[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5545 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5545

To designate the Berryessa Snow Mountain National Conservation Area in 
            the State of California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2012

    Mr. Thompson of California (for himself, Mr. Garamendi, and Ms. 
   Woolsey) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate the Berryessa Snow Mountain National Conservation Area in 
            the State of 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Berryessa Snow 
Mountain National Conservation Area Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Berryessa Snow Mountain National Conservation 
                            Area, California.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands in conservation area.
Sec. 6. Berryessa Snow Mountain National Conservation Area Advisory 
                            Council.
Sec. 7. Water.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Berryessa Snow Mountain National Conservation Area Advisory 
        Council.
            (2) Conservation area.--The term ``conservation area'' 
        means the Berryessa Snow Mountain National Conservation Area.
            (3) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                those conservation area lands under the jurisdiction of 
                the Secretary of Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                those conservation area lands under the jurisdiction of 
                the Secretary of the Interior.
            (4) Secretaries.--The term ``Secretaries'' mean the 
        Secretary of Agriculture and the Secretary of the Interior 
        acting jointly.
            (5) State.--The term ``State'' means the State of 
        California.
            (6) Motor vehicle use maps.--The term ``motor vehicle use 
        maps'' means the maps produced by the Forest Service titled 
        ``Motor Vehicle Use Map, Mendocino National Forest, SOUTH MAP, 
        California, 2008'' and ``Motor Vehicle Use Map, Mendocino 
        National Forest, SOUTH CENTRAL MAP, California, 2008'' and any 
        amendments to those maps.

SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION 
              AREA, CALIFORNIA.

    (a) Establishment.--Subject to valid existing rights, there is 
hereby established the Berryessa Snow Mountain National Conservation 
Area in the State.
    (b) Purpose.--The purpose of the Berryessa Snow Mountain National 
Conservation Area is to conserve, protect, and enhance for the benefit 
and enjoyment of present and future generations the ecological, scenic, 
wildlife, recreational, cultural, historical, natural, educational, and 
scientific resources of the lands included in the conservation area.
    (c) Area Included.--The conservation area consists of approximately 
319,300 acres of Federal land and interests in Federal land within 
Napa, Lake, Mendocino, and Yolo Counties, California, as depicted on 
the map entitled ``Berryessa Snow Mountain National Conservation Area'' 
and dated May 2, 2012.
    (d) Legal Descriptions; Corrections of Errors.--
            (1) Preparation.--As soon as practical after the date of 
        enactment of this Act, but in no event later than two years 
        after such date, the Secretaries shall prepare final maps and 
        legal descriptions of the conservation area.
            (2) Submission.--As soon as practicable after the 
        preparation of the maps and legal descriptions under paragraph 
        (1), the Secretaries shall submit the maps and legal 
        descriptions to the Committee on Natural Resources of the House 
        of Representatives and to the Committee on Energy and Natural 
        Resources of the Senate.
            (3) Public availability.--The maps and legal descriptions 
        prepared under paragraph (1) shall be available for public 
        inspection at appropriate offices of the Bureau of Land 
        Management and Forest Service.
            (4) Legal effect.--The maps and legal descriptions of the 
        conservation area shall have the same force and effect as if 
        included in this Act, except that the Secretaries may correct 
        clerical and typographical errors in the maps and legal 
        descriptions.

SEC. 4. ACCESS AND BUFFER ZONES.

    (a) Access.--The Secretary shall continue to provide private 
landowners adequate access to inholdings in the conservation area.
    (b) Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter of buffer zone around the conservation area.
            (2) Activities outside of conservation area.--The fact that 
        any activities or uses outside of areas designated by this Act 
        can be seen or heard within the conservation area shall not 
        preclude the activities or uses outside of the conservation 
        area.

SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVATION AREA.

