[Senate Report 111-211]
[From the U.S. Government Publishing Office]
Calendar No. 436
111th Congress Report
SENATE
2d Session 111-211
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LAKE TAHOE RESTORATION ACT OF 2010
_______
June 21, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2724]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2724) to provide for environmental
restoration activities and forest management activities in the
Lake Tahoe Basin, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
General Statement and Background
The Lake Tahoe Restoration Act of 2010 reauthorizes the
Lake Tahoe Restoration Act of 2000. S. 2724 authorizes $415
million over 8 years for forest fuels management, watershed
restoration, stormwater management, and other projects. The
bill would create a science program and authorize efforts to
prevent introduction of invasive species like quagga and zebra
mussels. The bill also funds the recovery of Lahontan cutthroat
trout.
Lake Tahoe, located in the Sierra Nevada Mountains, is the
second deepest lake in North America and the 10th deepest
(1,645 feet deep) lake in the world.\1\ Known for the
incredible clarity of its waters and its scenery, Lake Tahoe is
a major tourist and recreational attraction for California and
Nevada.\2\ However, the lake faces numerous environmental
pressures and challenges.
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\1\U.S. Geological Survey, ``Facts about Lake Tahoe'' http://
tahoe.usgs.gov/facts.html
\2\U.S. Forest Service, ``Welcome to Lake Tahoe Basin Mgmt Unit.''
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In the 1960s, leaders in California and Nevada approved a
bi-state compact that created a regional planning agency to
oversee development at Lake Tahoe. In 1969, the United States
Congress ratified the agreement and created the Tahoe Regional
Planning Agency (TRPA). The Compact, as revised in 1980, gave
TRPA authority to adopt environmental quality standards, called
thresholds, and to enforce ordinances designed to achieve the
thresholds. In 1997, TRPA created the Environmental Improvement
Plan (EIP), which involved 50 state, federal, and local
agencies and included capital improvement, research, and
maintenance projects to restore Lake clarity and the Basin's
environment.
A 1997 Presidential Executive Order created the Lake Tahoe
Federal Interagency Partnership to lead a 10-year cleanup
effort. As part of this partnership, Congress passed the Lake
Tahoe Restoration Act of 2000, which authorized $300 million
over ten years to restore the Lake. The funding supported land
acquisition, erosion control, forest management, fire
suppression, and improving local watersheds and water quality.
The 2000 Lake Tahoe Restoration Act has enabled over 270
environmental projects and restoration activities around the
Lake.
In 2003, Congress established an ongoing source of funding
for Tahoe restoration efforts. Proceeds from federal land sales
in the Las Vegas area are set aside to fund the annual federal
contribution to the restoration of the basin.
Introduced by Senator Reid on November 3, 2009, and co-
sponsored by Senators Feinstein, Ensign, and Boxer, the Lake
Tahoe Restoration Act of 2010 is a reauthorization of the
expiring legislation passed in 2000. S. 2724 authorizes $415
million over eight years to combat invasive species, improve
water clarity, reduce the threat of catastrophic wildfire, and
restore the environment.
Objectives of the Legislation
This bill will amend the Lake Tahoe Restoration Act of 2000
to authorize $415 million over eight years to combat invasive
species, improve water clarity, reduce the threat of
catastrophic wildfire, and restore the environment of the Lake
Tahoe Basin.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the ``Lake
Tahoe Restoration Act of 2010.''
Section 2. Findings and purposes
Section 2 amends the Lake Tahoe Restoration Act of 2000 by
updating its ``Findings and Purposes'' section to include
relevant findings and actions since 2000, including references
to the 2008 and 2009 Lake Tahoe Forums and updated estimates of
the level of support provided by the Federal Government, the
States of California and Nevada, units of local government and
the private sector to the Lake Tahoe Basin since 1997.
Section 3. Definitions
Section 3 amends the Lake Tahoe Restoration Act of 2000 by
revising and expanding the definitions sections to include
additional terms.
Section 4. Administration of the Lake Tahoe Basin Management Unit
Section 4 amends the Lake Tahoe Restoration Act of 2000 to
require the Secretary of Agriculture, acting through the Chief
of the U.S. Forest Service, to: (1) conduct forest management
activities in the Lake Tahoe Basin in a manner that helps
achieve and maintain the environmental threshold carrying
capacities established by the Tahoe Regional Planning Agency
(Agency) and attains multiple ecosystem benefits, unless the
attainment of such benefits would excessively increase the
project's cost in relation to the additional benefits gained;
(2) establish post-project ground condition criteria for ground
disturbance caused by forest management activities; and (3)
provide for monitoring to ascertain the attainment of such
conditions.
