```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 393 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Berryessa Snow Mountain National 
Monument Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory council.--The term ``advisory council'' means 
        the Berryessa Snow Mountain National Monument Advisory Council 
        established under section 6(a).
            (2) Management plan.--The term ``management plan'' means 
        either a new plan or an amendment to an existing plan developed 
        for the National Monument under section 5(c).
            (3) Motor vehicle use map.--
                    (A) In general.--The term ``motor vehicle use map'' 
                means each map prepared by the Forest Service with 
                respect to authorized motor vehicle use within the 
                Mendocino National Forest and entitled ``Motor Vehicle 
                Use Map, Mendocino National Forest''.
                    (B) Inclusion.--The term ``motor vehicle map'' 
                includes periodic revisions of a map described in 
                subparagraph (A).
            (4) National monument.--The term ``National Monument'' 
        means the Berryessa Snow Mountain National Monument established 
        by section 3(a).
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land under the jurisdiction of the Secretary of 
                Agriculture; and
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Secretary of the 
                Interior.
            (6) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Agriculture and the Secretary of the Interior, 
        acting jointly.
            (7) State.--The term ``State'' means the State of 
        California.

SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT, 
              CALIFORNIA.

    (a) Establishment.--Subject to valid existing rights, there is 
established in the State the Berryessa Snow Mountain National Monument.
    (b) Purpose.--The purpose of the National Monument is to conserve, 
protect, and enhance for the benefit and enjoyment of present and 
future generations the ecological, scenic, wildlife, recreational, 
cultural, historic, natural, educational, and scientific resources of 
the land included in the National Monument.
    (c) Area Included.--The National Monument consists of Federal land 
and interests in Federal land within Napa, Lake, Mendocino, Solano, 
Glenn, Colusa, and Yolo Counties in the State, as depicted on the map 
entitled ``Berryessa Snow Mountain National Monument''.
    (d) Legal Descriptions; Corrections of Errors.--
            (1) In general.--As soon as practicable, but not later than 
        2 years after the date of enactment of this Act, the 
        Secretaries shall prepare a final map and legal descriptions of 
        the National Monument.
            (2) Submission.--As soon as practicable after the date on 
        which the map and legal descriptions are prepared under 
        paragraph (1), the Secretaries shall submit to the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Natural Resources of the House of Representatives the map and 
        legal descriptions prepared under that paragraph.
            (3) Public availability.--The map and legal descriptions 
        prepared under paragraph (1) shall be available for public 
        inspection at appropriate offices of the Bureau of Land 
        Management and the Forest Service.
            (4) Legal effect.--The map and legal descriptions prepared 
        under paragraph (1) shall have the same force and effect as if 
        included in this Act, except that the Secretaries may correct 
        clerical and typographical errors in the map and legal 
        descriptions.

SEC. 4. ACCESS AND BUFFER ZONES.

    (a) Non-Federal Land and Interests.--
            (1) No requirement of public access.--Nothing in this Act 
        requires the owner of non-Federal land to allow public access 
        to private property.
            (2) Effect on other laws.--Nothing in this Act modifies any 
        provision of Federal, State, or local law with respect to the 
        use of non-Federal land.
    (b) Access.--The Secretary shall continue to provide historical and 
adequate access to private inholdings in the National Monument.
    (c) Buffer Zones.--
            (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the National Monument.
            (2) Activities outside of national monument.--The fact that 
        any activities or uses outside the boundary of the National 
        Monument can be seen or heard within the National Monument 
        shall not preclude the activities or uses outside the boundary 
        of the National Monument.

SEC. 5. MANAGEMENT OF FEDERAL LAND IN NATIONAL MONUMENT.

