional conservation authority.--The term ``Regional
Conservation Authority'' means the Western Riverside County
Regional Conservation Authority.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(9) State.--The term ``State'' means the State of
California.
(10) Urban partnership.--The term ``Urban Partnership''
means a place-based partnership, established in accordance with
United States Fish and Wildlife Service policy, to be carried
out on partner-owned land, including the Urban Bird Treaties
Program, Urban Wildlife Refuge Partnerships, and other
partnership programs of the United States Fish and Wildlife
Service.
(11) Urban wildlife refuge.--The term ``Urban Wildlife
Refuge'' means a unit of the National Wildlife Refuge System
that is managed consistent with the Urban Wildlife Conservation
Program of the United States Fish and Wildlife Service.
(12) Wildlife habitat.--The term ``wildlife habitat'' means
the combination of food, water, shelter, or space that meet the
needs of wildlife, including wildlife corridors, which are
features of the landscape that provide ecological connectivity
and allow for native species movement or dispersal as
identified--
(A) by the Secretary; or
(B) in section 3.2.3 of the Conservation Plan.
(13) Wildlife refuge.--The term ``Wildlife Refuge'' means
the Western Riverside National Wildlife Refuge established
under section 3(a).
SEC. 3. ESTABLISHMENT OF WESTERN RIVERSIDE NATIONAL WILDLIFE REFUGE.
(a) Establishment.--On the first acquisition by, or transfer to,
the Secretary of any land, water, or any interest in land or water
under subsection (h), the Secretary shall establish a unit of the
National Wildlife Refuge System, to be known as the ``Western Riverside
National Wildlife Refuge''.
(b) Purposes.--The purposes of the Wildlife Refuge are--
(1) to conserve, manage, and restore fish, wildlife,
plants, and their habitats for the benefit of present and
future generations of individuals in the United States; and
(2) to support the conservation, recovery, and protection
of--
(A) species listed as threatened species or
endangered species under--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(ii) the California Endangered Species Act
(Chapter 1.5 of Division 3 of the California
Fish and Game Code); and
(B) covered species listed under the Conservation
Plan.
(c) Uses.--The uses of the Wildlife Refuge shall include--
(1) providing, to the extent compatible with the purposes
described in subsection (b) and pursuant to the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.)--
(A) opportunities for scientific research,
environmental education, and fish and wildlife-oriented
recreation; and
(B) improved access to nature for communities; and
(2) engaging communities in fish and wildlife conservation,
restoration, education, recreation, and outreach activities
through the pursuit of Urban Partnerships.
(d) Urban Wildlife Refuge.--The Wildlife Refuge shall be
administered as an Urban Wildlife Refuge.
(e) Notification of Establishment.--
(1) In general.--Not later than 90 days after the date on
which the Wildlife Refuge is established under subsection (a),
the Secretary shall publish in the Federal Register notice of
the establishment of the Wildlife Refuge.
(2) Map.--The notice published by the Secretary under
paragraph (1) shall include the Map.
(f) Acquisition Boundary.--
(1) In general.--The acquisition boundary of the Wildlife
Refuge shall be coterminous with the boundary depicted on the
Map.
(2) Boundary revisions.--The Secretary may make such minor
revisions to expand the acquisition boundary established under
paragraph (1), as may be appropriate--
(A) to achieve the purposes of the Wildlife Refuge
described in subsection (b); or
(B) to facilitate the acquisition of property for
the Wildlife Refuge under subsection (h).
(g) Administration of Wildlife Refuge.--
(1) In general.--On the establishment of the Wildlife
Refuge under subsection (a), the Secretary shall administer all
land, water, and any interest in land or water that have been
acquired by, or transferred to, the Secretary under subsection
(h) for inclusion in the Wildlife Refuge in accordance with--
(A) the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.);
and
(B) subsection (b).
(2) Cooperative agreements with respect to non-federal
land.--The Secretary may enter into cooperative agreements or
other instruments, as appropriate, with the State, the County,
the Regional Conservation Authority, or any other entity or
person--
(A) for the management, in a manner consistent with
this section, of land that is--
(i) owned by the State, the County, the
Regional Conservation Authority, or any other
entity or person; and
(ii) located within the acquisition
boundary of the Wildlife Refuge established
under subsection (f);
(B) to promote public awareness of the natural
resources of the area governed by the Conservation
Plan; or
(C) to encourage public participation in the
conservation of resources in the Wildlife Refuge.
(3) Easements and rights-of-way.--
(A) In general.--Any property acquired by, or
transferred to, the Secretary for inclusion in the
Wildlife Refuge under subsection (h) shall be subject
to any valid and existing right that existed on the
property before the property was acquired by, or
transferred to, the Secretary under that subsection.
(B) Savings clause.--Subject to compatibility
requirements under the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.),
nothing in this Act precludes the establishment of a
new utility facility or right-of-way (including
instream sites, routes, and areas) within the Wildlife
Refuge if such a facility or right-of-way, as
applicable, is necessary for public health and safety,
electricity and water supply, or other utility
services.
(h) Acquisition and Transfers of Land and Water for the Wildlife
Refuge.--
(1) Acquisitions.--
(A) In general.--The Secretary may acquire, by
donation, purchase, or exchange, land, water, or any
interest in land or water (including conservation
easements) within the acquisition boundary of the
Wildlife Refuge established under subsection (f) that
will achieve, in the determination of the Secretary,
the purposes of the Wildlife Refuge described in
subsection (b).