Section 4 requires the Lake Tahoe Basin Management Unit to:
(1) manage vehicular parking and traffic in the Unit; and (2)
support the attainment of the environmental threshold carrying
capacities.
Section 4 withdraws federal land located in the Unit from:
(1) all forms of entry, appropriation, or disposal under the
public land laws; (2) location, entry, and patent under the
mining laws; and (3) disposition under all laws relating to
mineral and geothermal leasing.
Section 4 allows the Secretary to enter into contracts or
cooperative agreements with States, units of local government,
and other public and private entities to provide for fuel
reduction, erosion control, reforestation, Stream Environment
Zone restoration, and similar management activities on Federal
land and non-Federal land within the Lake Tahoe basin projects
or programs.
Section 5. Consultation
Section 5 requires the Secretary of Agriculture, the
Administrator of the EPA, and the Director of the US Fish and
Wildlife Services to regularly consult with the heads of the
Washoe Tribe, applicable Federal, State, regional, and local
governmental agencies, and the Lake Tahoe Federal Advisory
Committee to ensure effective implementation of this Act.
Section 6. Authorized projects
Section 6 provides authorizations for the basin's highest
priority projects and programs, including:
$40 million for projects that capture and
treat sediment from the basin's urbanized areas;
$32 million to restore the basin's
watersheds and wildlife;
$136 million for projects to improve forest
health and reduce the risk of catastrophic wildfire;
$20.5 million for the basin's efforts to
control invasive species through inspection, treatment,
and prevention programs;
$20 million to restore the Lahontan
Cutthroat Trout and other special status species; and
$30 million to support the Lake Tahoe Basin
Program led by EPA.
All projects authorized under this section must include
funds for monitoring and assessment of the results and
effectiveness of the project using the integrated multiagency
performance measures established in the science program
developed under section 11.
Section 7. Environmental restoration priority list
Section 7 requires the Chair of the Lake Tahoe Federal
Interagency Partnership, in consultation with the Secretary,
the Director of the United States Fish and Wildlife Service,
the Administrator of the Environmental Protection Agency (EPA),
the Tahoe Regional Planning Agency, the States of California
and Nevada, the Federal Partnership, the Washoe Tribe, the Lake
Tahoe Federal Advisory Committee, and the Tahoe Science
Consortium, to submit to Congress a prioritized list of all
Environmental Improvement Program projects for the Basin. This
priority list is developed based on a list of criteria,
including the ability of the project to significantly
contribute to achievement of environmental threshold carrying
capacities.
This section reserves a minimum share of funding authorized
by the Act for implementation of projects included on the
priority list.
Section 7 establishes a program led by the Director of the
Fish and Wildlife Service in coordination with the Tahoe
Regional Planning Agency, the California Department of Fish and
Game, and the Nevada Department of Wildlife to deploy
strategies for preventing the introduction of aquatic invasive
species into the Lake Tahoe Basin, including inspection and
decontamination of vessels. The strategies developed apply to
all watercraft to be launched on water within the Basin. This
section also provides authority to assess fees to support
decontamination efforts and establishes civil penalties for
launching a vessel not in compliance with the strategies set
forth in this section.
Section 7 allows the Assistant Secretary of the Army (Civil
Works) who oversees the U.S. Army Corps of Engineers to enter
into interagency agreements with non-Federal interests in the
Lake Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous
General Investigations funds to provide programmatic technical
assistance for the Environmental Improvement Program.
Section 7 requires the Administrator to implement a Lake
Tahoe Program that includes: (1) developing and updating an
integrated multiagency programmatic assessment and monitoring
plan and evaluating the effectiveness of the Agency's
Environmental Improvement Program; and (2) providing support to
governments in reducing pollutants that contribute to the loss
of lake clarity.
Section 7 directs the Secretary, Administrator, and
Director of the Fish and Wildlife Service to coordinate with
the Tahoe Regional Planning Agency to conduct public education
and outreach programs.