    (a) Basis of Management.--
            (1) Applicable laws.--The Secretary shall manage the 
        National Monument in a manner that conserves, protects, and 
        enhances the natural resources and values of the National 
        Monument, in accordance with--
                    (A) this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.), with respect to land 
                managed by the Director of the Bureau of Land 
                Management;
                    (C) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (D) the Act of June 17, 1902 (32 Stat. 388, chapter 
                1093);
                    (E) other laws (including regulations) applicable 
                to the National Forest System, with respect to land 
                managed by the Chief of the Forest Service; and
                    (F) other applicable law (including regulations).
            (2) Resolution of conflicts.--If there is a conflict 
        between a provision of this Act and a provision of a law 
        described in paragraph (1), the more restrictive provision 
        shall control.
    (b) Uses.--
            (1) In general.--The Secretary shall allow only such uses 
        of the National Monument as the Secretary determines would 
        further the purposes described in section 3(b).
            (2) Tribal cultural uses.--Nothing in this Act enlarges or 
        diminishes the rights of any Indian tribe.
            (3) Recreational uses.--The Secretary shall continue to 
        authorize, maintain, and enhance the recreational uses of the 
        National Monument, including hunting, fishing, camping, hiking, 
        hang gliding, sightseeing, nature study, horseback riding, 
        rafting, mountain biking and motorized recreation on authorized 
        routes, and other recreational activities, if the Secretary 
        determines that the recreational use is consistent with the 
        purposes described in section 3(b), this section, other 
        applicable law (including regulations), and applicable 
        management plans.
    (c) Management Plan.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretaries shall develop a 
        comprehensive plan for the protection and management of the 
        Federal land included within the National Monument that 
        fulfills the purposes described in section 3(b).
            (2) Requirements.--The management plan shall--
                    (A) describe the appropriate uses and management of 
                the National Monument;
                    (B) identify short-term and long-term management 
                actions for the National Monument;
                    (C) prioritize management actions identified under 
                subparagraph (B), based on projected availability of 
                resources;
                    (D) include a weed management component (including 
                use of grazing as appropriate) to guide noxious weed 
                control efforts and activities;
                    (E) include a habitat restoration opportunity 
                component;
                    (F) include a recreational opportunity enhancement 
                component;
                    (G) include a native fish passage and habitat 
                quality improvement component;
                    (H) include a component that addresses public 
                safety and environmental cleanup issues associated with 
                illegal marijuana production within the National 
                Monument; and
                    (I) identify areas outside of designated wilderness 
                in which nonmotorized recreation would be emphasized.
            (3) Public participation and special considerations.--In 
        developing the management plan, to the extent consistent with 
        this section, the Secretaries--
                    (A) shall solicit extensive public input;
                    (B) shall take into consideration any information 
                developed in studies of the land within the National 
                Monument;
                    (C) shall assess available climate change 
                information pertinent to the National Monument;
                    (D) shall include standards and practices--
                            (i) to ensure the preservation of wildlife 
                        corridors; and
                            (ii) to facilitate species migration;
                    (E) shall identify opportunities to promote 
                voluntary cooperative conservation projects with State, 
                local, and private interests;
                    (F) shall take into consideration existing land 
                uses (including grazing) on the Federal land within the 
                National Monument; and
                    (G) may incorporate any provision from a resource 
                management plan, land and resource management plan, or 
                any other plan applicable to the National Monument.
            (4) Consultation with advisory council.--In implementing 
        the management plan and in considering any recommendations from 
        the advisory council, the Secretaries shall consult with the 
        advisory council on a regular basis.
            (5) Cooperative agreements.--In carrying out this Act, the 
        Secretaries may make grants to, or enter into cooperative 
        agreements with, State, tribal, and local governmental entities 
        and private entities to conduct research, develop scientific 
        analyses, and carry out any other initiative relating to the 
        restoration or conservation of the National Monument.
    (d) Fish and Wildlife.--Nothing in this Act affects the 
jurisdiction of the State with respect to fish and wildlife located on 
public land in the State, except that the Secretary, after consultation 
with the State Department of Fish and Wildlife, may designate zones in 
the National Monument in which, and periods during which, hunting shall 
not be allowed for reasons of public safety, administration, or public 
use and enjoyment.
