[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3554 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3554

To transfer to the State of California certain Federal land in Yolo and 
  Solano Counties, California, to provide for the establishment of a 
          wildlife area on that land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 20, 2001

   Mr. Ose introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To transfer to the State of California certain Federal land in Yolo and 
  Solano Counties, California, to provide for the establishment of a 
          wildlife area on that land, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRANSFER OF LAND.

    (a) In General.--As soon as practicable after the date of the 
enactment of this Act, the Secretary of the Interior shall transfer to 
the State of California all right, title, and interest of the United 
States in and to the approximately 2,868 acres of land described in 
subsection (b).
    (b) Land Described.--The land referred to in subsection (a) is 
described as follows:
            (1) Prospect island.--The approximately 1,228 acres of land 
        known as Prospect Island and generally depicted on the map 
        entitled ____ and dated ____.
            (2) Little holland tract.--The approximately 1,640 acres of 
        land west of Prospect Island known as the Little Holland Tract 
        and generally depicted on the map entitled ____ and dated ____.

SEC. 2. CONDITIONS OF TRANSFER.

    The Secretary shall make the transfer under section 1 only under 
the following conditions:
            (1) Hold harmless.--Prior to or contemporaneous with the 
        transfer, the State enters into a written agreement with the 
        Secretary to hold the United States harmless from all claims 
        arising from or through the operation of the land and 
        improvements transferred.
            (2) Management plan required.--Prior to the transfer, the 
        State shall submit to the Secretary a Management Plan. The 
        Secretary shall only approve the Management Plan if it--
                    (A) meets the criteria in section 4; and
                    (B) has been developed with the input of an 
                advisory board that meets the criteria in section 5.
            (3) Administration of land.--
                    (A) Before approval of management plan.--Before the 
                approval of a Management Plan under paragraph (2), the 
                State shall administer the land transferred under 
                section 1 substantially in accordance with the 
                requirements for the Management Plan as set forth in 
                section 4.
                    (B) After approval of management plan.--After 
                approval of the Management Plan under paragraph (2), 
                the State shall administer the land transferred under 
                section 1 in accordance with the approved Management 
                Plan.
                    (C) Amendments and modifications to management 
                plan.--The State shall not act on any amendment to or 
                modification of the approved Management Plan unless the 
                amendment or modification has been approved by the  
Secretary in the same manner that the Management Plan was approved.
            (4) Conditions for acquisition of certain waters.--Prior to 
        or contemporaneous with the transfer, the State enters into a 
        written agreement with the Secretary stating that the State 
        agrees not to acquire for the Wildlife Area any right to water 
        within the Sacramento River Watershed until after--
                    (A) the State has completed the appropriate 
                environmental documentation for the acquisition; and
                    (B) such acquisition is approved by the board of 
                supervisors for each originating source county and 
                destination county prior to the acquisition.

SEC. 3. AUTHORITY OF STATE BOARD OF RECLAMATION.

    Notwithstanding the provisions of the Management Plan, the State 
Board of Reclamation may increase the flood conveyance capacity of the 
Yolo Bypass if the State Board of Reclamation determines that such an 
increase is necessary to protect land, property, or people located 
within the State that are within or outside of the boundaries of the 
Wildlife Area. The authority of the State Board of Reclamation under 
this section shall not be subject to review by, nor may it be 
superseded by, any action by the United States Army Corp of Engineers.

SEC. 4. MANAGEMENT PLAN.

    The Management Plan shall--
            (1) provide that the primary purpose of the Wildlife Area 
        is flood control;
            (2) provide for perpetuation of the ecosystem of the 
        Wildlife Area;
            (3) provide for the preservation, restoration, and 
        enhancement of natural ecosystems of all species of animals and 
        plants that are endangered species or threatened species (as 
        those terms are used in the Endangered Species Act of 1973 (16 
        U.S.C. 1331 et seq.)) and that occur within the Wildlife Area;
            (4) provide for the preservation and restoration of all 
        species of animals and plants in the Wildlife Area that are 
        listed under the Endangered Species Act of 1973 (16 U.S.C. 1331 
        et seq.), including the conservation, enhancement, and 
        restoration of the habitat of those animals and plants;
            (5) provide for perpetual conservation of the natural 
        diversity and abundance of fauna and flora on land and waters 
        in the Wildlife Area;
            (6) contain provisions for exhibits and facilities and 
        regular educational programs throughout the Wildlife Area to 
        provide opportunities for the public to participate in high-
        quality, wildlife-related educational and recreational 
        experiences in order to develop a greater understanding of and 
        appreciation for fish and wildlife ecology and the role of 
        humans in the environment;
            (7) encourage the use of volunteers and facilitate 
        partnerships among the Federal Government, local communities, 
        conservation organizations, and other non-Federal entities to 
        promote public awareness of the resources of the Wildlife Area 
        and public participation in the conservation of those 
        resources;
            (8) provide scientific research opportunities consistent 
        with the purposes and needs of the Wildlife Area;
            (9) contain provisions for planning and design of trails 
        within the Wildlife Area and public access points to those 
        trails;
            (10) contain provisions that allow for hunting and fishing 
        within the Wildlife Area; and
            (11) contain provisions for planning of wildlife and 
        habitat restoration within the Wildlife Area.

