[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3879 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3879

To establish the Sacramento River National Recreation Area in the State 
                             of California.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Sacramento River National Recreation Area in the State 
                             of California.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sacramento River National Recreation 
Area Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``Advisory Council'' means 
        the Sacramento River National Recreation Area Advisory Council 
        established by section 5(a).
            (2) Management plan.--The term ``management plan'' means 
        the management plan for the Recreation Area prepared under 
        section 4(c).
            (3) Recreation area.--The term ``Recreation Area'' means 
        the Sacramento River National Recreation Area.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of 
        California.

SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NATIONAL RECREATION AREA.

    (a) In General.--To conserve, protect, and enhance the landscape 
described in subsection (b) in order to promote the outstanding 
recreational, ecological, geological, scenic, cultural, and historic 
resources, fish and wildlife values, and other resources of the 
landscape, there is established the Sacramento River National 
Recreation Area in the State, to be managed by the Secretary.
    (b) Boundaries.--The Recreation Area shall consist of approximately 
17,869 acres of Federal land in Tehama County and Shasta County, 
California, adjacent to the Sacramento River, lower Battle Creek, and 
lower Paynes Creek, as generally depicted on the map entitled 
``Sacramento River National Recreation Area'' and dated February 2, 
2010.
    (c) Map.--
            (1) In general.--As soon as practicable, but not later than 
        3 years, after the date of enactment of this Act, the Secretary 
        shall submit a map and legal description of the Recreation Area 
        to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Effect.--The map and legal description submitted under 
        paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretary may correct any 
        clerical and typographical errors in the map and legal 
        description.
            (3) Availability.--Copies of the map submitted under 
        paragraph (1) shall be on file and available for public 
        inspection in--
                    (A) the Office of the Director of the Bureau of 
                Land Management; and
                    (B) the appropriate office of the Bureau of Land 
                Management in California.
    (d) Inclusion in National Landscape Conservation System.--The 
Recreation Area shall be included in the National Landscape 
Conservation System.

SEC. 4. MANAGEMENT.

    (a) In General.--The Secretary shall manage the Recreation Area to 
further the purposes described in section 3(a), in accordance with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) any other applicable law.
    (b) Uses.--The Secretary shall only allow uses of the Recreation 
Area that would further the purposes for which the area is designated, 
as described in section 3(a).
    (c) Recreation Area Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall submit a 
        comprehensive plan for the long-range protection and management 
        of the Recreation Area to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Contents of plan.--The management plan--
                    (A) shall describe the appropriate uses and 
                management of the Recreation Area in accordance with 
                this Act;
                    (B) may incorporate any appropriate decisions, as 
                determined by the Secretary, in accordance with this 
                Act, that are contained in any management or activity 
                plan for the area completed before the date of 
                enactment of this Act;
                    (C) may incorporate appropriate wildlife habitat 
                management plans or other plans prepared for the land 
                within or adjacent to the Recreation Area before the 
                date of enactment of this Act, in accordance with this 
                Act;
                    (D) shall include a monitoring and enforcement 
                strategy;
                    (E) shall be prepared in consultation with--
                            (i) the Sacramento River National 
                        Recreation Area Advisory Council;
                            (ii) appropriate Federal, State, and local 
                        agencies (including Tehama County and Shasta 
                        County, California);
                            (iii) adjacent landowners; and
                            (iv) other stakeholders; and
                    (F) may use information developed under any studies 
                of land within or adjacent to the Recreation Area 
                carried out before the date of enactment of this Act.
    (d) Acquisition of Property.--
            (1) In general.--The Secretary may acquire land adjacent to 
        the National Recreation Area by purchase from willing sellers, 
        donation, or exchange.
            (2) Management.--Any land acquired under paragraph (1) 
        shall be managed in accordance with--
                    (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) any other applicable law (including 
                regulations).
            (3) Improved access.--The Secretary may acquire, through 
        voluntary sale, donation, exchange, or easement, land or 
        interest in land to improve public safety in providing access 
        to the Recreation Area.
    (e) Private Property.--
            (1) Access to private property.--
                    (A) In general.--The Secretary shall provide 
                landowners adequate access to inholdings within the 
                Recreation Area.
                    (B) Inholdings.--For access purposes, private land 
                adjacent to the Recreation Area to which there is no 
                other practicable access except through the Recreation 
                Area shall be managed as an inholding.
            (2) Use of private property.--Nothing in this Act affects 
        the ownership, management, or other rights relating to any non-
        Federal land (including any interest in any non-Federal land).
            (3) Buffer zones.--Nothing in this Act creates a protective 
        perimeter or buffer zone around any area designated as a 
        Recreation Area by this Act.
            (4) Valid rights.--Nothing in this Act affects any 
        easements, rights-of-way, and other valid rights in existence 
        on the date of enactment of this Act.
    (f) Water Right Exclusion.--Nothing in this Act--
            (1) shall constitute or be construed to constitute either 
        an express or implied reservation by the United States of any 
        water or water rights with respect to the land designated as a 
        National Recreation Area by section 3(a); or
            (2) shall affect any water rights existing on the date of 
        enactment of this Act.
    (g) Hunting and Fishing.--Nothing in this Act--
            (1) limits hunting or fishing; or
            (2) affects the authority, jurisdiction, or responsibility 
        of the State to manage, control, or regulate fish and resident 
        wildlife under State law (including regulations), including the 
        regulation of hunting or fishing on public land managed by the 
        Bureau of Land Management.
    (h) Motorized Vehicles.--Except in cases in which motorized 
vehicles are needed for administrative purposes or to respond to an 
emergency, the use of motorized vehicles on public land in the 
Recreation Area shall be permitted only on routes designated by the 
management plan for the use of motorized vehicles.
    (i) Motorized Boats.--
            (1) In general.--Nothing in this Act restricts the use of 
        motorized boats on the Sacramento River.
            (2) Regulation.--Tehama County and Shasta County, 
        California, and the California Department of Boating and 
        Waterways shall retain authority to regulate motorized boating 
        for the purpose of ensuring public safety and environmental 
        protection.
    (j) Grazing.--In the Recreation Area, the grazing of livestock in 
areas in which grazing is allowed as of the date of enactment of this 
Act shall be allowed to continue, consistent with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) any regulations promulgated by the Secretary, acting 
        through the Director of the Bureau of Land Management.
    (k) Withdrawal.--Subject to valid existing rights, all Federal land 
within the Recreation Area is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under 
        the public land laws;
            (2) location, entry, and patenting under the mining laws; 
        and
            (3) operation of the mineral leasing, mineral materials, 
        and geothermal leasing laws.

