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  Regular-General Government   # 31.       
Board of Supervisors County Administrator  
Meeting Date: 06/04/2013  
Brief Title:    NCA Legislation
From: Dirk Brazil, Assistant County Administrator
Staff Contact: Christopher Lee, County-Tribe Coordinator, County Administrator's Office, x8068
Supervisorial District Impact:

Subject
Approve support for HR.1025 and S.483 related to the creation of the Berryessa-Snow Mountain National Conservation Area and SCA 10 related to a three-day in print rule for state legislation. (No general fund impact) (Brazil/Lee)
Recommended Action
  1. Approve support position for HR.1025 (Thompson) and S.483 (Boxer)
     
  2. Approve support position for SCA 10 (Wolk)
Strategic Plan Goal(s)
Protect open space and the environment
Reason for Recommended Action/Background
A. Berryessa-Snow Mountain National Conservation Area Legislation

On February 12, the Board of Supervisors adopted a resolution supporting the creation of the Berryessa-Snow Mountain National Conservation Area (NCA) and directed staff to bring specific legislation regarding the NCA to the legislative subcommittee for a recommendation to the Board. Congressman Thompson and Senator Boxer have introduced HR.1025 and S.483, respectively. These bills are essentially identical and would create the Berryessa Snow Mountain National Conservation Area (NCA). The bills have been referred to committee, but have yet to go through a mark-up.

While the Legislative subcommittee does not have a recommended position on the bills, staff have reviewed the legislation and consider it to be consistent with the Board’s resolution. Specifically, HR.1025 and S.483:
  1. Create the National Conservation Area, permanently protecting existing Federal land and interests in Federal land in the Berryessa Snow Mountain area. The National Conservation Area designation will prevent new mining leases; geothermal leases; except under specified circumstances, new grazing leases; and require management to protect and enhance the area’s natural resources.
  2. State that the Secretary can only acquire non-Federal land within the boundaries of the NCA through exchange, donation, or purchase from a willing seller.
  3. State that nothing in the Act requires a non-federal property owner to allow public access to their land, nor does the Act create a protective buffer surrounding the NCA.
  4. Require the Secretaries of Agriculture and Interior to manage the lands in the NCA to conserve, protect, and enhance the values of the conservation area in accordance with the Act establishing the NCA, the Federal Land Policy and Management Act of 1976, the Wilderness Act, the Reclamation Act of 1902, and other laws and regulations applicable to National Forest System for those lands managed by the USFS.
  5. State the Secretary shall continue to authorize a long list of recreational uses, provided that such use is consistent with the purposes of the NCA and other applicable laws. 
  6. Require development of a comprehensive management plan, to be developed with public participation.
  7. Create a 12-member advisory council, including one member appointed after considering recommendations by the Yolo County Board of Supervisors (also one each for Napa, Solano, Lake, and Mendocino).
Staff recommends support for HR.1025 and S.483, as the bills are consistent with the Board’s February 12, 2013 resolution.

B. Senate Constitutional Amendment 10

SCA 10 by Senator Wolk would propose to the voters a constitutional amendment that would require all state legislation, except emergency legislation, to be in print and online for 72 hours prior to final passage by the Senate or Assembly. SCA 10 would also modify the 30-day in print rule to allow policy committees to review bills after they have been in print and online for at least 15 days.

The legislative subcommittee does not have a recommended position on SCA 10. Staff recommends support for SCA 10, as the amendment would allow a modicum of time for the County of Yolo and other stakeholders to review proposed legislation before it is adopted.

Examples of recent bills affecting Yolo County that were not able to be vetted for 72 hours include SBx7 2, the Safe, Clean, and Reliable Drinking Water Supply Act of 2010 (Cogdill, 2009), which included an onerous fifty-percent matching requirement for local agricultural economic development projects that would help mitigate the loss of productive agricultural lands for habitat and ecosystem restoration within the Delta; SBx7 1, the Sacramento-San Joaquin Delta Reform Act of 2009 (Simitian, 2009), and AB 109 (Committee on Budget, 2011) regarding criminal justice realignment.
Other Agency Involvement
Staff consulted with Congressman Mike Thompson's office to clarify specifc elements included in HR.1025.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. HR.1025
Att. B. S.483
Att. C. SCA 10

Form Review
Form Started By: clee Started On: 05/07/2013 10:19 AM
Final Approval Date: 05/29/2013

    

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