,i #aadth ,,congress #ast ,session ,h4 ,r4 #gfa ,,in ,,the ,,house ,,of ,,representatives ,february #e1 #bjae ,mr4 ,thompson of ,california 7for himself1 ,mr4 ,garamendi1 and ,mr4 ,huffman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to designate the ,berryessa ,snow ,mountain ,national ,monument 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 ,monument ,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 ,monument1 ,california4 ,sec4 #d4 ,access and buffer zones4 ,sec4 #e4 ,management of ,federal lands within the ,national ,monument4 ,sec4 #f4 ,berryessa ,snow ,mountain ,national ,monument ,advisory ,council4 ,sec4 #g4 ,water4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory council ,the term advisory council means the ,berryessa ,snow ,mountain ,national ,monument ,advisory ,council4 7#b7 ,management plan ,the term management plan means either a new plan or an amendment to an existing plan developed consistent with section #e7;e74 7#c7 ,motor vehicle use maps ,the term motor vehicle use maps means the maps produced by the ,forest ,service regarding authorized motor vehicle use within the ,mendocino ,national ,forest and titled ,motor ,vehicle ,use ,map1 ,mendocino ,national ,forest1 including periodic revisions of such maps4 7#d7 ,national monument ,the term ,national ,monument means the ,berryessa ,snow ,mountain ,national ,monument4 7#e7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to those ,national ,monument lands under the jurisdiction of the ,secretary of ,agriculture2 and 7,b7 the ,secretary of the ,interior1 with respect to those ,national ,monument lands under the jurisdiction of the ,secretary of the ,interior4 7#f7 ,secretaries ,the term ,secretaries means the ,secretary of ,agriculture and the ,secretary of the ,interior acting jointly4 #c4 ,establishment of ,berryessa ,snow ,mountain ,national ,monument1 ,california 7a7 ,establishment ,subject to valid existing rights1 there is hereby established the ,berryessa ,snow ,mountain ,national ,monument in the ,state of ,california4 7b7 ,purpose ,the purpose of the ,berryessa ,snow ,mountain ,national ,monument 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 ,national ,monument4 7c7 ,area included ,the ,national ,monument consists of ,federal land and interests in ,federal land within ,colusa1 ,glenn1 ,lake1 ,mendocino1 ,napa1 ,solano1 and ,yolo ,counties1 ,california1 as depicted on the map entitled ,berryessa ,snow ,mountain ,national ,monument4 7d7 ,exclusion of non-,federal land ,the ,national ,monument includes only ,federal land and interests in ,federal land and does not include or apply to private property or other non-,federal land and interests in land within the exterior boundaries of the ,national ,monument4 7e7 ,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 ,national ,monument4 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 ,national ,monument 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 within the exterior boundaries of the ,national ,monument4 7c7 ,buffer zones 7#a7 ,in general ,nothing in this ,act creates a protective perimeter or buffer zone around the ,national ,monument4 7#b7 ,activities outside of ,national ,monument ,the fact that any activities or uses outside of areas designated by this ,act can be seen or heard within the ,national ,monument shall not preclude the activities or uses outside of the ,national ,monument4 #e4 ,management of ,federal lands within the ,national ,monument 7a7 ,basis of management 7#a7 ,applicable laws ,the ,secretary shall manage the ,national ,monument in a manner that conserves1 protects1 and enhances the natural resources and values of the ,national ,monument1 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 ,national ,monument as the ,secretary determines would further the purposes specified in section #c7;b74 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 ,national ,monument1 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 specified in section #c7;b71 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 ,national ,monument that fulfills the purposes specified in section #c7;b74 ,in implementing the management plan and in considering any recommendations from the advisory council1 the ,secretaries shall consult with the advisory council on a regular basis4 7#b7 ,purposes ,the management plan shall-- 7,a7 describe the appropriate uses and management of the ,national ,monument2 7,b7 identify short-term and long-term management actions and prioritize management actions based on projected availability of resources2 7,c7 include a weed management component 7including use of grazing where appropriate7 to guide noxious weed control efforts and activities2 7,d7 include a habitat restoration opportunities component2 7,e7 include a recreational opportunity enhancement component2 7,f7 include a native fish passage and habitat quality improvement component2 7,g7 include a component that deals with public safety and environmental clean-up issues associated with illegal marijuana production within the ,national ,monument2 and 7,h7 identify areas outside of designated wilderness where non-motorized recreation will be emphasized4 7#c7 ,public participation and special considerations ,in developing the management plan1 and to the extent consistent with this section1 the ,secretary-- 7,a7 shall solicit extensive public input2 7,b7 shall take into consideration any information developed in studies of the land within the ,national ,monument2 7,c7 shall assess available climate change information pertinent to the ,national ,monument and include standards and practices to ensure the preservation of wildlife corridors and facilitate species migration2 7,d7 shall identify opportunities to promote voluntary cooperative conservation projects with ,state1 local1 and private interests2 7,e7 shall take into consideration existing land uses 7including grazing7 on the ,federal lands within the ,national ,monument2 and 7,f7 may incorporate any provision from a resource management plan1 land and resource management plan1 or any other plan applicable to the ,national ,monument4 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 ,national ,monument4 7f7 ,fish and wildlife ,nothing in this ,act affects the jurisdiction of the ,state of ,california 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 ,national ,monument 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 ,national ,monument 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 motorized route designations reflected in 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 ,acquisition and incorporation of lands and interests 7#a7 ,authority ,the ,secretary may acquire non-,federal land within the exterior boundaries of the ,national ,monument only through exchange1 donation1 or purchase from a willing seller4 7#b7 ,management ,any land or interest in land that is located within the ,national ,monument that is acquired by the ,united ,states shall-- 7,a7 become part of the ,national ,monument2 and 7,b7 be managed in accordance with this ,act4 7i7 ,withdrawal ,subject to valid existing rights1 all ,federal land within the ,national ,monument 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 ,limited conveyance authority ,the ,secretary may authorize the conveyance of ,federal land within the ,national ,monument if-- 7#a7 the purpose for which the land is to be conveyed is consistent with the purposes specified in section #c7;b72 7#b7 the conveyance would benefit the ,national ,monument and is in the public interest1 as determined by the ,secretary2 and 7#c7 the conveyance is made in accordance with applicable law 7including regulations74 7k7 ,grazing 7#a7 ,existing locations ,livestock grazing within the ,national ,monument1 where established before the date of the enactment of this ,act1 shall be permitted to continue subject to all applicable laws and regulations4 7#b7 ,additional grazing ,livestock grazing within the ,national ,monument1 where not established before the date of the enactment of this ,act1 shall be-- 7,a7 permitted only to the extent that such grazing is consistent with the purposes specified in section #c7;b72 and 7,b7 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 specified in section #c7;b74 7l7 ,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 ,national ,monument consistent with the purposes specified in section #c7;b74 7m7 ,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 ,national ,monument where such use is consistent with the purposes specified in section #c7;b7 and other applicable laws and regulations4 #f4 ,berryessa ,snow ,mountain ,national ,monument ,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 ,monument ,advisory ,council4 7b7 ,duties ,the advisory council shall advise the ,secretaries with respect to the preparation and implementation of the management plan for the ,national ,monument4 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 #af 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 ,colusa ,county ,board of ,supervisors2 7#b7 one member shall be appointed after considering the recommendations of the ,glenn ,county ,board of ,supervisors2 7#c7 one member shall be appointed after considering the recommendations of the ,lake ,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 ,napa ,county ,board of ,supervisors2 7#f7 one member shall be appointed after considering the recommendations of the ,solano ,county ,board of ,supervisors2 7#g7 one member shall be appointed after considering the recommendations of the ,yolo ,county ,board of ,supervisors2 7#h7 one member shall be appointed after considering the recommendations of the head of the ,california ,resources ,agency2 7#i7 one member shall be appointed to represent ,native ,american ,tribes2 and 7#aj7 seven members shall reside in1 or within reasonable proximity to1 the counties specified in paragraphs 7#a7 through 7#g7 with backgrounds that reflect-- 7,a7 the purposes specified in section #c7;b72 and 7,b7 the interest of persons affected by the planning and management of the ,national ,monument1 including persons 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 three years1 except that1 of the members first appointed1 five of the members shall be appointed for a term of one year and five of the members shall be appointed for a term of two 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 eight 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 or 7#e7 relinquishes or reduces any water rights reserved or appropriated by the ,united ,states in the ,state of ,california on or before the date of enactment of this ,act4