SEC. 5. SACRAMENTO RIVER NATIONAL RECREATION AREA ADVISORY COUNCIL.

    (a) Establishment.--There is established an advisory council to be 
known as the ``Sacramento River National Recreation Area Advisory 
Council''.
    (b) Purpose.--The purposes of the Advisory Council are--
            (1) to ensure public involvement in the management of the 
        Recreation Area;
            (2) to provide advice and recommendations to the Secretary 
        relating to the development, implementation, and amendment of 
        the management plan; and
            (3) to improve collaborative relationships among persons 
        and entities interested in the management of the Recreation 
        Area.
    (c) Composition of Council.--The Advisory Council shall consist of 
11 members, of whom--
            (1) 3 members shall be appointed by the Secretary, based on 
        recommendations from the Board of Supervisors of Tehama County, 
        to represent Tehama County, California;
            (2) 1 member shall be appointed by the Secretary, based on 
        recommendations from the Board of Supervisors of Shasta County, 
        to represent Shasta County, California;
            (3) 1 member shall be appointed by the Secretary to 
        represent the conservation community that is carrying out 
        conservation activities in or near the Recreation Area;
            (4) 1 member shall be appointed by the Secretary from the 
        livestock grazing community in or near the Recreation Area;
            (5) 1 member shall be appointed by the Secretary to 
        represent Indian tribes in or near the Recreation Area; and
            (6) 4 members shall be appointed by the Secretary to 
        represent different sectors of the recreation community that 
        are carrying out activities in or near the Recreation Area.
    (d) Terms.--
            (1) In general.--Except as provided in paragraph (3), a 
        member of the Advisory Council shall be appointed to a term of 
        4 years.
            (2) Reappointment.--A member of the Advisory Council may be 
        reappointed to additional 4-year terms.
            (3) Initial term.--Of the members initially appointed to 
        the Advisory Council--
                    (A) 5 shall be appointed for a term of 2 years; and
                    (B) 6 shall be appointed for a term of 4 years.
    (e) Chairperson.--
            (1) In general.--The Advisory Council shall elect a member 
        of the Advisory Council to serve as chairperson of the Advisory 
        Council.
            (2) Term.--The chairperson of the Advisory Council shall 
        serve for a term of 1 year.
            (3) Reelection.--The chairperson may be reelected for 
        additional 1-year terms.
    (f) Consultation With Secretary.--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.
    (g) Meetings.--
            (1) In general.--The Advisory Council shall meet--
                    (A) at the call of the Secretary; but
                    (B) not less than--
                            (i) 4 times annually while the management 
                        plan is being developed, unless a majority of 
                        members of the Advisory Council determine the 
                        meetings to be unnecessary; and
                            (ii) not less than annually after the 
                        management plan is completed.
            (2) Public access.--All meetings of the Advisory Council 
        shall be open to the public.
            (3) Public comments.--During meetings, the Advisory Council 
        shall provide interested persons a reasonable opportunity to 
        comment on the management of the Recreation Area.
            (4) Notice.--The Secretary shall provide appropriate notice 
        of the time, date, and location of each meeting of the Advisory 
        Council.
    (h) Compensation.--Members of the Advisory Council shall serve 
without pay.
    (i) Termination.--
            (1) In general.--Except as provided in paragraph (2), the 
        Advisory Council shall terminate on the date that is 20 years 
        after the date of enactment of this Act.
            (2) Exception.--The Secretary may, at the request of the 
        Advisory Council, extend the authority of the Advisory Council 
        beyond the date specified in paragraph (1).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.
                                 <all>