,,ii #aacth ,,congress #ast ,session ,s4 #dhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjac ,mrs4 ,boxer introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to designate the ,berryessa ,snow ,mountain ,national ,conservation ,area in the ,state of ,california1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,berryessa ,snow ,mountain ,national ,conservation ,area ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,establishment of ,berryessa ,snow ,mountain ,national ,conservation ,area1 ,california4 ,sec4 #d4 ,access and buffer zones4 ,sec4 #e4 ,management of ,federal lands in conservation area4 ,sec4 #f4 ,berryessa ,snow ,mountain ,national ,conservation ,area ,advisory ,council4 ,sec4 #g4 ,water4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory council ,the term advisory council means the ,berryessa ,snow ,mountain ,national ,conservation ,area ,advisory ,council4 7#b7 ,conservation area ,the term conservation area means the ,berryessa ,snow ,mountain ,national ,conservation ,area4 7#c7 ,secretaries ,the term ,secretaries mean the ,secretary of ,agriculture and the ,secretary of the ,interior acting jointly4 7#d7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to those conservation area lands under the jurisdiction of the ,secretary of ,agriculture2 and 7,b7 the ,secretary of the ,interior1 with respect to those conservation area lands under the jurisdiction of the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,california4 7#f7 ,motor vehicle use maps ,the term motor vehicle use maps means the maps produced by the ,forest ,service titled ,motor ,vehicle ,use ,map1 ,mendocino ,national ,forest1 ,,south ,,map1 ,california1 #bjjh and ,motor ,vehicle ,use ,map1 ,mendocino ,national ,forest1 ,,south ,,central ,,map1 ,california1 #bjjh and any amendments to those maps4 #c4 ,establishment of ,berryessa ,snow ,mountain ,national ,conservation ,area1 ,california 7a7 ,establishment ,subject to valid existing rights1 there is hereby established the ,berryessa ,snow ,mountain ,national ,conservation ,area in the ,state4 7b7 ,purpose ,the purpose of the ,berryessa ,snow ,mountain ,national ,conservation ,area is to conserve1 protect1 and enhance for the benefit and enjoyment of present and future generations the ecological1 scenic1 wildlife1 recreational1 cultural1 historical1 natural1 educational1 and scientific resources of the lands included in the conservation area4 7c7 ,area included ,the conservation area consists of approximately #cdi1hej acres of ,federal land and interests in ,federal land within ,napa1 ,lake1 ,mendocino1 ,solano1 and ,yolo ,counties1 ,california1 as depicted on the map entitled ,berryessa ,snow ,mountain ,national ,conservation ,area and dated ,february #ba1 #bjac4 7d7 ,legal descriptions2 corrections of errors 7#a7 ,preparation ,as soon as practical after the date of enactment of this ,act1 but in no event later than two years after such date1 the ,secretaries shall prepare final maps and legal descriptions of the conservation area4 7#b7 ,submission ,as soon as practicable after the preparation of the maps and legal descriptions under paragraph 7#a71 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 ,resources of the ,senate4 7#c7 ,public availability ,the maps and legal descriptions prepared under paragraph 7#a7 shall be available for public inspection at appropriate offices of the ,bureau of ,land ,management and ,forest ,service4 7#d7 ,legal effect ,the maps and legal descriptions of the conservation area shall have the same force and effect as if included in this ,act1 except that the ,secretaries may correct clerical and typographical errors in the maps and legal descriptions4 #d4 ,access and buffer zones 7a7 ,non-,federal lands and interests 7#a7 ,no requirement of public access ,nothing in this ,act requires a non-,federal property owner to allow public access to private property4 7#b7 ,affect on other laws ,nothing in this ,act modifies any provision of ,federal1 ,state1 or local law with respect to use of non-,federal land4 7b7 ,access ,the ,secretary shall continue to provide historical and adequate access to private inholdings in the conservation area4 7c7 ,buffer zones 7#a7 ,in general ,nothing in this ,act creates a protective perimeter of buffer zone around the conservation area4 7#b7 ,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 area4 #e4 ,management of ,federal lands in conservation area 7a7 ,basis of management 7#a7 ,applicable laws ,the ,secretary shall manage the conservation area in a manner that conserves1 protects1 and enhances the natural resources and values of the conservation area1 in accordance with-- 7,a7 this ,act2 7,b7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq47 for lands managed by the ,bureau of ,land ,management2 7,c7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7,d7 the ,act of ,june #ag1 #aijb 7commonly known as the ,reclamation ,act of #aijb2 #cb ,stat4 #chh7 and ,acts amendatory thereof and supplemental thereto2 7,e7 other laws 7including regulations7 applicable to the ,national ,forest ,system for land managed by the ,forest ,service2 and 7,f7 other applicable law 7including regulations74 7#b7 ,resolution of conflicts ,if there is a conflict between a provision of this ,act and a provision of one of the other laws specified in paragraph 7#a71 the more restrictive provision shall control4 7b7 ,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 established4 7c7 ,tribal cultural uses ,nothing in this ,act shall be construed to enlarge or diminish the rights of any ,indian tribe4 7d7 ,recreation ,the ,secretary shall continue to authorize1 maintain1 and enhance the recreational use of the conservation area1 including hunting1 fishing1 camping1 hiking1 hang gliding1 sightseeing1 nature study1 horseback riding1 rafting1 mountain biking and motorized recreation on authorized routes1 and other recreational activities1 so long as such recreational use is consistent with the purposes of the conservation area1 this section1 other applicable law 7including regulations71 and applicable management plans4 7e7 ,management plan 7#a7 ,in general ,within three years after the date of enactment of this ,act1 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 established4 ,in implementing the management plan and in considering any recommendations from the advisory council1 the ,secretaries shall consult on a regular basis4 7#b7 ,purposes ,the management plan shall-- 7,a7 describe the appropriate uses and management of the conservation area2 7,b7 be developed with extensive public input2 7,c7 take into consideration any information developed in studies of the land within the conservation area2 7,d7 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 migration2 7,e7 include a comprehensive weed management strategy 7including use of grazing where appropriate7 to guide noxious weed control efforts and activities2 7,f7 identify and prioritize habitat restoration opportunities and strategies within the conservation area2 7,g7 identify opportunities to enhance recreational opportunities throughout the conservation area2 7,h7 identify areas outside of designated wilderness where non-motorized recreation will be emphasized2 7,i7 identify opportunities to improve fish passage and habitat quality for native fish species2 7,j7 include a plan to address the public safety and environmental clean-up issues associated with illegal marijuana production within the conservation area2 7,k7 identify opportunities to promote voluntary cooperative conservation projects with ,state1 local1 and private interests2 and 7,l7 take into consideration existing land uses 7including grazing7 on the ,federal lands within the conservation area4 7#c7 ,other plans ,in developing the management plan1 and to the extent consistent with this section1 the ,secretary may incorporate any provision from a resource management plan1 land and resource management plan1 or any other plan applicable to the conservation area4 7#d7 ,cooperative agreements ,in carrying out this ,act1 the ,secretary may make grants to1 or enter into cooperative agreements with1 ,state1 tribal1 and local governmental entities and private entities to conduct research1 develop scientific analyses1 and carry out any other initiative relating to the restoration or conservation of the conservation area4 7f7 ,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 ,state1 except that the ,secretary1 after consultation with the ,california ,department of ,fish and ,wildlife1 may designate zones in the conservation area where1 and periods when1 hunting shall not be allowed for reasons of public safety1 administration1 or public use and enjoyment4 7g7 ,motorized and mechanized vehicles 7#a7 ,in general ,except where needed for administrative purposes or to respond to an emergency1 the use of motorized and mechanized vehicles on lands within the conservation area shall be permitted only on roads and trails designated for their use4 7#b7 ,additional requirement ,in developing the management plan required by this section1 and to the extent consistent with this section1 the ,secretary1 for lands under jurisdiction of ,forest ,service1 shall incorporate the motor vehicle use maps4 ,in developing the management plan 7and making any subsequent amendment to the management plan71 the ,secretary shall explicitly analyze and document-- 7,a7 each instance in which the requirements of this section or other applicable law makes it necessary to alter the motor vehicle use maps2 and 7,b7 the manner in which the motor vehicle use maps are consistent with the requirements of this section4 7h7 ,incorporation of acquired lands and interests 7#a7 ,authority ,the ,secretary may acquire non-,federal land within the boundaries of the conservation area only through exchange1 donation1 or purchase from a willing seller4 7#b7 ,management ,any land or interest in land that is located within the conservation area that is acquired by the ,united ,states shall-- 7,a7 become part of the conservation area2 and 7,b7 be managed in accordance with this ,act4 7i7 ,withdrawal ,subject to valid existing rights1 all ,federal land within the conservation area is withdrawn from-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 leasing or disposition under all laws relating to-- 7,a7 minerals2 and 7,b7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7j7 ,grazing 7#a7 ,in general ,livestock grazing within the conservation area1 where established before the date of enactment of this ,act1 shall be permitted to continue subject to all applicable laws and regulations4 7#b7 ,other grazing ,livestock grazing within the conservation area1 where not established before the date of enactment of this ,act1 shall only be permitted to the extent that it is consistent with the purposes of the conservation area and subject to all applicable laws and regulations4 7#c7 ,targeted grazing ,the ,secretary may issue annual targeted grazing permits for purposes of the control of noxious weeds1 fire suppression1 or to provide other ecological benefits consistent with the purposes of the conservation area4 7k7 ,wildland fire operations ,nothing in this section prohibits the ,secretary1 in cooperation with other ,federal1 ,state1 and local agencies1 as appropriate1 from conducting wildland fire operations in the conservation area1 consistent with the purposes of the conservation area4 7l7 ,horses ,subject to any terms and conditions determined to be necessary by the ,secretary1 nothing in this ,act precludes horseback riding in1 or the entry of recreational or commercial saddle or pack stock into1 the conservation area where such use is consistent with the purposes of the conservation area and other applicable law 7including regulations74 #f4 ,berryessa ,snow ,mountain ,national ,conservation ,area ,advisory ,council 7a7 ,establishment ,not less than #ahj days after the date of enactment of this ,act1 the ,secretaries shall establish an advisory council1 to be known as the ,berryessa ,snow ,mountain ,national ,conservation ,area ,advisory ,council4 7b7 ,duties ,the advisory council shall advise the ,secretaries with respect to the preparation and implementation of the management plan for the conservation area4 7c7 ,applicable law ,the advisory council shall be subject to-- 7#a7 the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app472 7#b7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 and 7#c7 all other applicable law4 7d7 ,members ,the advisory council shall include #ab members1 to be appointed by the ,secretaries1 of whom1 to the extent practicable-- 7#a7 one member shall be appointed after considering the recommendations of the ,lake ,county ,board of ,supervisors2 7#b7 one member shall be appointed after considering the recommendations of the ,napa ,county ,board of ,supervisors2 7#c7 one member shall be appointed after considering the recommendations of the ,yolo ,county ,board of ,supervisors2 7#d7 one member shall be appointed after considering the recommendations of the ,mendocino ,county ,board of ,supervisors2 7#e7 one member shall be appointed after considering the recommendations of the ,solano ,county ,board of ,supervisors2 7#f7 one member shall be appointed after considering the recommendations of the head of the ,california ,resources ,agency2 7#g7 one member shall be appointed to represent ,native ,american ,tribes2 7#h7 five members shall reside in1 or within reasonable proximity to1 ,yolo ,county1 ,napa ,county1 ,mendocino ,county1 ,solano ,county1 or ,lake ,county1 ,california1 with backgrounds that reflect-- 7,a7 the purposes for which the conservation area was established2 and 7,b7 the interest of the stakeholders that are affected by the planning and management of the conservation area including1 stakeholders representing the agricultural1 private land-ownership1 environmental1 recreational1 tourism1 or other non-,federal land interests4 7e7 ,representation ,the ,secretaries shall ensure that the membership of the advisory council is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory council4 7f7 ,terms 7#a7 ,staggered terms ,members of the advisory council shall be appointed for terms of #c years1 except that1 of the members first appointed1 #d of the members shall be appointed for a term of #a year and #d of the members shall be appointed for a term of #b years4 7#b7 ,reappointment ,a member may be reappointed to serve on the advisory council upon the expiration of the member's current term4 7#c7 ,vacancy ,a vacancy on the advisory council shall be filled in the same manner as the original appointment4 7g7 ,quorum ,a quorum shall be six members of the advisory council4 ,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 attained4 7h7 ,chairperson and procedures ,the advisory council shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable4 7i7 ,service without compensation ,members of the advisory council shall serve without pay4 7j7 ,termination ,the advisory committee shall cease to exist-- 7#a7 on the date that is five years after the date on which the management plan is officially adopted by the ,secretaries2 or 7#b7 on such later date as the ,secretaries consider appropriate4 #g4 ,water ,nothing in this ,act-- 7#a7 affects the use or allocation1 in existence on the date of enactment of this ,act1 of any water1 water right1 or interest in water2 7#b7 affects any vested absolute or decreed conditional water right in existence on the date of enactment of this ,act1 including any water right held by the ,united ,states2 7#c7 affects any interstate water compact in existence on the date of enactment of this ,act2 7#d7 authorizes or imposes any new reserved ,federal water rights2 7#e7 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 ,act2 7#f7 impairs the ability of the ,bureau of ,reclamation and its managing partners to operate1 maintain1 or manage ,monticello ,dam1 ,lake ,berryessa1 and other ,solano ,project facilities in accordance with the purposes of such project2 7#g7 modifies1 changes1 or supersedes any water contract or agreements approved or administered by the ,bureau of ,reclamation or ,solano ,county ,water ,agency or ,solano ,irrigation ,district2 or 7#h7 affects the use of motorized or nonmotorized watercraft 7including personal1 commercial and recreational watercraft7 on ,lake ,berryessa4