[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4166 Reported in House (RH)]
Union Calendar No. 527
113th CONGRESS
2d Session
H. R. 4166
[Report No. 113-696]
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.
_______________________________________________________________________
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
December 22, 2014
Additional sponsors: Mr. Young of Alaska, Mr. Rogers of Michigan, Mr.
Fitzpatrick, Ms. Lofgren, Mr. Cleaver, Mr. Carson of Indiana, Mr.
Crowley, Mr. Capuano, Mr. Nolan, Mr. Doggett, Mr. Hoyer, Mr. Schock,
Mr. Himes, Mr. Scott of Virginia, Mr. Sherman, Mr. DeFazio, Ms. Lee of
California, Mr. Peters of California, Ms. McCollum, Mrs. Bachmann, Mr.
Pallone, Ms. Loretta Sanchez of California, Mrs. Negrete McLeod, Mr.
Huffman, Mr. Keating, Mr. Swalwell of California, Mr. Kennedy, Mr.
Lowenthal, Mr. Ruppersberger, Ms. Matsui, Ms. Tsongas, Mr. Peterson,
Mr. McNerney, Mr. George Miller of California, Ms. Esty, Ms. Esty, Mr.
Boustany, Mr. Bishop of New York, Mr. Michaud, Mr. Cicilline, Mr.
Israel, Mr. Van Hollen, Mr. Farr, Mr. Hastings of Florida, Mr.
Connolly, Mr. Yarmuth, Mr. Thompson of Pennsylvania, Mr. Blumenauer,
Mr. Perlmutter, Mr. Garamendi, Mr. Courtney, Mr. Gallego, Mr. Castro of
Texas, Mrs. Napolitano, Mr. Gene Green of Texas, Ms. Kuster, Ms. Eddie
Bernice Johnson of Texas, Mr. Clyburn, Mr. Carney, Mr. Barrow of
Georgia, Mr. Enyart, Mr. Neal, Mr. Cuellar, Mr. Cooper, Mr. Bishop of
Georgia, Ms. Frankel of Florida, Ms. Slaughter, Mr. Levin, Mr. Danny K.
Davis of Illinois, Mr. Rangel, Ms. Hahn, Mr. Pascrell, Mr. McDermott,
Mr. Lewis, Mr. Gerlach, Mr. Barber, Ms. DeGette, Mr. Tonko, Mr. Veasey,
Mr. Garcia, Mr. Higgins, Mr. Owens, Mr. Vela, Mr. Maffei, Mr. Waxman,
Mr. Schrader, Mr. Broun of Georgia, Mr. Jones, Mr. Gutieerrez, Mr.
Johnson of Georgia, Ms. Pingree of Maine, Mr. Sessions, Mr. Calvert,
Mr. Cummings, Mr. Nunes, Mr. Gowdy, Mr. Conyers, Mr. Caardenas, Mr.
Rahall, Ms. Schakowsky, Mr. O'Rourke, Mr. Costa, Ms. Speier, Mr. Peters
of Michigan, Mr. Deutch, Mr. Murphy of Florida, Ms. Eshoo, Ms. Chu, Mr.
Tiberi, Mr. Griffin of Arkansas, Mr. Latta, Ms. Fudge, Mrs. McCarthy of
New York, Mr. Cook, Mr. Moran, Mr. Kind, Mr. Shimkus, Mr. Buchanan, Mr.
Brady of Texas, Mr. Benishek, Mr. Gary G. Miller of California, Mr.
Denham, Mr. Schiff, Mrs. Capps, Mrs. Davis of California, Mr. Horsford,
Ms. Kelly of Illinois, Ms. Waters, Ms. Clark of Massachusetts, Mrs.
Beatty, Mr. LoBiondo, Mr. King of New York, Mrs. Brooks of Indiana, Mr.
Hunter, Ms. Hanabusa, Mr. Vargas, Mr. Kildee, Ms. Velaazquez, Mr.
Miller of Florida, Mr. Westmoreland, Mr. Takano, Mr. Engel, Mr. Heck of
Washington, Ms. Roybal-Allard, Mr. Barletta, Ms. Linda T. Saanchez of
California, Mr. Butterfield, Mr. Payne, Mr. Kilmer, Mr. Dingell, Mr.
Terry, Ms. Wasserman Schultz, Mr. Schneider, Mr. Becerra, Mr. Ruiz, Mr.