(B) Land, water, and interests owned by the
state.--Land, water, and any interests in land or water
owned by the State, the County, or the Western
Riverside County Regional Conservation Authority may
only be acquired by donation.
(C) Acquisition of additional reserve lands.--
(i) In general.--In order to support the
responsibilities of the Federal Government, as
described in the Conservation Plan, the
Secretary shall give priority to, when
acquiring land, water, or any interest in land
or water (including conservation easements)
under subparagraph (A), additional reserve
lands within the acquisition boundary of the
Wildlife Refuge established under subsection
(f).
(ii) Priority.--In acquiring additional
reserve lands under clause (i), the Secretary
shall give priority to additional reserve
lands--
(I) located within criteria cells
identified on the Map; and
(II) that have not been acquired by
a Permittee, before the date of
enactment of this Act, for the purpose
of satisfying the conservation
obligations of the Permittee under the
Conservation Plan.
(2) Transfers.--
(A) Assessment.--Not later than 1 year after the
date of enactment of this Act, the head of any Federal
department or agency, including any agency within the
Department of the Interior, that has jurisdiction of
any Federal property located within the acquisition
boundary of the Wildlife Refuge established under
subsection (f) shall submit to the Secretary an
assessment of whether the property would be consistent
with the purposes of the Wildlife Refuge described in
subsection (b).
(B) Requirements.--Any assessment submitted to the
Secretary under subparagraph (A) shall include--
(i) parcel descriptions and best existing
land surveys for the property;
(ii) a list of existing special
reservations designations or purposes of the
property;
(iii) an inventory of--
(I) all known or suspected
hazardous substance contamination of
the property;
(II) any facilities on the
property; and
(III) any surface water or
groundwater on the property;
(iv) the status of withdrawal of the
property from--
(I) the Mineral Leasing Act (30
U.S.C. 181 et seq.); and
(II) sections 2319 through 2344 of
the Revised Statutes (commonly known as
the ``Mining Law of 1872'') (30 U.S.C.
22 et seq.); and
(v)(I) a recommendation relating to whether
the property would be consistent with the
purposes of the Wildlife Refuge described in
subsection (b); and
(II) the reasons supporting that
recommendation.
(C) Transfer determination.--
(i) In general.--Not later than 180 days
after the date on which the Secretary receives
an assessment submitted under subparagraph (A),
the Secretary shall determine whether the
property described in that assessment shall be
transferred to the Secretary for inclusion in
the Wildlife Refuge.
(ii) Property accepted for inclusion.--If
the Secretary accepts the transfer of a
property described in an assessment submitted
under subparagraph (A), that property shall be
transferred to the Secretary for inclusion in
the Wildlife Refuge without fee or
reimbursement.
(iii) Property rejected for inclusion.--
(I) In general.--If the Secretary
rejects the transfer of a property
described in an assessment submitted
under subparagraph (A), that property
shall not be transferred to the
Secretary for inclusion in the Wildlife
Refuge.
(II) Consultation.--If the property
is not transferred to the Secretary
under subclause (I), the Secretary may
consult with the head of the department
or agency that submitted the assessment
under subparagraph (A)--
(aa) to further deliberate
whether that property is
consistent with the purposes of
the Wildlife Refuge described
in subsection (b); and
(bb) to determine what
management activities can be
taken for the Secretary to
approve the eventual transfer
of that property for inclusion
in the Wildlife Refuge.
(III) Inclusion.--If, on further
deliberation between the Secretary and
the head of the department or agency
under subclause (II), the Secretary
accepts the transfer of the applicable
property, that property shall be
transferred to the Secretary for
inclusion in the Wildlife Refuge in
accordance with clause (ii).
(D) Additional transfers.--The Secretary, on
completion of reviewing assessments submitted by the
head of any Federal department or agency, including any
agency within the Department of the Interior, under
subparagraph (A), may commence additional assessments
in accordance with subparagraphs (B) and (C) if the
Secretary determines that--
(i) any Federal department or agency,
including any agency within the Department of
the Interior, has, or has acquired,
jurisdiction over any Federal property located
within the acquisition boundary of the Wildlife
Refuge established under subsection (f); or
(ii) property rejected by the Secretary
under subparagraph (C)(iii) has been remediated
and may now be suitable for inclusion in the
Wildlife Refuge.
(E) Public access.--If property transferred to the
Secretary under this paragraph allows for public access
at the time of transfer, that access shall be
maintained, unless that access, as determined by the
Secretary--
(i) would be incompatible with the purposes
of the Wildlife Refuge described in subsection
(b) or the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et
seq.);
(ii) would jeopardize public health or
safety; or
(iii) must be limited due to emergency
circumstances.
(3) Tribal cultural and religious uses.--No acquisition or
transfer of property under this subsection shall modify or
revoke existing access to, or use by, affected Indian Tribes,
unless that use or access, as determined by the Secretary--
(A) would be incompatible with the purposes of the
Wildlife Refuge described in subsection (b) or the
National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd et seq.);
(B) would jeopardize public health or safety; or
(C) must be limited due to emergency circumstances.
(4) Savings clause.--Nothing in this subsection exempts or
relieves a Permittee from the obligations of the Permittee
under the Conservation Plan or any associated permit.
<all>