Section 7 directs the Administrator, in consultation with
the Chair of the Lake Tahoe Federal Interagency Partnership,
the Secretary, the Director of the United States Fish and
Wildlife Service, the Tahoe Regional Planning Agency, and the
States of California and Nevada, to provide an annual report to
Congress on: the status of Federal, state, and local projects
authorized by the Act; Federal, state and local expenditures,
monitoring and assessment, and public outreach and education.
Section 7 directs the Federal agencies involved in
restoration of Lake Tahoe to prepare and submit an annual
cross-cut budget to Congress that outlines each Federal
agency's responsibilities and provides a detailed accounting of
funds used by Federal agencies in the preceding year to
implement the Environmental Improvement Program.
Section 7 provides for the establishment of a grant to
develop a Basin watershed strategy.
Section 8. Relationship to other laws
Section 8 amends Section 17 of the Lake Tahoe Restoration
Act (PL 106-506; 114 Stat. 2358) (as redesignated by section
7(2)) by inserting ``, Director, or Administrator'' after
``Secretary''.
Section 9. Authorization of appropriations
Section 9 amends Section 18 of the Lake Tahoe Restoration
Act (PL 106-506; 114 Stat. 2351) by authorizing $415,000,000 to
be appropriated over the next 8 years to implement the Act.
Section 10. Conforming amendments
Section 10 amends Section 3(b) of PL 96-586 (94 Stat. 3384)
to clarify the Secretary of Agriculture's authority to transfer
or acquire land or interest in land within the Lake Tahoe Basin
Management Unit with appropriate units of State government.
Legislative History
Introduced by Senator Reid (D-NV) on November 3, 2009, and
co-sponsored by Senators, Feinstein (D-CA), Ensign (R-NV), and
Boxer (D-CA), the Lake Tahoe Restoration Act of 2010 is a
reauthorization of the expiring Lake Tahoe Restoration Act of
2000. The bill was received, read twice, and referred to the
Senate Committee on Environment and Public Works. A companion
bill, H.R. 4001, was introduced in the House of Representatives
on November 3, 2009, by Representative Heller (R-NV-2) with
five Democratic and one Republican co-sponsors.
The Full Senate Committee on Environment and Public Works
and the Subcommittee on Water and Wildlife held a joint hearing
on February 24, 2010, entitled ``Joint Hearing on the
Legislative Approaches to Protecting, Preserving, and Restoring
Great Water Bodies,'' to consider a number of Great Water
Bodies bills, including S. 2724. Senators Reid, Feinstein, and
Ensign testified at this hearing on the progress made in
restoring and protecting the Lake Tahoe Basin under the 2000
Act and the pressing needs that still remain to be addressed by
S. 2724.
On April 21, 2010, the Full Committee met to discuss a
number of bills including S. 2724. During this meeting, the
Committee considered the bill and adopted an amendment in the
nature of a substitute that clarifies the role of the Federal
agencies involved in Lake Tahoe restoration and made technical
changes in the bill. S. 2724 was ordered to be reported
favorably with an amendment in the nature of a substitute by
voice vote.
Hearings
On February 24, 2010, the Full Senate Committee on
Environment and Public Works and the Subcommittee on Water and
Wildlife held a joint legislative hearing on Great Water Bodies
bills (i.e., Lake Tahoe, Puget Sound, Long Island Sound,
Columbia River Basin, and the Great Lakes), including S. 2724.
In addition to Senators Reid, Feinstein, and Ensign, the
Committee also heard testimony from the EPA Assistant
Administrator for Water, the USDA Under Secretary for Natural
Resources and Environment and the Executive Director of the
California Tahoe Conservancy--all of whom expressed support for
the bill.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2724 on April 21, 2010. The bill was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 2724
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 2724 would impose an
intergovernmental and private-sector mandate as defined in the
Unfunded Mandates Reform Act (UMRA) . . .'' However, ``the cost
of the mandate would fall significantly below the annual
thresholds established in UMRA for intergovernmental and
private-sector mandates ($70 million and $141 million in 2010,
respectively, adjusted annually for inflation).''