SEC. 5. ADVISORY BOARD.

    (a) General Requirements.--In order to meet the conditions under 
section 2, the advisory board that develops the Management Plan shall 
meet the requirements of this section.
    (b) Total Number of Members.--The advisory board shall have 9 
members as follows:
            (1) One member appointed by each of the following:
                    (A) The mayor of the city of West Sacramento.
                    (B) The Yolo County Board of Supervisors.
                    (C) The Solano County Board of Supervisors.
                    (D) The Solano County Farm Bureau.
                    (E) The Yolo County Farm Bureau.
                    (F) The mayor of the city of Rio Vista.
            (2) A representative of the California Waterfowl 
        Association appointed by the Association.
            (3) A representative of the North Delta Water Agency 
        appointed by that Agency.
            (4) One member appointed by the Delta Protection 
        Commission.
    (c) Chairperson.--The chairperson of the advisory board shall be 
elected by the members from the members  appointed under subsection 
(b)(1). The term of office of the chairperson shall be 2 years.
    (d) Meetings.--The advisory board shall meet not less than monthly 
until a management plan is submitted under section 2(2) and at the call 
of a majority of its members thereafter.
    (e) Quorum.--A quorum shall consist of 50 percent of the members 
appointed under subsection (b)(1).
    (f) Advisory Board Procedures.--
            (1) Meetings open to public.--Each advisory board meeting 
        shall be open to the public.
            (2) Input by interested persons.--Interested persons shall 
        be permitted to attend the meetings of, or file statements 
        with, the advisory board.
            (3) Minutes.--Detailed minutes of each meeting of the 
        advisory board shall be kept and shall contain a record of the 
        persons present, a complete and accurate description of matters 
        discussed and conclusions reached, and copies of all reports 
        received, issued, or approved by the advisory board. The 
        accuracy of all minutes shall be certified to by the chairman 
        of the advisory board.
    (g) Duties.--The duties of the advisory board shall be--
            (1) to develop, submit, and provide local oversight of the 
        management plan in accordance with the Act; and
            (2) to advise the State regarding management of the 
        Wildlife Area.
    (h) Public Participation.--The advisory board shall give special 
consideration to views by local public and private entities and 
individuals in implementing the Management Plan.
    (i) Staff.--The State shall provide staff for the advisory board, 
under terms and conditions established by the State Secretary of 
Resources.
    (j) Administrative Support Services.--Upon the request of the 
advisory board, the State shall provide to the advisory board, on a 
reimbursable basis, the administrative support services necessary for 
the advisory board to carry out its responsibilities under this 
section.
    (k) Reports.--The advisory board shall submit an annual report and 
such interim reports as the advisory board considers appropriate to the 
Secretary and the State Secretary of Resources.
    (l) No Federal Funds.--The requirements of this section are a 
condition of the transfer authorized by section 1 and no Federal funds 
may be used to provide compensation to members of the advisory board or 
to carry out any provision of this section.

SEC. 6. CONTINUED LAND USE.

    Nothing in this Act shall be construed as prohibiting or 
preventing, and it shall be a condition of the transfer of land under 
this Act that the State shall not for purposes of the Wildlife Area 
prohibit or prevent, the continuation of ordinary and customary farming 
and ranching practices within the Wildlife Area and on land outside the 
exterior boundaries of the Wildlife Area.

SEC. 7. WATER USE.

    Nothing in this Act or the creation of the Wildlife Area shall be 
construed as authorizing any increase, relinquishment, or reduction of 
any water use or rights reserved or appropriated by the United States.

SEC. 8. DEFINITIONS.

    For the purposes of this Act:
            (1) Management plan.--The term ``Management Plan'' means 
        the management plan for the land transferred to the State under 
        section 1.
            (2) Wildlife area.--The term ``Wildlife Area'' means the 
        land transferred to the State under section 1.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of 
        California.
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