I
107TH CONGRESS
1ST SESSION
H. R. 3554
To transfer to the State of California certain Federal land in Yolo and
Solano Counties, California, to provide for the establishment of a wildlife
area on that land, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. OSE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To transfer to the State of California certain Federal land
in Yolo and Solano Counties, California, to provide for
the establishment of a wildlife area on that land, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TRANSFER OF LAND.
(a) IN GENERAL.—As soon as practicable after the
date of the enactment of this Act, the Secretary of the
Interior shall transfer to the State of California all right,
title, and interest of the United States in and to the ap-
proximately 2,868 acres of land described in subsection
(b).
(b) LAND DESCRIBED.—The land referred to in sub-
section (a) is described as follows:
(1) PROSPECT
ISLAND.—The approximately
1,228 acres of land known as Prospect Island and
generally depicted on the map entitled ll and
dated ll.
(2) LITTLE
HOLLAND
TRACT.—The approxi-
mately 1,640 acres of land west of Prospect Island
known as the Little Holland Tract and generally de-
picted on the map entitled ll and dated ll.
SEC. 2. CONDITIONS OF TRANSFER.
The Secretary shall make the transfer under section
1 only under the following conditions:
(1) HOLD HARMLESS.—Prior to or contempora-
neous with the transfer, the State enters into a writ-
ten agreement with the Secretary to hold the United
States harmless from all claims arising from or
through the operation of the land and improvements
transferred.
(2) MANAGEMENT PLAN REQUIRED.—Prior to
the transfer, the State shall submit to the Secretary
a Management Plan. The Secretary shall only ap-
prove the Management Plan if it—
(A) meets the criteria in section 4; and
(B) has been developed with the input of
an advisory board that meets the criteria in sec-
tion 5.
(3) ADMINISTRATION OF LAND.—
(A) BEFORE APPROVAL OF MANAGEMENT
PLAN.—Before the approval of a Management
Plan under paragraph (2), the State shall ad-
minister the land transferred under section 1
substantially in accordance with the require-
ments for the Management Plan as set forth in
section 4.
(B) AFTER
APPROVAL
OF
MANAGEMENT
PLAN.—After approval of the Management Plan
under paragraph (2), the State shall administer
the land transferred under section 1 in accord-
ance with the approved Management Plan.
(C) AMENDMENTS AND MODIFICATIONS TO
MANAGEMENT PLAN.—The State shall not act
on any amendment to or modification of the ap-
proved Management Plan unless the amend-
ment or modification has been approved by the
Secretary in the same manner that the Manage-
ment Plan was approved.
(4) CONDITIONS FOR ACQUISITION OF CERTAIN
WATERS.—Prior to or contemporaneous with the
transfer, the State enters into a written agreement
with the Secretary stating that the State agrees not
to acquire for the Wildlife Area any right to water
within the Sacramento River Watershed until
after—
(A) the State has completed the appro-
priate environmental documentation for the ac-
quisition; and
(B) such acquisition is approved by the
board of supervisors for each originating source
county and destination county prior to the ac-
quisition.
SEC. 3. AUTHORITY OF STATE BOARD OF RECLAMATION.
Notwithstanding the provisions of the Management
Plan, the State Board of Reclamation may increase the
flood conveyance capacity of the Yolo Bypass if the State
Board of Reclamation determines that such an increase
is necessary to protect land, property, or people located
within the State that are within or outside of the bound-
aries of the Wildlife Area. The authority of the State
Board of Reclamation under this section shall not be sub-
ject to review by, nor may it be superseded by, any action
by the United States Army Corp of Engineers.
SEC. 4. MANAGEMENT PLAN.
The Management Plan shall—
(1) provide that the primary purpose of the
Wildlife Area is flood control;
(2) provide for perpetuation of the ecosystem of
the Wildlife Area;
(3) provide for the preservation, restoration,
and enhancement of natural ecosystems of all spe-
cies of animals and plants that are endangered spe-
cies or threatened species (as those terms are used
in the Endangered Species Act of 1973 (16 U.S.C.
