[House Report 116-629]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-629
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TO PROVIDE FOR THE ESTABLISHMENT OF THE WESTERN RIVERSIDE COUNTY
WILDLIFE REFUGE
_______
December 8, 2020.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2956]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2956) to provide for the establishment of the
Western Riverside County Wildlife Refuge, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ESTABLISHMENT.
(a) In General.--The Secretary of the Interior (in this Act referred
to as the ``Secretary''), acting through the United States Fish and
Wildlife Service, shall establish as a national wildlife refuge the
lands, waters, and interests therein acquired under section 4. The
national wildlife refuge shall be known as the Western Riverside County
National Wildlife Refuge (in this Act referred to as the ``Wildlife
Refuge'').
(b) Purpose.--The purpose of the Wildlife Refuge shall be--
(1) to conserve, manage, and restore wildlife habitats for
the benefit of present and future generations of Americans;
(2) to conserve species listed as threatened or endangered
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the California Endangered Species Act (California Fish
and Game Code 2050-2068), or which is a covered species under
the Western Riverside County Multiple Species Habitat
Conservation Plan;
(3) to support the recovery and protection of threatened and
endangered species under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(4) to provide for wildlife habitat connectivity and
migratory corridors within the Western Riverside County
Multiple Species Habitat Conservation Plan Area.
(c) Notification of Establishment.--The Secretary shall publish
notice of the establishment of the Wildlife Refuge in the Federal
Register.
SEC. 2. BOUNDARIES.
The Secretary shall include within the boundaries of the Wildlife
Refuge the lands and waters within the Western Riverside County
Multiple Species Habitat Conservation Plan Area (as depicted on maps
and described in the Final Western Riverside County Multiple Species
Habitat Conservation Plan dated June 17, 2003) that are owned by the
Federal Government, a State, or a political subdivision of a State on
the date of enactment of this Act.
SEC. 3. ADMINISTRATION.
(a) In General.--Upon the establishment of the Wildlife Refuge and
thereafter, the Secretary shall administer all federally owned lands,
waters, and interests in the Wildlife Refuge in accordance with the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and this Act. The Secretary may use such additional
statutory authority as may be available to the Secretary for the
conservation, management, and restoration of fish and wildlife and
natural resources, the development of compatible wildlife dependent
outdoor recreation opportunities, and the facilitation of fish and
wildlife interpretation and education as the Secretary considers
appropriate to carry out the purposes of this Act and serve the
objectives of the Western Riverside County Multiple Species Habitat
Conservation Plan.
(b) Cooperative Agreements Regarding Non-Federal Lands.--The
Secretary may enter into cooperative agreements with the State of
California, any political subdivision thereof, or any other person--
(1) for the management, in a manner consistent with this Act
and the Western Riverside County Multiple Species Habitat
Conservation Plan, of lands that are owned by such State,
subdivision, or other person and located within the boundaries
of the Wildlife Refuge;
(2) to promote public awareness of the natural resources of
the Western Riverside County Multiple Species Habitat
Conservation Plan Area; or
(3) to encourage public participation in the conservation of
those resources.
SEC. 4. ACQUISITION AND TRANSFERS OF LANDS AND WATERS FOR WILDLIFE
REFUGE.
(a) Acquisitions.--In addition to lands and waters acquired pursuant
to section 2, the Secretary may acquire by donation, purchase with
donated or appropriated funds, or exchange the lands and water, or
interest therein (including conservation easements), within the
boundaries of the Wildlife Refuge, except that the lands, water, and
interests therein owned by the State of California and its political
subdivisions may be acquired only by donation.
(b) Transfers.--
(1) In general.--The head of any Federal department or agency
other than the Department of the Interior that has jurisdiction
of any Federal property located within the boundaries of the
Wildlife Refuge as described by this Act shall, not later than
1 year after the date of the enactment of this Act, submit to
the Secretary an assessment of the suitability of such property
for inclusion in the Wildlife Refuge.
