[Senate Report 117-245]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 622
117th Congress   }                                      {       Report
                                 SENATE
 2d Session      }                                      {      117-245

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          BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT EXPANSION

                                _______
                                

               December 12, 2022.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 4080]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 4080), to modify the boundary of the 
Berryessa Snow Mountain National Monument to include certain 
Federal land in Lake County, California, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 4080 is to modify the boundary of the 
Berryessa Snow Mountain National Monument to include certain 
Federal land in Lake County, California.

                          BACKGROUND AND NEED

    Berryessa Snow Mountain National Monument was established 
in 2015 by Presidential Proclamation 9298 under the authority 
of the Antiquities Act. The 330,000 acre National Monument is 
managed jointly by the Bureau of Land Management and the Forest 
Service, and provides for outdoor recreational opportunities, 
important habitat for fish and wildlife, and contains 
significant cultural and historic resources that are 
significant to over two dozen federally recognized tribes.
    S. 4080 would add over 3,900 acres of Federal land to the 
National Monument, known as Walker Ridge (which would be 
renamed to Molok Luyak, or ``Condor Ridge'' in the Patwin 
language), adjacent to the existing National Monument boundary.

                          LEGISLATIVE HISTORY

    S. 4080 was introduced by Senators Padilla and Feinstein on 
April 25, 2022. The Subcommittee on Public Lands, Forests, and 
Mining held a hearing on S. 4080 on June 7, 2022.
    Representative Garamendi introduced a companion bill, H.R. 
6366, in the House of Representatives on January 10, 2022. The 
House Committee on Natural Resources' Subcommittee on National 
Parks, Forests, and Public Lands held a hearing on the bill on 
March 1, 2022.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 4080. 
Senator Lee asked to be recorded as voting no.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the bill's short title, the ``Berryessa 
Snow Mountain National Monument Expansion Act.''

Sec. 2. Definitions

    Section 2 defines key terms used in the bill.

Sec. 3. National Monument expansion

    Section 3(a) expands boundary of Berryessa Snow Mountain 
National Monument to include the adjacent 3,925-acre Walker 
Ridge (Molok Luyuk) parcel in Lake County, CA administered by 
Bureau of Land Management (BLM).
    Subsection (b) authorizes the Secretary to make correction 
to the map, requires the map to be publicly available on BLM 
website, and the map shall have the same force as if included 
in the Act.
    Subsection (c) directs Secretary of the Interior to 
administer the added Walker Ridge (Molok Luyuk) parcel in 
accordance with Presidential Proclamation 9298 (which 
established Berryessa Snow Mountain National Monument), and 
other applicable laws and regulations.

Sec. 4. Management plan

    Section 4 (a) requires Secretary of the Interior and the 
Secretary of Agriculture to jointly develop a comprehensive 
management plan within 1 year of enactment in accordance with 
the Presidential Proclamation 9298.
    Subsection (b) requires federal land management agencies to 
consult with federally recognized tribes in developing the 
management plan and its implementation.
    Subsection (c) requires the management plan to include 
parameters for continued, meaningful engagement with federally 
recognized tribes for implementation of the management plan.
    Subsection (d) states that nothing in this Act affects fire 
mitigation or suppression activities.

Sec. 5. Agreements and partnerships

    Section 5 requires the federal land management agencies, to 
the maximum extent practicable and in accordance with 
applicable laws, to enter into cooperative agreements and 
collaborative partnerships regarding the management of the 
National Monument, if requested by affected federally 
recognized tribe. Each of the listed federal laws or 
presidential/secretarial orders provides an existing authority 
for such cooperative management with federally recognized 
tribes.

Sec. 6. Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa 
        Counties, California

    Section 6(a) renames Walker Ridge in both Lake and Colusa 
Counties to ``Condor Ridge (Molok Luyuk)'' in the Patwin 
language and the English translation of that name.
    Subsection (b) requires any reference to the property in 
laws, maps, regulations, documents or other records to be 
``Condor Ridge (Molok Luyuk).''
    Subsection (c) requires the Board of Geographic Names to 
develop a map and legal description of the property in 
consultation with Bureau of Land Management and recognized 
tribes, and to be able to correct technical errors. Requires 
the map to available for the public on the agencies' websites.

                   COST AND BUDGETARY CONSIDERATIONS

    On November 21, 2022, the Congressional Budget Office 
provided a table entitled ``Summary Estimates of Legislation 
Ordered Reported'' by the Committee during the 117th Congress. 
The table states that:

          ``CBO estimates that enacting S. 4080 would have an 
        insignificant effect on direct spending and no effect 
        on revenues over the 2023-2032 period. CBO has not 
        estimated the discretionary costs of implementing the 
        bill. The bill contains no intergovernmental or 
        private-sector mandates as defined in the Unfunded 
        Mandates Reform Act.''

    Separately in the table, CBO estimates the ``insignificant 
effect on direct spending'' as ``between zero and $500,000'' 
and the revenues as ``0.''
    The table is posted at www.cbo.gov.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 21, 2022.
Hon. Joe Manchin,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Energy and Natural Resources during the 117th Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 4080. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 4080, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 4080, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimonies provided by the Department of the Interior 
and the Department of Agriculture at the June 7, 2022, hearing 
on S. 4080 follows:

  Statement of Nada Wolff Culver, Deputy Director, Policy & Programs, 
       Bureau of Land Management, U.S. Department of the Interior

    S. 4080, Berryessa Snow Mountain National Monument 
Expansion Act S. 4080, Berryessa Snow Mountain National 
Monument Expansion Act, would add approximately 3,900 acres of 
land managed by the BLM to the Berryessa Snow Mountain National 
Monument in Lake County, California. Befitting the area's 
cultural significance to the many Tribes in this region, the 
bill renames the area commonly known as ``Walker Ridge'' to 
Condor Ridge, or Molok Luyuk in the Patwin language. The bill 
directs the Board of Geographic Names and the BLM to formally 
change all references in law, map, regulation, or other records 
to reflect the name change.
    The bill (Section 4) also directs the BLM and the USFS to 
complete a comprehensive management plan for the National 
Monument within one year of enactment. It requires the agencies 
to consult with affected Federally recognized Indian Tribes on 
the development of the monument plan and to establish 
parameters for continued meaningful engagement in subsequent 
management decisions.
    Finally, S. 4080 (Section 5) provides opportunities for the 
BLM and the USFS to enter into cooperative agreements and other 
financial partnership instruments with Federally recognized 
Indian Tribes for management of the National Monument.


