H.R. 4166 — Introduced in House

I 113th CONGRESS 2d Session H. R. 4166 IN THE HOUSE OF REPRESENTATIVES March 6, 2014 Mr. Thompson of California introduced the following bill; which was referred to the Committee on Natural Resources A BILL To transfer recreational management authority for Lake Berryessa in the State of California from the Bureau of Reclamation to the Bureau of Land Management, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Lake Berryessa Recreation Enhancement Act of 2014. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. Sec. 4. Transfer of administrative jurisdiction. Sec. 5. Management of Recreation Area. Sec. 6. Continued authorities of Commissioner of Reclamation. Sec. 7. Existing authorizations. Sec. 8. Recreation and concession fees. 2. Findings; purposes (a) Findings Congress finds that— (1) the Monticello Dam— (A) was authorized by the Reclamation Project Act of 1939 (53 Stat. 1187); (B) resulted in the formation of Lake Berryessa; and (C) is operated by the Bureau of Reclamation; (2) Lake Berryessa— (A) covers approximately 28,915 acres of surface water and land; (B) has 165 miles of shoreline; (C) has a 2,000 acre wildlife area on the east side; (D) is located less than 100 miles from both Sacramento, California and San Francisco, California; and (E) has become an important regional recreation destination; and (3) the recreational use at Lake Berryessa generates tourism that is important to local economies. (b) Purposes The purposes of this Act are— (1) to provide diverse, high quality recreational facilities and services on the water and land surrounding Lake Berryessa; (2) to conserve the natural, scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of that land and water; (3) to promote cooperation between the Federal Government and private entities to manage that exceptional resource; (4) to authorize the Secretary to manage certain resources under the Bureau of Land Management; and (5) to transfer to the Secretary, without consideration, administrative jurisdiction over certain Federal land for management as a unit of the Bureau of Land Management. 3. Definitions In this Act: (1) Dam The term Dam means— (A) the Monticello Dam; and (B) any facility relating to the Monticello Dam. (2) Recreation area The term Recreation Area means the Lake Berryessa Recreation Area designated by section 4(a). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of California. 4. Transfer of administrative jurisdiction (a) In general Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Bureau of Reclamation to the Bureau of Land Management for administration as the Lake Berryessa Recreation Area. (b) Description of land The land referred to in subsection (a) is the approximately ___ acres of water and land administered by the Bureau of Reclamation that is within or adjacent to Lake Berryessa and is identified as ___ on the map dated ___. 5. Management of Recreation Area (a) In general Subject to the authority of the Secretary under section 6, the Secretary shall manage the Recreation Area in accordance with sections 601 through 604 of Public Law 93–483. (b) Applicable law Subject to valid existing rights, the Secretary shall administer the Recreation Area in accordance with laws (including regulations) applicable to units of the public lands of the Bureau of Land Management. (c) Waters Nothing in this Act— (1) affects the use or allocation, in existence on the date of the 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 the 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 the 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 the enactment of this Act; (6) impairs the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam and other Solano Project facilities in accordance 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. (d) Existing agreements To benefit the interests of the public, the Secretary shall act in accordance with any agreement in existence on the date of the enactment of this Act with any organization for the management of— (1) campgrounds located in the Recreation Area; and (2) marinas located in the Recreation Area. (e) Comprehensive management plan (1) Development of plan The Secretary may develop a management plan under paragraph (1)— (A) as a new document; or (B) by adopting the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006. (2) Applicability Nothing in this Act requires an immediate revision or amendment to any plan for any public land of the Bureau of Land Management. (3) Use of planning documents Until the date on which the Secretary develops a management plan, the Secretary may use planning documents prepared by the Bureau of Reclamation without further administrative action. 6. Continued authorities of Commissioner of Reclamation Nothing in this Act or any subsequent management plan shall impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with that project’s authorized purposes. The Commissioner of Reclamation shall continue to administer and operate— (1) the Dam; and (2) any power facility relating to the Dam. 7. Existing authorizations (a) In general Except as provided in subsections (b) and (c), nothing in this Act affects any authorization in effect as of the date of the enactment of this Act made by any department or agency of the Federal Government for the use of land or water located within the Recreation Area (referred to in this section as an existing authorization). (b) Assumption of existing authorization Not later than 1 year after the date of the enactment of this Act, the Secretary shall assume the administration of any existing authorization, with such revisions as necessary to align the authorization with existing law and policies of the Bureau of Land Management. (c) Renewal of existing authorization The renewal of any existing authorization shall be made in accordance with such terms and conditions as the Secretary may prescribe. 8. Recreation and concession fees (a) Fees authorized The Secretary may establish, modify, charge, and collect recreation or concession fees at the Recreation Area in accordance with section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802). The amount of the fee shall be commensurate with the benefits and services provided to the visitor or with the recovery of the anticipated costs associated with management of the Recreation Area, including costs of maintaining or operating facilities and visitor services. (b) Use of fees The Secretary may retain fees collected under subsection (a) for the purposes of managing the Recreation Area.