I 
116TH CONGRESS 
1ST SESSION H. R. 3370 
To authorize the United States Fish and Wildlife Service to seek compensa-
tion 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 
JUNE 19, 2019 
Mr. THOMPSON of California (for himself and Mr. WITTMAN) introduced the 
following bill; which was referred to the Committee on Natural Resources, 
and in addition to the Committee on Appropriations, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Refuge System Protec-
tion Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
DAMAGES.—The 
term 
‘‘damages’’ 
in-
cludes— 
(A) compensation for— 
(i)(I) the cost of replacing, restoring, 
or acquiring the equivalent of a system re-
source; 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 equiva-
lent 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 as-
sessment 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 de-
struction or loss of, or injury to, a system re-
source; 
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(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 re-
source’’ means any living, nonliving, historical, cul-
tural, 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, on request 
of the Secretary, may bring in the district court of the 
United States of appropriate jurisdiction— 
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(1) a civil action against any individual or enti-
ty 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 de-
struction or loss of, or injury or risk to, any 
system resource; or 
(2) an in rem action against any instrumen-
tality (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 destruc-
tion or loss of, or injury or risk to, a system re-
source. 
(b) AFFIRMATIVE DEFENSES.—It shall be an affirm-
ative defense in an action under subsection (a) that— 
(1) the applicable destruction or loss of, or in-
jury to, the system resource was caused by an other-
wise legal act or omission that occurred outside of 
the boundaries of the system resource; 
(2) the applicable destruction or loss of, or in-
jury to, the system resource was caused by an activ-
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ity performed in accordance with Federal, State, or 
local law, regulation, or court order; 
(3) the applicable destruction or loss of, or in-
jury to, the system resource was caused solely by an 
act of God or an act of war; 
(4)(A) the applicable individual, entity, or in-
strumentality exercised due care; and 
(B) the applicable destruction or loss of, or in-
jury to, the system resource was caused solely by an 
act or omission of a third party, other than an em-
ployee or agent of the individual, entity, or instru-
mentality; or 
(5)(A) the applicable destruction or loss of, or 
injury to, the system resource was caused by an in-
dividual, entity, or instrumentality, including an em-
ployee or agent of the individual, entity, or instru-
mentality, 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 
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from the applicable destruction or loss of, or injury to, 
the system resource. 
(d) ADMINISTRATIVE
ACTIONS
FOR
RESPONSE 
COSTS AND DAMAGES.— 
(1) ACTION BY SECRETARY.— 
(A) IN GENERAL.—Subject to paragraph 
(2), the Secretary, after making a finding de-
scribed in subparagraph (B), may consider, 
compromise, and settle a claim for response 
costs and damages if the claim has not been re-
ferred to the Attorney General under subsection 
(a). 
(B) DESCRIPTION OF FINDINGS.—A find-
ing 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 Sec-
retary 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 sub-
section (a) may exceed $500,000 (excluding inter-
est), a claim may be compromised and settled under 
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paragraph (1) only with the prior written approval 
of the Attorney General. 
(e) RESPONSE ACTIONS, ASSESSMENTS
OF DAM-
AGES, 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 de-
struction or loss of, or injury to, a system re-
source; 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 as-
sess and monitor the destruction or loss of, or 
injury to, any system resource for purposes of 
paragraph (1). 
(B) JUDICIAL
REVIEW.—Any determina-
tion or assessment of damage to a system re-
source carried out under subparagraph (A) 
shall be subject to judicial review under sub-
chapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as the 
‘‘Administrative Procedure Act’’), on the basis 
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