I 

113TH CONGRESS 

1ST SESSION H. R. 1025 

To designate the Berryessa Snow Mountain National Conservation Area in 

the State of California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2013 

Mr. THOMPSON of California (for himself, Mr. GARAMENDI, Mr. HUFFMAN, 

Ms. ESHOO, and Mr. BERA of California) introduced the following bill; 

which was referred to the Committee on 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 means the Secretary of Agriculture and the Sec20 retary 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 lll acres of Federal land and 

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

25 Solano, and Yolo Counties, California, as depicted on the 


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1 map entitled ‘‘Berryessa Snow Mountain National Con2 servation Area’’ and dated llll. 

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 tyVerDate Mar 15 2010 03:52 Mar 09, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1025.IH H1025

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1 pographical errors in the maps and legal descrip2 tions. 

3 (e) SENSE OF CONGRESS.—It is the sense of Con4 gress that this Act should apply only to Federal land and 

5 interests in Federal land and should not apply to private 

6 property or other non-Federal land and interests in land. 

7 SEC. 4. ACCESS AND BUFFER ZONES. 

8 (a) NON-FEDERAL LANDS AND INTERESTS.— 

9 (1) NO REQUIREMENT OF PUBLIC ACCESS.— 

10 Nothing in this Act requires a non-Federal property 

11 owner to allow public access to private property. 

12 (2) AFFECT ON OTHER LAWS.—Nothing in this 

13 Act modifies any provision of Federal, State, or local 

14 law with respect to use of non-Federal land. 

15 (b) ACCESS.—The Secretary shall continue to provide 

16 historical and adequate access to private inholdings in the 

17 conservation area. 

18 (c) BUFFER ZONES.— 

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

20 a protective perimeter or buffer zone around the 

21 conservation area. 

22 (2) ACTIVITIES OUTSIDE OF CONSERVATION

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

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


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1 within the conservation area shall not preclude the 

2 activities or uses outside of the conservation area. 

3 SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVA4 TION AREA. 

5 (a) BASIS OF MANAGEMENT.— 

6 (1) APPLICABLE LAWS.—The Secretary shall 

7 manage the conservation area in a manner that con8 serves, protects, and enhances the natural resources 

9 and values of the conservation area, in accordance 

10 with— 

11 (A) this Act; 

12 (B) the Federal Land Policy and Manage13 ment Act of 1976 (43 U.S.C. 1701 et seq.) for 

14 lands managed by the Bureau of Land Manage15 ment; 

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

17 seq.); 

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

19 known as the Reclamation Act of 1902; 32 

20 Stat. 388) and Acts amendatory thereof and 

21 supplemental thereto; 

22 (E) other laws (including regulations) ap23 plicable to the National Forest System for land 

24 managed by the Forest Service; and 


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1 (F) other applicable law (including regula2 tions). 

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

4 conflict between a provision of this Act and a provi5 sion of one of the other laws specified in paragraph 

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

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

8 of the conservation area as the Secretary determines 

9 would further the purposes for which the conservation 

10 area is established. 

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

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

13 Indian tribe. 

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

15 authorize, maintain, and enhance the recreational use of 

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

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

18 riding, rafting, mountain biking and motorized recreation 

19 on authorized routes, and other recreational activities, so 

20 long as such recreational use is consistent with the pur21 poses of the conservation area, this section, other applica22 ble law (including regulations), and applicable manage23 ment plans. 

24 (e) MANAGEMENT PLAN.— 


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

2 date of enactment of this Act, the Secretaries shall 

3 develop a comprehensive plan for the protection and 

4 management of the Federal lands included within 

5 the conservation area that fulfills the purposes for 

6 which the conservation area is established. In imple7 menting the management plan and in considering 

8 any recommendations from the advisory council, the 

9 Secretaries shall consult on a regular basis. 

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

11 (A) describe the appropriate uses and 

12 management of the conservation area; 

13 (B) be developed with extensive public 

14 input; 

15 (C) take into consideration any informa16 tion developed in studies of the land within the 

17 conservation area; 

18 (D) assess the impacts of climate change 

19 on the conservation area and establish policies 

20 and procedures to ensure the preservation of 

21 wildlife corridors and facilitate species migra22 tion; 

23 (E) include a comprehensive weed manage24 ment strategy (including use of grazing where 


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1 appropriate) to guide noxious weed control ef2 forts and activities; 