(2) Assessment.--Any assessment under paragraph (1) shall
include--
(A) parcel descriptions and best existing land
surveys for such property;
(B) a list of existing special reservations,
designations, or purposes of the property;
(C) a list of all known or suspected hazardous
substance contamination of such property, and any
facilities, surface water, or groundwater on such
property;
(D) the status of withdrawal of such property from--
(i) the Mineral Leasing Act; and
(ii) the General Mining Act of 1872; and
(E) a recommendation as to whether such property is
or is not suitable for inclusion in the Wildlife
Refuge.
(3) Inclusion in wildlife refuge.--
(A) In general.--The Secretary shall, not later than
60 days after receiving an assessment submitted
pursuant to paragraph (1), determine if the property
described in such assessment is suitable for inclusion
in the Wildlife Refuge.
(B) Transfer.--If the Secretary determines the
property in an assessment submitted under paragraph (1)
is suitable for inclusion in the Wildlife Refuge, the
head of the Federal department or agency that has
jurisdiction of such property shall transfer such
property to the administrative jurisdiction of the
Secretary for the purposes of this Act.
(4) Property unsuitable for inclusion.--Property determined
by the Secretary to be unsuitable for inclusion in the Wildlife
Refuge based on an assessment submitted under paragraph (1)
shall be subsequently transferred to the Secretary for purposes
of this Act by the head of the department or agency that has
jurisdiction of such property if such property becomes suitable
for inclusion in the Wildlife Refuge as determined by the
Secretary in consultation with the head of the department or
agency that has jurisdiction of such property.
(5) Public access.--If property transferred to the Secretary
under this subsection allows for public access at the time of
transfer, such access shall be maintained unless such access--
(A) would be incompatible with the purposes of the
Wildlife Refuge;
(B) would jeopardize public health or safety; or
(C) must be limited due to emergency circumstances.
PURPOSE OF THE BILL
The purpose of H.R. 2956 is to provide for the
establishment of the Western Riverside County Wildlife Refuge.
BACKGROUND AND NEED FOR LEGISLATION
Riverside County is located in Southern California,
spanning from the Greater Los Angeles area to the Arizona
Border. The county is the fourth most populated in the state
with 2.45 million people.\1\ As a result of this large
population and high growth rates, the Western Riverside County
Regional Conservation Authority was established in 2004 to
implement the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) under Section 10 of the Endangered
Species Act (ESA).\2\ The MSHCP seeks to preserve a half-
million acres of wildlife habitat in order to allow for future
development and transportation projects that are necessary to
accommodate the growing population. The MSHCP protects 146
native species of plants, birds, and animals.\3\ Currently,
there are 32 listed and proposed species in the MSHCP Plan
Area.\4\
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\1\https://www.census.gov/quickfacts/riversidecountycalifornia.
\2\https://www.fws.gov/endangered/esa-library/pdf/
HCP_Incidental_Take.pdf.
\3\https://www.wrc-rca.org/about-rca/.
\4\https://www.rctlma.org/Portals/0/mshcp/volume4/02.html#2.5.
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H.R. 2956 directs the Secretary of the Interior to
establish the Western Riverside County Wildlife Refuge within
the lands and waters of the Plan Area. The purpose of this
refuge is to conserve habitats for future generations, support
the recovery and protection of threatened and endangered
species, and provide the refuge with habitat connectivity and
migratory corridors.
COMMITTEE ACTION
H.R. 2956 was introduced on May 23, 2019, by Representative
Ken Calvert (R-CA). The bill was referred solely to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Oceans, and Wildlife. On September 24,
2019, the Subcommittee held a hearing on the bill. On
January29, 2020, the Natural Resources Committee met to
consider the bill. The Subcommittee was discharged by unanimous
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment in
the nature of a substitute. The amendment in the nature of a
substitute was agreed to by unanimous consent. The bill, as
amended, was adopted and ordered favorably reported to the
House of Representatives by unanimous consent.
On July 1, 2020, the House of Representatives passed H.R.
