II 

114TH CONGRESS 

1ST SESSION S. 393 

To designate the Berryessa Snow Mountain National Monument in the State 

of California, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2015 

Mr. REID (for Mrs. BOXER (for herself and Mrs. FEINSTEIN)) 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 

Monument 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. 

4 This Act may be cited as the ‘‘Berryessa Snow Moun5 tain National Monument Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 council’’ means the Berryessa Snow Mountain NaVerDate Sep 11 2014 23:38 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S393.IS S393

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1 tional Monument Advisory Council established under 

2 section 6(a). 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means either a new plan or an amend5 ment to an existing plan developed for the National 

6 Monument under section 5(c). 

7 (3) MOTOR VEHICLE USE MAP.— 

8 (A) IN GENERAL.—The term ‘‘motor vehi9 cle use map’’ means each map prepared by the 

10 Forest Service with respect to authorized motor 

11 vehicle use within the Mendocino National For12 est and entitled ‘‘Motor Vehicle Use Map, 

13 Mendocino National Forest’’. 

14 (B) INCLUSION.—The term ‘‘motor vehicle 

15 map’’ includes periodic revisions of a map de16 scribed in subparagraph (A). 

17 (4) NATIONAL MONUMENT.—The term ‘‘Na18 tional Monument’’ means the Berryessa Snow Moun19 tain National Monument established by section 3(a). 

20 (5) SECRETARY.—The term ‘‘Secretary’’ 

21 means— 

22 (A) the Secretary of Agriculture, with re23 spect to land under the jurisdiction of the Sec24 retary of Agriculture; and 


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1 (B) the Secretary of the Interior, with re2 spect to land under the jurisdiction of the Sec3 retary of the Interior. 

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

5 means the Secretary of Agriculture and the Sec6 retary of the Interior, acting jointly. 

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

8 of California. 

9 SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN 

10 NATIONAL MONUMENT, CALIFORNIA. 

11 (a) ESTABLISHMENT.—Subject to valid existing 

12 rights, there is established in the State the Berryessa 

13 Snow Mountain National Monument. 

14 (b) PURPOSE.—The purpose of the National Monu15 ment is to conserve, protect, and enhance for the benefit 

16 and enjoyment of present and future generations the eco17 logical, scenic, wildlife, recreational, cultural, historic, nat18 ural, educational, and scientific resources of the land in19 cluded in the National Monument. 

20 (c) AREA INCLUDED.—The National Monument con21 sists of Federal land and interests in Federal land within 

22 Napa, Lake, Mendocino, Solano, Glenn, Colusa, and Yolo 

23 Counties in the State, as depicted on the map entitled 

24 ‘‘Berryessa Snow Mountain National Monument’’. 


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1 (d) LEGAL DESCRIPTIONS; CORRECTIONS OF ER2 RORS.— 

3 (1) IN GENERAL.—As soon as practicable, but 

4 not later than 2 years after the date of enactment 

5 of this Act, the Secretaries shall prepare a final map 

6 and legal descriptions of the National Monument. 

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

8 the date on which the map and legal descriptions are 

9 prepared under paragraph (1), the Secretaries shall 

10 submit to the Committee on Energy and Natural 

11 Resources of the Senate and the Committee on Nat12 ural Resources of the House of Representatives the 

13 map and legal descriptions prepared under that 

14 paragraph. 

15 (3) PUBLIC AVAILABILITY.—The map and legal 

16 descriptions prepared under paragraph (1) shall be 

17 available for public inspection at appropriate offices 

18 of the Bureau of Land Management and the Forest 

19 Service. 

20 (4) LEGAL EFFECT.—The map and legal de21 scriptions prepared under paragraph (1) shall have 

22 the same force and effect as if included in this Act, 

23 except that the Secretaries may correct clerical and 

24 typographical errors in the map and legal descrip25 tions. 


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1 SEC. 4. ACCESS AND BUFFER ZONES. 

2 (a) NON-FEDERAL LAND AND INTERESTS.— 

3 (1) NO REQUIREMENT OF PUBLIC ACCESS.— 

4 Nothing in this Act requires the owner of non-Fed5 eral land to allow public access to private property. 

6 (2) EFFECT ON OTHER LAWS.—Nothing in this 

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

8 law with respect to the use of non-Federal land. 

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

10 historical and adequate access to private inholdings in the 

11 National Monument. 

12 (c) BUFFER ZONES.— 

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

14 a protective perimeter or buffer zone around the Na15 tional Monument. 

16 (2) ACTIVITIES OUTSIDE OF NATIONAL MONU17 MENT.—The fact that any activities or uses outside 

18 the boundary of the National Monument can be seen 

19 or heard within the National Monument shall not 

20 preclude the activities or uses outside the boundary 

21 of the National Monument. 