Congressional Budget Office Cost Estimate
June 16, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2724, the Lake Tahoe
Restoration Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2724--Lake Tahoe Restoration Act of 2010
Summary: S. 2724 would authorize appropriations to restore
the ecological health of the Lake Tahoe Basin in California and
Nevada. The authorized funds would be available to the Forest
Service, the U.S. Fish and Wildlife Service (USFWS), and other
federal agencies for projects that reduce the risk of fire,
provide assistance to state and local governments for water
management, and protect against invasive species.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S.2724 would cost $238 million over
the 2011-2015 period and $227 million after 2015. Enacting the
legislation also could increase offsetting receipts (from
inspection fees) and associated direct spending, as well as
revenues (from civil penalties); therefore, pay-as-you-go
procedures would apply. However, CBO estimates that the net
effects of new receipts, spending, and revenues would be
negligible in any year.
S. 2724 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA) on owners and operators of watercraft used in the Lake
Tahoe Basin. CBO estimates that the cost of the mandate would
fall significantly below the annual thresholds established in
UMRA for intergovernmental and private-sector mandates ($70
million and $141 million in 2010, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2724 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2011-2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Forest Service Programs:
Estimated Authorization Level....................... 17 17 17 17 17 85
Estimated Outlays................................... 5 12 17 17 17 68
Environmental Protection Agency Programs:
Estimated Authorization Level....................... 12 12 13 13 13 63
Estimated Outlays................................... 8 10 12 13 13 56
U.S. Fish and Wildlife Service Programs:
Estimated Authorization Level....................... 4 4 4 5 6 23
Estimated Outlays................................... 3 4 4 5 6 22
Tahoe Federal Interagency Partnership Projects:
Estimated Authorization Level....................... 17 17 17 17 17 85
Estimated Outlays................................... 5 12 17 17 17 68
U.S. Army Corps of Engineers Programs:
Estimated Authorization Level....................... 0 10 10 10 10 40
Estimated Outlays................................... 0 3 6 7 8 24
Total Changes:
Estimated Authorization Level................... 50 60 61 62 63 296
Estimated Outlays............................... 21 41 56 59 61 238
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Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2010 and that the necessary
amounts will be appropriated for each fiscal year. Estimated
outlays are based on historical spending patterns for ongoing
and similar activities.
Spending subject to appropriation
Section 9 of S. 2724 would authorize the appropriation of
$415 million over the 2011-2018 period for several federal
agencies to perform ecological restoration activities in the
Lake Tahoe Basin. Of the amounts authorized under section 9,
$136 million would be available to the Forest Service for
projects to reduce the risk of fire in the Lake Tahoe Basin. An
additional $102 million would be authorized for the
Environmental Protection Agency to make grants to state and
local governments for certain water management projects and to
establish an environmental research program. Finally, an
authorization of $41 million would support USFWS activities to
protect against invasive species and to restore native species
to the Lake Tahoe Basin. Remaining funds authorized by section
9 and not allocated for the above purposes would be available
to carry out restoration projects identified by the Tahoe
Federal Interagency Partnership (a collaborative group of five
federal agencies with management or jurisdictional authorities
in the Lake Tahoe region). Assuming appropriation of the
authorized amounts over the next several years, CBO estimates
that implementing those provisions would cost $214 million over
the 2011-2015 period and $201 million after 2015.
Section 10 would authorize the appropriation of an
additional $50 million for the U.S. Army Corps of Engineers to
assist nonfederal entities that construct water-related
infrastructure in the Lake Tahoe Basin. Under current law, the
agency is authorized to receive a total of $25 million in
appropriations for those purposes, of which about $16 million
has already been provided. Under the bill, we estimate that the
agency would be authorized to receive additional appropriations
of $10 million annually over the 2012-2016 period. CBO
estimates that implementing this provision would cost $24
million over the 2011-2015 period and $26 million after 2015.
Direct spending and revenues
S. 2724 would require the USFWS to ensure that watercraft
are decontaminated prior to launching in waters of the Lake
Tahoe Basin. The bill would authorize the agency to establish
inspection and decontamination stations within the basin and to
certify nonfederal entities to operate similar facilities. The
bill also would allow any entity performing those activities to
collect and spend fees to cover the cost of operating those
facilities. CBO estimates that the collection and expenditure
of such fees would have no significant net impact on direct
spending in any year.
The bill also would establish civil penalties for
individuals who launch watercraft in the Lake Tahoe Basin that
have not been inspected and decontaminated in accordance with
standards established by the USFWS. Any penalties collected
would be recorded as revenues in the budget and deposited into
the general fund of the Treasury. Based on information obtained
from the USFWS, CBO estimates that annual revenues from those
civil penalties would not be significant.
