II 

112TH CONGRESS 

2D SESSION S. 3375 

To designate the Berryessa Snow Mountain National Conservation Area in 

the State of California, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2012 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To designate the Berryessa Snow Mountain National Conservation Area in the State of California, and for other 

purposes. 

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Berryessa Snow Mountain National Conservation Area 

6 Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

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Sec. 3. Establishment of Berryessa Snow Mountain National Conservation 

Area, California. 

Sec. 4. Access and buffer zones. 

Sec. 5. Management of Federal lands in conservation area. 

Sec. 6. Berryessa Snow Mountain National Conservation Area Advisory Council. 

Sec. 7. Water. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COUNCIL.—The term ‘‘advisory 

4 council’’ means the Berryessa Snow Mountain Na5 tional Conservation Area Advisory Council. 

6 (2) CONSERVATION AREA.—The term ‘‘con7 servation area’’ means the Berryessa Snow Moun8 tain National Conservation Area. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ 

10 means— 

11 (A) the Secretary of Agriculture, with re12 spect to those conservation area lands under 

13 the jurisdiction of the Secretary of Agriculture; 

14 and 

15 (B) the Secretary of the Interior, with re16 spect to those conservation area lands under 

17 the jurisdiction of the Secretary of the Interior. 

18 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

19 mean the Secretary of Agriculture and the Secretary 

20 of the Interior acting jointly. 

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

22 of California. 

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1 (6) MOTOR VEHICLE USE MAPS.—The term 

2 ‘‘motor vehicle use maps’’ means the maps produced 

3 by the Forest Service titled ‘‘Motor Vehicle Use 

4 Map, Mendocino National Forest, SOUTH MAP, 

5 California, 2008’’ and ‘‘Motor Vehicle Use Map, 

6 Mendocino National Forest, SOUTH CENTRAL 

7 MAP, California, 2008’’ and any amendments to 

8 those maps. 

9 SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN 

10 NATIONAL CONSERVATION AREA, CALI11 FORNIA. 

12 (a) ESTABLISHMENT.—Subject to valid existing 

13 rights, there is hereby established the Berryessa Snow 

14 Mountain National Conservation Area in the State. 

15 (b) PURPOSE.—The purpose of the Berryessa Snow 

16 Mountain National Conservation Area is to conserve, pro17 tect, and enhance for the benefit and enjoyment of present 

18 and future generations the ecological, scenic, wildlife, rec19 reational, cultural, historical, natural, educational, and 

20 scientific resources of the lands included in the conserva21 tion area. 

22 (c) AREA INCLUDED.—The conservation area con23 sists of approximately 319,300 acres of Federal land and 

24 interests in Federal land within Napa, Lake, Mendocino, 

25 and Yolo Counties, California, as depicted on the map enmstockstill on DSK4VPTVN1PROD with BILLS

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1 titled ‘‘Berryessa Snow Mountain National Conservation 

2 Area’’ and dated May 2, 2012. 

3 (d) LEGAL DESCRIPTIONS; CORRECTIONS OF ER4 RORS.— 

5 (1) PREPARATION.—As soon as practical after 

6 the date of enactment of this Act, but in no event 

7 later than two years after such date, the Secretaries 

8 shall prepare final maps and legal descriptions of the 

9 conservation area. 

10 (2) SUBMISSION.—As soon as practicable after 

11 the preparation of the maps and legal descriptions 

12 under paragraph (1), the Secretaries shall submit 

13 the maps and legal descriptions to the Committee on 

14 Natural Resources of the House of Representatives 

15 and to the Committee on Energy and Natural Re16 sources of the Senate. 

17 (3) PUBLIC AVAILABILITY.—The maps and 

18 legal descriptions prepared under paragraph (1) 

19 shall be available for public inspection at appropriate 

20 offices of the Bureau of Land Management and For21 est Service. 

22 (4) LEGAL EFFECT.—The maps and legal de23 scriptions of the conservation area shall have the 

24 same force and effect as if included in this Act, ex25 cept that the Secretaries may correct clerical and tymstockstill on DSK4VPTVN1PROD with BILLS

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1 pographical errors in the maps and legal descrip2 tions. 

3 SEC. 4. ACCESS AND BUFFER ZONES. 

4 (a) ACCESS.—The Secretary shall continue to provide 

5 private landowners adequate access to inholdings in the 

6 conservation area. 

