[House Report 116-629]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-629

======================================================================
 
   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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                                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]