Pay-as-you-go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget reporting and enforcement
procedures for legislation affecting direct spending or
revenues. S. 2724 could increase offsetting receipts (from
inspection fees) and associated direct spending. The bill also
could increase revenues (from civil penalties); therefore, pay-
as-you-go procedures would apply. However, CBO estimates that
any increase in offsetting receipts would be offset by similar
increases in direct spending and any new revenues from
penalties would be minimal. The net budgetary changes that are
subject to pay-as-you-go procedures are shown in the following
table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2724, THE LAKE TAHOE RESTORATION ACT OF 2010, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON ENVIRONMENT
AND PUBLIC WORKS ON APRIL 21, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact. 0 0 0 0 0 0 0 0 0 0 0 0 0
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Intergovernmental and private-sector impact: S. 2724 would
impose an intergovernmental and private-sector mandate as
defined in UMRA. The bill would require owners and operators of
watercraft to submit their watercraft for inspection and
decontamination of invasive species prior to launch in waters
of the Lake Tahoe Basin. The bill also would require that
owners and operators of watercraft maintain documentation of
inspections while in the basin and pay any fees associated with
decontamination. Because the regional agency for the Lake Tahoe
Basin currently subjects watercraft to inspection requirements
and fees, CBO estimates that the cost to comply with the
mandate would be minimal and would fall significantly below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($70 million and $141 million in 2010,
respectively, adjusted annually for inflation).
Estimate prepared by: Federal Costs: Jeff LaFave and Aurora
Swanson; Impact on State, Local, and Tribal Governments: Ryan
Miller; Impact on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
LAKE TAHOE RESTORATION ACT
* * * * * * *
SEC. 2. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds that--
[(1) Lake Tahoe, one of the largest, deepest, and
clearest lakes in the world, has a cobalt blue color, a
unique alpine setting, and remarkable water clarity,
and is recognized nationally and worldwide as a natural
resource of special significance;
[(2) in addition to being a scenic and ecological
treasure, Lake Tahoe is one of the outstanding
recreational resources of the United States, offering
skiing, water sports, biking, camping, and hiking to
millions of visitors each year, and contributing
significantly to the economies of California, Nevada,
and the United States;
[(3) the economy in the Lake Tahoe basin is dependent
on the protection and restoration of the natural beauty
and recreation opportunities in the area;
[(4) Lake Tahoe is in the midst of an environmental
crisis; the Lake's water clarity has declined from a
visibility level of 105 feet in 1967 to only 70 feet in
1999, and scientific estimates indicate that if the
water quality at the Lake continues to degrade, Lake
Tahoe will lose its famous clarity in only 30 years;
[(5) sediment and algae-nourishing phosphorous and
nitrogen continue to flow into the Lake from a variety
of sources, including land erosion, fertilizers, air
pollution, urban runoff, highway drainage, streamside
erosion, land disturbance, and ground water flow;
[(6) methyl tertiary butyl ether--
[(A) has contaminated and closed more than
one-third of the wells in South Tahoe; and
[(B) is advancing on the Lake at a rate of
approximately 9 feet per day;
[(7) destruction of wetlands, wet meadows, and stream
zone habitat has compromised the Lake's ability to
cleanse itself of pollutants;
[(8) approximately 40 percent of the trees in the
Lake Tahoe basin are either dead or dying, and the
increased quantity of combustible forest fuels has
significantly increased the risk of catastrophic forest
fire in the Lake Tahoe basin;
[(9) as the largest land manager in the Lake Tahoe
basin, with 77 percent of the land, the Federal
Government has a unique responsibility for restoring
environmental health to Lake Tahoe;
[(10) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
[(A) congressional consent to the
establishment of the Tahoe Regional Planning
Agency in 1969 (Public Law 91-148; 83 Stat.
360) and in 1980 (Public Law 96-551; 94 Stat.
