,i #aafth ,,congress #ast ,session ,h4 ,r4 #ccgj ,,in ,,the ,,house ,,of ,,representatives ,june #ai1 #bjai,mr4 ,thompson of ,california 7for himself and ,mr4 ,wittman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,appropriations1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,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 restore1 replace1 or acquire equivalent resources1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,refuge ,system ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,damages ,the term damages includes-- 7,a7 compensation for-- 7i7 7,i7 the cost of replacing1 restoring1 or acquiring the equivalent of a system resource2 and 7,,ii7 the value of any significant loss of use of a system resource1 pending-- 7aa7 restoration or replacement of the system resource2 or 7bb7 the acquisition of an equivalent resource2 or 7ii7 the value of a system resource1 if the system resource cannot be replaced or restored2 and 7,b7 the cost of any relevant damage assessment carried out pursuant to section #d7;c74 7#b7 ,response cost ,the term response cost means the cost of any action carried out by the ,secretary-- 7,a7 to prevent1 minimize1 or abate the destruction or loss of1 or injury to1 a system resource2 7,b7 to abate or minimize the imminent risk of any destruction1 loss1 or injury described in subparagraph 7,a72 or 7,c7 to monitor the ongoing effects of any incident causing any destruction1 loss1 or injury described in subparagraph 7,a74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#d7 ,system resource ,the term system resource means any living1 nonliving1 historical1 cultural1 or archeological resource that is located within the boundaries of-- 7,a7 a unit of the ,national ,wildlife ,refuge ,system2 7,b7 a unit of the ,national ,fish ,hatchery ,system2 or 7,c7 any other land or water managed by the ,director of the ,united ,states ,fish and ,wildlife ,service1 including any land or water managed cooperatively with any other ,federal or ,state agency4 #c4 ,actions 7a7 ,in general ,the ,attorney ,general1 on request of the ,secretary1 may bring in the district court of the ,united ,states of appropriate jurisdiction-- 7#a7 a civil action against any individual or entity that-- 7,a7 destroys1 causes the loss of1 or injures any system resource2 or 7,b7 causes the ,secretary to carry out any action to prevent1 minimize1 or abate the destruction or loss of1 or injury or risk to1 any system resource2 or 7#b7 an in rem action against any instrumentality 7including a vessel1 vehicle1 aircraft1 or other equipment or mechanism7 that-- 7,a7 destroys1 causes the loss of1 or injures any system resource2 or 7,b7 causes the ,secretary to carry out any action to prevent1 minimize1 or abate destruction or loss of1 or injury or risk to1 a system resource4 7b7 ,affirmative defenses ,it shall be an affirmative defense in an action under subsection 7a7 that-- 7#a7 the applicable destruction or loss of1 or injury to1 the system resource was caused by an otherwise legal act or omission that occurred outside of the boundaries of the system resource2 7#b7 the applicable destruction or loss of1 or injury to1 the system resource was caused by an activity performed in accordance with ,federal1 ,state1 or local law1 regulation1 or court order2 7#c7 the applicable destruction or loss of1 or injury to1 the system resource was caused solely by an act of ,god or an act of war2 7#d7 7,a7 the applicable individual1 entity1 or instrumentality exercised due care2 and 7,b7 the applicable destruction or loss of1 or injury to1 the system resource was caused solely by an act or omission of a third party1 other than an employee or agent of the individual1 entity1 or instrumentality2 or 7#e7 7,a7 the applicable destruction or loss of1 or injury to1 the system resource was caused by an individual1 entity1 or instrumentality1 including an employee or agent of the individual1 entity1 or instrumentality1 acting in physical self-defense or defense of others against physical harm2 and 7,b7 the physical defense was-- 7i7 reasonably necessary2 7ii7 without reasonable alternative2 and 7iii7 not excessive under the circumstances4 7c7 ,damages ,in an action under subsection 7a71 the court may award response costs and damages resulting from the applicable destruction or loss of1 or injury to1 the system resource4 7d7 ,administrative actions for response costs and damages 7#a7 ,action by ,secretary 7,a7 ,in general ,subject to paragraph 7#b71 the ,secretary1 after making a finding described in subparagraph 7,b71 may consider1 compromise1 and settle a claim for response costs and damages if the claim has not been referred to the ,attorney ,general under subsection 7a74 7,b7 ,description of findings ,a finding referred to in subparagraph 7,a7 is a finding that-- 7i7 destruction