    (e) Motorized and Mechanized Vehicles.--
            (1) In general.--Except as needed for administrative 
        purposes or to respond to an emergency, the use of motorized 
        and mechanized vehicles on land within the National Monument 
        shall be permitted only on roads and trails designated for such 
        use.
            (2) Additional requirement.--In developing the management 
        plan required under subsection (c), to the extent consistent 
        with this section, the Secretary shall incorporate the motor 
        vehicle use maps with respect to land under the jurisdiction of 
        the Chief of the Forest Service.
            (3) Required analyses.--In developing the management plan 
        (and making any subsequent amendment to the management plan) 
        under subsection (c), the Secretary shall explicitly analyze 
        and document--
                    (A) each instance in which the requirements of this 
                section or other applicable law (including regulations) 
                necessitates alterations to the motorized route 
                designations described in the motor vehicle use maps; 
                and
                    (B) the manner in which the motor vehicle use maps 
                are consistent with this section.
    (f) Acquisition and Incorporation of Land and Interests.--
            (1) Authority.--The Secretary may acquire non-Federal land 
        within the boundaries of the National Monument only through 
        exchange, donation, or purchase from a willing seller.
            (2) Management.--Any land or interest in land that is 
        located within the National Monument that is acquired by the 
        United States shall--
                    (A) become part of the National Monument; and
                    (B) be managed in accordance with this Act.
    (g) Withdrawal.--
            (1) In general.--Subject to valid existing rights and 
        except as provided in paragraph (2), all Federal land within 
        the National Monument is withdrawn from--
                    (A) entry, appropriation, or disposal under the 
                public land laws;
                    (B) location, entry, and patent under the mining 
                laws; and
                    (C) leasing or disposition under all laws relating 
                to--
                            (i) minerals; and
                            (ii) operation of the mineral leasing, 
                        mineral materials, and geothermal leasing laws.
            (2) Limited conveyance.--The Secretary may authorize the 
        conveyance of Federal land within the National Monument if--
                    (A) the purpose for which the land is to be 
                conveyed is consistent with the purposes specified in 
                section 3(b);
                    (B) the conveyance would benefit the National 
                Monument and is in the public interest, as determined 
                by the Secretary; and
                    (C) the conveyance is made in accordance with 
                applicable law (including regulations).
    (h) Grazing.--
            (1) Existing locations.--Livestock grazing within the 
        National Monument, where established before the date of 
        enactment of this Act, shall be permitted to continue subject 
        to applicable law (including regulations).
            (2) Additional grazing.--Livestock grazing within the 
        National Monument, where not established before the date of 
        enactment of this Act, shall be--
                    (A) permitted only to the extent that the grazing 
                is consistent with the purposes described in section 
                3(b); and
                    (B) subject to applicable law (including 
                regulations).
            (3) Targeted grazing.--The Secretary may issue annual 
        targeted grazing permits for purposes of the control of noxious 
        weeds, fire suppression, or to provide other ecological 
        benefits consistent with the purposes described in section 
        3(b).
    (i) Wildland Fire Operations.--Nothing in this section prohibits 
the Secretary, in cooperation with other Federal, State, and local 
agencies, as appropriate, from conducting wildland fire operations in 
the National Monument consistent with the purposes described in section 
3(b).
    (j) Horses.--Subject to any terms and conditions determined to be 
necessary by the Secretary, nothing in this Act precludes horseback 
riding in, or the entry of recreational or commercial saddle or pack 
stock into, the National Monument, if the use is consistent with the 
purposes described in section 3(b) and other applicable law (including 
regulations).

SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT ADVISORY COUNCIL.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretaries shall establish an advisory 
council for the National Monument, to be known as the ``Berryessa Snow 
Mountain National Monument Advisory Council''.
    (b) Duties.--The advisory council shall advise the Secretaries with 
respect to the preparation and implementation of the management plan.