7 (b) BUFFER ZONES.— 

8 (1) IN GENERAL.—Nothing in this Act creates 

9 a protective perimeter of buffer zone around the con10 servation area. 

11 (2) ACTIVITIES OUTSIDE OF CONSERVATION

12 AREA.—The fact that any activities or uses outside 

13 of areas designated by this Act can be seen or heard 

14 within the conservation area shall not preclude the 

15 activities or uses outside of the conservation area. 

16 SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVA17 TION AREA. 

18 (a) BASIS OF MANAGEMENT.— 

19 (1) APPLICABLE LAWS.—The Secretary shall 

20 manage the conservation area in a manner that con21 serves, protects, and enhances the natural resources 

22 and values of the conservation area, in accordance 

23 with— 

24 (A) this Act; 

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1 (B) the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1701 et seq.) for 

3 lands managed by the Bureau of Land Manage4 ment; 

5 (C) the Wilderness Act (16 U.S.C. 1131 et 

6 seq.); 

7 (D) the Act of June 17, 1902 (commonly 

8 known as the Reclamation Act of 1902; 32 

9 Stat. 388) and Acts amendatory thereof and 

10 supplemental thereto; 

11 (E) other laws (including regulations) ap12 plicable to the National Forest System for land 

13 managed by the Forest Service; and 

14 (F) other applicable law (including regula15 tions). 

16 (2) RESOLUTION OF CONFLICTS.—If there is a 

17 conflict between a provision of this Act and a provi18 sion of one of the other laws specified in paragraph 

19 (1), the more restrictive provision shall control. 

20 (b) USES.—The Secretary shall allow only such uses 

21 of the conservation area as the Secretary determines 

22 would further the purposes for which the conservation 

23 area is established. 

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1 (c) TRIBAL CULTURAL USES.—Nothing in this Act 

2 shall be construed to enlarge or diminish the rights of any 

3 Indian tribe. 

4 (d) RECREATION.—The Secretary shall continue to 

5 authorize, maintain, and enhance the recreational use of 

6 the conservation area, including hunting, fishing, camping, 

7 hiking, hang gliding, sightseeing, nature study, horseback 

8 riding, mountain biking, rafting, motorized recreation on 

9 authorized routes, and other recreational activities, so long 

10 as such recreational use is consistent with the purposes 

11 of the conservation area, this section, other applicable law 

12 (including regulations), and applicable management plans. 

13 (e) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Within three years after the 

15 date of enactment of this Act, the Secretaries shall 

16 develop a comprehensive plan for the protection and 

17 management of the Federal lands included within 

18 the conservation area that fulfills the purposes for 

19 which the conservation area is established. In imple20 menting the management plan and in considering 

21 any recommendations from the advisory council, the 

22 Secretaries shall consult on a regular basis. 

23 (2) PURPOSES.—The management plan shall— 

24 (A) describe the appropriate uses and 

25 management of the conservation area; 

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1 (B) be developed with extensive public 

2 input; 

3 (C) take into consideration any informa4 tion developed in studies of the land within the 

5 conservation area; 

6 (D) assess the impacts of climate change 

7 on the conservation area and establish policies 

8 and procedures to ensure the preservation of 

9 wildlife corridors and facilitate species migra10 tion; 

11 (E) include a comprehensive weed manage12 ment strategy (including use of grazing where 

13 appropriate) to guide noxious weed control ef14 forts and activities; 

15 (F) identify and prioritize habitat restora16 tion opportunities and strategies within the con17 servation area; 

18 (G) identify opportunities to enhance rec19 reational opportunities throughout the conserva20 tion area; 

21 (H) identify areas outside of designated 

22 wilderness where non-motorized recreation will 

23 be emphasized; 

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1 (I) identify opportunities to improve fish 

2 passage and habitat quality for native fish spe3 cies; 

4 (J) include a plan to address the public 

5 safety and environmental clean-up issues associ6 ated with illegal marijuana production within 

7 the conservation area; 

8 (K) identify opportunities to promote vol9 untary cooperative conservation projects with 

10 State, local, and private interests; and 

11 (L) take into consideration existing land 

12 uses (including grazing) on the Federal lands 

13 within the conservation area. 

