,,ii #aadth ,,congress #ast ,session ,s4 #cic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #e1 #bjae,mr4 ,reid 7for ,mrs4 ,boxer 7for herself and ,mrs4 ,feinstein77 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 ,monument in the ,state of ,california1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,berryessa ,snow ,mountain ,national ,monument ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory council ,the term advisory council means the ,berryessa ,snow ,mountain ,national ,monument ,advisory ,council established under section #f7;a74 7#b7 ,management plan ,the term management plan means either a new plan or an amendment to an existing plan developed for the ,national ,monument under section #e7;c74 7#c7 ,motor vehicle use map 7,a7 ,in general ,the term motor vehicle use map means each map prepared by the ,forest ,service with respect to authorized motor vehicle use within the ,mendocino ,national ,forest and entitled ,motor ,vehicle ,use ,map1 ,mendocino ,national ,forest4 7,b7 ,inclusion ,the term motor vehicle map includes periodic revisions of a map described in subparagraph 7,a74 7#d7 ,national monument ,the term ,national ,monument means the ,berryessa ,snow ,mountain ,national ,monument established by section #c7;a74 7#e7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of ,agriculture1 with respect to land under the jurisdiction of the ,secretary of ,agriculture2 and 7,b7 the ,secretary of the ,interior1 with respect to land 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 ,interior1 acting jointly4 7#g7 ,state ,the term ,state means the ,state of ,california4 #c4 ,establishment of ,berryessa ,snow ,mountain ,national ,monument1 ,california 7a7 ,establishment ,subject to valid existing rights1 there is established in the ,state the ,berryessa ,snow ,mountain ,national ,monument4 7b7 ,purpose ,the purpose of the ,national ,monument is to conserve1 protect1 and enhance for the benefit and enjoyment of present and future generations the ecological1 scenic1 wildlife1 recreational1 cultural1 historic1 natural1 educational1 and scientific resources of the land included in the ,national ,monument4 7c7 ,area included ,the ,national ,monument consists of ,federal land and interests in ,federal land within ,napa1 ,lake1 ,mendocino1 ,solano1 ,glenn1 ,colusa1 and ,yolo ,counties in the ,state1 as depicted on the map entitled ,berryessa ,snow ,mountain ,national ,monument4 7d7 ,legal descriptions2 corrections of errors 7#a7 ,in general ,as soon as practicable1 but not later than #b years after the date of enactment of this ,act1 the ,secretaries shall prepare a final map and legal descriptions of the ,national ,monument4 7#b7 ,submission ,as soon as practicable after the date on which the map and legal descriptions are prepared under paragraph 7#a71 the ,secretaries shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives the map and legal descriptions prepared under that paragraph4 7#c7 ,public availability ,the map and legal descriptions prepared under paragraph 7#a7 shall be available for public inspection at appropriate offices of the ,bureau of ,land ,management and the ,forest ,service4 7#d7 ,legal effect ,the map and legal descriptions prepared under paragraph 7#a7 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 map and legal descriptions4 #d4 ,access and buffer zones 7a7 ,non-,federal land and interests 7#a7 ,no requirement of public access ,nothing in this ,act requires the owner of non-,federal land to allow public access to private property4 7#b7 ,effect on other laws ,nothing in this ,act modifies any provision of ,federal1 ,state1 or local law with respect to the use of non-,federal land4 7b7 ,access ,the ,secretary shall continue to provide historical and adequate access to private inholdings in 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 the boundary of the ,national ,monument can be seen or heard within the ,national ,monument shall not preclude the activities or uses outside the boundary of the ,national ,monument4 #e4 ,management of ,federal land in ,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 seq471 with respect to land managed by the ,director of 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 7#cb ,stat4 #chh1 chapter #ajic72 7,e7 other laws 7including regulations7 applicable to the ,national ,forest ,system1 with respect to land managed by the ,chief of 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 a law described in paragraph 7#a71 the more restrictive provision shall control4 7b7 ,uses 7#a7 ,in general ,the ,secretary shall allow only such uses of the ,national ,monument as the ,secretary determines would further the purposes described in section #c7;b74 7#b7 ,tribal cultural uses ,nothing in this ,act enlarges or diminishes the rights of any ,indian tribe4 7#c7 ,recreational uses ,the ,secretary shall continue to authorize1 maintain1 and enhance the recreational uses 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 if the ,secretary determines that the recreational use is consistent with the purposes described in section #c7;b71 this section1 other applicable law 7including regulations71 and applicable management plans4 7c7 ,management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretaries shall develop a comprehensive plan for the protection and management of the ,federal land included within the ,national ,monument that fulfills the purposes described in section #c7;b74 7#b7 ,requirements ,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 for the ,national ,monument2 7,c7 prioritize management actions identified under subparagraph 7,b71 based on projected availability of resources2 7,d7 include a weed management component 7including use of grazing as appropriate7 to guide noxious weed control efforts and activities2 7,e7 include a habitat restoration opportunity component2 7,f7 include a recreational opportunity enhancement component2 7,g7 include a native fish passage and habitat quality improvement component2 7,h7 include a component that addresses public safety and environmental cleanup issues associated with illegal marijuana production within the ,national ,monument2 and 7,i7 identify areas outside of designated wilderness in which nonmotorized recreation would be emphasized4 7#c7 ,public participation and special considerations ,in developing the management plan1 to the extent consistent with this section1 the ,secretaries-- 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 ,monument2 7,d7 shall include standards and practices-- 7i7 to ensure the preservation of wildlife corridors2 and 7ii7 to facilitate species migration2 7,e7 shall identify opportunities to promote voluntary cooperative conservation projects with ,state1 local1 and private interests2 7,f7 shall take into consideration existing land uses 7including grazing7 on the ,federal land within the ,national ,monument2 and 7,g7 