22 SEC. 5. MANAGEMENT OF FEDERAL LAND IN NATIONAL 

23 MONUMENT. 

24 (a) BASIS OF MANAGEMENT.— 

25 (1) APPLICABLE LAWS.—The Secretary shall 

26 manage the National Monument in a manner that 


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1 conserves, protects, and enhances the natural re2 sources and values of the National Monument, in ac3 cordance with— 

4 (A) this Act; 

5 (B) the Federal Land Policy and Manage6 ment Act of 1976 (43 U.S.C. 1701 et seq.), 

7 with respect to land managed by the Director of 

8 the Bureau of Land Management; 

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

10 seq.); 

11 (D) the Act of June 17, 1902 (32 Stat. 

12 388, chapter 1093); 

13 (E) other laws (including regulations) ap14 plicable to the National Forest System, with re15 spect to land managed by the Chief of the For16 est Service; and 

17 (F) other applicable law (including regula18 tions). 

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

20 conflict between a provision of this Act and a provi21 sion of a law described in paragraph (1), the more 

22 restrictive provision shall control. 

23 (b) USES.— 

24 (1) IN GENERAL.—The Secretary shall allow 

25 only such uses of the National Monument as the 


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1 Secretary determines would further the purposes de2 scribed in section 3(b). 

3 (2) TRIBAL CULTURAL USES.—Nothing in this 

4 Act enlarges or diminishes the rights of any Indian 

5 tribe. 

6 (3) RECREATIONAL USES.—The Secretary shall 

7 continue to authorize, maintain, and enhance the 

8 recreational uses of the National Monument, includ9 ing hunting, fishing, camping, hiking, hang gliding, 

10 sightseeing, nature study, horseback riding, rafting, 

11 mountain biking and motorized recreation on au12 thorized routes, and other recreational activities, if 

13 the Secretary determines that the recreational use is 

14 consistent with the purposes described in section 

15 3(b), this section, other applicable law (including 

16 regulations), and applicable management plans. 

17 (c) MANAGEMENT PLAN.— 

18 (1) IN GENERAL.—Not later than 3 years after 

19 the date of enactment of this Act, the Secretaries 

20 shall develop a comprehensive plan for the protection 

21 and management of the Federal land included within 

22 the National Monument that fulfills the purposes de23 scribed in section 3(b). 

24 (2) REQUIREMENTS.—The management plan 

25 shall— 


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1 (A) describe the appropriate uses and 

2 management of the National Monument; 

3 (B) identify short-term and long-term 

4 management actions for the National Monu5 ment; 

6 (C) prioritize management actions identi7 fied under subparagraph (B), based on pro8 jected availability of resources; 

9 (D) include a weed management compo10 nent (including use of grazing as appropriate) 

11 to guide noxious weed control efforts and activi12 ties; 

13 (E) include a habitat restoration oppor14 tunity component; 

15 (F) include a recreational opportunity en16 hancement component; 

17 (G) include a native fish passage and habi18 tat quality improvement component; 

19 (H) include a component that addresses 

20 public safety and environmental cleanup issues 

21 associated with illegal marijuana production 

22 within the National Monument; and 

23 (I) identify areas outside of designated wil24 derness in which nonmotorized recreation would 

25 be emphasized. 


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1 (3) PUBLIC PARTICIPATION AND SPECIAL CON2 SIDERATIONS.—In developing the management plan, 

3 to the extent consistent with this section, the Secre4 taries— 

5 (A) shall solicit extensive public input; 

6 (B) shall take into consideration any infor7 mation developed in studies of the land within 

8 the National Monument; 

9 (C) shall assess available climate change 

10 information pertinent to the National Monu11 ment; 

12 (D) shall include standards and prac13 tices— 

14 (i) to ensure the preservation of wild15 life corridors; and 

16 (ii) to facilitate species migration; 

17 (E) shall identify opportunities to promote 

18 voluntary cooperative conservation projects with 

19 State, local, and private interests; 

20 (F) shall take into consideration existing 

21 land uses (including grazing) on the Federal 

22 land within the National Monument; and 

23 (G) may incorporate any provision from a 

24 resource management plan, land and resource 


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1 management plan, or any other plan applicable 

2 to the National Monument. 

3 (4) CONSULTATION WITH ADVISORY COUN4 CIL.—In implementing the management plan and in 

5 considering any recommendations from the advisory 

6 council, the Secretaries shall consult with the advi7 sory council on a regular basis. 

8 (5) COOPERATIVE AGREEMENTS.—In carrying 

9 out this Act, the Secretaries may make grants to, or 

10 enter into cooperative agreements with, State, tribal, 

11 and local governmental entities and private entities 

12 to conduct research, develop scientific analyses, and 

13 carry out any other initiative relating to the restora14 tion or conservation of the National Monument. 