14 (3) OTHER PLANS.—In developing the manage15 ment plan, and to the extent consistent with this 

16 section, the Secretary may incorporate any provision 

17 from a resource management plan, land and re18 source management plan, or any other plan applica19 ble to the conservation area. 

20 (4) COOPERATIVE AGREEMENTS.—In carrying 

21 out this Act, the Secretary may make grants to, or 

22 enter into cooperative agreements with, State, tribal, 

23 and local governmental entities and private entities 

24 to conduct research, develop scientific analyses, and 

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1 carry out any other initiative relating to the restora2 tion or conservation of the conservation area. 

3 (f) FISH AND WILDLIFE.—Nothing in this Act af4 fects the jurisdiction of the State with respect to fish and 

5 wildlife located on public land in the State, except that 

6 the Secretary, after consultation with the California De7 partment of Fish and Game, may designate zones in the 

8 conservation area where, and periods when, hunting shall 

9 not be allowed for reasons of public safety, administration, 

10 or public use and enjoyment. 

11 (g) MOTORIZED VEHICLES.— 

12 (1) IN GENERAL.—Except where needed for ad13 ministrative purposes or to respond to an emer14 gency, the use of motorized vehicles on lands within 

15 the conservation area shall be permitted only on des16 ignated roads and trails. 

17 (2) ADDITIONAL REQUIREMENT.—In developing 

18 the management plan required by this section, and 

19 to the extent consistent with this section, the Sec20 retary, for lands under jurisdiction of Forest Serv21 ice, shall incorporate the motor vehicle use maps. In 

22 developing the management plan (and making any 

23 subsequent amendment to the management plan), 

24 the Secretary shall explicitly analyze and docu25 ment— 

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1 (A) each instance in which the require2 ments of this section or other applicable law 

3 makes it necessary to alter the motor vehicle 

4 use maps; and 

5 (B) the manner in which the motor vehicle 

6 use maps are consistent with the requirements 

7 of this section. 

8 (h) INCORPORATION OF ACQUIRED LANDS AND IN9 TERESTS.— 

10 (1) AUTHORITY.—The Secretary may acquire 

11 non-Federal land within the boundaries of the con12 servation area only through exchange, donation, or 

13 purchase from a willing seller. 

14 (2) MANAGEMENT.—Any land or interest in 

15 land that is located within the conservation area that 

16 is acquired by the United States shall— 

17 (A) become part of the conservation area; 

18 and 

19 (B) be managed in accordance with this 

20 Act. 

21 (i) WITHDRAWAL.—Subject to valid existing rights, 

22 all Federal land within the conservation area is withdrawn 

23 from— 

24 (1) entry, appropriation, or disposal under the 

25 public land laws; 

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1 (2) location, entry, and patent under the mining 

2 laws; and 

3 (3) leasing or disposition under all laws relating 

4 to— 

5 (A) minerals; and 

6 (B) operation of the mineral leasing, min7 eral materials, and geothermal leasing laws. 

8 (j) GRAZING.— 

9 (1) PERMITTED.—The Secretary shall permit 

10 grazing within the conservation area— 

11 (A) where established before the date of 

12 enactment of this Act; or 

13 (B) through the issuance of annual permits 

14 for non-commercial grazing for the purposes of 

15 control of noxious weeds within the conservation 

16 area. 

17 (2) REQUIREMENT.—Grazing permitted under 

18 paragraph (1) shall be— 

19 (A) subject to all applicable laws (including 

20 regulations); and 

21 (B) consistent with the purposes of the 

22 conservation area. 

23 (k) WILDLAND FIRE OPERATIONS.—Nothing in this 

24 section prohibits the Secretary, in cooperation with other 

25 Federal, State, and local agencies, as appropriate, from 

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1 conducting wildland fire operations in the conservation 

2 area, consistent with the purposes of the conservation 

3 area. 

4 (l) HORSES.—Subject to any terms and conditions 

5 determined to be necessary by the Secretary, nothing in 

6 this Act precludes horseback riding in, or the entry of rec7 reational or commercial saddle or pack stock into, the con8 servation area where such use is consistent with the pur9 poses of the conservation area and other applicable law 

10 (including regulations). 

