[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6583 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6583
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
December 4, 2023
Mr. Thompson of California (for himself, Mr. Wittman, Mr.
Krishnamoorthi, Mrs. Dingell, Ms. Norton, Ms. DeGette, Mr. Huffman, Mr.
Nadler, and Ms. Matsui) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
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 of
2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Damages.--The term ``damages'' means--
(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, at the 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) De Minimis Threshold.--The Secretary may not make a request to
the Attorney General under subsection (a) if the amount that could be
awarded under subsection (c) relating to the cause of action would not
exceed $5,000.
(e) 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.
(f) 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.
(g) 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.--Amounts 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 or otherwise as a result of the destruction or loss of, or injury
to, any system resource shall be credited as discretionary offsetting
collections to the Construction account of the United States Fish and
Wildlife Service for use in accordance with subsection (b), and shall
be made available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.
(b) Use.--The Secretary may only use amounts made available under
subsection (a)--
(1) to reimburse expenditures incurred for--
(A) response costs;
(B) damage assessments;
(C) remediation action planning costs; or
(D) other activities the Secretary determines to be
necessary to respond to, assess, and remediate damages
to a system resource;
(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 a system resource
that was 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) Acceptance of Monetary Donations and Services.--Subject to
subsection (b), the Secretary may accept donations of money or services
to meet expected, immediate, or ongoing response costs and damages.
(b) Use of Monetary Donations.--Amounts accepted under subsection
(a) shall be credited as discretionary offsetting collections to the
Construction account of the United States Fish and Wildlife Service for
meeting such expected, immediate, or ongoing response costs and
damages, and shall be made available for such purposes only to the
extent and in the amounts provided in advance in appropriations Acts.
SEC. 6. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
If any conflict arises between any provision of this Act and any
provision of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.), then the provision in such Act shall control.
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