[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 761 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 761

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2015

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

_______________________________________________________________________

                                 A BILL


 
To designate the Berryessa Snow Mountain National Monument 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 Monument 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 Monument, 
                            California.
Sec. 4. Access and buffer zones.
Sec. 5. Management of Federal lands within the National Monument.
Sec. 6. Berryessa Snow Mountain National Monument Advisory Council.
Sec. 7. Water.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Berryessa Snow Mountain National Monument Advisory Council.
            (2) Management plan.--The term ``management plan'' means 
        either a new plan or an amendment to an existing plan developed 
        consistent with section 5(e).
            (3) Motor vehicle use maps.--The term ``motor vehicle use 
        maps'' means the maps produced by the Forest Service regarding 
        authorized motor vehicle use within the Mendocino National 
        Forest and titled ``Motor Vehicle Use Map, Mendocino National 
        Forest'', including periodic revisions of such maps.
            (4) National monument.--The term ``National Monument'' 
        means the Berryessa Snow Mountain National Monument.
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                those National Monument lands under the jurisdiction of 
                the Secretary of Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                those National Monument lands under the jurisdiction of 
                the Secretary of the Interior.
            (6) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior 
        acting jointly.

SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT, 
              CALIFORNIA.

    (a) Establishment.--Subject to valid existing rights, there is 
hereby established the Berryessa Snow Mountain National Monument in the 
State of California.
    (b) Purpose.--The purpose of the Berryessa Snow Mountain National 
Monument 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 National Monument.
    (c) Area Included.--The National Monument consists of Federal land 
and interests in Federal land within Colusa, Glenn, Lake, Mendocino, 
Napa, Solano, and Yolo Counties, California, as depicted on the map 
entitled ``Berryessa Snow Mountain National Monument''.
    (d) Exclusion of Non-Federal Land.--The National Monument includes 
only Federal land and interests in Federal land and does not include or 
apply to private property or other non-Federal land and interests in 
land within the exterior boundaries of the National Monument.
    (e) 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 National Monument.
            (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 
        National Monument 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) Non-Federal Lands and Interests.--
            (1) No requirement of public access.--Nothing in this Act 
        requires a non-Federal property owner to allow public access to 
        private property.
            (2) Affect on other laws.--Nothing in this Act modifies any 
        provision of Federal, State, or local law with respect to use 
        of non-Federal land.
    (b) Access.--The Secretary shall continue to provide historical and 
adequate access to private inholdings within the exterior boundaries of 
the National Monument.
    (c) Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the National Monument.
            (2) Activities outside of national monument.--The fact that 
        any activities or uses outside of areas designated by this Act 
        can be seen or heard within the National Monument shall not 
        preclude the activities or uses outside of the National 
        Monument.

SEC. 5. MANAGEMENT OF FEDERAL LANDS WITHIN THE NATIONAL MONUMENT.

