[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6413 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6413

 To establish the Sacramento River National Recreation Area consisting 
 of certain public lands administered by the Bureau of Land Management 
   in Tehama and Shasta Counties, California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2006

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

_______________________________________________________________________

                                 A BILL



 To establish the Sacramento River National Recreation Area consisting 
 of certain public lands administered by the Bureau of Land Management 
   in Tehama and Shasta Counties, California, 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. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sacramento River 
National Recreation Area Establishment Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Sacramento River National Recreation Area, California.
Sec. 5. Purpose and management of recreation area.
Sec. 6. Sacramento River National Recreation Area Advisory Council.
Sec. 7. Recreational facilities.
Sec. 8. Hunting and fishing.
Sec. 9. Use of motorized vehicles.
Sec. 10. Water rights exclusion.
Sec. 11. Private property.
Sec. 12. Grazing.
Sec. 13. State and local jurisdiction.
Sec. 14. Limitation on fees.
Sec. 15. Activities outside recreation area.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Outdoors recreational opportunities available on public 
        lands at the Sacramento River Bend Area in Northern California 
        are abundant and diverse and have made these lands a 
        destination point for the recreating public.
            (2) Statutory protection of the use and enjoyment of these 
        lands is needed to ensure that they continue to be a source of 
        enjoyment and inspiration for all Americans.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Recreation area.--The term ``recreation area'' means 
        the Sacramento River National Recreation Area established by 
        this Act.
            (2) Advisory council.--The term ``advisory council'' means 
        the Sacramento River National Recreation Area Advisory Council 
        established by this Act.
            (3) Management plan.--The term ``management plan'' means 
        the management plan for the recreation area, as developed and 
        implemented pursuant to this Act.
            (4) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (5) Redding field office.--The term ``Redding Field 
        Office'' means the Redding, California, Field Office of the 
        Bureau of Land Management.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. SACRAMENTO RIVER NATIONAL RECREATION AREA, CALIFORNIA.

    (a) Establishment.--In order to preserve and enhance recreational 
opportunities on public lands described in subsection (b) and to 
promote local economic development through recreation involving these 
lands, there is hereby established the Sacramento River National 
Recreation Area.
    (b) Area.--The recreation area consists of approximately 17,000 
acres of public lands adjacent to the Sacramento River, and between its 
tributaries of Battle Creek and Seven Mile Creek, in Tehama and Shasta 
Counties, California, as generally depicted on the map entitled 
``Tehama County, California, Board of Supervisors Proposed Sacramento 
River NRA Boundary Map'' and dated December 1, 2006.
    (c) Legal Descriptions; Correction of Errors.--
            (1) Preparation.--The Secretary of the Interior, in 
        consultation with the advisory council, shall prepare a final 
        map and legal descriptions of the boundaries of the recreation 
        area.
            (2) Submission.--The map and legal descriptions shall be 
        submitted to the Committee on Resources of the House of 
        Representatives and to the Committee on Energy and Natural 
        Resources of the Senate as soon as practicable, but in no event 
        later than two years after the date of the enactment of this 
        Act.
            (3) Legal effect.--The map and legal descriptions of the 
        recreation area shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct 
        clerical and typographical errors in the map and legal 
        descriptions. The map shall be on file and available for public 
        inspection in appropriate offices of the Bureau of Land 
        Management.

SEC. 5. PURPOSE AND MANAGEMENT OF RECREATION AREA.

    (a) Management Purposes.--The Secretary, acting through the Redding 
Field Office, shall manage the recreation area for the following 
purposes:
            (1) To enhance managed recreational opportunities, 
        including hiking, camping, equestrian activities, mountain 
        biking, picnicking, wildlife viewing, hunting, fishing, geo-
        caching, marksmanship, swimming, archery, rafting, canoeing, 
        kayaking, and boating.
            (2) To promote local economic development through 
        recreation.
    (b) Management Plan.--
            (1) Development.--Not later than three years after the date 
        of the enactment of this Act, the Secretary shall complete a 
        management plan for the recreation area to further the 
        management purposes specified in subsection (a). As provided in 
        section 6, the Secretary shall utilize the Sacramento River 
        National Recreation Area Advisory Council in the development of 
        the management plan and in making any amendment to the 
        management plan under paragraph (3).
            (2) Reporting requirement.--On an annual basis, the 
        Secretary shall submit to the advisory council a report on the 
        implementation of the management plan. As part of the report, 
        the Secretary may suggest such amendments to the management 
        plan as the Secretary considers necessary to further the 
        management purposes.
            (3) Amendments.--The Secretary may make such amendments to 
        the management plan as the Secretary considers necessary to 
        further the management purposes.
    (c) Public Participation.--In the development and amendment of the 
management plan, the Secretary shall encourage and solicit 
participation of the public at large, including landowners in the 
vicinity of the recreation area, interested individuals, organizations, 
elected officials of local jurisdictions, and government agencies.

SEC. 6. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL.