3233);
[(B) the establishment of the Lake Tahoe
Basin Management Unit in 1973; and
[(C) the enactment of Public Law 96-586 (94
Stat. 3381) in 1980 to provide for the
acquisition of environmentally sensitive land
and erosion control grants;
[(11) the President renewed the Federal Government's
commitment to Lake Tahoe in 1997 at the Lake Tahoe
Presidential Forum, when he committed to increased
Federal resources for environmental restoration at Lake
Tahoe and established the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
basin;
[(12) the States of California and Nevada have
contributed proportionally to the effort to protect and
restore Lake Tahoe, including--
[(A) expenditures--
[(i) exceeding 200,000,000 by the State
of California since 1980 for land
acquisition, erosion control, and other
environmental projects in the Lake
Tahoe basin; and
[(ii) exceeding 30,000,000 by the State
of Nevada since 1980 for the purposes
described in clause (i); and
[(B) the approval of a bond issue by voters
in the State of Nevada authorizing the
expenditure by the State of an additional
$20,000,000; and
[(13) significant additional investment from Federal,
State, local, and private sources is needed to stop the
damage to Lake Tahoe and its forests, and restore the
Lake Tahoe basin to ecological health.
[(b) Purposes.--The purposes of this Act are--
[(1) to enable the Forest Service to plan and
implement significant new environmental restoration
activities and forest management activities to address
the phenomena described in paragraphs (4) through (8)
of subsection (a) in the Lake Tahoe basin;
[(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to improve water quality and manage Federal land in the
Lake Tahoe Basin Management Unit; and
[(3) to provide funding to local governments for
erosion and sediment control projects on non-Federal
land if the projects benefit the Federal land.]
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Lake Tahoe--
(A) is 1 of the largest, deepest, and
clearest lakes in the world;
(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water
clarity; and
(C) is recognized nationally and worldwide as
a natural resource of special significance;
(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is 1 of the outstanding
recreational resources of the United States, which--
(A) offers skiing, water sports, biking,
camping, and hiking to millions of visitors
each year; and
(B) contributes significantly to the
economies of California, Nevada, and the United
States;
(3) the economy in the Lake Tahoe Basin is dependent
on the protection and restoration of the natural beauty
and recreation opportunities in the area;
(4) the Lake Tahoe Basin continues to be threatened
by the impacts of land use and transportation patterns
developed in the last century that damage the fragile
watershed of the Basin;
(5) the water clarity of Lake Tahoe declined from a
visibility level of 105 feet in 1967 to only 70 feet in
2008;
(6) the rate of decline in water clarity of Lake
Tahoe has decreased in recent years;
(7) a stable water clarity level for Lake Tahoe could
be achieved through feasible control measures for very
fine sediment particles and nutrients;
(8) fine sediments that cloud Lake Tahoe, and key
nutrients such as phosphorus and nitrogen that support
the growth of algae and invasive plants, continue to
flow into the lake from stormwater runoff from
developed areas, roads, turf, other disturbed land, and
streams;
(9) the destruction and alteration of wetland, wet
meadows, and stream zone habitat have compromised the
natural capacity of the watershed to filter sediment,
nutrients, and pollutants before reaching Lake Tahoe;
(10) approximately 25 percent of the trees in the
Lake Tahoe Basin are either dead or dying;
(11) forests in the Tahoe Basin suffer from over a
century of fire suppression and periodic drought, which
have resulted in--
(A) high tree density and mortality;
(B) the loss of biological diversity; and
(C) a large quantity of combustible forest
fuels, which significantly increases the threat
of catastrophic fire and insect infestation;
(12) the establishment of several aquatic and
terrestrial invasive species (including bass, milfoil,
and Asian clam) threatens the ecosystem of the Lake
Tahoe Basin;
(13) there is an ongoing threat to the Lake Tahoe
Basin of the introduction and establishment of other
invasive species (such as the zebra mussel, New Zealand
mud snail, and quagga mussel);
(14) the report prepared by the University of
California, Davis, entitled the `State of the Lake
Report', found that conditions in the Lake Tahoe Basin
had changed, including--
(A) the average surface water temperature of
Lake Tahoe has risen by more than 1.5 degrees
Fahrenheit in the past 37 years; and
(B) since 1910, the percent of precipitation
that has fallen as snow in the Lake Tahoe Basin
decreased from 52 percent to 34 percent;
(15) 75 percent of the land in the Lake Tahoe Basin
is owned by the Federal Government, which makes it a
Federal responsibility to restore environmental health
to the Basin;
(16) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
(A) congressional consent to the
establishment of the Tahoe Regional Planning
