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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4166 Reported in House (RH)]

                                                 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. Gutieerrez, Mr. 
 Johnson of Georgia, Ms. Pingree of Maine, Mr. Sessions, Mr. Calvert, 
  Mr. Cummings, Mr. Nunes, Mr. Gowdy, Mr. Conyers, Mr. Caardenas, 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. Velaazquez, Mr. 
Miller of Florida, Mr. Westmoreland, Mr. Takano, Mr. Engel, Mr. Heck of 
 Washington, Ms. Roybal-Allard, Mr. Barletta, Ms. Linda T. Saanchez 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 Lujaan 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

                           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]

_______________________________________________________________________

                                 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 2014''.
    (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. Transfer of administrative jurisdiction.
Sec. 5. Management of Recreation Area.
Sec. 6. Continued authorities of Commissioner of Reclamation.
Sec. 7. 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, California 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 the water and land surrounding Lake 
        Berryessa;
            (2) to conserve the natural, scenic, scientific, historic, 
        economic, recreational, 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;
            (4) to authorize the Secretary to manage certain resources 
        under the Bureau of Land Management; and
            (5) to transfer administrative jurisdiction over certain 
        Federal land for management as a unit of the Bureau of Land 
        Management.

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. TRANSFER OF ADMINISTRATIVE JURISDICTION.

    (a) Establishment.--Subject to valid existing rights, there is 
established the Lake Berryessa Recreational Area, the boundaries of 
which are described in subsection (c). In administering the Recreation 
Area, the Secretary shall not--
            (1) diminish the levels of day-use occupancy, short-term 
        occupancy and annual occupancy as set forth in the recreational 
        use plan adopted by the Bureau of Reclamation on June 2, 2006, 
        for the Recreation Area;
            (2) diminish motorized boating or alter the ``Water Surface 
        Zoning and Restrictions'' developed under Action 17 of the 1993 
        Recreation Area Management Plan Record of Decision and 
        continued in the recreational use plan adopted by the Bureau of 
        Reclamation on June 2, 2006, for the Recreation Area;
            (3) close trails or limit recreational hiking and equine 
        access to trails on lands in the Recreation Area; and
            (4) negatively impact hunting, fishing, shooting sports, or 
        trapping on the lands and waters within the boundaries of the 
        Recreation Area.
    (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over the Federal land described in subsection (c), 
including any improvements thereon, is transferred from the Bureau of 
Reclamation to the Bureau of Land Management for administration of the 
Recreation Area.
    (c) Description of Land.--The land referred to in subsection (a) is 
the approximately 30,221 acres of land administered by the Bureau of 
Reclamation that is underlying or adjacent to Lake Berryessa and 
identified as ``Lake Berryessa Reclamation Lands Solono Project'' on 
the map dated September 15, 2014.

SEC. 5. MANAGEMENT OF RECREATION AREA.

    (a) In General.--Subject to the authority of the Secretary under 
section 6, the Secretary shall manage the Recreation Area in accordance 
with sections 601 through 604 of Public Law 93-493.
    (b) Applicable Law.--Subject to valid existing rights, the 
Secretary shall administer the Recreation Area in accordance with laws 
(including regulations) applicable to units of the public lands of the 
Bureau of Land Management.
    (c) Waters.--Nothing in this Act--
            (1) affects the use or allocation, in existence on the date 
        of the enactment of this Act, of any water, water right, or 
        interest in water;
            (2) affects 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;
            (3) affects any interstate water compact in existence on 
        the date of the enactment of this Act;
            (4) authorizes or imposes any new reserved Federal water 
        rights;
            (5) relinquishes or reduces any water rights reserved or 
        appropriated by the United States in the State on or before the 
        date of the enactment of this Act;
            (6) impairs the ability of the Bureau of Reclamation and 
        its managing partners to operate, maintain, or manage 
        Monticello Dam and other Solano Project facilities in 
        accordance with the purposes of such project; or
            (7) modifies, changes, or supersedes any water contract or 
        agreements approved or administered by the Bureau of 
        Reclamation or Solano County Water Agency or Solano Irrigation 
        District.
    (d) Existing Agreements.--To benefit the interests of the public, 
the Secretary shall act in accordance with any agreement in existence 
on the date of the enactment of this Act, including those with any 
organization for the management of--
            (1) campgrounds located in the Recreation Area;
            (2) marinas located in the Recreation Area;
            (3) lodging facilities located in the Recreation Area;
            (4) food and beverage services located in the Recreation 
        Area; and
            (5) boating and boat rental facilities located in the 
        Recreation Area.
    (e) Adoption of Recreational Use Plan.--To manage the Recreation 
Area, the Secretary shall adopt and use the recreational use plan 
adopted by the Bureau of Reclamation on June 2, 2006, for the 
Recreational Area. The adoption of this plan 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 action is not subject 
to judicial review.

SEC. 6. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION.

    Nothing in this Act or any subsequent management plan shall 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 that project's authorized 
purposes. The Commissioner of Reclamation shall continue to administer 
and operate--
            (1) the Dam; and
            (2) any power facility relating to the Dam.

SEC. 7. EXISTING AUTHORIZATIONS.

    (a) In General.--Except as provided in subsections (b) and (c), 
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 within 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.
                                                 Union Calendar No. 527

113th CONGRESS

  2d Session

                               H. R. 4166

                          [Report No. 113-696]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           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
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