3 (F) identify and prioritize habitat restora4 tion opportunities and strategies within the con5 servation area; 

6 (G) identify opportunities to enhance rec7 reational opportunities throughout the conserva8 tion area; 

9 (H) identify areas outside of designated 

10 wilderness where non-motorized recreation will 

11 be emphasized; 

12 (I) identify opportunities to improve fish 

13 passage and habitat quality for native fish spe14 cies; 

15 (J) include a plan to address the public 

16 safety and environmental clean-up issues associ17 ated with illegal marijuana production within 

18 the conservation area; 

19 (K) identify opportunities to promote vol20 untary cooperative conservation projects with 

21 State, local, and private interests; and 

22 (L) take into consideration existing land 

23 uses (including grazing) on the Federal lands 

24 within the conservation area. 


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1 (3) OTHER PLANS.—In developing the manage2 ment plan, and to the extent consistent with this 

3 section, the Secretary may incorporate any provision 

4 from a resource management plan, land and re5 source management plan, or any other plan applica6 ble to the conservation area. 

7 (4) COOPERATIVE AGREEMENTS.—In carrying 

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

9 enter into cooperative agreements with, State, tribal, 

10 and local governmental entities and private entities 

11 to conduct research, develop scientific analyses, and 

12 carry out any other initiative relating to the restora13 tion or conservation of the conservation area. 

14 (f) FISH AND WILDLIFE.—Nothing in this Act af15 fects the jurisdiction of the State with respect to fish and 

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

17 the Secretary, after consultation with the California De18 partment of Fish and Wildlife, may designate zones in the 

19 conservation area where, and periods when, hunting shall 

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

21 or public use and enjoyment. 

22 (g) MOTORIZED AND MECHANIZED VEHICLES.— 

23 (1) IN GENERAL.—Except where needed for ad24 ministrative purposes or to respond to an emer25 gency, the use of motorized and mechanized vehicles 


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1 on lands within the conservation area shall be per2 mitted only on roads and trails designated for their 

3 use. 

4 (2) ADDITIONAL REQUIREMENT.—In developing 

5 the management plan required by this section, and 

6 to the extent consistent with this section, the Sec7 retary, for lands under jurisdiction of Forest Serv8 ice, shall incorporate the motor vehicle use maps. In 

9 developing the management plan (and making any 

10 subsequent amendment to the management plan), 

11 the Secretary shall explicitly analyze and docu12 ment— 

13 (A) each instance in which the require14 ments of this section or other applicable law 

15 makes it necessary to alter the motor vehicle 

16 use maps; and 

17 (B) the manner in which the motor vehicle 

18 use maps are consistent with the requirements 

19 of this section. 

20 (h) INCORPORATION OF ACQUIRED LANDS AND IN21 TERESTS.— 

22 (1) AUTHORITY.—The Secretary may acquire 

23 non-Federal land within the boundaries of the con24 servation area only through exchange, donation, or 

25 purchase from a willing seller. 


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

2 land that is located within the conservation area that 

3 is acquired by the United States shall— 

4 (A) become part of the conservation area; 

5 and 

6 (B) be managed in accordance with this 

7 Act. 

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

9 all Federal land within the conservation area is withdrawn 

10 from— 

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

12 public land laws; 

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

14 laws; and 

15 (3) leasing or disposition under all laws relating 

16 to— 

17 (A) minerals; and 

18 (B) operation of the mineral leasing, min19 eral materials, and geothermal leasing laws. 

20 (j) GRAZING.— 

21 (1) IN GENERAL.—Livestock grazing within the 

22 conservation area, where established before the date 

23 of enactment of this Act, shall be permitted to con24 tinue subject to all applicable laws and regulations. 


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1 (2) OTHER GRAZING.—Livestock grazing within 

2 the conservation area, where not established before 

3 the date of enactment of this Act, shall only be per4 mitted to the extent that it is consistent with the 

5 purposes of the conservation area and subject to all 

6 applicable laws and regulations. 

7 (3) TARGETED GRAZING.—The Secretary may 

8 issue annual targeted grazing permits for purposes 

9 of the control of noxious weeds, fire suppression, or 

10 to provide other ecological benefits consistent with 

11 the purposes of the conservation area. 

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

13 section prohibits the Secretary, in cooperation with other 

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

15 conducting wildland fire operations in the conservation 

16 area, consistent with the purposes of the conservation 

17 area. 

