II 

113TH CONGRESS 

1ST SESSION S. 483 

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 

MARCH 6, 2013 

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) SECRETARIES.—The term ‘‘Secretaries’’ 

10 mean the Secretary of Agriculture and the Secretary 

11 of the Interior acting jointly. 

12 (4) SECRETARY.—The term ‘‘Secretary’’ 

13 means— 

14 (A) the Secretary of Agriculture, with re15 spect to those conservation area lands under 

16 the jurisdiction of the Secretary of Agriculture; 

17 and 

18 (B) the Secretary of the Interior, with re19 spect to those conservation area lands under 

20 the jurisdiction of the Secretary of the Interior. 

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 349,850 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 February 21, 2013. 

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 02:10 Mar 08, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S483.IS S483

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1 pographical errors in the maps and legal descrip2 tions. 

3 SEC. 4. ACCESS AND BUFFER ZONES. 

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

5 (1) NO REQUIREMENT OF PUBLIC ACCESS.— 

6 Nothing in this Act requires a non-Federal property 

7 owner to allow public access to private property. 

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

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

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

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

12 historical and adequate access to private inholdings in the 

13 conservation area. 

14 (c) BUFFER ZONES.— 

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

16 a protective perimeter of buffer zone around the con17 servation area. 

18 (2) ACTIVITIES OUTSIDE OF CONSERVATION

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

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

21 within the conservation area shall not preclude the 

22 activities or uses outside of the conservation area. 

23 SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVA24 TION AREA. 

25 (a) BASIS OF MANAGEMENT.— 


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1 (1) APPLICABLE LAWS.—The Secretary shall 

2 manage the conservation area in a manner that con3 serves, protects, and enhances the natural resources 

4 and values of the conservation area, in accordance 

5 with— 

6 (A) this Act; 

7 (B) the Federal Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 1701 et seq.) for 

9 lands managed by the Bureau of Land Manage10 ment; 

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

12 seq.); 

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

14 known as the Reclamation Act of 1902; 32 

15 Stat. 388) and Acts amendatory thereof and 

16 supplemental thereto; 

17 (E) other laws (including regulations) ap18 plicable to the National Forest System for land 

19 managed by the Forest Service; and 

20 (F) other applicable law (including regula21 tions). 

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

23 conflict between a provision of this Act and a provi24 sion of one of the other laws specified in paragraph 

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


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

2 of the conservation area as the Secretary determines 

3 would further the purposes for which the conservation 

4 area is established. 

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

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

7 Indian tribe. 

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

9 authorize, maintain, and enhance the recreational use of 

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

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

12 riding, rafting, mountain biking and motorized recreation 

13 on authorized routes, and other recreational activities, so 

14 long as such recreational use is consistent with the pur15 poses of the conservation area, this section, other applica16 ble law (including regulations), and applicable manage17 ment plans. 

18 (e) MANAGEMENT PLAN.— 

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

20 date of enactment of this Act, the Secretaries shall 

21 develop a comprehensive plan for the protection and 

22 management of the Federal lands included within 

23 the conservation area that fulfills the purposes for 

24 which the conservation area is established. In imple25 menting the management plan and in considering 


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1 any recommendations from the advisory council, the 

2 Secretaries shall consult on a regular basis. 

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

4 (A) describe the appropriate uses and 

5 management of the conservation area; 

6 (B) be developed with extensive public 

7 input; 

8 (C) take into consideration any informa9 tion developed in studies of the land within the 

10 conservation area; 

11 (D) assess the impacts of climate change 

12 on the conservation area and establish policies 

13 and procedures to ensure the preservation of 

14 wildlife corridors and facilitate species migra15 tion; 

16 (E) include a comprehensive weed manage17 ment strategy (including use of grazing where 

18 appropriate) to guide noxious weed control ef19 forts and activities; 

20 (F) identify and prioritize habitat restora21 tion opportunities and strategies within the con22 servation area; 

23 (G) identify opportunities to enhance rec24 reational opportunities throughout the conserva25 tion area; 


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1 (H) identify areas outside of designated 

2 wilderness where non-motorized recreation will 

3 be emphasized; 

4 (I) identify opportunities to improve fish 

5 passage and habitat quality for native fish spe6 cies; 

7 (J) include a plan to address the public 

8 safety and environmental clean-up issues associ9 ated with illegal marijuana production within 

10 the conservation area; 

11 (K) identify opportunities to promote vol12 untary cooperative conservation projects with 

13 State, local, and private interests; and 

14 (L) take into consideration existing land 

15 uses (including grazing) on the Federal lands 

16 within the conservation area. 