15 (d) FISH AND WILDLIFE.—Nothing in this Act af16 fects the jurisdiction of the State with respect to fish and 

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

18 the Secretary, after consultation with the State Depart19 ment of Fish and Wildlife, may designate zones in the Na20 tional Monument in which, and periods during which, 

21 hunting shall not be allowed for reasons of public safety, 

22 administration, or public use and enjoyment. 

23 (e) MOTORIZED AND MECHANIZED VEHICLES.— 

24 (1) IN GENERAL.—Except as needed for admin25 istrative purposes or to respond to an emergency, 


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1 the use of motorized and mechanized vehicles on 

2 land within the National Monument shall be per3 mitted only on roads and trails designated for such 

4 use. 

5 (2) ADDITIONAL REQUIREMENT.—In developing 

6 the management plan required under subsection (c), 

7 to the extent consistent with this section, the Sec8 retary shall incorporate the motor vehicle use maps 

9 with respect to land under the jurisdiction of the 

10 Chief of the Forest Service. 

11 (3) REQUIRED ANALYSES.—In developing the 

12 management plan (and making any subsequent 

13 amendment to the management plan) under sub14 section (c), the Secretary shall explicitly analyze and 

15 document— 

16 (A) each instance in which the require17 ments of this section or other applicable law 

18 (including regulations) necessitates alterations 

19 to the motorized route designations described in 

20 the motor vehicle use maps; and 

21 (B) the manner in which the motor vehicle 

22 use maps are consistent with this section. 

23 (f) ACQUISITION AND INCORPORATION OF LAND AND

24 INTERESTS.— 


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1 (1) AUTHORITY.—The Secretary may acquire 

2 non-Federal land within the boundaries of the Na3 tional Monument only through exchange, donation, 

4 or purchase from a willing seller. 

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

6 land that is located within the National Monument 

7 that is acquired by the United States shall— 

8 (A) become part of the National Monu9 ment; and 

10 (B) be managed in accordance with this 

11 Act. 

12 (g) WITHDRAWAL.— 

13 (1) IN GENERAL.—Subject to valid existing 

14 rights and except as provided in paragraph (2), all 

15 Federal land within the National Monument is with16 drawn from— 

17 (A) entry, appropriation, or disposal under 

18 the public land laws; 

19 (B) location, entry, and patent under the 

20 mining laws; and 

21 (C) leasing or disposition under all laws re22 lating to— 

23 (i) minerals; and 


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1 (ii) operation of the mineral leasing, 

2 mineral materials, and geothermal leasing 

3 laws. 

4 (2) LIMITED CONVEYANCE.—The Secretary 

5 may authorize the conveyance of Federal land within 

6 the National Monument if— 

7 (A) the purpose for which the land is to be 

8 conveyed is consistent with the purposes speci9 fied in section 3(b); 

10 (B) the conveyance would benefit the Na11 tional Monument and is in the public interest, 

12 as determined by the Secretary; and 

13 (C) the conveyance is made in accordance 

14 with applicable law (including regulations). 

15 (h) GRAZING.— 

16 (1) EXISTING LOCATIONS.—Livestock grazing 

17 within the National Monument, where established 

18 before the date of enactment of this Act, shall be 

19 permitted to continue subject to applicable law (in20 cluding regulations). 

21 (2) ADDITIONAL GRAZING.—Livestock grazing 

22 within the National Monument, where not estab23 lished before the date of enactment of this Act, shall 

24 be— 


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1 (A) permitted only to the extent that the 

2 grazing is consistent with the purposes de3 scribed in section 3(b); and 

4 (B) subject to applicable law (including 

5 regulations). 

6 (3) TARGETED GRAZING.—The Secretary may 

7 issue annual targeted grazing permits for purposes 

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

9 to provide other ecological benefits consistent with 

10 the purposes described in section 3(b). 

11 (i) WILDLAND FIRE OPERATIONS.—Nothing in this 

12 section prohibits the Secretary, in cooperation with other 

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

14 conducting wildland fire operations in the National Monu15 ment consistent with the purposes described in section 

16 3(b). 

17 (j) HORSES.—Subject to any terms and conditions 

18 determined to be necessary by the Secretary, nothing in 

19 this Act precludes horseback riding in, or the entry of rec20 reational or commercial saddle or pack stock into, the Na21 tional Monument, if the use is consistent with the pur22 poses described in section 3(b) and other applicable law 

23 (including regulations). 


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1 SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL MONU2 MENT ADVISORY COUNCIL. 

