Conditions the transfer on California: (1) submitting and complying with a management plan that has been developed with the input of an advisory board and that provides that the primary purpose of the wildlife area is flood control; and (2) agreeing not to acquire for the wildlife area any right to water within the Sacramento River Watershed until after it has completed the appropriate environmental documentation and such acquisition is approved by the board of supervisors for each originating source county and destination county.
Permits the State Board of Reclamation to increase the flood conveyance capacity of the Yolo Bypass if it determines that such an increase is necessary to protect land, property, or people in the State that are within or outside of the boundaries of the wildlife area.
Requires the advisory board to: (1) develop, submit, and provide local oversight of the management plan; and (2) advise California regarding management of the wildlife area.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3554 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3554
To transfer to the State of California certain Federal land in Yolo and
Solano Counties, California, to provide for the establishment of a
wildlife area on that land, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2001
Mr. Ose introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To transfer to the State of California certain Federal land in Yolo and
Solano Counties, California, to provide for the establishment of a
wildlife area on that land, 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. TRANSFER OF LAND.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary of the Interior shall transfer to
the State of California all right, title, and interest of the United
States in and to the approximately 2,868 acres of land described in
subsection (b).
(b) Land Described.--The land referred to in subsection (a) is
described as follows:
(1) Prospect island.--The approximately 1,228 acres of land
known as Prospect Island and generally depicted on the map
entitled ____ and dated ____.
(2) Little holland tract.--The approximately 1,640 acres of
land west of Prospect Island known as the Little Holland Tract
and generally depicted on the map entitled ____ and dated ____.
SEC. 2. CONDITIONS OF TRANSFER.
The Secretary shall make the transfer under section 1 only under
the following conditions:
(1) Hold harmless.--Prior to or contemporaneous with the
transfer, the State enters into a written agreement with the
Secretary to hold the United States harmless from all claims
arising from or through the operation of the land and
improvements transferred.
(2) Management plan required.--Prior to the transfer, the
State shall submit to the Secretary a Management Plan. The
Secretary shall only approve the Management Plan if it--
(A) meets the criteria in section 4; and
(B) has been developed with the input of an
advisory board that meets the criteria in section 5.
(3) Administration of land.--
(A) Before approval of management plan.--Before the
approval of a Management Plan under paragraph (2), the
State shall administer the land transferred under
section 1 substantially in accordance with the
requirements for the Management Plan as set forth in
section 4.
(B) After approval of management plan.--After
approval of the Management Plan under paragraph (2),
the State shall administer the land transferred under
section 1 in accordance with the approved Management
Plan.
(C) Amendments and modifications to management
plan.--The State shall not act on any amendment to or
modification of the approved Management Plan unless the
amendment or modification has been approved by the
Secretary in the same manner that the Management Plan was approved.
(4) Conditions for acquisition of certain waters.--Prior to
or contemporaneous with the transfer, the State enters into a
written agreement with the Secretary stating that the State
agrees not to acquire for the Wildlife Area any right to water
within the Sacramento River Watershed until after--
(A) the State has completed the appropriate
environmental documentation for the acquisition; and
(B) such acquisition is approved by the board of
supervisors for each originating source county and
destination county prior to the acquisition.
SEC. 3. AUTHORITY OF STATE BOARD OF RECLAMATION.
Notwithstanding the provisions of the Management Plan, the State
Board of Reclamation may increase the flood conveyance capacity of the
Yolo Bypass if the State Board of Reclamation determines that such an
increase is necessary to protect land, property, or people located
within the State that are within or outside of the boundaries of the
Wildlife Area. The authority of the State Board of Reclamation under
this section shall not be subject to review by, nor may it be
superseded by, any action by the United States Army Corp of Engineers.
SEC. 4. MANAGEMENT PLAN.