Honda, Mr. Holt, Ms. Bass, Ms. Kaptur, Mr. Rush, Mr. Larson of
Connecticut, Mr. David Scott of Georgia, Mr. Wolf, Ms. DelBene, Ms.
Brownley of California, Mrs. Bustos, Mr. Grijalva, Mr. Campbell, Mr.
Womack, Mr. Smith of Washington, Mr. Price of North Carolina, Ms.
Sinema, Mr. Delaney, Ms. Bonamici, Mr. Polis, Mr. Larsen of Washington,
Mr. Langevin, Ms. Gabbard, Mr. Bera of California, Mr. Visclosky, Mr.
Welch, Ms. Jackson Lee, Ms. Sewell of Alabama, Ms. DeLauro, Mr.
Thompson of Mississippi, Mr. Clay, Mr. Fattah, Mr. Ryan of Ohio, Mr.
Walz, Mr. Ellison, Mr. McGovern, Mr. Braley of Iowa, Ms. Michelle Lujan
Grisham of New Mexico, Mr. Loebsack, Ms. Shea-Porter, Mr. Brady of
Pennsylvania, Mr. Sires, Mr. Richmond, Mr. Doyle, Mr. Tierney, Ms.
Castor of Florida, Mrs. Lowey, Mr. Ben Ray Lujaan of New Mexico, Mr.
Pastor of Arizona, Ms. Titus, Ms. Meng, Ms. Moore, Mr. McIntyre, Mr.
Grayson, Mr. Serrano, Mr. Lynch, Mrs. Carolyn B. Maloney of New York,
Ms. Brown of Florida, Ms. Wilson of Florida, Ms. Clarke of New York,
Ms. Edwards, Mr. Pocan, Mr. Meeks, Mr. Poe of Texas, Mr. Cole, Mr.
Crenshaw, Mr. Dent, Mr. Bilirakis, Mr. Meehan, Mr. Hanna, Mr. Cohen,
and Mr. LaMalfa
December 22, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
6, 2014]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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. 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,
economic, recreational, 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 administrative jurisdiction over certain
Federal land for management as a unit of the Bureau of Land
Management.
SEC. 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.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) Establishment.--Subject to valid existing rights, there is
established the Lake Berryessa Recreational Area, the boundaries of
which are described in subsection (c). In administering the Recreation
Area, the Secretary shall not--
(1) diminish the levels of day-use occupancy, short-term
occupancy and annual occupancy as set forth in the recreational
use plan adopted by the Bureau of Reclamation on June 2, 2006,
for the Recreation Area;
(2) diminish motorized boating or alter the ``Water Surface
Zoning and Restrictions'' developed under Action 17 of the 1993
Recreation Area Management Plan Record of Decision and
continued in the recreational use plan adopted by the Bureau of
Reclamation on June 2, 2006, for the Recreation Area;
(3) close trails or limit recreational hiking and equine
access to trails on lands in the Recreation Area; and
(4) negatively impact hunting, fishing, shooting sports, or
trapping on the lands and waters within the boundaries of the
Recreation Area.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the Federal land described in subsection (c),
including any improvements thereon, is transferred from the Bureau of
Reclamation to the Bureau of Land Management for administration of the
Recreation Area.
(c) Description of Land.--The land referred to in subsection (a) is
the approximately 30,221 acres of land administered by the Bureau of
Reclamation that is underlying or adjacent to Lake Berryessa and
identified as ``Lake Berryessa Reclamation Lands Solono Project'' on
the map dated September 15, 2014.
SEC. 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 93-493.
(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, including those with any
organization for the management of--
(1) campgrounds located in the Recreation Area;
(2) marinas located in the Recreation Area;
(3) lodging facilities located in the Recreation Area;
(4) food and beverage services located in the Recreation
Area; and
(5) boating and boat rental facilities located in the
Recreation Area.
(e) Adoption of Recreational Use Plan.--To manage the Recreation
Area, the Secretary shall adopt and use the recreational use plan
adopted by the Bureau of Reclamation on June 2, 2006, for the
Recreational Area. The adoption of this plan shall not constitute a
major federal action for the purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). This action is not subject
to judicial review.
SEC. 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.
SEC. 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.
Union Calendar No. 527
113th CONGRESS
2d Session
H. R. 4166
[Report No. 113-696]
_______________________________________________________________________
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.
_______________________________________________________________________
December 22, 2014
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed