[House Report 113-696]
[From the U.S. Government Publishing Office]


113th Congress    }                                 {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {          113-696
======================================================================
 
           LAKE BERRYESSA RECREATION ENHANCEMENT ACT OF 2014

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4166]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4166) to transfer recreational management 
authority for Lake Berryessa in the State of California from 
the Bureau of Reclamation to the Bureau of Land Management, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Lake Berryessa 
Recreation Enhancement Act of 2014''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Transfer of administrative jurisdiction.
Sec. 5. Management of Recreation Area.
Sec. 6. Continued authorities of Commissioner of Reclamation.
Sec. 7. Existing authorizations.

SEC. 2. FINDINGS; PURPOSES.

  (a) Findings.--Congress finds that--
          (1) the Monticello Dam--
                  (A) was authorized by the Reclamation Project Act of 
                1939 (53 Stat. 1187);
                  (B) resulted in the formation of Lake Berryessa; and
                  (C) is operated by the Bureau of Reclamation;
          (2) Lake Berryessa--
                  (A) covers approximately 28,915 acres of surface 
                water and land;
                  (B) has 165 miles of shoreline;
                  (C) has a 2,000 acre wildlife area on the east side;
                  (D) is located less than 100 miles from both 
                Sacramento, California and San Francisco, California; 
                and
                  (E) has become an important regional recreation 
                destination; and
          (3) the recreational use at Lake Berryessa generates tourism 
        that is important to local economies.
  (b) Purposes.--The purposes of this Act are--
          (1) to provide diverse, high quality recreational facilities 
        and services on the water and land surrounding Lake Berryessa;
          (2) to conserve the natural, scenic, scientific, historic, 
        economic, recreational, and other resource values contributing 
        to the public use and enjoyment of that land and water;
          (3) to promote cooperation between the Federal Government and 
        private entities to manage that exceptional resource;
          (4) to authorize the Secretary to manage certain resources 
        under the Bureau of Land Management; and
          (5) to transfer administrative jurisdiction over certain 
        Federal land for management as a unit of the Bureau of Land 
        Management.

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Dam.--The term ``Dam'' means--
                  (A) the Monticello Dam; and
                  (B) any facility relating to the Monticello Dam.
          (2) Recreation area.--The term ``Recreation Area'' means the 
        Lake Berryessa Recreation Area designated by section 4(a).
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) State.--The term ``State'' means the State of California.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.

  (a) Establishment.--Subject to valid existing rights, there is 
established the Lake Berryessa Recreational Area, the boundaries of 
which are described in subsection (c). In administering the Recreation 
Area, the Secretary shall not--
          (1) diminish the levels of day-use occupancy, short-term 
        occupancy and annual occupancy as set forth in the recreational 
        use plan adopted by the Bureau of Reclamation on June 2, 2006, 
        for the Recreation Area;
          (2) diminish motorized boating or alter the ``Water Surface 
        Zoning and Restrictions'' developed under Action 17 of the 1993 
        Recreation Area Management Plan Record of Decision and 
        continued in the recreational use plan adopted by the Bureau of 
        Reclamation on June 2, 2006, for the Recreation Area;
          (3) close trails or limit recreational hiking and equine 
        access to trails on lands in the Recreation Area; and
          (4) negatively impact hunting, fishing, shooting sports, or 
        trapping on the lands and waters within the boundaries of the 
        Recreation Area.
  (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the Federal land described in subsection (c), 
including any improvements thereon, is transferred from the Bureau of 
Reclamation to the Bureau of Land Management for administration of the 
Recreation Area.
  (c) Description of Land.--The land referred to in subsection (a) is 
the approximately 30,221 acres of land administered by the Bureau of 
Reclamation that is underlying or adjacent to Lake Berryessa and 
identified as ``Lake Berryessa Reclamation Lands Solono Project'' on 
the map dated September 15, 2014.

SEC. 5. MANAGEMENT OF RECREATION AREA.

  (a) In General.--Subject to the authority of the Secretary under 
section 6, the Secretary shall manage the Recreation Area in accordance 
with sections 601 through 604 of Public Law 93-493.
  (b) Applicable Law.--Subject to valid existing rights, the Secretary 
shall administer the Recreation Area in accordance with laws (including 
regulations) applicable to units of the public lands of the Bureau of 
Land Management.
  (c) Waters.--Nothing in this Act--
          (1) affects the use or allocation, in existence on the date 
        of the 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 the 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 the 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 the enactment of this Act;
          (6) impairs the ability of the Bureau of Reclamation and its 
        managing partners to operate, maintain, or manage Monticello 
        Dam 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.
  (d) Existing Agreements.--To benefit the interests of the public, the 
Secretary shall act in accordance with any agreement in existence on 
the date of the enactment of this Act, including those with any 
organization for the management of--
          (1) campgrounds located in the Recreation Area;
          (2) marinas located in the Recreation Area;
          (3) lodging facilities located in the Recreation Area;
          (4) food and beverage services located in the Recreation 
        Area; and
          (5) boating and boat rental facilities located in the 
        Recreation Area.
  (e) Adoption of Recreational Use Plan.--To manage the Recreation 
Area, the Secretary shall adopt and use the recreational use plan 
adopted by the Bureau of Reclamation on June 2, 2006, for the 
Recreational Area. The adoption of this plan shall not constitute a 
major federal action for the purposes of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). This action is not subject 
to judicial review.

SEC. 6. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION.

  Nothing in this Act or any subsequent management plan shall impair 
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 that project's authorized 
purposes. The Commissioner of Reclamation shall continue to administer 
and operate--
          (1) the Dam; and
          (2) any power facility relating to the Dam.

SEC. 7. EXISTING AUTHORIZATIONS.

  (a) In General.--Except as provided in subsections (b) and (c), 
nothing in this Act affects any authorization in effect as of the date 
of the enactment of this Act made by any department or agency of the 
Federal Government for the use of land or water located within the 
Recreation Area (referred to in this section as an ``existing 
authorization'').
  (b) Assumption of Existing Authorization.--Not later than 1 year 
after the date of the enactment of this Act, the Secretary shall assume 
the administration of any existing authorization, with such revisions 
as necessary to align the authorization with existing law and policies 
of the Bureau of Land Management.
  (c) Renewal of Existing Authorization.--The renewal of any existing 
authorization shall be made in accordance with such terms and 
conditions as the Secretary may prescribe.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4166 is to transfer recreational 
management authority for Lake Berryessa in the State of 
California from the Bureau of Reclamation to the Bureau of Land 
Management.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Bureau of Reclamation has 289 project areas, including 
Lake Berryessa, that have recreation facilities and 
opportunities available for public use. Lake Berryessa is a 1.6 
million acre feet capacity reservoir created by the Monticello 
Dam, which impounds Putah Creek in northern California's Solano 
and Napa Counties. Reclamation derives much of its recreational 
management authorization at Lake Berryessa pursuant to ``The 
Reclamation Development Act of 1974'' (Public Law 93-493) and 
Public Law 96-375, which states:

        . . . the Secretary of the Interior is authorized to 
        enter into new negotiated concession agreements with 
        the present concessionaires at Lake Berryessa, 
        California. Such agreements shall be for a term ending 
        not later than May 26, 1989, and may be renewed at the 
        request of the concessionaire with the consent of the 
        Secretary of the Interior for no more than two 
        consecutive terms of 10 years each. Concession 
        agreements may be renegotiated preceding renewal.

    Reclamation, under President George W. Bush's 
Administration, chose not to extend the concession arrangements 
when the concessions contracts expired in 2008 and 2009. As 
part of this effort, Reclamation initiated work for a new 
Visitor Services Plan (VSP) in 2000 and published a Draft 
Environmental Impact Statement (EIS) in October 2003. After 
considering comments, Reclamation published a Final EIS in 
October 2005. A Record of Decision was signed in June 2006, 
based upon the fundamental assumption from the VSP that new 
contractors would invest significant capital to develop a broad 
range of recreation facilities for short-term visitor use at 
all of the Lake's seven concession areas. Reclamation chose one 
concessioner to manage five of the seven concessions in May 
2010.
    The subsequent concessioner contract with Reclamation 
stipulated that several of the resorts had to be leveled then 
rebuilt under specific timelines. However, Reclamation 
terminated that 40-year contract in December 2012 after 
disagreements between Reclamation and the concessioner. After 
the contract termination, Reclamation signed interim contracts 
with other concessionaires to operate the seven sub-areas while 
producing a prospectus for new long-term concessionaire 
contracts. Reclamation estimates that it intends to offer such 
contracts in 2015.
    In response to lower visitation numbers and the contract 
disputes, H.R. 4166 was introduced to transfer recreational 
management responsibilities from Reclamation to the Bureau of 
Land Management (BLM). Napa County and other local entities 
support the bill. The Administration testified in support of 
H.R. 4166 at a Water and Power Subcommittee hearing on June 10, 
2014, but with a qualified endorsement: ``While we support this 
transfer, the Department notes that given the site conditions, 
available resources, and applicable authorities, the BLM may 
not be able to meet the public's expectations nor manage the 
recreation area as the sponsor intends under the bill as 
written.'' In addition, a local recreationalist, Mr. Peter 
Kilkus, the editor of the Lake Berryessa News and long-time 
Lake Berryessa resident, questioned the effect of the transfer 
in submitted testimony: ``H.R. 4166 is NOT a bill aimed at 
`government efficiency.' There is no real evidence that if the 
BLM had managed the VSP/Bid Prospectus process, the outcome 
would have been any different. Nor is there any guarantee that 
the BLM would do a better job in the future . . . On a 
cautionary note, the usual exclusionist suspects have already 
begun floating the idea that some of the resorts should not be 
reopened at all, reopened with limited amenities, or reopened 
for day use only.''
    H.R. 4166, as amended, seeks to remedy some of these 
concerns by ensuring that nothing in the bill diminishes 
motorized boating, hiking access, horseback riding, or hunting 
and fishing activities. In addition, the amendment adopted in 
committee requires BLM to follow the current Bureau of 
Reclamation recreational use plan in place to ensure BLM does 
not create a new plan that will cost millions of taxpayer 
dollars to develop and one which may not guarantee existing 
recreational access.

