S. 2560Senate113th Congress (2013-2015)In Committee

United States Fish and Wildlife Service Resource Protection Act

Introduced June 26, 2014

Legislative Activity

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3 earlier actions
SenateCommittee Latest Action

Committee on Environment and Public Works Senate Subcommittee on Water and Wildlife. Hearings held. With printed Hearing: S.Hrg. 113-772.

July 16, 2014

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SenateIntro Referral

Introduced in Senate

June 26, 2014

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S4160-4162)

June 26, 2014

SenateIntro Referral

Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S4162)

June 26, 2014

SenateCommittee

Committee on Environment and Public Works Senate Subcommittee on Water and Wildlife. Hearings held. With printed Hearing: S.Hrg. 113-772.

July 16, 2014

Floor Debate

6 members

What members said about S. 2560 on the floor

1 Republican4 Democrats1 Independent
Bernard Sanders
Sen. Bernard SandersI-VT · Jun 26, 2014

Mr. President, as we are about to begin the Fourth of July district work period in my State and throughout this country, many people are going to be getting into their automobiles and they are going…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 26, 2014

Mr. President, I rise today to speak about a bill I am introducing that will provide the Department of Interior the necessary and appropriate authority to seek compensation from responsible parties…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jun 26, 2014

Mr. President, I rise today to speak about a bill I am introducing that will provide the Department of Interior the necessary and appropriate authority to seek compensation from responsible parties…

Jack Reed
Sen. Jack ReedD-RI · Jun 26, 2014

Mr. President, I am pleased to introduce the Core Opportunity Resources for Equity and Excellence Act with my colleague Senator Brown. I would also like to thank Representatives Fudge, Hinojosa, and…

Heidi  Heitkamp
Sen. Heidi HeitkampD-ND · Jun 26, 2014

Mr. President, on December 30, 2013, outside of Casselton, ND, a train carrying crude oil derailed setting off a series of explosions and fire. The first on the scene that day were our local first…

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John Cornyn
Sen. John CornynR-TX · Jun 26, 2014

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 26, 2014

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued June 26, 2014

II

113th CONGRESS

2d Session

S. 2560

IN THE SENATE OF THE UNITED STATES

June 26, 2014

Mr. Cardin (by request) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To authorize the United States Fish and Wildlife Service to seek compensation for injuries to trust resources and use those funds to restore, replace, or acquire equivalent resources, and for other purposes.

1.

Short title

This Act may be cited as the United States Fish and Wildlife Service Resource Protection Act.

2.

Definitions

In this Act:

(1)

Damages

The term damages means—

(A)

compensation for—

(i)
(I)

the cost of replacing, restoring, or acquiring the equivalent of a system resource; 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 equivalent 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 assessment 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 destruction or loss of, or injury to, a system resource;

(B)

to abate or minimize the imminent risk of such destruction, loss, or injury; or

(C)

to monitor the ongoing effects of any incident causing such destruction, loss, or injury.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

System resource

The term system resource means any living, nonliving, historical, cultural, 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 managed by the United States Fish and Wildlife Service, including any land managed cooperatively with any other Federal or State agency.

3.

Liability

(a)

In general

Subject to subsection (c), any individual or entity that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injuries or risk to, any system resource, shall be liable to the United States for any response costs or damages resulting from the destruction, loss, or injury.

(b)

Liability in rem

Any instrumentality (including a vessel, vehicle, aircraft, or other equipment or mechanism) that destroys, causes the loss of, or injures any system resource, or that causes the Secretary to carry out any action to prevent, minimize, or abate destruction or loss of, or injury or risk to, a system resource shall be liable in rem to the United States for any response costs or damages resulting from the destruction, loss, or injury, to the same extent that an individual or entity is liable under subsection (a).

(c)

Defenses

An individual or entity shall not be liable under this section, if the individual or entity can establish that—

(1)

the destruction or loss of, or injury to, the system resource was caused solely by an act of God or an act of war; or

(2)
(A)

the individual or entity exercised due care; and

(B)

the destruction or loss of, or injury to, the system resource was caused solely by an act or omission of a third party, other than an employee or agent of the individual or entity.

(d)

Scope

The liability established by this section shall be in addition to any other liability arising under Federal or State law.

4.

Actions

(a)

Civil actions for response costs and damages

The Attorney General, on request of the Secretary, may commence a civil action in the United States district court of appropriate jurisdiction against any individual, entity, or instrumentality that may be liable under section 3 for response costs or damages.

(b)

Administrative actions for response costs and damages

(1)

Action by Secretary

(A)

In general

Subject to paragraph (2), the Secretary, after making a finding described in subparagraph (B), may consider, compromise, and settle a claim for response costs and damages if the claim has not been referred to the Attorney General under subsection (a).

(B)

Description of findings

A finding referred to in subparagraph (A) is a finding that—

(i)

destruction or loss of, or injury to, a system resource has occurred; or

(ii)

such destruction, loss, or injury would occur absent an action by the Secretary to prevent, minimize, or abate the destruction, loss, or injury.

(2)

Requirement

In any case in which the total amount to be recovered in a civil action under subsection (a) may exceed $500,000 (excluding interest), a claim may be compromised and settled under paragraph (1) only with the prior written approval of the Attorney General.

(c)

Response actions, assessments of damages, and injunctive relief

(1)

In general

The Secretary may carry out all necessary actions (including making a request to the Attorney General to seek injunctive relief)—

(A)

to prevent, minimize, or abate destruction or loss of, or injury to, a system resource; or

(B)

to abate or minimize the imminent risk of such destruction, loss, or injury.

(2)

Assessment and monitoring

(A)

In general

The Secretary may assess and monitor the destruction or loss of, or injury to, any system resource for purposes of paragraph (1).

(B)

Judicial review

Any determination or assessment of damage to a system resource carried out under subparagraph (A) shall be subject to judicial review under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), on the basis of the administrative record developed by the Secretary.

5.

Use of recovered amounts

(a)

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 Federal, State, or local law (including regulations) or otherwise as a result of the destruction or loss of, or injury to, any system resource shall be made available to the Secretary, without further appropriation, for use in accordance with subsection (b).

(b)

Use

The Secretary may use amounts made available under subsection (a) only, in accordance with applicable law—

(1)

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 appropriate;

(2)

to restore, replace, or acquire the equivalent of a system resource that was destroyed, lost, or injured; or

(3)

to monitor and study system resources.

6.

Donations

(a)

In general

In addition to any other authority to accept donations, the Secretary may accept donations of money or services for expenditure or use to meet expected, immediate, or ongoing response costs and damages.

(b)

Timing

A donation described in subsection (a) may be expended or used at any time after acceptance of the donation, without further action by Congress.

7.

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 of title I of the Department of the Interior and Related Agencies Appropriations Act, 1994 (43 U.S.C. 1474b–1), is amended by striking Provided, That and all that follows through activities. and inserting the following: Provided, That notwithstanding any other provision of law, any amounts appropriated or credited during fiscal year 1992 or any fiscal year thereafter may be transferred to any account (including through a payment to any Federal or non-Federal trustee) to carry out a negotiated legal settlement or other legal action for a restoration activity under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), the Act of July 27, 1990 (16 U.S.C. 19jj et seq.), or the United States Fish and Wildlife Service Resource Protection Act, or for any damage assessment activity: Provided further, 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 payments, but may include stocks, bonds, or other personal or real property, which may be retained, liquidated, or otherwise disposed of by the Secretary for the restoration of injured resources or to conduct any new damage assessment activity..