IB 

Union Calendar No. 527 

113TH CONGRESS 

2D SESSION H. R. 4166 

[Report No. 113–696] 

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 

MARCH 6, 2014 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on Natural Resources 

DECEMBER 22, 2014 

Additional sponsors: Mr. YOUNG of Alaska, Mr. ROGERS of Michigan, Mr. 

FITZPATRICK, Ms. LOFGREN, Mr. CLEAVER, Mr. CARSON of Indiana, Mr. 

CROWLEY, Mr. CAPUANO, Mr. NOLAN, Mr. DOGGETT, Mr. HOYER, Mr. 

SCHOCK, Mr. HIMES, Mr. SCOTT of Virginia, Mr. SHERMAN, Mr. DEFAZIO, Ms. LEE of California, Mr. PETERS of California, Ms. MCCOLLUM, 

Mrs. BACHMANN, Mr. PALLONE, Ms. LORETTA SANCHEZ of California, 

Mrs. NEGRETE MCLEOD, Mr. HUFFMAN, Mr. KEATING, Mr. SWALWELL

of California, Mr. KENNEDY, Mr. LOWENTHAL, Mr. RUPPERSBERGER, 

Ms. MATSUI, Ms. TSONGAS, Mr. PETERSON, Mr. MCNERNEY, Mr. 

GEORGE MILLER of California, Ms. ESTY, Ms. ESTY, Mr. BOUSTANY, 

Mr. BISHOP of New York, Mr. MICHAUD, Mr. CICILLINE, Mr. ISRAEL, 

Mr. VAN HOLLEN, Mr. FARR, Mr. HASTINGS of Florida, Mr. CONNOLLY, 

Mr. YARMUTH, Mr. THOMPSON of Pennsylvania, Mr. BLUMENAUER, Mr. 

PERLMUTTER, Mr. GARAMENDI, Mr. COURTNEY, Mr. GALLEGO, Mr. 

CASTRO of Texas, Mrs. NAPOLITANO, Mr. GENE GREEN of Texas, Ms. 

KUSTER, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CLYBURN, Mr. 

CARNEY, Mr. BARROW of Georgia, Mr. ENYART, Mr. NEAL, Mr. 

CUELLAR, Mr. COOPER, Mr. BISHOP of Georgia, Ms. FRANKEL of Florida, Ms. SLAUGHTER, Mr. LEVIN, Mr. DANNY K. DAVIS of Illinois, Mr. 

RANGEL, Ms. HAHN, Mr. PASCRELL, Mr. MCDERMOTT, Mr. LEWIS, Mr. 

GERLACH, Mr. BARBER, Ms. DEGETTE, Mr. TONKO, Mr. VEASEY, Mr. 

GARCIA, Mr. HIGGINS, Mr. OWENS, Mr. VELA, Mr. MAFFEI, Mr. WAXMAN, Mr. SCHRADER, Mr. BROUN of Georgia, Mr. JONES, Mr. 


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GUTIE ́RREZ, Mr. JOHNSON of Georgia, Ms. PINGREE of Maine, Mr. SESSIONS, Mr. CALVERT, Mr. CUMMINGS, Mr. NUNES, Mr. GOWDY, Mr. 

CONYERS, Mr. CA ́RDENAS, Mr. RAHALL, Ms. SCHAKOWSKY, Mr. 

O’ROURKE, Mr. COSTA, Ms. SPEIER, Mr. PETERS of Michigan, Mr. 

DEUTCH, Mr. MURPHY of Florida, Ms. ESHOO, Ms. CHU, Mr. TIBERI, 

Mr. GRIFFIN of Arkansas, Mr. LATTA, Ms. FUDGE, Mrs. MCCARTHY of 

New York, Mr. COOK, Mr. MORAN, Mr. KIND, Mr. SHIMKUS, Mr. 

BUCHANAN, Mr. BRADY of Texas, Mr. BENISHEK, Mr. GARY G. MILLER

of California, Mr. DENHAM, Mr. SCHIFF, Mrs. CAPPS, Mrs. DAVIS of 

California, Mr. HORSFORD, Ms. KELLY of Illinois, Ms. WATERS, Ms. 

