Western Riverside National Wildlife Refuge Act

To establish the Western Riverside National Wildlife Refuge, and for other purposes. 1. Short title This Act may be cited as the Western Riverside National Wildlife Refuge Act 2. Definitions In this Act: (1) Additional reserve lands The term additional reserve lands (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 (3) County The term County (4) Indian Tribe The term Indian Tribe Indian Self-Determination and Education Assistance Act 25 U.S.C. 5304 (5) Map The term Map Western Riverside National Wildlife Refuge Acquisition Boundary as proposed by the Western Riverside National Wildlife Refuge Act (6) Permittee The term Permittee 16 U.S.C. 1539 (7) Regional Conservation Authority The term Regional Conservation Authority (8) Secretary The term Secretary (9) State The term State (10) Urban Partnership The term Urban Partnership (11) Urban Wildlife Refuge The term Urban Wildlife Refuge (12) Wildlife habitat The term wildlife habitat (A) by the Secretary; or (B) in section 3.2.3 of the Conservation Plan. (13) Wildlife Refuge The term Wildlife Refuge 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. (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. (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. (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. (II) sections 2319 through 2344 of the Revised Statutes (commonly known as the Mining Law of 1872 30 U.S.C. 22 et seq. (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.

Summary: Western Riverside National Wildlife Refuge Act This bill establishes the Western Riverside National Wildlife Refuge. On the first acquisition by, or transfer to, the U.S. Fish and Wildlife Service (FWS) of any land, water, or any interest in land or water within the acquisition boundary of the wildlife refuge, the FWS shall establish the wildlife refuge as a unit of the National Wildlife Refuge System. The uses of the wildlife refuge shall include providing (1) opportunities for scientific research, environmental education, and fish and wildlife-oriented recreation; and 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. The wildlife refuge shall be administered as an urban wildlife refuge. No acquisition or transfer of property under this bill shall modify or revoke existing access to or use by affected Indian tribes, except as specified.