I 
112TH CONGRESS 
2D SESSION 
H. R. 5545 
To designate the Berryessa Snow Mountain National Conservation Area in 
the State of California, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2012 
Mr. THOMPSON of California (for himself, Mr. GARAMENDI, and Ms. WOOL-
SEY) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To designate the Berryessa Snow Mountain National Con-
servation Area in the State of California, 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. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Berryessa Snow Mountain National Conservation Area 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 Coun-
cil. 
Sec. 7. Water. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) ADVISORY COUNCIL.—The term ‘‘advisory 
council’’ means the Berryessa Snow Mountain Na-
tional Conservation Area Advisory Council. 
(2) CONSERVATION
AREA.—The term ‘‘con-
servation area’’ means the Berryessa Snow Moun-
tain National Conservation Area. 
(3) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to those conservation area lands under 
the jurisdiction of the Secretary of Agriculture; 
and 
(B) the Secretary of the Interior, with re-
spect to those conservation area lands under 
the jurisdiction of the Secretary of the Interior. 
(4) SECRETARIES.—The term ‘‘Secretaries’’ 
mean the Secretary of Agriculture and the Secretary 
of the Interior acting jointly. 
(5) STATE.—The term ‘‘State’’ means the State 
of California. 
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(6) MOTOR
VEHICLE
USE
MAPS.—The term 
‘‘motor vehicle use maps’’ means the maps produced 
by the Forest Service titled ‘‘Motor Vehicle Use 
Map, Mendocino National Forest, SOUTH MAP, 
California, 2008’’ and ‘‘Motor Vehicle Use Map, 
Mendocino National Forest, SOUTH CENTRAL 
MAP, California, 2008’’ and any amendments to 
those maps. 
SEC. 3. ESTABLISHMENT OF BERRYESSA SNOW MOUNTAIN 
NATIONAL 
CONSERVATION 
AREA, 
CALI-
FORNIA. 
(a) ESTABLISHMENT.—Subject to valid existing 
rights, there is hereby established the Berryessa Snow 
Mountain National Conservation Area in the State. 
(b) PURPOSE.—The purpose of the Berryessa Snow 
Mountain National Conservation Area is to conserve, pro-
tect, and enhance for the benefit and enjoyment of present 
and future generations the ecological, scenic, wildlife, rec-
reational, cultural, historical, natural, educational, and 
scientific resources of the lands included in the conserva-
tion area. 
(c) AREA INCLUDED.—The conservation area con-
sists of approximately 319,300 acres of Federal land and 
interests in Federal land within Napa, Lake, Mendocino, 
and Yolo Counties, California, as depicted on the map en-
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titled ‘‘Berryessa Snow Mountain National Conservation 
Area’’ and dated May 2, 2012. 
(d) LEGAL DESCRIPTIONS; CORRECTIONS
OF ER-
RORS.— 
(1) PREPARATION.—As soon as practical after 
the date of enactment of this Act, but in no event 
later than two years after such date, the Secretaries 
shall prepare final maps and legal descriptions of the 
conservation area. 
(2) SUBMISSION.—As soon as practicable after 
the preparation of the maps and legal descriptions 
under paragraph (1), the Secretaries shall submit 
the maps and legal descriptions to the Committee on 
Natural Resources of the House of Representatives 
and to the Committee on Energy and Natural Re-
sources of the Senate. 
(3) PUBLIC
AVAILABILITY.—The maps and 
legal descriptions prepared under paragraph (1) 
shall be available for public inspection at appropriate 
offices of the Bureau of Land Management and For-
est Service. 
(4) LEGAL EFFECT.—The maps and legal de-
scriptions of the conservation area shall have the 
same force and effect as if included in this Act, ex-
cept that the Secretaries may correct clerical and ty-
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pographical errors in the maps and legal descrip-
tions. 
SEC. 4. ACCESS AND BUFFER ZONES. 
(a) ACCESS.—The Secretary shall continue to provide 
private landowners adequate access to inholdings in the 
conservation area. 
(b) BUFFER ZONES.— 
(1) IN GENERAL.—Nothing in this Act creates 
a protective perimeter of buffer zone around the con-
servation area. 
(2) ACTIVITIES
OUTSIDE
OF
CONSERVATION 
AREA.—The fact that any activities or uses outside 
of areas designated by this Act can be seen or heard 
within the conservation area shall not preclude the 
activities or uses outside of the conservation area. 
SEC. 5. MANAGEMENT OF FEDERAL LANDS IN CONSERVA-
TION AREA. 