CLARK of Massachusetts, Mrs. BEATTY, Mr. LOBIONDO, Mr. KING of 

New York, Mrs. BROOKS of Indiana, Mr. HUNTER, Ms. HANABUSA, Mr. 

VARGAS, Mr. KILDEE, Ms. VELA ́ZQUEZ, Mr. MILLER of Florida, Mr. 

WESTMORELAND, Mr. TAKANO, Mr. ENGEL, Mr. HECK of Washington, 

Ms. ROYBAL-ALLARD, Mr. BARLETTA, Ms. LINDA T. SA ́NCHEZ of California, Mr. BUTTERFIELD, Mr. PAYNE, Mr. KILMER, Mr. DINGELL, Mr. 

TERRY, Ms. WASSERMAN SCHULTZ, Mr. SCHNEIDER, Mr. BECERRA, Mr. 

RUIZ, Mr. HONDA, Mr. HOLT, Ms. BASS, Ms. KAPTUR, Mr. RUSH, Mr. 

LARSON of Connecticut, Mr. DAVID SCOTT of Georgia, Mr. WOLF, Ms. 

DELBENE, Ms. BROWNLEY of California, Mrs. BUSTOS, Mr. GRIJALVA, 

Mr. CAMPBELL, Mr. WOMACK, Mr. SMITH of Washington, Mr. PRICE of 

North Carolina, Ms. SINEMA, Mr. DELANEY, Ms. BONAMICI, Mr. POLIS, 

Mr. LARSEN of Washington, Mr. LANGEVIN, Ms. GABBARD, Mr. BERA

of California, Mr. VISCLOSKY, Mr. WELCH, Ms. JACKSON LEE, Ms. SEWELL of Alabama, Ms. DELAURO, Mr. THOMPSON of Mississippi, Mr. 

CLAY, Mr. FATTAH, Mr. RYAN of Ohio, Mr. WALZ, Mr. ELLISON, Mr. 

MCGOVERN, Mr. BRALEY of Iowa, Ms. MICHELLE LUJAN GRISHAM of 

New Mexico, Mr. LOEBSACK, Ms. SHEA-PORTER, Mr. BRADY of Pennsylvania, Mr. SIRES, Mr. RICHMOND, Mr. DOYLE, Mr. TIERNEY, Ms. CASTOR of Florida, Mrs. LOWEY, Mr. BEN RAY LUJA ́N of New Mexico, Mr. 

PASTOR of Arizona, Ms. TITUS, Ms. MENG, Ms. MOORE, Mr. MCINTYRE, 

Mr. GRAYSON, Mr. SERRANO, Mr. LYNCH, Mrs. CAROLYN B. MALONEY

of New York, Ms. BROWN of Florida, Ms. WILSON of Florida, Ms. 

CLARKE of New York, Ms. EDWARDS, Mr. POCAN, Mr. MEEKS, Mr. POE

of Texas, Mr. COLE, Mr. CRENSHAW, Mr. DENT, Mr. BILIRAKIS, Mr. 

MEEHAN, Mr. HANNA, Mr. COHEN, and Mr. LAMALFA


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DECEMBER 22, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 6, 2014] 


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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. 


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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; TABLE OF CONTENTS. 

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

5 ‘‘Lake Berryessa Recreation Enhancement Act of 2014’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; purposes. 

Sec. 3. Definitions. 

Sec. 4. Transfer of administrative jurisdiction. 

Sec. 5. Management of Recreation Area. 

Sec. 6. Continued authorities of Commissioner of Reclamation. 

Sec. 7. Existing authorizations. 