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

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

5 establish an advisory council for the National Monument, 

6 to be known as the ‘‘Berryessa Snow Mountain National 

7 Monument 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. 

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 be com19 posed of 16 members, to be appointed by the Secretaries, 

20 of whom, to the maximum extent practicable— 

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

23 Board of Supervisors; 

24 (2) 1 member shall be appointed after consid25 ering the recommendations of the Napa County 

26 Board of Supervisors; 


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

3 Board of Supervisors; 

4 (4) 1 member shall be appointed after consid5 ering the recommendations of the Mendocino County 

6 Board of Supervisors; 

7 (5) 1 member shall be appointed after consid8 ering the recommendations of the Solano County 

9 Board of Supervisors; 

10 (6) 1 member shall be appointed after consid11 ering the recommendations of the Glenn County 

12 Board of Supervisors; 

13 (7) 1 member shall be appointed after consid14 ering the recommendations of the Colusa County 

15 Board of Supervisors; 

16 (8) 1 member shall be appointed after consid17 ering the recommendations of the head of the Cali18 fornia Resources Agency; 

19 (9) 1 member shall be appointed to represent 

20 Indian tribes; and 

21 (10) 7 members shall— 

22 (A) reside in, or within reasonable prox23 imity to, Yolo County, Napa County, Mendocino 

24 County, Solano County, Glenn County, Colusa 

25 County, or Lake County, California; and 


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1 (B) have backgrounds that reflect— 

2 (i) the purposes described in section 

3 3(b); and 

4 (ii) the interest of persons affected by 

5 the planning and management of the Na6 tional Monument, including persons rep7 resenting agricultural, private landowners, 

8 environmental, recreational, tourism, or 

9 other non-Federal land interests. 

10 (e) REPRESENTATION.—The Secretaries shall ensure 

11 that the membership of the advisory council is fairly bal12 anced in terms of— 

13 (1) the points of view represented by the mem14 bers of the advisory council; and 

15 (2) the functions to be performed by the advi16 sory council. 

17 (f) TERMS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a member of the advisory council shall be 

20 appointed for a term of 3 years. 

21 (2) INITIAL MEMBERS.—Notwithstanding para22 graph (1), of the members first appointed to the ad23 visory council— 

24 (A) 4 members shall be appointed for a 

25 term of 1 year; and 


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1 (B) 4 members shall be appointed for a 

2 term of 2 years. 

3 (3) REAPPOINTMENT.—A member may be re4 appointed to serve on the advisory council on the ex5 piration of the term of the member. 

6 (4) VACANCY.—A vacancy on the advisory 

7 council shall be filled in the same manner as the 

8 original appointment of the member. 

9 (g) QUORUM.— 

10 (1) IN GENERAL.—A quorum of the advisory 

11 council shall be 8 members. 

12 (2) EFFECT.—If quorum has otherwise been at13 tained, the operation of the advisory council shall 

14 not be impaired by the fact that a member has not 

15 yet been appointed. 

16 (h) CHAIRPERSON AND PROCEDURES.—The advisory 

17 council shall— 

18 (1) elect a chairperson of the advisory council; 

19 and 

20 (2) establish such rules and procedures for the 

21 advisory council as the advisory council determines 

22 to be necessary or desirable. 

23 (i) SERVICE WITHOUT COMPENSATION.—Members of 

24 the advisory council shall serve without pay. 


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1 (j) TERMINATION.—The advisory committee shall 

2 terminate on the later of— 

3 (1) the date that is 5 years after the date on 

4 which the management plan is officially adopted by 

5 the Secretaries; or 

6 (2) the date that the Secretaries determine to 

7 be appropriate. 

8 SEC. 7. WATER. 

9 Nothing in this Act— 

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

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

12 water right, or interest in water; 

13 (2) affects any vested absolute or decreed condi14 tional water right in existence on the date of enact15 ment of this Act, including any water right held by 

16 the United States; 

17 (3) affects any interstate water compact in ex18 istence on the date of enactment of this Act; 

19 (4) authorizes or imposes any new reserved 

20 Federal water rights; 

21 (5) relinquishes or reduces any water rights re22 served or appropriated by the United States in the 

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

24 (6) impairs the ability of the Bureau of Rec25 lamation and any managing partners of the Bureau 


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1 of Reclamation to operate, maintain, or manage 

2 Monticello Dam, Lake Berryessa, and other Solano 

3 Project facilities in accordance with the purposes of 

4 the project; 

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

6 contract or agreements approved or administered by 

7 the Bureau of Reclamation or Solano County Water 

8 Agency or Solano Irrigation District; or 

9 (8) affects the use of motorized or non10 motorized watercraft (including personal, commer11 cial, and recreational watercraft) on Lake Berryessa. 

Æ 


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