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

19 determined to be necessary by the Secretary, nothing in 

20 this Act precludes horseback riding in, or the entry of rec21 reational or commercial saddle or pack stock into, the con22 servation area where such use is consistent with the pur23 poses of the conservation area and other applicable law 

24 (including regulations). 


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1 SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CON2 SERVATION AREA ADVISORY COUNCIL. 

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

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

5 establish an advisory council, to be known as the 

6 ‘‘Berryessa Snow Mountain National Conservation Area 

7 Advisory Council’’. 

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

9 Secretaries with respect to the preparation and implemen10 tation of the management plan for the conservation area. 

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

12 subject to— 

13 (1) the Federal Advisory Committee Act (5 

14 U.S.C. App.); 

15 (2) the Federal Land Policy and Management 

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

17 (3) all other applicable law. 

18 (d) MEMBERS.—The advisory council shall include 12 

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

20 to the extent practicable— 

21 (1) one member shall be appointed after consid22 ering the recommendations of the Lake County 

23 Board of Supervisors; 

24 (2) one member shall be appointed after consid25 ering the recommendations of the Napa County 

26 Board of Supervisors; 


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1 (3) one member shall be appointed after consid2 ering the recommendations of the Yolo County 

3 Board of Supervisors; 

4 (4) one member shall be appointed after consid5 ering the recommendations of the Mendocino County 

6 Board of Supervisors; 

7 (5) one member shall be appointed after consid8 ering the recommendations of the Solano County 

9 Board of Supervisors; 

10 (6) one member shall be appointed after consid11 ering the recommendations of the head of the Cali12 fornia Resources Agency; 

13 (7) one member shall be appointed to represent 

14 Native American Tribes; 

15 (8) five members shall reside in, or within rea16 sonable proximity to, Yolo County, Napa County, 

17 Mendocino County, Solano County, or Lake County, 

18 California, with backgrounds that reflect— 

19 (A) the purposes for which the conserva20 tion area was established; and 

21 (B) the interest of the stakeholders that 

22 are affected by the planning and management 

23 of the conservation area, including stakeholders 

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1 ership, environmental, recreational, tourism, or 

2 other non-Federal land interests. 

3 (e) REPRESENTATION.—The Secretaries shall ensure 

4 that the membership of the advisory council is fairly bal5 anced in terms of the points of view represented and the 

6 functions to be performed by the advisory council. 

7 (f) TERMS.— 

8 (1) STAGGERED TERMS.—Members of the advi9 sory council shall be appointed for terms of 3 years, 

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

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

12 4 of the members shall be appointed for a term of 

13 2 years. 

14 (2) REAPPOINTMENT.—A member may be re15 appointed to serve on the advisory council upon the 

16 expiration of the member’s current term. 

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

18 council shall be filled in the same manner as the 

19 original appointment. 

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

21 advisory council. The operations of the advisory council 

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

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


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1 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

2 council shall elect a chairperson and establish such rules 

3 and procedures as it deems necessary or desirable. 

4 (i) SERVICE WITHOUT COMPENSATION.—Members of 

5 the advisory council shall serve without pay. 

6 (j) TERMINATION.—The advisory committee shall 

7 cease to exist— 

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

9 on which the management plan is officially adopted 

10 by the Secretaries; or 

11 (2) on such later date as the Secretaries con12 sider appropriate. 

13 SEC. 7. WATER. 

14 Nothing in this Act— 

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

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

17 water right, or interest in water; 

18 (2) affects any vested absolute or decreed condi19 tional water right in existence on the date of enact20 ment of this Act, including any water right held by 

21 the United States; 

22 (3) affects any interstate water compact in ex23 istence on the date of enactment of this Act; 

24 (4) authorizes or imposes any new reserved 

25 Federal water rights; 


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1 (5) relinquishes or reduces any water rights re2 served or appropriated by the United States in the 

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

4 (6) impairs the ability of the Bureau of Rec5 lamation and its managing partners to operate, 

6 maintain, or manage Monticello Dam, Lake 

7 Berryessa, and other Solano Project facilities in ac8 cordance with the purposes of such project; 

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

10 contract or agreements approved or administered by 

11 the Bureau of Reclamation or Solano County Water 

12 Agency or Solano Irrigation District; or 

13 (8) affects the use of motorized or non14 motorized watercraft (including personal, commer15 cial, and recreational watercraft) on Lake Berryessa. 

Æ 


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