8 SEC. 2. FINDINGS; PURPOSES. 

9 (a) FINDINGS.—Congress finds that— 

10 (1) the Monticello Dam— 

11 (A) was authorized by the Reclamation 

12 Project Act of 1939 (53 Stat. 1187); 

13 (B) resulted in the formation of Lake 

14 Berryessa; and 

15 (C) is operated by the Bureau of Reclama16 tion; 

17 (2) Lake Berryessa— 

18 (A) covers approximately 28,915 acres of 

19 surface water and land; 

20 (B) has 165 miles of shoreline; 

21 (C) has a 2,000 acre wildlife area on the 

22 east side; 


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1 (D) is located less than 100 miles from both 

2 Sacramento, California and San Francisco, 

3 California; and 

4 (E) has become an important regional 

5 recreation destination; and 

6 (3) the recreational use at Lake Berryessa gen7 erates tourism that is important to local economies. 

8 (b) PURPOSES.—The purposes of this Act are— 

9 (1) to provide diverse, high quality recreational 

10 facilities and services on the water and land sur11 rounding Lake Berryessa; 

12 (2) to conserve the natural, scenic, scientific, his13 toric, economic, recreational, and other resource val14 ues contributing to the public use and enjoyment of 

15 that land and water; 

16 (3) to promote cooperation between the Federal 

17 Government and private entities to manage that ex18 ceptional resource; 

19 (4) to authorize the Secretary to manage certain 

20 resources under the Bureau of Land Management; 

21 and 

22 (5) to transfer administrative jurisdiction over 

23 certain Federal land for management as a unit of the 

24 Bureau of Land Management. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) DAM.—The term ‘‘Dam’’ means— 

4 (A) the Monticello Dam; and 

5 (B) any facility relating to the Monticello 

6 Dam. 

7 (2) RECREATION AREA.—The term ‘‘Recreation 

8 Area’’ means the Lake Berryessa Recreation Area des9 ignated by section 4(a). 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (4) STATE.—The term ‘‘State’’ means the State 

13 of California. 

14 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. 

15 (a) ESTABLISHMENT.—Subject to valid existing rights, 

16 there is established the Lake Berryessa Recreational Area, 

17 the boundaries of which are described in subsection (c). In 

18 administering the Recreation Area, the Secretary shall 

19 not— 

20 (1) diminish the levels of day-use occupancy, 

21 short-term occupancy and annual occupancy as set 

22 forth in the recreational use plan adopted by the Bu23 reau of Reclamation on June 2, 2006, for the Recre24 ation Area; 

25 (2) diminish motorized boating or alter the 

26 ‘‘Water Surface Zoning and Restrictions’’ developed 


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1 under Action 17 of the 1993 Recreation Area Manage2 ment Plan Record of Decision and continued in the 

3 recreational use plan adopted by the Bureau of Rec4 lamation on June 2, 2006, for the Recreation Area; 

5 (3) close trails or limit recreational hiking and 

6 equine access to trails on lands in the Recreation 

7 Area; and 

8 (4) negatively impact hunting, fishing, shooting 

9 sports, or trapping on the lands and waters within 

10 the boundaries of the Recreation Area. 

11 (b) TRANSFER OF ADMINISTRATIVE JURISDICTION.— 

12 Administrative jurisdiction over the Federal land described 

13 in subsection (c), including any improvements thereon, is 

14 transferred from the Bureau of Reclamation to the Bureau 

15 of Land Management for administration of the Recreation 

16 Area. 

17 (c) DESCRIPTION OF LAND.—The land referred to in 

18 subsection (a) is the approximately 30,221 acres of land ad19 ministered by the Bureau of Reclamation that is underlying 

20 or adjacent to Lake Berryessa and identified as ‘‘Lake 

21 Berryessa Reclamation Lands Solono Project’’ on the map 

22 dated September 15, 2014. 

23 SEC. 5. MANAGEMENT OF RECREATION AREA. 

24 (a) IN GENERAL.—Subject to the authority of the Sec25 retary under section 6, the Secretary shall manage the 


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1 Recreation Area in accordance with sections 601 through 

2 604 of Public Law 93–493. 