2, the Moving Forward Act, which included the text of H.R.
2956.\5\
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\5\H.R. 2, 116th Cong. div. L, tit. II, subtitle F (as engrossed in
the House), https://www.congress.gov/116/bills/hr2/BILLS-116hr2eh.pdf.
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HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 2956: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on September 24, 2019.
SECTION-BY-SECTION ANALYSIS
Section 1. Establishment. This section directs the
Secretary of the Interior to establish the Western Riverside
County National Wildlife Refuge (Refuge). This section
identifies the purposes of the Refuge as:
1. To conserve, manage, and restore wildlife habitats for
the benefit of present and future generations of Americans.
2. To conserve species listed as threatened or endangered
under the Endangered Species Act, the California Endangered
Species Act, or covered under the Western Riverside Country
Multiple Species Habitat Conservation Plan.
3. To support the recovery of threatened and endangered
species.
4. To provide for wildlife habitat connectivity and
migratory corridors within the Wildlife Refuge.
Section 2. Boundaries. This section identifies the Refuge's
borders as the lands and waters defined in the Final Western
Riverside County Multiple Species Habitat Conservation Plan
Area.
Section 3. Administration. This section identifies the
Secretary of Interior as the administrator of all federally
owned lands, waters, and interests in the Refuge in accordance
with the National Wildlife Refuge System Administration Act and
this Act. This section allows the Secretary to use additional
statutory authority for the conservation, management, and
restoration of fish and wildlife. In addition, the Secretary
may enter into cooperative agreements for the management of
non-federally owned lands within the Refuge and/or promote
public awareness and participation for the Refuge.
Section 4. Acquisition and Transfers of Lands and Waters
for Wildlife Refuge. This section clarifies how the Secretary
may acquire lands for the Refuge. The Secretary can acquire
lands within the Refuge by donation, purchase, or exchange. The
lands, waters, or interests owned by the state of California
can be acquired only by donation. This section also directs any
federal agency or department director that has jurisdiction
over federal property located within the Refuge to submit an
assessment to the Secretary, who would determine whether each
property is suitable or unsuitable for inclusion within the
Refuge.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause2 (b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 4, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2956, a bill to
provide for the establishment of the Western Riverside County
Wildlife Refuge.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2956 would direct the U.S. Fish and Wildlife Service
(USFWS) to establish the Western Riverside County National
Wildlife Refuge in California. Under the bill, federal agencies
that manage land within the proposed boundary, including the
Bureau of Land Management, the Forest Service, and the Army
Corps of Engineers, would be required to assess the suitability
of transferring the land to USFWS to include in the refuge.
For this estimate, CBO assumes that the bill will be
enacted in fiscal year 2020. Under that assumption, the
affected agencies could incur some costs in 2020, but CBO
expects that most of the costs would be incurred in 2021 and
later.
Using information from the affected agencies, CBO estimates
that the federal government would incur upfront costs of $3
million over the 2020-2025 period to establish the refuge; such
spending would be subject to the availability of appropriated
funds. That amount includes the costs to assess federal land
for inclusion, complete the necessary environmental studies,
and conduct related planning. CBO estimates that the net change
in costs to manage the land would be negligible over the 2020-
2025 period.
H.R. 2956 would authorize USFWS to acquire nonfederal land
by donation, purchase with donated or appropriated funds, or
exchange. CBO expects that any donations, which are classified
in the budget as offsetting receipts or reductions in direct
spending, would be spent soon thereafter, resulting in a
negligible effect on direct spending.
Any income from communication site leases, timber
production, and special use permits on federal land is also
classified in the budget as an offsetting receipt. Under H.R.
2956, the federal government would forgo such receipts from the
affected land because federal land transferred to the refuge
would be unavailable for some of those purposes. However, CBO
expects that federal agencies would probably not transfer land
that generates such income; thus, CBO estimates that any
reduction in those receipts would be insignificant over the
2020-2030 period.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to provide for the establishment of
the Western Riverside County Wildlife Refuge.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]