II 

112TH CONGRESS 

1ST SESSION S. 173 

To establish the Sacramento River National Recreation Area in the State 

of California. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To establish the Sacramento River National Recreation Area 

in the State of California. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sacramento River Na5 tional Recreation Area Act of 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADVISORY COUNCIL.—The term ‘‘Advisory 

9 Council’’ means the Sacramento River National 


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1 Recreation Area Advisory Council established by sec2 tion 5(a). 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan for the 

5 Recreation Area prepared under section 4(c). 

6 (3) RECREATION AREA.—The term ‘‘Recreation 

7 Area’’ means the Sacramento River National Recre8 ation Area. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (5) STATE.—The term ‘‘State’’ means the State 

12 of California. 

13 SEC. 3. ESTABLISHMENT OF SACRAMENTO RIVER NA14 TIONAL RECREATION AREA. 

15 (a) IN GENERAL.—To conserve, protect, and enhance 

16 the landscape described in subsection (b) in order to pro17 mote the outstanding recreational, ecological, geological, 

18 scenic, cultural, and historic resources, fish and wildlife 

19 values, and other resources of the landscape, there is es20 tablished the Sacramento River National Recreation Area 

21 in the State, to be managed by the Secretary. 

22 (b) BOUNDARIES.—The Recreation Area shall consist 

23 of approximately 17,869 acres of Federal land in Tehama 

24 County and Shasta County, California, adjacent to the 

25 Sacramento River, lower Battle Creek, and lower Paynes 


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1 Creek, as generally depicted on the map entitled ‘‘Sac2 ramento River National Recreation Area’’ and dated Feb3 ruary 2, 2010. 

4 (c) MAP.— 

5 (1) IN GENERAL.—As soon as practicable, but 

6 not later than 3 years, after the date of enactment 

7 of this Act, the Secretary shall submit a map and 

8 legal description of the Recreation Area to— 

9 (A) the Committee on Energy and Natural 

10 Resources of the Senate; and 

11 (B) the Committee on Natural Resources 

12 of the House of Representatives. 

13 (2) EFFECT.—The map and legal description 

14 submitted under paragraph (1) shall have the same 

15 force and effect as if included in this Act, except 

16 that the Secretary may correct any clerical and typo17 graphical errors in the map and legal description. 

18 (3) AVAILABILITY.—Copies of the map sub19 mitted under paragraph (1) shall be on file and 

20 available for public inspection in— 

21 (A) the Office of the Director of the Bu22 reau of Land Management; and 

23 (B) the appropriate office of the Bureau of 

24 Land Management in California. 


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1 (d) INCLUSION IN NATIONAL LANDSCAPE CON2 SERVATION SYSTEM.—The Recreation Area shall be in3 cluded in the National Landscape Conservation System. 

4 SEC. 4. MANAGEMENT. 

5 (a) IN GENERAL.—The Secretary shall manage the 

6 Recreation Area to further the purposes described in sec7 tion 3(a), in accordance with— 

8 (1) this Act; 

9 (2) the Federal Land Policy and Management 

10 Act of 1976 (43 U.S.C. 1701 et seq.); and 

11 (3) any other applicable law. 

12 (b) USES.—The Secretary shall only allow uses of the 

13 Recreation Area that would further the purposes for which 

14 the area is designated, as described in section 3(a). 

15 (c) RECREATION AREA MANAGEMENT PLAN.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date of enactment of this Act, the Secretary 

18 shall submit a comprehensive plan for the long-range 

19 protection and management of the Recreation Area 

20 to— 

21 (A) the Committee on Energy and Natural 

22 Resources of the Senate; and 

23 (B) the Committee on Natural Resources 

24 of the House of Representatives. 


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1 (2) CONTENTS OF PLAN.—The management 

2 plan— 

3 (A) shall describe the appropriate uses and 

4 management of the Recreation Area in accord5 ance with this Act; 

6 (B) may incorporate any appropriate deci7 sions, as determined by the Secretary, in ac8 cordance with this Act, that are contained in 

9 any management or activity plan for the area 

10 completed before the date of enactment of this 

11 Act; 

12 (C) may incorporate appropriate wildlife 

13 habitat management plans or other plans pre14 pared for the land within or adjacent to the 

15 Recreation Area before the date of enactment of 

16 this Act, in accordance with this Act; 

17 (D) shall include a monitoring and enforce18 ment strategy; 

19 (E) shall be prepared in consultation 

20 with— 

21 (i) the Sacramento River National 

22 Recreation Area Advisory Council; 

23 (ii) appropriate Federal, State, and 

24 local agencies (including Tehama County 

25 and Shasta County, California); 


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1 (iii) adjacent landowners; and 

2 (iv) other stakeholders; and 

3 (F) may use information developed under 

4 any studies of land within or adjacent to the 

5 Recreation Area carried out before the date of 

6 enactment of this Act. 