    (c) Applicable Law.--The advisory council shall be subject to--
            (1) the Federal Advisory Committee Act (5 U.S.C. App.);
            (2) the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.); and
            (3) all other applicable law.
    (d) Members.--The advisory council shall be composed of 16 members, 
to be appointed by the Secretaries, of whom, to the maximum extent 
practicable--
            (1) 1 member shall be appointed after considering the 
        recommendations of the Lake County Board of Supervisors;
            (2) 1 member shall be appointed after considering the 
        recommendations of the Napa County Board of Supervisors;
            (3) 1 member shall be appointed after considering the 
        recommendations of the Yolo County Board of Supervisors;
            (4) 1 member shall be appointed after considering the 
        recommendations of the Mendocino County Board of Supervisors;
            (5) 1 member shall be appointed after considering the 
        recommendations of the Solano County Board of Supervisors;
            (6) 1 member shall be appointed after considering the 
        recommendations of the Glenn County Board of Supervisors;
            (7) 1 member shall be appointed after considering the 
        recommendations of the Colusa County Board of Supervisors;
            (8) 1 member shall be appointed after considering the 
        recommendations of the head of the California Resources Agency;
            (9) 1 member shall be appointed to represent Indian tribes; 
        and
            (10) 7 members shall--
                    (A) reside in, or within reasonable proximity to, 
                Yolo County, Napa County, Mendocino County, Solano 
                County, Glenn County, Colusa County, or Lake County, 
                California; and
                    (B) have backgrounds that reflect--
                            (i) the purposes described in section 3(b); 
                        and
                            (ii) the interest of persons affected by 
                        the planning and management of the National 
                        Monument, including persons representing 
                        agricultural, private landowners, 
                        environmental, recreational, tourism, or other 
                        non-Federal land interests.
    (e) Representation.--The Secretaries shall ensure that the 
membership of the advisory council is fairly balanced in terms of--
            (1) the points of view represented by the members of the 
        advisory council; and
            (2) the functions to be performed by the advisory council.
    (f) Terms.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the advisory council shall be appointed for a term of 
        3 years.
            (2) Initial members.--Notwithstanding paragraph (1), of the 
        members first appointed to the advisory council--
                    (A) 4 members shall be appointed for a term of 1 
                year; and
                    (B) 4 members shall be appointed for a term of 2 
                years.
            (3) Reappointment.--A member may be reappointed to serve on 
        the advisory council on the expiration of the term of the 
        member.
            (4) Vacancy.--A vacancy on the advisory council shall be 
        filled in the same manner as the original appointment of the 
        member.
    (g) Quorum.--
            (1) In general.--A quorum of the advisory council shall be 
        8 members.
            (2) Effect.--If quorum has otherwise been attained, the 
        operation of the advisory council shall not be impaired by the 
        fact that a member has not yet been appointed.
    (h) Chairperson and Procedures.--The advisory council shall--
            (1) elect a chairperson of the advisory council; and
            (2) establish such rules and procedures for the advisory 
        council as the advisory council determines to be necessary or 
        desirable.
    (i) Service Without Compensation.--Members of the advisory council 
shall serve without pay.
    (j) Termination.--The advisory committee shall terminate on the 
later of--
            (1) the date that is 5 years after the date on which the 
        management plan is officially adopted by the Secretaries; or
            (2) the date that the Secretaries determine to be 
        appropriate.

SEC. 7. WATER.

    Nothing in this Act--
            (1) affects the use or allocation, in existence on the date 
        of 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 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 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 enactment of this Act;
            (6) impairs the ability of the Bureau of Reclamation and 
        any managing partners of the Bureau of Reclamation to operate, 
        maintain, or manage Monticello Dam, Lake Berryessa, and other 
        Solano Project facilities in accordance with the purposes of 
        the project;
            (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; or
            (8) affects the use of motorized or nonmotorized watercraft 
        (including personal, commercial, and recreational watercraft) 
        on Lake Berryessa.
                                 <all>
```