[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4669 Introduced in Senate (IS)]

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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.
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