    (a) Basis of Management.--
            (1) Applicable laws.--The Secretary shall manage the 
        National Monument in a manner that conserves, protects, and 
        enhances the natural resources and values of the National 
        Monument, 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 National 
Monument as the Secretary determines would further the purposes 
specified in section 3(b).
    (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 National Monument, 
including hunting, fishing, camping, hiking, hang gliding, sightseeing, 
nature study, horseback riding, rafting, mountain biking and motorized 
recreation on authorized routes, and other recreational activities, so 
long as such recreational use is consistent with the purposes specified 
in section 3(b), 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 National Monument that 
        fulfills the purposes specified in section 3(b). In 
        implementing the management plan and in considering any 
        recommendations from the advisory council, the Secretaries 
        shall consult with the advisory council on a regular basis.
            (2) Purposes.--The management plan shall--
                    (A) describe the appropriate uses and management of 
                the National Monument;
                    (B) identify short-term and long-term management 
                actions and prioritize management actions based on 
                projected availability of resources;
                    (C) include a weed management component (including 
                use of grazing where appropriate) to guide noxious weed 
                control efforts and activities;
                    (D) include a habitat restoration opportunities 
                component;
                    (E) include a recreational opportunity enhancement 
                component;
                    (F) include a native fish passage and habitat 
                quality improvement component;
                    (G) include a component that deals with public 
                safety and environmental clean-up issues associated 
                with illegal marijuana production within the National 
                Monument; and
                    (H) identify areas outside of designated wilderness 
                where non-motorized recreation will be emphasized.
            (3) Public participation and special considerations.--In 
        developing the management plan, and to the extent consistent 
        with this section, the Secretary--
                    (A) shall solicit extensive public input;
                    (B) shall take into consideration any information 
                developed in studies of the land within the National 
                Monument;
                    (C) shall assess available climate change 
                information pertinent to the National Monument and 
                include standards and practices to ensure the 
                preservation of wildlife corridors and facilitate 
                species migration;
                    (D) shall identify opportunities to promote 
                voluntary cooperative conservation projects with State, 
                local, and private interests;
                    (E) shall take into consideration existing land 
                uses (including grazing) on the Federal lands within 
                the National Monument; and
                    (F) may incorporate any provision from a resource 
                management plan, land and resource management plan, or 
                any other plan applicable to the National Monument.
            (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 National Monument.
    (f) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State of California 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 Wildlife, may designate zones in the National Monument where, and 
periods when, hunting shall not be allowed for reasons of public 
safety, administration, or public use and enjoyment.
    (g) Motorized and Mechanized Vehicles.--
            (1) In general.--Except where needed for administrative 
        purposes or to respond to an emergency, the use of motorized 
        and mechanized vehicles on lands within the National Monument 
        shall be permitted only on roads and trails designated for 
        their use.
            (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 motorized route designations reflected in 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) Acquisition and Incorporation of Lands and Interests.--
            (1) Authority.--The Secretary may acquire non-Federal land 
        within the exterior boundaries of the National Monument only 
        through exchange, donation, or purchase from a willing seller.
            (2) Management.--Any land or interest in land that is 
        located within the National Monument that is acquired by the 
        United States shall--
                    (A) become part of the National Monument; and
                    (B) be managed in accordance with this Act.
    (i) Withdrawal.--Subject to valid existing rights, all Federal land 
within the National Monument 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) Limited Conveyance Authority.--The Secretary may authorize the 
conveyance of Federal land within the National Monument if--
            (1) the purpose for which the land is to be conveyed is 
        consistent with the purposes specified in section 3(b);
            (2) the conveyance would benefit the National Monument and 
        is in the public interest, as determined by the Secretary; and
            (3) the conveyance is made in accordance with applicable 
        law (including regulations).
    (k) Grazing.--
            (1) Existing locations.--Livestock grazing within the 
        National Monument, where established before the date of the 
        enactment of this Act, shall be permitted to continue subject 
        to all applicable laws and regulations.
            (2) Additional grazing.--Livestock grazing within the 
        National Monument, where not established before the date of the 
        enactment of this Act, shall be--
                    (A) permitted only to the extent that such grazing 
                is consistent with the purposes specified in section 
                3(b); and
                    (B) subject to all applicable laws and regulations.
            (3) Targeted grazing.--The Secretary may issue annual 
        targeted grazing permits for purposes of the control of noxious 
        weeds, fire suppression, or to provide other ecological 
        benefits consistent with the purposes specified in section 
        3(b).
    (l) 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 National Monument consistent with the purposes specified in section 
3(b).
    (m) 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 National Monument where such use is consistent with the 
purposes specified in section 3(b) and other applicable laws and 
regulations.

SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT 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 Monument 
Advisory Council''.
    (b) Duties.--The advisory council shall advise the Secretaries with 
respect to the preparation and implementation of the management plan 
for the National Monument.
    (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 16 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 Colusa County Board of Supervisors;
            (2) one member shall be appointed after considering the 
        recommendations of the Glenn County Board of Supervisors;
            (3) one member shall be appointed after considering the 
        recommendations of the Lake 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 Napa County Board of Supervisors;
            (6) one member shall be appointed after considering the 
        recommendations of the Solano County Board of Supervisors;
            (7) one member shall be appointed after considering the 
        recommendations of the Yolo County Board of Supervisors;
            (8) one member shall be appointed after considering the 
        recommendations of the head of the California Resources Agency;
            (9) one member shall be appointed to represent Native 
        American Tribes; and
            (10) seven members shall reside in, or within reasonable 
        proximity to, the counties specified in paragraphs (1) through 
        (7) with backgrounds that reflect--
                    (A) the purposes specified in section 3(b); and
                    (B) the interest of persons affected by the 
                planning and management of the National Monument, 
                including persons representing the agricultural, 
                private land-ownership, environmental, recreational, 
                tourism, or other non-Federal land interests.
    (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 three years, except that, of the 
        members first appointed, five of the members shall be appointed 
        for a term of one year and five of the members shall be 
        appointed for a term of two 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 eight 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; or
            (5) relinquishes or reduces any water rights reserved or 
        appropriated by the United States in the State of California on 
        or before the date of enactment of this Act.
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