3 (b) APPLICABLE LAW.—Subject to valid existing 

4 rights, the Secretary shall administer the Recreation Area 

5 in accordance with laws (including regulations) applicable 

6 to units of the public lands of the Bureau of Land Manage7 ment. 

8 (c) WATERS.—Nothing in this Act— 

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

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

11 water right, or interest in water; 

12 (2) affects any vested absolute or decreed condi13 tional water right in existence on the date of the en14 actment of this Act, including any water right held 

15 by the United States; 

16 (3) affects any interstate water compact in exist17 ence on the date of the enactment of this Act; 

18 (4) authorizes or imposes any new reserved Fed19 eral water rights; 

20 (5) relinquishes or reduces any water rights re21 served or appropriated by the United States in the 

22 State on or before the date of the enactment of this 

23 Act; 

24 (6) impairs the ability of the Bureau of Rec25 lamation and its managing partners to operate, 


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1 maintain, or manage Monticello Dam and other So2 lano Project facilities in accordance with the purposes 

3 of such project; or 

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

5 contract or agreements approved or administered by 

6 the Bureau of Reclamation or Solano County Water 

7 Agency or Solano Irrigation District. 

8 (d) EXISTING AGREEMENTS.—To benefit the interests 

9 of the public, the Secretary shall act in accordance with 

10 any agreement in existence on the date of the enactment 

11 of this Act, including those with any organization for the 

12 management of— 

13 (1) campgrounds located in the Recreation Area; 

14 (2) marinas located in the Recreation Area; 

15 (3) lodging facilities located in the Recreation 

16 Area; 

17 (4) food and beverage services located in the 

18 Recreation Area; and 

19 (5) boating and boat rental facilities located in 

20 the Recreation Area. 

21 (e) ADOPTION OF RECREATIONAL USE PLAN.—To 

22 manage the Recreation Area, the Secretary shall adopt and 

23 use the recreational use plan adopted by the Bureau of Rec24 lamation on June 2, 2006, for the Recreational Area. The 

25 adoption of this plan shall not constitute a major federal 


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1 action for the purposes of the National Environmental Pol2 icy Act of 1969 (42 U.S.C. 4321 et seq.). This action is 

3 not subject to judicial review. 

4 SEC. 6. CONTINUED AUTHORITIES OF COMMISSIONER OF 

5 RECLAMATION. 

6 Nothing in this Act or any subsequent management 

7 plan shall impair the ability of the Bureau of Reclamation 

8 and its managing partners to operate, maintain, or manage 

9 Monticello Dam, Lake Berryessa, and other Solano Project 

10 facilities in accordance with that project’s authorized pur11 poses. The Commissioner of Reclamation shall continue to 

12 administer and operate— 

13 (1) the Dam; and 

14 (2) any power facility relating to the Dam. 

15 SEC. 7. EXISTING AUTHORIZATIONS. 

16 (a) IN GENERAL.—Except as provided in subsections 

17 (b) and (c), nothing in this Act affects any authorization 

18 in effect as of the date of the enactment of this Act made 

19 by any department or agency of the Federal Government 

20 for the use of land or water located within the Recreation 

21 Area (referred to in this section as an ‘‘existing authoriza22 tion’’). 

23 (b) ASSUMPTION OF EXISTING AUTHORIZATION.—Not 

24 later than 1 year after the date of the enactment of this 

25 Act, the Secretary shall assume the administration of any 


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1 existing authorization, with such revisions as necessary to 

2 align the authorization with existing law and policies of 

3 the Bureau of Land Management. 

4 (c) RENEWAL OF EXISTING AUTHORIZATION.—The re5 newal of any existing authorization shall be made in ac6 cordance with such terms and conditions as the Secretary 

7 may prescribe. 


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emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 527 

113TH CONGRESS 

2D SESSION H. R. 4166 

[Report No. 113–696] 

A BILL 

To transfer recreational management authority for 

Land Management, and for other purposes. the Bureau of Reclamation to the Bureau of Lake Berryessa in the State of California from 

DECEMBER 22, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK67QTVN1PROD with BILLS