Agency with--
(i) the enactment in 1969 of Public Law
91-148 (83 Stat. 360); and
(ii) the enactment in 1980 of Public
Law 96-551 (94 Stat. 3233);
(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
(C) the enactment of Public Law 96-586 (94
Stat. 3381) in 1980 to provide for the
acquisition of environmentally sensitive land
and erosion control grants in the Lake Tahoe
Basin;
(D) the enactment of sections 341 and 342 of
the Department of the Interior and Related
Agencies Appropriations Act, 2004 (Public Law
108-108; 117 Stat. 1317), which amended the
Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346) to
provide payments for the environmental
restoration projects under this Act; and
(E) the enactment of section 382 of the Tax
Relief and Health Care Act of 2006 (Public Law
109-432; 120 Stat. 3045), which amended the
Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2346) to
authorize development and implementation of a
comprehensive 10-year hazardous fuels and fire
prevention plan for the Lake Tahoe Basin;
(17) the Assistant Secretary of the Army for Civil
Works was an original signatory in 1997 to the
Agreement of Federal Departments on Protection of the
Environment and Economic Health of the Lake Tahoe
Basin;
(18) the Chief of Engineers, under direction from the
Assistant Secretary of the Army for Civil Works, has
continued to be a significant contributor to Lake Tahoe
Basin restoration, including--
(A) stream and wetland restoration;
(B) urban stormwater conveyance and
treatment; and
(C) programmatic technical assistance;
(19) at the Lake Tahoe Presidential Forum in 1997,
the President renewed the commitment of the Federal
Government to Lake Tahoe by--
(A) committing to increased Federal resources
for environmental restoration at Lake Tahoe;
and
(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to
consult on natural resources issues concerning
the Lake Tahoe Basin;
(20) at the 2008 and 2009 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Ensign, and Governor
Gibbons--
(A) renewed their commitment to Lake Tahoe;
and
(B) expressed their desire to fund the
Federal share of the Environmental Improvement
Program through 2018;
(21) since 1997, the Federal Government, the States
of California and Nevada, units of local government,
and the private sector have contributed more than
$1,430,000,000 to the Lake Tahoe Basin, including--
(A) $424,000,000 from the Federal Government;
(B) $612,000,000 from the State of
California;
(C) $87,000,000 from the State of Nevada;
(D) $59,000,000 from units of local
government; and
(E) $249,000,000 from private interests;
(22) significant additional investment from Federal,
State, local, and private sources is necessary--
(A) to restore and sustain the environmental
health of the Lake Tahoe Basin;
(B) to adapt to the impacts of changing
climatic conditions; and
(C) to protect the Lake Tahoe Basin from the
introduction and establishment of invasive
species; and
(23) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least
$10,000,000 and up to $20,000,000 annually for the Fire
Risk Reduction and Forest Management Program.
(b) Purposes.--The purposes of this Act are--
(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife
Service, and the Administrator of the Environmental
Protection Agency, in cooperation with the Planning
Agency and the States of California and Nevada, to
fund, plan, and implement significant new environmental
restoration activities and forest management activities
to address in the Lake Tahoe Basin the issues described
in paragraphs (4) through (14) of subsection (a);
(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to manage land in the Lake Tahoe Basin and to
coordinate on other activities in a manner that
supports achievement and maintenance of--
(A) the environmental threshold carrying
capacities for the region; and
(B) other applicable environmental standards
and objectives;
(3) to support local governments in efforts related
to environmental restoration, stormwater pollution
control, fire risk reduction, and forest management
activities; and
(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
(A) to develop and implement a plan for
integrated monitoring, assessment, and applied
research to evaluate the effectiveness of the
Environmental Improvement Program; and
(B) to provide objective information as a
basis for ongoing decisionmaking, with an
emphasis on decisionmaking relating to public
and private land use and resource management in
the Basin.
[SEC. 3. DEFINITIONS.
[In this Act:
[(1) Environmental threshold carrying capacity.--The
term ``environmental threshold carrying capacity'' has
the meaning given the term in article II of the Tahoe
Regional Planning Compact set forth in the first
section of Public Law 96-551 (94 Stat. 3235).
[(2) Fire risk reduction activity.--
[(A) In general.--The term ``fire risk
reduction activity'' means an activity that is
necessary to reduce the risk of wildfire to
promote forest management and simultaneously
achieve and maintain the environmental
threshold carrying capacities established by
the Planning Agency in a manner consistent,
where applicable, with chapter 71 of the Tahoe
Regional Planning Agency Code of Ordinances.