    (a) Establishment and Purpose.--There is established an advisory 
committee to be known as the ``Sacramento River National Recreation 
Area Advisory Council'' for the purpose of--
            (1) ensuring public involvement in the management of the 
        recreation area;
            (2) providing advice, guidance, and recommendations to the 
        Secretary pertaining to the development, implementation, and 
        amendment of the management plan; and
            (3) improving collaborative relationships among persons and 
        entities interested in the management of the recreation area.
    (b) Composition of Council.--The advisory council shall consist of 
the following members:
            (1) The Governor of California or the designee of the 
        Governor.
            (2) Three individuals who represent Tehama County, 
        California, appointed by the Board of Supervisors of Tehama 
        County.
            (3) One individual who represents Shasta County, 
        California, appointed by the Board of Supervisors of Shasta 
        County.
            (4) Five individuals who reside within the jurisdictional 
        boundaries of the Redding Field Office and represent the 
        recreation community, appointed as provided in paragraph (2).
            (5) One individual who represents the interests of private 
        landowners in Bend, California, appointed as provided in 
        paragraph (2).
            (6) One individual who represents the interests of 
        agriculture in Tehama County, California, appointed as provided 
        in paragraph (2).
            (7) One individual who resides within the jurisdictional 
        boundaries of the Redding Field Office and represents the 
        conservation community, appointed as provided in paragraph (2).
    (c) Terms.--Members of the advisory council appointed under 
subsection (b) shall serve a term of three 3 years and may be 
reappointed, except that--
            (1) one-third of the members initially appointed shall be 
        appointed for a term of one year; and
            (2) one-third of the members initially appointed shall be 
        appointed for a term of two years.
    (d) Chairperson.--The members of the advisory council shall elect a 
chairperson. The chairperson shall serve a term of one year and may be 
reelected.
    (e) Consultation.--The Secretary shall consult with the advisory 
council on a periodic basis to discuss matters relating to the 
development and implementation of the management plan for the 
recreation area.
    (f) Meetings.--The advisory council shall meet at the pleasure of 
the Secretary, though it shall meet no fewer than four times annually 
while the management plan is being developed, unless such meetings are 
determined by a majority of members of the advisory council to be 
unnecessary. Meetings of the advisory council shall be open to the 
public, and the advisory council shall provide interested persons a 
reasonable opportunity at a meeting to comment on the management of the 
recreation area. The Secretary shall provide appropriate notice of the 
time, date, and location of each meeting of the advisory council.
    (g) Compensation.--Members of the advisory council shall serve 
without pay.
    (h) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the advisory council.

SEC. 7. RECREATIONAL FACILITIES.

    The Secretary may develop public recreational facilities to further 
the management purposes of the recreation area specified in section 
5(a). Such facilities may include trails, restrooms, parking areas, 
road pullouts, signs, campgrounds, stream crossings, interpretive 
centers, and administrative facilities reasonably appurtenant to 
recreational facilities.

SEC. 8. HUNTING AND FISHING.

    Nothing in this Act shall be construed--
            (1) to require or authorize the Secretary to diminish or 
        prohibit hunting and fishing in the recreation area; or
            (2) to authorize the Secretary to supercede State law as it 
        pertains to hunting and fishing.

SEC. 9. USE OF MOTORIZED VEHICLES.

    (a) Limited to Designated Roadways.--Except as provided in 
subsection (b), motorized vehicle use on lands within the boundaries of 
the recreation area shall be permitted only on designated roadways.
    (b) Exception.--Subsection (a) shall not apply to the use of 
motorized vehicles in the recreation area authorized by the Secretary--
            (1) for maintenance or construction undertaken to further 
        the management purposes of the recreation area specified in 
        section 5(a); or
            (2) for emergency or other authorized administrative 
        purposes.

SEC. 10. WATER RIGHTS EXCLUSION.

    Nothing in this Act shall be construed as authorizing the Secretary 
to acquire water rights to further the purposes of this Act.

SEC. 11. PRIVATE PROPERTY.

    (a) Access to Private Property.--The Secretary shall provide any 
owner of private property within the boundaries of the recreation area 
access to the property to ensure the use and enjoyment of the property 
by the owner.
    (b) Improvements to Private Property.--Nothing in this Act shall be 
construed as limiting or diminishing the rights of any owner of private 
property within or adjacent to the recreation area, or any owner of an 
easement or right of way over public lands included in the recreation 
area that is used to provide access to privately held land located 
within or adjacent to the boundaries of the recreation area, to 
undertake improvements or enhancements to such property to ensure the 
continued use and enjoyment thereof.

SEC. 12. GRAZING.

    Nothing in this Act shall be construed to prohibit, limit, or 
restrict the grazing of livestock within the recreation area.

SEC. 13. STATE AND LOCAL JURISDICTION.

    Nothing in this Act shall be construed to diminish, enlarge, or 
modify any right of the State of California or any political 
subdivision of the State, to carry out State or local laws, rules, and 
regulations within the boundaries of the recreation area for the 
purposes of ensuring public safety and the general welfare of the 
public.

SEC. 14. LIMITATION ON FEES.

    The Secretary shall not charge any fee for same-day access to, or 
use of, the recreation area, unless a significant service is provided, 
as required by the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6801 et seq.).

SEC. 15. ACTIVITIES OUTSIDE RECREATION AREA.

    The establishment of the recreation area shall not be construed 
to--
            (1) create a protective perimeter or buffer zone around the 
        recreation area; or
            (2) preclude uses or activities outside the recreation area 
        that are permitted under other applicable laws, even if the 
        uses or activities are prohibited within the recreation area.
                                 <all>