17 (3) OTHER PLANS.—In developing the manage18 ment plan, and to the extent consistent with this 

19 section, the Secretary may incorporate any provision 

20 from a resource management plan, land and re21 source management plan, or any other plan applica22 ble to the conservation area. 

23 (4) COOPERATIVE AGREEMENTS.—In carrying 

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

25 enter into cooperative agreements with, State, tribal, 


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1 and local governmental entities and private entities 

2 to conduct research, develop scientific analyses, and 

3 carry out any other initiative relating to the restora4 tion or conservation of the conservation area. 

5 (f) FISH AND WILDLIFE.—Nothing in this Act af6 fects the jurisdiction of the State with respect to fish and 

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

8 the Secretary, after consultation with the California De9 partment of Fish and Wildlife, may designate zones in the 

10 conservation area where, and periods when, hunting shall 

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

12 or public use and enjoyment. 

13 (g) MOTORIZED AND MECHANIZED VEHICLES.— 

14 (1) IN GENERAL.—Except where needed for ad15 ministrative purposes or to respond to an emer16 gency, the use of motorized and mechanized vehicles 

17 on lands within the conservation area shall be per18 mitted only on roads and trails designated for their 

19 use. 

20 (2) ADDITIONAL REQUIREMENT.—In developing 

21 the management plan required by this section, and 

22 to the extent consistent with this section, the Sec23 retary, for lands under jurisdiction of Forest Serv24 ice, shall incorporate the motor vehicle use maps. In 

25 developing the management plan (and making any 


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1 subsequent amendment to the management plan), 

2 the Secretary shall explicitly analyze and docu3 ment— 

4 (A) each instance in which the require5 ments of this section or other applicable law 

6 makes it necessary to alter the motor vehicle 

7 use maps; and 

8 (B) the manner in which the motor vehicle 

9 use maps are consistent with the requirements 

10 of this section. 

11 (h) INCORPORATION OF ACQUIRED LANDS AND IN12 TERESTS.— 

13 (1) AUTHORITY.—The Secretary may acquire 

14 non-Federal land within the boundaries of the con15 servation area only through exchange, donation, or 

16 purchase from a willing seller. 

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

18 land that is located within the conservation area that 

19 is acquired by the United States shall— 

20 (A) become part of the conservation area; 

21 and 

22 (B) be managed in accordance with this 

23 Act. 


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

2 all Federal land within the conservation area is withdrawn 

3 from— 

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

5 public land laws; 

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

7 laws; and 

8 (3) leasing or disposition under all laws relating 

9 to— 

10 (A) minerals; and 

11 (B) operation of the mineral leasing, min12 eral materials, and geothermal leasing laws. 

13 (j) GRAZING.— 

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

15 conservation area, where established before the date 

16 of enactment of this Act, shall be permitted to con17 tinue subject to all applicable laws and regulations. 

18 (2) OTHER GRAZING.—Livestock grazing within 

19 the conservation area, where not established before 

20 the date of enactment of this Act, shall only be per21 mitted to the extent that it is consistent with the 

22 purposes of the conservation area and subject to all 

23 applicable laws and regulations. 

24 (3) TARGETED GRAZING.—The Secretary may 

25 issue annual targeted grazing permits for purposes 


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

2 to provide other ecological benefits consistent with 

3 the purposes of the conservation area. 

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

5 section prohibits the Secretary, in cooperation with other 

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

7 conducting wildland fire operations in the conservation 

8 area, consistent with the purposes of the conservation 

9 area. 

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

11 determined to be necessary by the Secretary, nothing in 

12 this Act precludes horseback riding in, or the entry of rec13 reational or commercial saddle or pack stock into, the con14 servation area where such use is consistent with the pur15 poses of the conservation area and other applicable law 

16 (including regulations). 