(a) BASIS OF MANAGEMENT.— 
(1) APPLICABLE
LAWS.—The Secretary shall 
manage the conservation area in a manner that con-
serves, protects, and enhances the natural resources 
and values of the conservation area, in accordance 
with— 
(A) this Act; 
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(B) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.) for 
lands managed by the Bureau of Land Manage-
ment; 
(C) the Wilderness Act (16 U.S.C. 1131 et 
seq.); 
(D) the Act of June 17, 1902 (commonly 
known as the Reclamation Act of 1902; 32 
Stat. 388) and Acts amendatory thereof and 
supplemental thereto; 
(E) other laws (including regulations) ap-
plicable to the National Forest System for land 
managed by the Forest Service; and 
(F) other applicable law (including regula-
tions). 
(2) RESOLUTION OF CONFLICTS.—If there is a 
conflict between a provision of this Act and a provi-
sion of one of the other laws specified in paragraph 
(1), the more restrictive provision shall control. 
(b) USES.—The Secretary shall allow only such uses 
of the conservation area as the Secretary determines 
would further the purposes for which the conservation 
area is established. 
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(c) TRIBAL CULTURAL USES.—Nothing in this Act 
shall be construed to enlarge or diminish the rights of any 
Indian tribe. 
(d) RECREATION.—The Secretary shall continue to 
authorize, maintain, and enhance the recreational use of 
the conservation area, including hunting, fishing, camping, 
hiking, hang gliding, sightseeing, nature study, horseback 
riding, mountain biking, rafting, motorized recreation on 
authorized routes, and other recreational activities, so long 
as such recreational use is consistent with the purposes 
of the conservation area, this section, other applicable law 
(including regulations), and applicable management plans. 
(e) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Within three years after the 
date of enactment of this Act, the Secretaries shall 
develop a comprehensive plan for the protection and 
management of the Federal lands included within 
the conservation area that fulfills the purposes for 
which the conservation area is established. In imple-
menting the management plan and in considering 
any recommendations from the advisory council, the 
Secretaries shall consult on a regular basis. 
(2) PURPOSES.—The management plan shall— 
(A) describe the appropriate uses and 
management of the conservation area; 
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(B) be developed with extensive public 
input; 
(C) take into consideration any informa-
tion developed in studies of the land within the 
conservation area; 
(D) assess the impacts of climate change 
on the conservation area and establish policies 
and procedures to ensure the preservation of 
wildlife corridors and facilitate species migra-
tion; 
(E) include a comprehensive weed manage-
ment strategy (including use of grazing where 
appropriate) to guide noxious weed control ef-
forts and activities; 
(F) identify and prioritize habitat restora-
tion opportunities and strategies within the con-
servation area; 
(G) identify opportunities to enhance rec-
reational opportunities throughout the conserva-
tion area; 
(H) identify areas outside of designated 
wilderness where non-motorized recreation will 
be emphasized; 
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(I) identify opportunities to improve fish 
passage and habitat quality for native fish spe-
cies; 
(J) include a plan to address the public 
safety and environmental clean-up issues associ-
ated with illegal marijuana production within 
the conservation area; 
(K) identify opportunities to promote vol-
untary cooperative conservation projects with 
State, local, and private interests; and 
(L) take into consideration existing land 
uses (including grazing) on the Federal lands 
within the conservation area. 
(3) OTHER PLANS.—In developing the manage-
ment plan, and to the extent consistent with this 
section, the Secretary may incorporate any provision 
from a resource management plan, land and re-
source management plan, or any other plan applica-
ble to the conservation area. 
(4) COOPERATIVE AGREEMENTS.—In carrying 
out this Act, the Secretary 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 
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carry out any other initiative relating to the restora-
tion or conservation of the conservation area. 
(f) FISH AND WILDLIFE.—Nothing in this Act af-
fects 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 California De-
partment of Fish and Game, may designate zones in the 
conservation area where, and periods when, hunting shall 
not be allowed for reasons of public safety, administration, 
or public use and enjoyment. 
(g) MOTORIZED VEHICLES.— 
(1) IN GENERAL.—Except where needed for ad-
ministrative purposes or to respond to an emer-
gency, the use of motorized vehicles on lands within 
the conservation area shall be permitted only on des-
ignated roads and trails. 
(2) ADDITIONAL REQUIREMENT.—In developing 
the management plan required by this section, and 
to the extent consistent with this section, the Sec-
retary, for lands under jurisdiction of Forest Serv-
ice, shall incorporate the motor vehicle use maps. In 
developing the management plan (and making any 
subsequent amendment to the management plan), 
the Secretary shall explicitly analyze and docu-
ment— 
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(A) each instance in which the require-
ments of this section or other applicable law 
makes it necessary to alter the motor vehicle 
use maps; and 
(B) the manner in which the motor vehicle 
use maps are consistent with the requirements 
of this section. 
(h) INCORPORATION OF ACQUIRED LANDS AND IN-
TERESTS.— 
(1) AUTHORITY.—The Secretary may acquire 
non-Federal land within the boundaries of the con-
servation area only through exchange, donation, or 
purchase from a willing seller. 
(2) MANAGEMENT.—Any land or interest in 
land that is located within the conservation area that 
is acquired by the United States shall— 
(A) become part of the conservation area; 
and 
(B) be managed in accordance with this 
Act. 