7 (d) ACQUISITION OF PROPERTY.— 

8 (1) IN GENERAL.—The Secretary may acquire 

9 land adjacent to the National Recreation Area by 

10 purchase from willing sellers, donation, or exchange. 

11 (2) MANAGEMENT.—Any land acquired under 

12 paragraph (1) shall be managed in accordance 

13 with— 

14 (A) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); 

16 (B) this Act; and 

17 (C) any other applicable law (including 

18 regulations). 

19 (3) IMPROVED ACCESS.—The Secretary may ac20 quire, through voluntary sale, donation, exchange, or 

21 easement, land or interest in land to improve public 

22 safety in providing access to the Recreation Area. 

23 (e) PRIVATE PROPERTY.— 

24 (1) ACCESS TO PRIVATE PROPERTY.— 


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1 (A) IN GENERAL.—The Secretary shall 

2 provide landowners adequate access to 

3 inholdings within the Recreation Area. 

4 (B) INHOLDINGS.—For access purposes, 

5 private land adjacent to the Recreation Area to 

6 which there is no other practicable access ex7 cept through the Recreation Area shall be man8 aged as an inholding. 

9 (2) USE OF PRIVATE PROPERTY.—Nothing in 

10 this Act affects the ownership, management, or 

11 other rights relating to any non-Federal land (in12 cluding any interest in any non-Federal land). 

13 (3) BUFFER ZONES.—Nothing in this Act cre14 ates a protective perimeter or buffer zone around 

15 any area designated as a Recreation Area by this 

16 Act. 

17 (4) VALID RIGHTS.—Nothing in this Act affects 

18 any easements, rights-of-way, and other valid rights 

19 in existence on the date of enactment of this Act. 

20 (f) WATER RIGHT EXCLUSION.—Nothing in this 

21 Act— 

22 (1) shall constitute or be construed to con23 stitute either an express or implied reservation by 

24 the United States of any water or water rights with 


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1 respect to the land designated as a National Recre2 ation Area by section 3(a); or 

3 (2) shall affect any water rights existing on the 

4 date of enactment of this Act. 

5 (g) HUNTING AND FISHING.—Nothing in this Act— 

6 (1) limits hunting or fishing; or 

7 (2) affects the authority, jurisdiction, or respon8 sibility of the State to manage, control, or regulate 

9 fish and resident wildlife under State law (including 

10 regulations), including the regulation of hunting or 

11 fishing on public land managed by the Bureau of 

12 Land Management. 

13 (h) MOTORIZED VEHICLES.—Except in cases in 

14 which motorized vehicles are needed for administrative 

15 purposes or to respond to an emergency, the use of motor16 ized vehicles on public land in the Recreation Area shall 

17 be permitted only on routes designated by the manage18 ment plan for the use of motorized vehicles. 

19 (i) MOTORIZED BOATS.— 

20 (1) IN GENERAL.—Nothing in this Act restricts 

21 the use of motorized boats on the Sacramento River. 

22 (2) REGULATION.—Tehama County and Shasta 

23 County, California, and the California Department 

24 of Boating and Waterways shall retain authority to 


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1 regulate motorized boating for the purpose of ensur2 ing public safety and environmental protection. 

3 (j) GRAZING.—In the Recreation Area, the grazing 

4 of livestock in areas in which grazing is allowed as of the 

5 date of enactment of this Act shall be allowed to continue, 

6 consistent with— 

7 (1) this Act; 

8 (2) the Federal Land Policy and Management 

9 Act of 1976 (43 U.S.C. 1701 et seq.); and 

10 (3) any regulations promulgated by the Sec11 retary, acting through the Director of the Bureau of 

12 Land Management. 

13 (k) WITHDRAWAL.—Subject to valid existing rights, 

14 all Federal land within the Recreation Area is withdrawn 

15 from— 

16 (1) all forms of entry, appropriation, and dis17 posal under the public land laws; 

18 (2) location, entry, and patenting under the 

19 mining laws; and 

20 (3) operation of the mineral leasing, mineral 

21 materials, and geothermal leasing laws. 


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1 SEC. 5. SACRAMENTO RIVER NATIONAL RECREATION AREA 

2 ADVISORY COUNCIL. 

3 (a) ESTABLISHMENT.—There is established an advi4 sory council to be known as the ‘‘Sacramento River Na5 tional Recreation Area Advisory Council’’. 

6 (b) PURPOSE.—The purposes of the Advisory Council 

7 are— 

8 (1) to ensure public involvement in the manage9 ment of the Recreation Area; 

10 (2) to provide advice and recommendations to 

11 the Secretary relating to the development, implemen12 tation, and amendment of the management plan; 

13 and 

14 (3) to improve collaborative relationships among 

15 persons and entities interested in the management of 

16 the Recreation Area. 

17 (c) COMPOSITION OF COUNCIL.—The Advisory Coun18 cil shall consist of 11 members, of whom— 

19 (1) 3 members shall be appointed by the Sec20 retary, based on recommendations from the Board 

21 of Supervisors of Tehama County, to represent 

22 Tehama County, California; 

23 (2) 1 member shall be appointed by the Sec24 retary, based on recommendations from the Board 

25 of Supervisors of Shasta County, to represent Shas26 ta County, California; 


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1 (3) 1 member shall be appointed by the Sec2 retary to represent the conservation community that 

3 is carrying out conservation activities in or near the 

4 Recreation Area; 

5 (4) 1 member shall be appointed by the Sec6 retary from the livestock grazing community in or 

7 near the Recreation Area; 

8 (5) 1 member shall be appointed by the Sec9 retary to represent Indian tribes in or near the 

10 Recreation Area; and 

11 (6) 4 members shall be appointed by the Sec12 retary to represent different sectors of the recreation 

13 community that are carrying out activities in or near 

14 the Recreation Area. 

15 (d) TERMS.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (3), a member of the Advisory Council shall 

18 be appointed to a term of 4 years. 

19 (2) REAPPOINTMENT.—A member of the Advi20 sory Council may be reappointed to additional 4-year 

21 terms. 

22 (3) INITIAL TERM.—Of the members initially 

23 appointed to the Advisory Council— 

24 (A) 5 shall be appointed for a term of 2 

25 years; and 


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1 (B) 6 shall be appointed for a term of 4 

2 years. 

3 (e) CHAIRPERSON.— 

4 (1) IN GENERAL.—The Advisory Council shall 

5 elect a member of the Advisory Council to serve as 

6 chairperson of the Advisory Council. 

7 (2) TERM.—The chairperson of the Advisory 

8 Council shall serve for a term of 1 year. 

9 (3) REELECTION.—The chairperson may be re10 elected for additional 1-year terms. 

11 (f) CONSULTATION WITH SECRETARY.—The Sec12 retary shall consult with the Advisory Council on a peri13 odic basis to discuss matters relating to the development 

14 and implementation of the management plan for the 

15 Recreation Area. 

16 (g) MEETINGS.— 

17 (1) IN GENERAL.—The Advisory Council shall 

18 meet— 

19 (A) at the call of the Secretary; but 

20 (B) not less than— 

21 (i) 4 times annually while the man22 agement plan is being developed, unless a 

23 majority of members of the Advisory Coun24 cil determine the meetings to be unneces25 sary; and 


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1 (ii) not less than annually after the 

2 management plan is completed. 

3 (2) PUBLIC ACCESS.—All meetings of the Advi4 sory Council shall be open to the public. 

5 (3) PUBLIC COMMENTS.—During meetings, the 

6 Advisory Council shall provide interested persons a 

7 reasonable opportunity to comment on the manage8 ment of the Recreation Area. 

9 (4) NOTICE.—The Secretary shall provide ap10 propriate notice of the time, date, and location of 

11 each meeting of the Advisory Council. 

12 (h) COMPENSATION.—Members of the Advisory 

13 Council shall serve without pay. 

14 (i) TERMINATION.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the Advisory Council shall terminate on 

17 the date that is 20 years after the date of enactment 

18 of this Act. 

19 (2) EXCEPTION.—The Secretary may, at the re20 quest of the Advisory Council, extend the authority 

21 of the Advisory Council beyond the date specified in 

22 paragraph (1). 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act such sums as are necessary. 

Æ 


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