or loss of1 or injury to1 a system resource has occurred2 or 7ii7 that destruction1 loss1 or injury would occur absent an action by the ,secretary to prevent1 minimize1 or abate the destruction1 loss1 or injury4 7#b7 ,requirement ,in any case in which the total amount to be recovered in an action under subsection 7a7 may exceed #ejj1jjj 7excluding interest71 a claim may be compromised and settled under paragraph 7#a7 only with the prior written approval of the ,attorney ,general4 7e7 ,response actions1 assessments of damages1 and injunctive relief 7#a7 ,in general ,the ,secretary may carry out any necessary action 7including making a request to the ,attorney ,general to seek injunctive relief7-- 7,a7 to prevent1 minimize1 or abate the destruction or loss of1 or injury to1 a system resource2 or 7,b7 to abate or minimize the imminent risk of that destruction1 loss1 or injury4 7#b7 ,assessment and monitoring 7,a7 ,in general ,the ,secretary may assess and monitor the destruction or loss of1 or injury to1 any system resource for purposes of paragraph 7#a74 7,b7 ,judicial review ,any determination or assessment of damage to a system resource carried out under subparagraph 7,a7 shall be subject to judicial review under subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 on the basis of the administrative record developed by the ,secretary4 7f7 ,scope ,the liability established by this section shall be in addition to any other liability arising under ,federal or ,state law4 #d4 ,use of recovered amounts 7a7 ,in general ,an amount equal to the total amount of the response costs and damages recovered by the ,secretary under this ,act and any amounts recovered by the ,federal ,government under any provision of ,federal1 ,state1 or local law 7including regulations7 or otherwise as a result of the destruction or loss of1 or injury to1 any system resource shall be made available to the ,secretary1 without further appropriation1 for use in accordance with subsection 7b74 7b7 ,use ,the ,secretary may use amounts made available under subsection 7a7 only1 in accordance with applicable law-- 7#a7 to reimburse response costs and damage assessments carried out pursuant to this ,act by the ,secretary or such other ,federal agency as the ,secretary determines to be appropriate2 7#b7 to restore1 replace1 or acquire the equivalent of a system resource that was destroyed1 lost1 or injured2 or 7#c7 to monitor and study the recovery of the system resources that were destroyed1 lost1 or injured4 7c7 ,allocation ,the ,secretary shall-- 7#a7 allocate for use under subsection 7b7 the amount of response costs and damages recovered with respect to each system resource and made available under subsection 7a7 to the unit1 land1 or water described in section #b7d7 within which the system resource was located at the time of the destruction1 loss1 or injury2 and 7#b7 after the allocation under paragraph 7#a71 allocate any remaining amounts for such use under subsection 7b7 as the ,secretary determines to be appropriate4 #e4 ,donations 7a7 ,in general ,in addition to any other authority to accept donations1 the ,secretary may accept donations of money or services for expenditure or use to meet expected1 immediate1 or ongoing response costs and damages4 7b7 ,timing ,a donation described in subsection 7a7 may be expended or used at any time after acceptance of the donation1 without further action by ,congress4 #f4 ,transfer of funds from ,natural ,resource ,damage ,assessment and ,restoration ,fund ,the matter under the heading ,natural ,resource ,damage ,assessment and ,restoration ,fund under the heading ,united ,states ,fish and ,wildlife ,service in title ,i of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiid 7#dc ,u4,s4,c4 #adgd;b-#a71 is amended by striking ,provided1 ,that and all that follows through activities4 and inserting the following3 ,provided1 ,that notwithstanding any other provision of law1 any amounts appropriated or credited during fiscal year #aiib or any fiscal year thereafter may be transferred to any account 7including through a payment to any ,federal or non-,federal trustee7 to carry out a negotiated legal settlement or other legal action for a restoration activity under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgja et seq471 section #ajjgba of title #ed1 ,united ,states ,code1 or the ,refuge ,system ,protection ,act3 ,provided further1 ,that sums provided by any individual or entity before or after the date of enactment of this ,act shall remain available until expended and shall not be limited to monetary payments1 but may include stocks1 bonds1 or other personal or real property1 which may be retained1 liquidated1 or otherwise disposed of by the ,secretary for the restoration of injured resources or to conduct any new damage assessment activity44