II 117th CONGRESS 2d Session S. 4669 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.

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 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). 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.