(i) WITHDRAWAL.—Subject to valid existing rights, 
all Federal land within the conservation area is withdrawn 
from— 
(1) entry, appropriation, or disposal under the 
public land laws; 
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(2) location, entry, and patent under the mining 
laws; and 
(3) leasing or disposition under all laws relating 
to— 
(A) minerals; and 
(B) operation of the mineral leasing, min-
eral materials, and geothermal leasing laws. 
(j) GRAZING.— 
(1) PERMITTED.—The Secretary shall permit 
grazing within the conservation area— 
(A) where established before the date of 
enactment of this Act; or 
(B) through the issuance of annual permits 
for non-commercial grazing for the purposes of 
control of noxious weeds within the conservation 
area. 
(2) REQUIREMENT.—Grazing permitted under 
paragraph (1) shall be— 
(A) subject to all applicable laws (including 
regulations); and 
(B) consistent with the purposes of the 
conservation area. 
(k) WILDLAND FIRE OPERATIONS.—Nothing in this 
section prohibits the Secretary, in cooperation with other 
Federal, State, and local agencies, as appropriate, from 
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conducting wildland fire operations in the conservation 
area, consistent with the purposes of the conservation 
area. 
(l) 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 rec-
reational or commercial saddle or pack stock into, the con-
servation area where such use is consistent with the pur-
poses of the conservation area and other applicable law 
(including regulations). 
SEC. 6. BERRYESSA SNOW MOUNTAIN NATIONAL CON-
SERVATION AREA ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Not less than 180 days after 
the date of enactment of this Act, the Secretaries shall 
establish an advisory council, to be known as the 
‘‘Berryessa Snow Mountain National Conservation Area 
Advisory Council’’. 
(b) DUTIES.—The advisory council shall advise the 
Secretaries with respect to the preparation and implemen-
tation of the management plan for the conservation area. 
(c) APPLICABLE LAW.—The advisory council shall be 
subject to— 
(1) the Federal Advisory Committee Act (5 
U.S.C. App.); 
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(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 include 11 
members, to be appointed by the Secretaries, of whom, 
to the extent practicable— 
(1) one member shall be appointed after consid-
ering the recommendations of the Lake County 
Board of Supervisors; 
(2) one member shall be appointed after consid-
ering the recommendations of the Napa County 
Board of Supervisors; 
(3) one member shall be appointed after consid-
ering the recommendations of the Yolo County 
Board of Supervisors; 
(4) one member shall be appointed after consid-
ering the recommendations of the Mendocino County 
Board of Supervisors; 
(5) one member shall be appointed after consid-
ering the recommendations of the head of the Cali-
fornia Resources Agency; 
(6) one member shall be appointed to represent 
Native American Tribes; 
(7) five members shall reside in, or within rea-
sonable proximity to, Yolo County, Napa County, 
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Mendocino County, or Lake County, California, with 
backgrounds that reflect— 
(A) the purposes for which the conserva-
tion area was established; and 
(B) the interest of the stakeholders that 
are affected by the planning and management 
of the conservation area. 
(e) REPRESENTATION.—The Secretaries shall ensure 
that the membership of the advisory council is fairly bal-
anced in terms of the points of view represented and the 
functions to be performed by the advisory council. 
(f) TERMS.— 
(1) STAGGERED TERMS.—Members of the advi-
sory council shall be appointed for terms of 3 years, 
except that, of the members first appointed, 4 of the 
members shall be appointed for a term of 1 year and 
4 of the members shall be appointed for a term of 
2 years. 
(2) REAPPOINTMENT.—A member may be re-
appointed to serve on the advisory council upon the 
expiration of the member’s current term. 
(3) VACANCY.—A vacancy on the advisory 
council shall be filled in the same manner as the 
original appointment. 
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(g) QUORUM.—A quorum shall be six members of the 
advisory council. The operations of the advisory council 
shall not be impaired by the fact that a member has not 
yet been appointed as long as a quorum has been attained. 
(h) CHAIRPERSON AND PROCEDURES.—The advisory 
council shall elect a chairperson and establish such rules 
and procedures as it deems necessary or desirable. 
(i) SERVICE WITHOUT COMPENSATION.—Members of 
the advisory council shall serve without pay. 
(j) TERMINATION.—The advisory committee shall 
cease to exist— 
(1) on the date that is five years after the date 
on which the management plan is officially adopted 
by the Secretaries; or 
(2) on such later date as the Secretaries con-
sider 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 condi-
tional water right in existence on the date of enact-
ment of this Act, including any water right held by 
the United States; 
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(3) affects any interstate water compact in ex-
istence 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 re-
served 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 Rec-
lamation and its managing partners to operate, 
maintain, 
or 
manage 
Monticello 
Dam, 
Lake 
Berryessa, and other Solano Project facilities in ac-
cordance 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. 
Æ 
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