    (a) Basis of Management.--
            (1) Applicable laws.--The Secretary shall manage the 
        conservation area in a manner that conserves, protects, and 
        enhances the natural resources and values of the conservation 
        area, in accordance with--
                    (A) this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.) for lands managed by the 
                Bureau of Land Management;
                    (C) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (D) the Act of June 17, 1902 (commonly known as the 
                Reclamation Act of 1902; 32 Stat. 388) and Acts 
                amendatory thereof and supplemental thereto;
                    (E) other laws (including regulations) applicable 
                to the National Forest System for land managed by the 
                Forest Service; and
                    (F) other applicable law (including regulations).
            (2) Resolution of conflicts.--If there is a conflict 
        between a provision of this Act and a provision of one of the 
        other laws specified in paragraph (1), the more restrictive 
        provision shall control.
    (b) Uses.--The Secretary shall allow only such uses of the 
conservation area as the Secretary determines would further the 
purposes for which the conservation area is established.
    (c) Tribal Cultural Uses.--Nothing in this Act shall be construed 
to enlarge or diminish the rights of any Indian tribe.
    (d) Recreation.--The Secretary shall continue to authorize, 
maintain, and enhance the recreational use of the conservation area, 
including hunting, fishing, camping, hiking, hang gliding, sightseeing, 
nature study, horseback riding, mountain biking, rafting, motorized 
recreation on authorized routes, and other recreational activities, so 
long as such recreational use is consistent with the purposes of the 
conservation area, this section, other applicable law (including 
regulations), and applicable management plans.
    (e) Management Plan.--
            (1) In general.--Within three years after the date of 
        enactment of this Act, the Secretaries shall develop a 
        comprehensive plan for the protection and management of the 
        Federal lands included within the conservation area that 
        fulfills the purposes for which the conservation area is 
        established. In implementing the management plan and in 
        considering any recommendations from the advisory council, the 
        Secretaries shall consult on a regular basis.
            (2) Purposes.--The management plan shall--
                    (A) describe the appropriate uses and management of 
                the conservation area;
                    (B) be developed with extensive public input;
                    (C) take into consideration any information 
                developed in studies of the land within the 
                conservation area;
                    (D) assess the impacts of climate change on the 
                conservation area and establish policies and procedures 
                to ensure the preservation of wildlife corridors and 
                facilitate species migration;
                    (E) include a comprehensive weed management 
                strategy (including use of grazing where appropriate) 
                to guide noxious weed control efforts and activities;
                    (F) identify and prioritize habitat restoration 
                opportunities and strategies within the conservation 
                area;
                    (G) identify opportunities to enhance recreational 
                opportunities throughout the conservation area;
                    (H) identify areas outside of designated wilderness 
                where non-motorized recreation will be emphasized;
                    (I) identify opportunities to improve fish passage 
                and habitat quality for native fish species;
                    (J) include a plan to address the public safety and 
                environmental clean-up issues associated with illegal 
                marijuana production within the conservation area;
                    (K) identify opportunities to promote voluntary 
                cooperative conservation projects with State, local, 
                and private interests; and
                    (L) take into consideration existing land uses 
                (including grazing) on the Federal lands within the 
                conservation area.
            (3) Other plans.--In developing the management plan, and to 
        the extent consistent with this section, the Secretary may 
        incorporate any provision from a resource management plan, land 
        and resource management plan, or any other plan applicable to 
        the conservation area.
            (4) Cooperative agreements.--In carrying out this Act, the 
        Secretary may make grants to, or enter into cooperative 
        agreements with, State, tribal, and local governmental entities 
        and private entities to conduct research, develop scientific 
        analyses, and carry out any other initiative relating to the 
        restoration or conservation of the conservation area.
    (f) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to fish and wildlife located on 
public land in the State, except that the Secretary, after consultation 
with the California Department of Fish and Game, may designate zones in 
the conservation area where, and periods when, hunting shall not be 
allowed for reasons of public safety, administration, or public use and 
enjoyment.
    (g) Motorized Vehicles.--
            (1) In general.--Except where needed for administrative 
        purposes or to respond to an emergency, the use of motorized 
        vehicles on lands within the conservation area shall be 
        permitted only on designated roads and trails.
            (2) Additional requirement.--In developing the management 
        plan required by this section, and to the extent consistent 
        with this section, the Secretary, for lands under jurisdiction 
        of Forest Service, shall incorporate the motor vehicle use 
        maps. In developing the management plan (and making any 
        subsequent amendment to the management plan), the Secretary 
        shall explicitly analyze and document--
                    (A) each instance in which the requirements of this 
                section or other applicable law makes it necessary to 
                alter the motor vehicle use maps; and
                    (B) the manner in which the motor vehicle use maps 
                are consistent with the requirements of this section.
    (h) Incorporation of Acquired Lands and Interests.--
            (1) Authority.--The Secretary may acquire non-Federal land 
        within the boundaries of the conservation area only through 
        exchange, donation, or purchase from a willing seller.
            (2) Management.--Any land or interest in land that is 
        located within the conservation area that is acquired by the 
        United States shall--
                    (A) become part of the conservation area; and
                    (B) be managed in accordance with this Act.
    (i) Withdrawal.--Subject to valid existing rights, all Federal land 
within the conservation area is withdrawn from--
            (1) entry, appropriation, or disposal under the public land 
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) leasing or disposition under all laws relating to--
                    (A) minerals; and
                    (B) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
    (j) Grazing.--
            (1) Permitted.--The Secretary shall permit grazing within 
        the conservation area--
                    (A) where established before the date of enactment 
                of this Act; or
                    (B) through the issuance of annual permits for non-
                commercial grazing for the purposes of control of 
                noxious weeds within the conservation area.
            (2) Requirement.--Grazing permitted under paragraph (1) 
        shall be--
                    (A) subject to all applicable laws (including 
                regulations); and
                    (B) consistent with the purposes of the 
                conservation area.
    (k) Wildland Fire Operations.--Nothing in this section prohibits 
the Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the conservation area, consistent with the purposes of the conservation 
area.
    (l) Horses.--Subject to any terms and conditions determined to be 
necessary by the Secretary, nothing in this Act precludes horseback 
riding in, or the entry of recreational or commercial saddle or pack 
stock into, the conservation area where such use is consistent with the 
purposes of the conservation area and other applicable law (including 
regulations).

SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CONSERVATION AREA ADVISORY 
              COUNCIL.

    (a) Establishment.--Not less than 180 days after the date of 
enactment of this Act, the Secretaries shall establish an advisory 
council, to be known as the ``Berryessa Snow Mountain National 
Conservation Area Advisory Council''.
    (b) Duties.--The advisory council shall advise the Secretaries with 
respect to the preparation and implementation of the management plan 
for the conservation area.
    (c) Applicable Law.--The advisory council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.);
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) all other applicable law.
    (d) Members.--The advisory council shall include 11 members, to be 
appointed by the Secretaries, of whom, to the extent practicable--
            (1) one member shall be appointed after considering the 
        recommendations of the Lake County Board of Supervisors;
            (2) one member shall be appointed after considering the 
        recommendations of the Napa County Board of Supervisors;
            (3) one member shall be appointed after considering the 
        recommendations of the Yolo County Board of Supervisors;
            (4) one member shall be appointed after considering the 
        recommendations of the Mendocino County Board of Supervisors;
            (5) one member shall be appointed after considering the 
        recommendations of the head of the California Resources Agency;
            (6) one member shall be appointed to represent Native 
        American Tribes;
            (7) five members shall reside in, or within reasonable 
        proximity to, Yolo County, Napa County, Mendocino County, or 
        Lake County, California, with backgrounds that reflect--
                    (A) the purposes for which the conservation area 
                was established; and
                    (B) the interest of the stakeholders that are 
                affected by the planning and management of the 
                conservation area.
    (e) Representation.--The Secretaries shall ensure that the 
membership of the advisory council is fairly balanced in terms of the 
points of view represented and the functions to be performed by the 
advisory council.
    (f) Terms.--
            (1) Staggered terms.--Members of the advisory council shall 
        be appointed for terms of 3 years, except that, of the members 
        first appointed, 4 of the members shall be appointed for a term 
        of 1 year and 4 of the members shall be appointed for a term of 
        2 years.
            (2) Reappointment.--A member may be reappointed to serve on 
        the advisory council upon the expiration of the member's 
        current term.
            (3) Vacancy.--A vacancy on the advisory council shall be 
        filled in the same manner as the original appointment.
    (g) Quorum.--A quorum shall be six members of the advisory council. 
The operations of the advisory council shall not be impaired by the 
fact that a member has not yet been appointed as long as a quorum has 
been attained.
    (h) Chairperson and Procedures.--The advisory council shall elect a 
chairperson and establish such rules and procedures as it deems 
necessary or desirable.
    (i) Service Without Compensation.--Members of the advisory council 
shall serve without pay.
    (j) Termination.--The advisory committee shall cease to exist--
            (1) on the date that is five years after the date on which 
        the management plan is officially adopted by the Secretaries; 
        or
            (2) on such later date as the Secretaries consider 
        appropriate.

SEC. 7. WATER.

    Nothing in this Act--
            (1) affects the use or allocation, in existence on the date 
        of enactment of this Act, of any water, water right, or 
        interest in water;
            (2) affects any vested absolute or decreed conditional 
        water right in existence on the date of enactment of this Act, 
        including any water right held by the United States;
            (3) affects any interstate water compact in existence on 
        the date of enactment of this Act;
            (4) authorizes or imposes any new reserved Federal water 
        rights;
            (5) relinquishes or reduces any water rights reserved or 
        appropriated by the United States in the State on or before the 
        date of enactment of this Act;
            (6) impairs the ability of the Bureau of Reclamation and 
        its managing partners to operate, maintain, or manage 
        Monticello Dam, Lake Berryessa, and other Solano Project 
        facilities in accordance with the purposes of such project; or
            (7) modifies, changes, or supersedes any water contract or 
        agreements approved or administered by the Bureau of 
        Reclamation or Solano County Water Agency or Solano Irrigation 
        District.
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