                            COMMITTEE ACTION

    H.R. 4166 was introduced on March 6, 2014, by Congressman 
Mike Thompson (D-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Water and Power and Public Lands and 
Environmental Regulation. On June 10, 2014, the Subcommittee on 
Water and Power held a hearing on the bill. On September 18, 
2014, the Full Natural Resources Committee met to consider the 
bill. The Subcommittees on Water and Power and Public Lands and 
Environmental Regulation were discharged by unanimous consent. 
Congressman Tom McClintock (R-CA) offered an amendment 
designated #1 to the bill; the amendment was adopted by 
unanimous consent. The bill, as amended, was then adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 4166--Lake Berryessa Recreation Enhancement Act of 2014

    H.R. 4166 would transfer administrative jurisdiction over 
30,221 acres of federal land underlying or adjacent to Lake 
Berryessa in California from the Bureau of Reclamation (BOR) to 
the Bureau of Land Management (BLM). Based on information 
provided by the affected agencies and assuming appropriation of 
the necessary amounts, CBO estimates that implementing the bill 
would cost $3 million over the 2015-2019 period. Because 
enacting the legislation would increase direct spending, pay-
as-you-go procedures apply. However, we estimate that the net 
budgetary effect of those changes would not be significant. 
Enacting H.R. 4166 would not affect revenues.
    Under current law, CBO expects that BOR would collect 
receipts from concession contracts and franchise fees from 
recreational activities near Lake Berryessa totaling less than 
$100,000 a year. Those fees are classified as offsetting 
receipts, which are treated as reductions in direct spending. 
Based on information provided by BLM, CBO expects that, under 
the bill, the agency would collect a similar amount of fees. 
However, because BLM would probably use its existing 
authorities to retain and spend a portion of those amounts, we 
estimate that enacting the bill would increase direct spending 
by less than $50,000 a year.
    In addition, CBO estimates that, under current law, BOR 
would spend about $3 million a year to administer the affected 
lands, assuming appropriation of the necessary amounts. Under 
the bill, BLM would carry out similar activities to administer 
the affected lands plus certain additional activities related 
to endangered species preservation, hazardous fuels removal, 
and habitat preservation. Based on information provided by BLM, 
and assuming appropriation of the necessary amounts, CBO 
estimates that conducting those activities would cost an 
additional $3 million over the 2015-2019 period, assuming 
appropriation of the necessary amounts.
    H.R. 4166 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, and tribal 
governments.
    The CBO staff contacts for this estimate are Aurora Swanson 
and Jeff LaFave. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the affected agencies and assuming appropriation of the 
necessary amounts, CBO estimates that implementing the bill 
would cost $3 million over the 2015-2019 period. Because 
enacting the legislation would increase direct spending, pay-
as-you-go procedures apply. However, CBO estimates that the net 
budgetary effect of those changes would not be significant 
(less than $50,000 a year). Enacting H.R. 4166 would not affect 
revenues.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to transfer recreational management 
authority for Lake Berryessa in the State of California from 
the Bureau of Reclamation to the Bureau of Land Management.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

      H.R. 4166--Lake Berryessa Recreation Enhancement Act of 2014

    H.R. 4166 would transfer recreational management authority 
of Lake Berryessa from the Bureau of Reclamation (BOR) to the 
Bureau of Land Management (BLM). The legislation would further 
direct the Secretary of Interior to implement the recreational 
use plan adopted by the BOR on June 2, 2006 for the 
Recreational Area. The Recreation Area is comprised of 30,221 
acres of federal land underlying or adjacent to Lake Berryessa 
in California.
    While we support transferring recreational management 
authority of Lake Berryessa to BLM, a number of amendments made 
to H.R. 4166 during the markup process would make the current 
bill difficult to implement. Prior to Full Committee 
consideration of this legislation, the bill's sponsor worked 
with the Department of the Interior to draft changes to address 
the Department's concerns. These changes were shared with the 
Majority prior to markup but not included in the Subcommittee 
Chairman's amendment. Instead, the amendment adopted by the 
Committee included language requiring the Secretary to maintain 
certain use levels without any management flexibility.
    We look forward to working with the Majority to resolve the 
issues with H.R. 4166 as it is currently written so that BOR 
and BLM can start working on a smooth management transfer that 
enhances recreational opportunities for visitors to the lake.

                                   Peter DeFazio,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Grace Napolitano,
                                           Ranking Member, Subcommittee 
                                               on Water and Power.