The Management Plan shall--
(1) provide that the primary purpose of the Wildlife Area
is flood control;
(2) provide for perpetuation of the ecosystem of the
Wildlife Area;
(3) provide for the preservation, restoration, and
enhancement of natural ecosystems of all species of animals and
plants that are endangered species or threatened species (as
those terms are used in the Endangered Species Act of 1973 (16
U.S.C. 1331 et seq.)) and that occur within the Wildlife Area;
(4) provide for the preservation and restoration of all
species of animals and plants in the Wildlife Area that are
listed under the Endangered Species Act of 1973 (16 U.S.C. 1331
et seq.), including the conservation, enhancement, and
restoration of the habitat of those animals and plants;
(5) provide for perpetual conservation of the natural
diversity and abundance of fauna and flora on land and waters
in the Wildlife Area;
(6) contain provisions for exhibits and facilities and
regular educational programs throughout the Wildlife Area to
provide opportunities for the public to participate in high-
quality, wildlife-related educational and recreational
experiences in order to develop a greater understanding of and
appreciation for fish and wildlife ecology and the role of
humans in the environment;
(7) encourage the use of volunteers and facilitate
partnerships among the Federal Government, local communities,
conservation organizations, and other non-Federal entities to
promote public awareness of the resources of the Wildlife Area
and public participation in the conservation of those
resources;
(8) provide scientific research opportunities consistent
with the purposes and needs of the Wildlife Area;
(9) contain provisions for planning and design of trails
within the Wildlife Area and public access points to those
trails;
(10) contain provisions that allow for hunting and fishing
within the Wildlife Area; and
(11) contain provisions for planning of wildlife and
habitat restoration within the Wildlife Area.
SEC. 5. ADVISORY BOARD.
(a) General Requirements.--In order to meet the conditions under
section 2, the advisory board that develops the Management Plan shall
meet the requirements of this section.
(b) Total Number of Members.--The advisory board shall have 9
members as follows:
(1) One member appointed by each of the following:
(A) The mayor of the city of West Sacramento.
(B) The Yolo County Board of Supervisors.
(C) The Solano County Board of Supervisors.
(D) The Solano County Farm Bureau.
(E) The Yolo County Farm Bureau.
(F) The mayor of the city of Rio Vista.
(2) A representative of the California Waterfowl
Association appointed by the Association.
(3) A representative of the North Delta Water Agency
appointed by that Agency.
(4) One member appointed by the Delta Protection
Commission.
(c) Chairperson.--The chairperson of the advisory board shall be
elected by the members from the members appointed under subsection
(b)(1). The term of office of the chairperson shall be 2 years.
(d) Meetings.--The advisory board shall meet not less than monthly
until a management plan is submitted under section 2(2) and at the call
of a majority of its members thereafter.
(e) Quorum.--A quorum shall consist of 50 percent of the members
appointed under subsection (b)(1).
(f) Advisory Board Procedures.--
(1) Meetings open to public.--Each advisory board meeting
shall be open to the public.
(2) Input by interested persons.--Interested persons shall
be permitted to attend the meetings of, or file statements
with, the advisory board.
(3) Minutes.--Detailed minutes of each meeting of the
advisory board shall be kept and shall contain a record of the
persons present, a complete and accurate description of matters
discussed and conclusions reached, and copies of all reports
received, issued, or approved by the advisory board. The
accuracy of all minutes shall be certified to by the chairman
of the advisory board.
(g) Duties.--The duties of the advisory board shall be--
(1) to develop, submit, and provide local oversight of the
management plan in accordance with the Act; and
(2) to advise the State regarding management of the
Wildlife Area.
(h) Public Participation.--The advisory board shall give special
consideration to views by local public and private entities and
individuals in implementing the Management Plan.
(i) Staff.--The State shall provide staff for the advisory board,
under terms and conditions established by the State Secretary of
Resources.
(j) Administrative Support Services.--Upon the request of the
advisory board, the State shall provide to the advisory board, on a
reimbursable basis, the administrative support services necessary for
the advisory board to carry out its responsibilities under this
section.
(k) Reports.--The advisory board shall submit an annual report and
such interim reports as the advisory board considers appropriate to the
Secretary and the State Secretary of Resources.
(l) No Federal Funds.--The requirements of this section are a
condition of the transfer authorized by section 1 and no Federal funds
may be used to provide compensation to members of the advisory board or
to carry out any provision of this section.
SEC. 6. CONTINUED LAND USE.
Nothing in this Act shall be construed as prohibiting or
preventing, and it shall be a condition of the transfer of land under
this Act that the State shall not for purposes of the Wildlife Area
prohibit or prevent, the continuation of ordinary and customary farming
and ranching practices within the Wildlife Area and on land outside the
exterior boundaries of the Wildlife Area.
SEC. 7. WATER USE.
Nothing in this Act or the creation of the Wildlife Area shall be
construed as authorizing any increase, relinquishment, or reduction of
any water use or rights reserved or appropriated by the United States.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Management plan.--The term ``Management Plan'' means
the management plan for the land transferred to the State under
section 1.
(2) Wildlife area.--The term ``Wildlife Area'' means the
land transferred to the State under section 1.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Executive Comment Requested from Interior.
Referred to the House Committee on Resources.
Referred to the Subcommittee on Water and Power.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line