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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4521 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 4521

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2016

Mr. Thompson of California (for himself, Mr. Becerra, Mr. Benishek, Mr. 
    Bera, Mr. Bilirakis, Mr. Bishop of Georgia, Mr. Blumenauer, Mr. 
 Boustany, Mr. Brady of Pennsylvania, Mr. Brady of Texas, Ms. Brownley 
of California, Mr. Buchanan, Mr. Calvert, Mr. Cardenas, Mr. Carney, Mr. 
  Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. 
  Clay, Mr. Cohen, Mr. Cole, Mr. Connolly, Mr. Conyers, Mr. Cook, Mr. 
Cooper, Mr. Costa, Mr. Crenshaw, Mr. Crowley, Mrs. Davis of California, 
   Ms. DeGette, Mr. Delaney, Ms. DeLauro, Mr. Dent, Ms. Edwards, Ms. 
Eshoo, Ms. Esty, Mr. Farr, Mr. Fattah, Mr. Fitzpatrick, Mr. Garamendi, 
Mr. Grijalva, Mr. Ruppersberger, Mr. Ryan of Ohio, Ms. Schakowsky, Mr. 
    Schiff, Mr. David Scott of Georgia, Mr. Sessions, Ms. Sewell of 
Alabama, Mr. Shimkus, Ms. Sinema, Mr. Sires, Ms. Slaughter, Ms. Speier, 
  Mr. Swalwell of California, Mr. Takano, Mr. Tiberi, Ms. Titus, Mr. 
   Tonko, Mr. Vargas, Mr. Walz, Ms. Maxine Waters of California, Mr. 
Westmoreland, Ms. Wilson of Florida, Mr. Young of Alaska, Mr. Capuano, 
      Mr. Carson of Indiana, Mr. Doggett, Mr. Michael F. Doyle of 
    Pennsylvania, Mr. Engel, Ms. Gabbard, Mr. Grayson, Mr. Heck of 
   Washington, Mr. Himes, Mr. Keating, Mr. Kennedy, Mr. Kilmer, Ms. 
 Kuster, Mr. Levin, Mr. Lewis, Mrs. Lowey, Mr. Neal, Mr. Hastings, Mr. 
Honda, Mr. Huffman, Mr. Hunter, Mr. Israel, Mr. Johnson of Georgia, Ms. 
 Eddie Bernice Johnson of Texas, Ms. Kaptur, Mr. King of New York, Mr. 
 LaMalfa, Mr. Langevin, Mr. Larson of Connecticut, Mr. Latta, Ms. Lee, 
  Mr. LoBiondo, Ms. Lofgren, Mr. Lowenthal, Mr. Ben Ray Lujan of New 
   Mexico, Ms. Michelle Lujan Grisham of New Mexico, Mrs. Carolyn B. 
   Maloney of New York, Ms. Matsui, Ms. McCollum, Mr. McDermott, Mr. 
McNerney, Mr. Meehan, Ms. Meng, Ms. Moore, Mr. Murphy of Florida, Mrs. 
   Napolitano, Mr. Nolan, Mr. Nunes, Mr. O'Rourke, Mr. Pascrell, Mr. 
 Perlmutter, Ms. Pingree, Mr. Pocan, Mr. Poe of Texas, Mr. Polis, Mr. 
 Rangel, Ms. Roybal-Allard, Mr. Price of North Carolina, Mr. Ruiz, Ms. 
   Linda T. Sanchez of California, Mr. Sherman, Mr. Van Hollen, Mr. 
    Veasey, Mr. Vela, Ms. Velazquez, Mr. Yarmuth, Ms. Bonamici, Ms. 
 DelBene, Ms. Bass, Ms. Judy Chu of California, Ms. Hahn, Mr. Higgins, 
    Mr. Kind, Mr. McGovern, Mr. Peters, Mr. Peterson, Mr. Smith of 
   Washington, Mr. Visclosky, Ms. Wasserman Schultz, Mr. Welch, Mrs. 
Capps, Mr. DeFazio, Mr. Kildee, Mrs. Beatty, Mr. Cummings, Mr. Danny K. 
 Davis of Illinois, Mr. Deutch, Ms. Frankel of Florida, Mr. Hoyer, Ms. 
Jackson Lee, and Mr. Thompson of Mississippi) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lake Berryessa 
Recreation Enhancement Act of 2016''.
    (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. Establishment of Lake Berryessa Recreation Area.
Sec. 5. Management of Recreation Area.
Sec. 6. Concessions permits and agreements.
Sec. 7. Continued authorities of Commissioner of Reclamation.
Sec. 8. 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 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 Lake Berryessa and the surrounding 
        lands;
            (2) to conserve the natural, scenic, scientific, historic, 
        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; and
            (4) to establish the Lake Berryessa Recreation Area and 
        transfer administrative jurisdiction over certain Federal land 
        for management as public lands by the Bureau of Land Management 
        as part of that area.

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. ESTABLISHMENT OF LAKE BERRYESSA RECREATION AREA.

    (a) Establishment.--Subject to valid existing rights, the 
approximately ___ acres of land administered by the Bureau of 
Reclamation that is underlying or adjacent to Lake Berryessa and is 
identified as ``___'' on the map dated ___, including any improvements 
thereon, are hereby established as the Lake Berryessa Recreation Area.
    (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the Recreation Area is transferred from the Bureau of 
Reclamation to the Bureau of Land Management.
    (c) Transfer of Ownership of Personal Property.--The Bureau of 
Reclamation may transfer to the Bureau of Land Management, without 
compensation, administrative jurisdiction over items of personal 
property used in the administration of the Recreation Area.

SEC. 5. MANAGEMENT OF RECREATION AREA.

    (a) In General.--Subject to valid existing rights, the Secretary 
shall manage and administer the Recreation Area in accordance with this 
Act, sections 601 through 604 of Public Law 93-493, and the laws 
(including regulations) applicable to land under the administrative 
jurisdiction of the Bureau of Land Management.
    (b) Comprehensive Management Plan.--
            (1) In general.--The Secretary shall develop a management 
        plan for the administration and management of the Recreation 
        Area.
            (2) Development of management plan.--For purposes of this 
        Act, the Secretary may use or adopt, in whole or part--
                    (A) the recreational use plan adopted by the Bureau 
                of Reclamation on June 2, 2006, or may develop a new 
                management plan; and
                    (B) any concessions planning or environmental 
                documents prepared by or for the Bureau of Reclamation 
                for the Recreation Area.
            (3) NEPA.--The decision to use or adopt, in whole or part, 
        any document referenced in paragraph (2) 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 
        decision is not subject to judicial review.
            (4) Applicability.--Nothing in this Act requires an 
        immediate revision or amendment to any plan for the Recreation 
        Area.
            (5) Recreational safety and security.--Subject to paragraph 
        (5), the Secretary of the Interior may establish guidelines and 
        restrictions on recreational uses to ensure the safety and 
        security of recreational users in Recreational Area.
    (c) Funding.--For the purposes of managing and administering the 
Recreation Area during a transition period not to exceed five years 
after the date of enactment of this Act, the Secretary may transfer 
funds from the Bureau of Reclamation to the ``Bureau of Land 
Management-Management of Lands and Resources'' account, to remain 
available until expended, for the administration the Recreation Area.
    (d) Recreational Uses.--Nothing in this Act or the comprehensive 
management plan for the Recreation Area shall prohibit historical or 
existing authorized recreational uses, including motorized use, from 
occurring in the Recreation Area.

SEC. 6. CONCESSIONS PERMITS AND AGREEMENTS.

    (a) In General.--The Secretary is authorized to issue recreation 
concession permits, including at the Recreation Area, to allow a third 
party to provide facilities and services to visitors on lands and 
waters managed by the Bureau of Land Management in support of outdoor 
recreational opportunities in accordance with an applicable land use 
plan. Any such permit shall not constitute a contract for the 
procurement of goods and services for the benefit of the government or 
otherwise.
    (b) Compensation to the Government.--Each permit issued under this 
section shall provide for monetary compensation, including franchise 
fees, to the Federal Government for the rights and privileges provided.
    (c) Regulations.--The Secretary shall promulgate regulations to 
facilitate the implementation of this section.
    (d) Revenues.--Revenues collected under this section shall be 
deposited into an account in the Treasury, and shall remain available 
until expended for managing and enhancing the public lands at the 
specific area where the revenues are collected.
    (e) Existing Agreements at Lake Berryessa Recreation Area.--
            (1) Continuation of agreements.--Facilities and services 
        provided in the Recreation Area under existing recreation 
        concessions and recreation lease agreements with the Bureau of 
        Reclamation, including agreements for campgrounds and marinas, 
        may continue pursuant to the terms and conditions of each 
        agreement.
            (2) Extension of agreements.--The Secretary may extend an 
        existing recreation concessions and recreation lease agreement 
        at the Recreation Area after expiration for a period not to 
        exceed 3 years to allow continuation of services during the 
        transition.
            (3) Reduction in federal costs.--To reduce Federal costs in 
        administering this subsection, the issuance of new agreements 
        or concession permits for activities within the Recreation Area 
        that have been considered and permitted by the Bureau of 
        Reclamation under previous analysis, that are similar to 
        existing uses, or that are not inconsistent with approved uses 
        and will not substantially increase the use of an area, 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.).

SEC. 7. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION.

    (a) In General.--The Commissioner of Reclamation shall continue to 
administer and operate--
            (1) the Dam; and
            (2) any power facility relating to the Dam.
    (b) Effects.--Nothing in this Act or any subsequent management plan 
shall--
            (1) 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 authorized purposes;
            (2) affect the use or allocation, in existence on the date 
        of the enactment of this Act, of any water, water right, or 
        interest in water;
            (3) affect 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;
            (4) affect any interstate water compact in existence on the 
        date of the enactment of this Act;
            (5) authorize or impose any new reserved Federal water 
        rights;
            (6) relinquish or reduce any water rights reserved or 
        appropriated by the United States in the State on or before the 
        date of the enactment of this Act; or
            (7) modify, change, or supersede any water contract or 
        agreements approved or administered by the Bureau of 
        Reclamation or Solano County Water Agency or Solano Irrigation 
        District.

SEC. 8. EXISTING AUTHORIZATIONS.

    (a) In General.--Except as otherwise provided in this Act, 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 in 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.
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