S. 683

Berryessa Snow Mountain National Monument Expansion Act

Latest

II

Calendar No. 138

118th CONGRESS

1st Session

S. 683

[Report No. 118–64]

IN THE SENATE OF THE UNITED STATES

March 7, 2023

Mr. Padilla (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

July 19, 2023

Reported by Mr. Manchin, without amendment

A BILL

To modify the boundary of the Berryessa Snow Mountain National Monument to include certain Federal land in Lake County, California, and for other purposes.

1.

Short title

This Act may be cited as the Berryessa Snow Mountain National Monument Expansion Act.

2.

Definitions

In this Act:

(1)

Board

The term Board means the Board on Geographic Names established by section 2 of the Act of July 25, 1947 (61 Stat. 456, chapter 330; 43 U.S.C. 364a).

(2)

Map

The term Map means the map entitled Proposed Walker Ridge (Molok Luyuk) Addition Berryessa Snow Mountain National Monument and dated October 26, 2021.

(3)

Molok Luyuk

The term Molok Luyuk means Condor Ridge (in the Patwin language).

(4)

National monument

The term National Monument means the Berryessa Snow Mountain National Monument established by Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975), including all land, interests in the land, and objects on the land identified in that Presidential Proclamation.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

Walker Ridge (Molok Luyuk) Addition

The term Walker Ridge (Molok Luyuk) Addition means the approximately 3,925 acres of Federal land (including any interests in, or objects on, the land) administered by the Bureau of Land Management in Lake County, California, and identified as Proposed Walker Ridge (Molok Luyuk) Addition on the Map.

3.

National monument expansion

(a)

Boundary modification

The boundary of the National Monument is modified to include the Walker Ridge (Molok Luyuk) Addition.

(b)

Map

(1)

Corrections

The Secretary may make clerical and typographical corrections to the Map.

(2)

Public availability; effect

The Map and any corrections to the Map under paragraph (1) shall—

(A)

be publicly available on the website of the Bureau of Land Management; and

(B)

have the same force and effect as if included in this Act.

(c)

Administration

Subject to valid existing rights, the Secretary shall administer the Walker Ridge (Molok Luyuk) Addition—

(1)

as part of the National Monument;

(2)

in accordance with Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975); and

(3)

in accordance with applicable laws (including regulations).

4.

Management plan

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall jointly develop a comprehensive management plan for the National Monument in accordance with, and in a manner that fulfills the purposes described in, Presidential Proclamation 9298, dated July 10, 2015 (80 Fed. Reg. 41975).

(b)

Tribal Consultation

The Secretary and the Secretary of Agriculture shall consult with affected federally recognized Indian Tribes in—

(1)

the development of the management plan under subsection (a); and

(2)

making management decisions relating to the National Monument.

(c)

Continued engagement with Indian Tribes

The management plan developed under subsection (a) shall set forth parameters for continued meaningful engagement with affected federally recognized Indian Tribes in the implementation of the management plan.

(d)

Effect

Nothing in this Act affects the conduct of fire mitigation or suppression activities at the National Monument, including through the use of existing agreements.

5.

Agreements and partnerships

To the maximum extent practicable and in accordance with applicable laws, on request of an affected federally recognized Indian Tribe, the Secretary (acting through the Director of the Bureau of Land Management) and the Secretary of Agriculture (acting through the Chief of the Forest Service) shall enter into agreements, contracts, and other cooperative and collaborative partnerships with the federally recognized Indian Tribe regarding management of the National Monument under relevant Federal authority, including—

(1)

the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.);

(2)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(3)

the Tribal Self-Governance Act of 1994 (25 U.S.C. 5361 et seq.);

(4)

the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.);

(5)

the good neighbor authority under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a);

(6)

Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian Tribal governments);

(7)

Secretarial Order 3342, issued by the Secretary on October 21, 2016 (relating to identifying opportunities for cooperative and collaborative partnerships with federally recognized Indian Tribes in the management of Federal lands and resources); and

(8)

Joint Secretarial Order 3403, issued by the Secretary and the Secretary of Agriculture on November 15, 2021 (relating to fulfilling the trust responsibility to Indian Tribes in the stewardship of Federal lands and waters).

6.

Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa Counties, California

(a)

In general

The parcel of Federal land administered by the Bureau of Land Management located in Lake and Colusa Counties in the State of California and commonly referred to as Walker Ridge shall be known and designated as Condor Ridge (Molok Luyuk).

(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of Federal land described in subsection (a) shall be deemed to be a reference to Condor Ridge (Molok Luyuk).

(c)

Map and legal description

(1)

Preparation

(A)

Initial map

The Board shall prepare a map and legal description of the parcel of Federal land designated by subsection (a).

(B)

Corrections

The Board and the Director of the Bureau of Land Management may make clerical and typographical corrections to the map and legal description prepared under subparagraph (A).

(2)

Consultation

In preparing the map and legal description under paragraph (1)(A), the Board shall consult with—

(A)

the Director of the Bureau of Land Management; and

(B)

affected federally recognized Indian Tribes.

(3)

Public availability; effect

The map and legal description prepared under paragraph (1)(A) and any correction to the map or legal description made under paragraph (1)(B) shall—

(A)

be publicly available on the website of the Board, the Bureau of Land Management, or both;

(B)

be subject to a public notice and comment period of not less than 30 days; and

(C)

have the same force and effect as if included in this Act.

July 19, 2023

Reported without amendment