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 ,consultation with advisory council ,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#e7 ,cooperative agreements ,in carrying out this ,act1 the ,secretaries 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 7d7 ,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 ,state ,department of ,fish and ,wildlife1 may designate zones in the ,national ,monument in which1 and periods during which1 hunting shall not be allowed for reasons of public safety1 administration1 or public use and enjoyment4 7e7 ,motorized and mechanized vehicles 7#a7 ,in general ,except as needed for administrative purposes or to respond to an emergency1 the use of motorized and mechanized vehicles on land within the ,national ,monument shall be permitted only on roads and trails designated for such use4 7#b7 ,additional requirement ,in developing the management plan required under subsection 7c71 to the extent consistent with this section1 the ,secretary shall incorporate the motor vehicle use maps with respect to land under the jurisdiction of the ,chief of the ,forest ,service4 7#c7 ,required analyses ,in developing the management plan 7and making any subsequent amendment to the management plan7 under subsection 7c71 the ,secretary shall explicitly analyze and document-- 7,a7 each instance in which the requirements of this section or other applicable law 7including regulations7 necessitates alterations to the motorized route designations described in the motor vehicle use maps2 and 7,b7 the manner in which the motor vehicle use maps are consistent with this section4 7f7 ,acquisition and incorporation of land and interests 7#a7 ,authority ,the ,secretary may acquire non-,federal land within the 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 7g7 ,withdrawal 7#a7 ,in general ,subject to valid existing rights and except as provided in paragraph 7#b71 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-- 7i7 minerals2 and 7ii7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7#b7 ,limited conveyance ,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 7h7 ,grazing 7#a7 ,existing locations ,livestock grazing within the ,national ,monument1 where established before the date of enactment of this ,act1 shall be permitted to continue subject to applicable law 7including regulations74 7#b7 ,additional grazing ,livestock grazing within the ,national ,monument1 where not established before the date of enactment of this ,act1 shall be-- 7,a7 permitted only to the extent that the grazing is consistent with the purposes described in section #c7;b72 and 7,b7 subject to applicable law 7including regulations74 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 described in section #c7;b74 7i7 ,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 described in section #c7;b74 7j7 ,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 ,monument1 if the use is consistent with the purposes described in section #c7;b7 and other applicable law 7including regulations74 #f4 ,berryessa ,snow ,mountain ,national ,monument ,advisory ,council 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretaries shall establish an advisory council for the ,national ,monument1 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 plan4 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 be composed of #af members1 to be appointed by the ,secretaries1 of whom1 to the maximum extent practicable-- 7#a7 #a member shall be appointed after considering the recommendations of the ,lake ,county ,board of ,supervisors2 7#b7 #a member shall be appointed after considering the recommendations of the ,napa ,county ,board of ,supervisors2 7#c7 #a member shall be appointed after considering the recommendations of the ,yolo ,county ,board of ,supervisors2 7#d7 #a member shall be appointed after considering the recommendations of the ,mendocino ,county ,board of ,supervisors2 7#e7 #a member shall be appointed after considering the recommendations of the ,solano ,county ,board of ,supervisors2 7#f7 #a member shall be appointed after considering the recommendations of the ,glenn ,county ,board of ,supervisors2 7#g7 #a member shall be appointed after considering the recommendations of the ,colusa ,county ,board of ,supervisors2 7#h7 #a member shall be appointed after considering the recommendations of the head of the ,california ,resources ,agency2 7#i7 #a member shall be appointed to represent ,indian tribes2 and 7#aj7 #g members shall-- 7,a7 reside in1 or within reasonable proximity to1 ,yolo ,county1 ,napa ,county1 ,mendocino ,county1 ,solano ,county1 ,glenn ,county1 ,colusa ,county1 or ,lake ,county1 ,california2 and 7,b7 have backgrounds that reflect-- 7i7 the purposes described in section #c7;b72 and 7ii7 the interest of persons affected by the planning and management of the ,national ,monument1 including persons representing agricultural1 private landowners1 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-- 7#a7 the points of view represented by the members of the advisory council2 and 7#b7 the functions to be performed by the advisory council4 7f7 ,terms 7#a7 ,in general ,except as provided in paragraph 7#b71 a member of the advisory council shall be appointed for a term of #c years4 7#b7 ,initial members ,notwithstanding paragraph 7#a71 of the members first appointed to the advisory council-- 7,a7 #d members shall be appointed for a term of #a year2 and 7,b7 #d members shall be appointed for a term of #b years4 7#c7 ,reappointment ,a member may be reappointed to serve on the advisory council on the expiration of the term of the member4 7#d7 ,vacancy ,a vacancy on the advisory council shall be filled in the same manner as the original appointment of the member4 7g7 ,quorum 7#a7 ,in general ,a quorum of the advisory council shall be #h members4 7#b7 ,effect ,if quorum has otherwise been attained1 the operation of the advisory council shall not be impaired by the fact that a member has not yet been appointed4 7h7 ,chairperson and procedures ,the advisory council shall-- 7#a7 elect a chairperson of the advisory council2 and 7#b7 establish such rules and procedures for the advisory council as the advisory council determines to be necessary or desirable4 7i7 ,service without compensation ,members of the advisory council shall serve without pay4 7j7 ,termination ,the advisory committee shall terminate on the later of-- 7#a7 the date that is #e years after the date on which the management plan is officially adopted by the ,secretaries2 or 7#b7 the date that the ,secretaries determine to be 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 any managing partners of the ,bureau of ,reclamation to operate1 maintain1 or manage ,monticello ,dam1 ,lake ,berryessa1 and other ,solano ,project facilities in accordance with the purposes of the 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 commercial1 and recreational watercraft7 on ,lake ,berryessa4