1331 et seq.)) and that occur within the Wildlife
Area;
(4) provide for the preservation and restoration
of all species of animals and plants in the Wildlife
Area that are listed under the Endangered Species
Act of 1973 (16 U.S.C. 1331 et seq.), including the
conservation, enhancement, and restoration of the
habitat of those animals and plants;
(5) provide for perpetual conservation of the
natural diversity and abundance of fauna and flora
on land and waters in the Wildlife Area;
(6) contain provisions for exhibits and facilities
and regular educational programs throughout the
Wildlife Area to provide opportunities for the public
to participate in high-quality, wildlife-related edu-
cational and recreational experiences in order to de-
velop a greater understanding of and appreciation
for fish and wildlife ecology and the role of humans
in the environment;
(7) encourage the use of volunteers and facili-
tate partnerships among the Federal Government,
local communities, conservation organizations, and
other non-Federal entities to promote public aware-
ness of the resources of the Wildlife Area and public
participation in the conservation of those resources;
(8) provide scientific research opportunities
consistent with the purposes and needs of the Wild-
life Area;
(9) contain provisions for planning and design
of trails within the Wildlife Area and public access
points to those trails;
(10) contain provisions that allow for hunting
and fishing within the Wildlife Area; and
(11) contain provisions for planning of wildlife
and habitat restoration within the Wildlife Area.
SEC. 5. ADVISORY BOARD.
(a) GENERAL REQUIREMENTS.—In order to meet the
conditions under section 2, the advisory board that devel-
ops the Management Plan shall meet the requirements of
this section.
(b) TOTAL NUMBER OF MEMBERS.—The advisory
board shall have 9 members as follows:
(1) One member appointed by each of the fol-
lowing:
(A) The mayor of the city of West Sac-
ramento.
(B) The Yolo County Board of Super-
visors.
(C) The Solano County Board of Super-
visors.
(D) The Solano County Farm Bureau.
(E) The Yolo County Farm Bureau.
(F) The mayor of the city of Rio Vista.
(2) A representative of the California Waterfowl
Association appointed by the Association.
(3) A representative of the North Delta Water
Agency appointed by that Agency.
(4) One member appointed by the Delta Protec-
tion Commission.
(c) CHAIRPERSON.—The chairperson of the advisory
board shall be elected by the members from the members
appointed under subsection (b)(1). The term of office of
the chairperson shall be 2 years.
(d) MEETINGS.—The advisory board shall meet not
less than monthly until a management plan is submitted
under section 2(2) and at the call of a majority of its
members thereafter.
(e) QUORUM.—A quorum shall consist of 50 percent
of the members appointed under subsection (b)(1).
(f) ADVISORY BOARD PROCEDURES.—
(1) MEETINGS OPEN TO PUBLIC.—Each advi-
sory board meeting shall be open to the public.
(2) INPUT BY INTERESTED PERSONS.—Inter-
ested persons shall be permitted to attend the meet-
ings of, or file statements with, the advisory board.
(3) MINUTES.—Detailed minutes of each meet-
ing of the advisory board shall be kept and shall
contain a record of the persons present, a complete
and accurate description of matters discussed and
conclusions reached, and copies of all reports re-
ceived, issued, or approved by the advisory board.
The accuracy of all minutes shall be certified to by
the chairman of the advisory board.
(g) DUTIES.—The duties of the advisory board shall
be—
(1) to develop, submit, and provide local over-
sight of the management plan in accordance with
the Act; and
(2) to advise the State regarding management
of the Wildlife Area.
(h) PUBLIC PARTICIPATION.—The advisory board
shall give special consideration to views by local public and
private entities and individuals in implementing the Man-
agement Plan.
(i) STAFF.—The State shall provide staff for the ad-
visory board, under terms and conditions established by
the State Secretary of Resources.
(j) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the advisory board, the State shall provide to
the advisory board, on a reimbursable basis, the adminis-
trative support services necessary for the advisory board
to carry out its responsibilities under this section.
(k) REPORTS.—The advisory board shall submit an
annual report and such interim reports as the advisory
board considers appropriate to the Secretary and the State
Secretary of Resources.
(l) NO FEDERAL FUNDS.—The requirements of this
section are a condition of the transfer authorized by sec-
tion 1 and no Federal funds may be used to provide com-
pensation to members of the advisory board or to carry
out any provision of this section.
SEC. 6. CONTINUED LAND USE.
Nothing in this Act shall be construed as prohibiting
or preventing, and it shall be a condition of the transfer
of land under this Act that the State shall not for purposes
of the Wildlife Area prohibit or prevent, the continuation
of ordinary and customary farming and ranching practices
within the Wildlife Area and on land outside the exterior
boundaries of the Wildlife Area.
SEC. 7. WATER USE.
Nothing in this Act or the creation of the Wildlife
Area shall be construed as authorizing any increase, relin-
quishment, or reduction of any water use or rights re-
served or appropriated by the United States.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) MANAGEMENT PLAN.—The term ‘‘Manage-
ment Plan’’ means the management plan for the
land transferred to the State under section 1.
(2) WILDLIFE
AREA.—The term ‘‘Wildlife
Area’’ means the land transferred to the State under
section 1.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(4) STATE.—The term ‘‘State’’ means the State
of California.
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