11 SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CON12 SERVATION AREA ADVISORY COUNCIL. 

13 (a) ESTABLISHMENT.—Not less than 180 days after 

14 the date of enactment of this Act, the Secretaries shall 

15 establish an advisory council, to be known as the 

16 ‘‘Berryessa Snow Mountain National Conservation Area 

17 Advisory Council’’. 

18 (b) DUTIES.—The advisory council shall advise the 

19 Secretaries with respect to the preparation and implemen20 tation of the management plan for the conservation area. 

21 (c) APPLICABLE LAW.—The advisory council shall be 

22 subject to— 

23 (1) the Federal Advisory Committee Act (5 

24 U.S.C. App.); 

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1 (2) the Federal Land Policy and Management 

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

3 (3) all other applicable law. 

4 (d) MEMBERS.—The advisory council shall include 11 

5 members, to be appointed by the Secretaries, of whom, 

6 to the extent practicable— 

7 (1) one member shall be appointed after consid8 ering the recommendations of the Lake County 

9 Board of Supervisors; 

10 (2) one member shall be appointed after consid11 ering the recommendations of the Napa County 

12 Board of Supervisors; 

13 (3) one member shall be appointed after consid14 ering the recommendations of the Yolo County 

15 Board of Supervisors; 

16 (4) one member shall be appointed after consid17 ering the recommendations of the Mendocino County 

18 Board of Supervisors; 

19 (5) one member shall be appointed after consid20 ering the recommendations of the head of the Cali21 fornia Resources Agency; 

22 (6) one member shall be appointed to represent 

23 Native American Tribes; 

24 (7) five members shall reside in, or within rea25 sonable proximity to, Yolo County, Napa County, 

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1 Mendocino County, or Lake County, California, with 

2 backgrounds that reflect— 

3 (A) the purposes for which the conserva4 tion area was established; and 

5 (B) the interest of the stakeholders that 

6 are affected by the planning and management 

7 of the conservation area. 

8 (e) REPRESENTATION.—The Secretaries shall ensure 

9 that the membership of the advisory council is fairly bal10 anced in terms of the points of view represented and the 

11 functions to be performed by the advisory council. 

12 (f) TERMS.— 

13 (1) STAGGERED TERMS.—Members of the advi14 sory council shall be appointed for terms of 3 years, 

15 except that, of the members first appointed, 4 of the 

16 members shall be appointed for a term of 1 year and 

17 4 of the members shall be appointed for a term of 

18 2 years. 

19 (2) REAPPOINTMENT.—A member may be re20 appointed to serve on the advisory council upon the 

21 expiration of the member’s current term. 

22 (3) VACANCY.—A vacancy on the advisory 

23 council shall be filled in the same manner as the 

24 original appointment. 

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1 (g) QUORUM.—A quorum shall be six members of the 

2 advisory council. The operations of the advisory council 

3 shall not be impaired by the fact that a member has not 

4 yet been appointed as long as a quorum has been attained. 

5 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

6 council shall elect a chairperson and establish such rules 

7 and procedures as it deems necessary or desirable. 

8 (i) SERVICE WITHOUT COMPENSATION.—Members of 

9 the advisory council shall serve without pay. 

10 (j) TERMINATION.—The advisory committee shall 

11 cease to exist— 

12 (1) on the date that is five years after the date 

13 on which the management plan is officially adopted 

14 by the Secretaries; or 

15 (2) on such later date as the Secretaries con16 sider appropriate. 

17 SEC. 7. WATER. 

18 Nothing in this Act— 

19 (1) affects the use or allocation, in existence on 

20 the date of enactment of this Act, of any water, 

21 water right, or interest in water; 

22 (2) affects any vested absolute or decreed condi23 tional water right in existence on the date of enact24 ment of this Act, including any water right held by 

25 the United States; 

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1 (3) affects any interstate water compact in ex2 istence on the date of enactment of this Act; 

3 (4) authorizes or imposes any new reserved 

4 Federal water rights; 

5 (5) relinquishes or reduces any water rights re6 served or appropriated by the United States in the 

7 State on or before the date of enactment of this Act; 

8 (6) impairs the ability of the Bureau of Rec9 lamation and its managing partners to operate, 

10 maintain, or manage Monticello Dam, Lake 

11 Berryessa, and other Solano Project facilities in ac12 cordance with the purposes of such project; or 

13 (7) modifies, changes, or supersedes any water 

14 contract or agreements approved or administered by 

15 the Bureau of Reclamation or Solano County Water 

16 Agency or Solano Irrigation District. 

Æ 

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