                                analysis


    The Berryessa Snow Mountain National Monument was 
established by President Obama's Presidential Proclamation 9298 
on July 10, 2015, in order to protect its rich biodiversity, 
including rare endemic species, unique serpentine outcrops, 
relic prairies, and riparian habitats. In addition to providing 
essential habitat for fish and wildlife, the area is important 
for scientific study, prehistoric and historic preservation, 
and exceptional outdoor recreational opportunities. The lands 
within the national monument are some of the most scenic in 
northern California, ranging from rolling oak-studded hillsides 
to steep canyons and ridgelines with expansive views. These 
lands retain deep cultural significance for roughly two dozen 
Federally recognized Indian Tribes who inhabited them for at 
least the last 11,000 years.
    Encompassing more than 330,000 acres of public land, the 
Berryessa Snow Mountain National Monument is jointly managed by 
the BLM (approximately 133,000 acres) and the USFS 
(approximately 197,000 acres). The addition of Molok Luyuk to 
the Berryessa Snow Mountain National Monument as outlined in S. 
4080 aligns with the Administration's conservation goals, and 
the Department supports the bill.
    The BLM would like to work with the Sponsor on a few 
modifications including extending the timeframe outlined in S. 
4080 to complete the comprehensive management plan for the 
monument. The BLM notes that thoughtful and deliberative land 
use planning efforts can take 24 several years to complete, 
including public involvement and fulfilling requirements under 
the NEPA and each agencies' planning regulations. Including 
more achievable timelines would allow for robust public comment 
and coordination with Tribes through the planning process.
    The Department appreciates the bill's direction to continue 
to work with Federally recognized tribes for the management of 
the National Monument. Since its establishment, both the BLM 
the USFS have worked to carefully manage the objects and values 
identified in Presidential Proclamation 9298. The agencies have 
held several community conversations to gather public input and 
build a shared vision for stewardship of the monument, 
including a workshop held in January with the Yocha Dehe Wintun 
Nation, where the BLM discussed projects and possible 
collaboration with the Tribe. Additionally, the BLM has created 
and filled a new Tribal Liaison position in California to 
facilitate consultation and collaboration with Tribes.
    The BLM notes this aspect of the bill aligns with the 
Administration's efforts to strengthen opportunities for Tribal 
engagement in the management of Federal lands. In January 2021, 
President Biden established his commitment to strengthen 
nation-to-nation relationships in his Presidential Memorandum 
on Tribal Consultation and Strengthening Nation-to-Nation 
Relationships. Consultation and collaboration are essential for 
Tribal governments to shape decisions for the protection of 
sacred sites and traditional cultural properties, conservation 
of native plants and wildlife, recreation, and other uses and 
values of the monument.
    Furthermore, President Biden recently built upon this 
commitment in announcing that the Department the USDA created 
the ``Tribal Homelands Initiative.'' Through a joint 
Secretarial Order 3403, the two Departments codified a policy 
to facilitate agreements with Tribes to collaborate in the co-
stewardship of Federal lands and waters. Moreover, the 
Departments have also entered into a memorandum of 
understanding signed by eight agencies, which will increase 
collaboration with Tribes to ensure stewardship and access to 
sites, and incorporate traditional ecological knowledge into 
management, treatment, and protection procedures. The 
Administration recognizes and affirms that the United States' 
trust and treaty obligations are an integral part of each 
Department's responsibilities for managing Federal lands.

Testimony of Christopher French, Deputy Chief, National Forest System, 
         United States Department of Agriculture Forest Service

    S. 4080, the ``Berryessa Snow Mountain National Monument 
Expansion Act'' would expand the boundary of the Berryessa Snow 
Mountain National Monument to include the Walker Ridge (Molok 
Luyuk) Addition, which is approximately 3,925 acres of Federal 
land administered by the U.S. Department of the Interior's 
Bureau of Land Management (BLM) in Lake County, California. The 
Secretary of the Interior would administer the Walker Ridge 
(Molok Luyuk) Addition as part of the expanded Berryessa Snow 
Mountain National Monument.
    The proposed Walker Ridge (Molok Luyuk) Addition would be 
managed by the Department of the Interior (DOI). As such, USDA 
defers comments on inclusion of these lands into the Berryessa 
Snow Mountain National Monument to the Secretary of the 
Interior.
    The Mendocino National Forest has completed its 
administrative requirements for their Land Management Plan 
pertaining to protection of objects of interest identified in 
the executive proclamation of the Berryessa Snow Mountain 
National Monument. Because the proposed Walker Ridge (Molok 
Luyuk) Addition is solely on BLM-managed lands, the Forest 
Service would likely remain administratively complete in its 
tasks.
    However, if additional work is needed to update the joint 
Monument management plan, the USDA would like to work with the 
bill sponsors and the Subcommittee to extend the timeframe from 
one year to three years to develop or update the joint USDA/DOI 
comprehensive Monument management plan and consult with 
affected Indian Tribes. Since 2018, 98 percent of the Mendocino 
National Forest has burned. The Forest is focusing staff 
resources on fire recovery, hazard abatement, fuels treatments 
and ecosystem recovery of the forest and the Monument.
    The USDA is committed to the management and protection of 
the dramatic geology, remarkable biological diversity, rich 
cultural history, and plentiful recreation opportunities in the 
Berryessa Snow Mountain National Monument. The USDA is also 
committed to our partnerships with DOI and BLM, affected Indian 
Tribes, and local communities in managing this unique resource. 
To accomplish the intent of this Act and ensure we have a 
comprehensive and updated Monument management plan with Tribal 
consultation, USDA would like to work with the bill sponsors 
and the Subcommittee to address the specific concern noted in 
our testimony regarding extending the timeline to update this 
plan.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]