17 SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CON18 SERVATION AREA ADVISORY COUNCIL. 

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

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

21 establish an advisory council, to be known as the 

22 ‘‘Berryessa Snow Mountain National Conservation Area 

23 Advisory Council’’. 


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

2 Secretaries with respect to the preparation and implemen3 tation of the management plan for the conservation area. 

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

5 subject to— 

6 (1) the Federal Advisory Committee Act (5 

7 U.S.C. App.); 

8 (2) the Federal Land Policy and Management 

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

10 (3) all other applicable law. 

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

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

13 to the extent practicable— 

14 (1) one member shall be appointed after consid15 ering the recommendations of the Lake County 

16 Board of Supervisors; 

17 (2) one member shall be appointed after consid18 ering the recommendations of the Napa County 

19 Board of Supervisors; 

20 (3) one member shall be appointed after consid21 ering the recommendations of the Yolo County 

22 Board of Supervisors; 

23 (4) one member shall be appointed after consid24 ering the recommendations of the Mendocino County 

25 Board of Supervisors; 


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1 (5) one member shall be appointed after consid2 ering the recommendations of the Solano County 

3 Board of Supervisors; 

4 (6) one member shall be appointed after consid5 ering the recommendations of the head of the Cali6 fornia Resources Agency; 

7 (7) one member shall be appointed to represent 

8 Native American Tribes; 

9 (8) five members shall reside in, or within rea10 sonable proximity to, Yolo County, Napa County, 

11 Mendocino County, Solano County, or Lake County, 

12 California, with backgrounds that reflect— 

13 (A) the purposes for which the conserva14 tion area was established; and 

15 (B) the interest of the stakeholders that 

16 are affected by the planning and management 

17 of the conservation area including, stakeholders 

18 representing the agricultural, private land-own19 ership, environmental, recreational, tourism, or 

20 other non-Federal land interests. 

21 (e) REPRESENTATION.—The Secretaries shall ensure 

22 that the membership of the advisory council is fairly bal23 anced in terms of the points of view represented and the 

24 functions to be performed by the advisory council. 

25 (f) TERMS.— 


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1 (1) STAGGERED TERMS.—Members of the advi2 sory council shall be appointed for terms of 3 years, 

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

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

5 4 of the members shall be appointed for a term of 

6 2 years. 

7 (2) REAPPOINTMENT.—A member may be re8 appointed to serve on the advisory council upon the 

9 expiration of the member’s current term. 

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

11 council shall be filled in the same manner as the 

12 original appointment. 

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

14 advisory council. The operations of the advisory council 

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

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

17 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

18 council shall elect a chairperson and establish such rules 

19 and procedures as it deems necessary or desirable. 

20 (i) SERVICE WITHOUT COMPENSATION.—Members of 

21 the advisory council shall serve without pay. 

22 (j) TERMINATION.—The advisory committee shall 

23 cease to exist— 


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

2 on which the management plan is officially adopted 

3 by the Secretaries; or 

4 (2) on such later date as the Secretaries con5 sider appropriate. 

6 SEC. 7. WATER. 

7 Nothing in this Act— 

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

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

10 water right, or interest in water; 

11 (2) affects any vested absolute or decreed condi12 tional water right in existence on the date of enact13 ment of this Act, including any water right held by 

14 the United States; 

15 (3) affects any interstate water compact in ex16 istence on the date of enactment of this Act; 

17 (4) authorizes or imposes any new reserved 

18 Federal water rights; 

19 (5) relinquishes or reduces any water rights re20 served or appropriated by the United States in the 

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

22 (6) impairs the ability of the Bureau of Rec23 lamation and its managing partners to operate, 

24 maintain, or manage Monticello Dam, Lake 


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1 Berryessa, and other Solano Project facilities in ac2 cordance with the purposes of such project; 

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

4 contract or agreements approved or administered by 

5 the Bureau of Reclamation or Solano County Water 

6 Agency or Solano Irrigation District; or 

7 (8) affects the use of motorized or non8 motorized watercraft (including personal, commercial 

9 and recreational watercraft) on Lake Berryessa. 

Æ 


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