[(B) Included activities.--The term ``fire
risk reduction activity'' includes--
[(i) prescribed burning;
[(ii) mechanical treatment;
[(iii) road obliteration or
reconstruction; and
[(iv) such other activities consistent
with Forest Service practices as the
Secretary determines to be appropriate.
[(3) Planning agency.--The term ``Planning Agency''
means the Tahoe Regional Planning Agency established
under Public Law 91-148 (83 Stat. 360) and Public Law
96-551 (94 Stat. 3233).
[(4) Priority list.--The term ``priority list'' means
the environmental restoration priority list developed
under section 6.
[(5) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.]
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term `Administrator' means
the Administrator of the Environmental Protection
Agency.
(2) Assistant secretary.--The term `Assistant
Secretary' means the Assistant Secretary of the Army
for Civil Works.
(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
(4) Compact.--The term `Compact' means the Tahoe
Regional Planning Compact included in the first section
of Public Law 96-551 (94 Stat. 3233).
(5) Director.--The term `Director' means the Director
of the United States Fish and Wildlife Service.
(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
(A) the Environmental Improvement Program
adopted by the Planning Agency; and
(B) any amendments to the Program.
(7) Environmental threshold carrying capacity.--The
term `environmental threshold carrying capacity' has
the meaning given the term in article II of the
compact.
(8) Federal partnership.--The term `Federal
Partnership' means the Lake Tahoe Federal Interagency
Partnership established by Executive Order 13957 (62
Fed. Reg. 41249) (or a successor Executive order).
(9) Forest management activity.--The term `forest
management activity' includes--
(A) prescribed burning for ecosystem health
and hazardous fuels reduction;
(B) mechanical and minimum tool treatment;
(C) road decommissioning or reconstruction;
(D) stream environment zone restoration and
other watershed and wildlife habitat
enhancements;
(E) nonnative invasive species management;
and
(F) other activities consistent with Forest
Service practices, as the Secretary determines
to be appropriate.
(10) National wildland fire code.--The term `national
wildland fire code' means--
(A) the most recent publication of the
National Fire Protection Association code
numbered 1141, 1142, or 1144;
(B) the most recent publication of the
International Wildland-Urban Interface Code of
the International Code Council; or
(C) any other code that the Secretary
determines provides the same, or better,
standards for protection against wildland fire
as a code described in subparagraph (A) or (B).
(11) Planning agency.--The term `Planning Agency'
means the Tahoe Regional Planning Agency established
under Public Law 91-148 (83 Stat. 360) and Public Law
96-551 (94 Stat. 3233).
(12) Priority list.--The term `Priority List' means
the environmental restoration priority list developed
under section 8.
(13) Secretary.--The term `Secretary' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(14) Total maximum daily load.--The term `total
maximum daily load' means the total maximum daily load
allocations adopted under section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1313(d)).
(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to
the presence of surface water or groundwater.
(16) Watercraft.--The term `watercraft' means all
motorized and non-motorized watercraft, including
boats, personal watercraft, kayaks, and canoes.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
(a) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act
grants regulatory authority to the Secretary over
private or other non- Federal land.
(2) Planning agency.--Nothing in this Act affects or
increases the authority of the Planning Agency.
(3) Acquisition under other law.---Nothing in this
Act affects the authority of the Secretary to acquire
land from willing sellers in the Lake Tahoe
[basin]Basin under any other law.
(b) Transit.--
(1) In general.--The Lake Tahoe Basin Management Unit
shall, consistent with the regional transportation plan
adopted by the Planning Agency, manage vehicular
parking and traffic in the Lake Tahoe Basin Management
Unit, with priority given--
(A) to improving public access to the Lake
Tahoe Basin, including the prioritization of
alternatives to the private automobile,
consistent with the requirements of the
Compact;
(B) to coordinating with the Nevada
Department of Transportation, Caltrans, State
parks, and other entities along Nevada Highway
28 and California Highway 89; and
(C) to providing support and assistance to
local public transit systems in the management
and operations of activities under this
subsection.
(2) National forest transit program.--Consistent with
the support and assistance provided under paragraph
(1)(C), the Secretary, in consultation with the
Secretary of Transportation, may enter into a contract,
cooperative agreement, interagency agreement, or other
agreement with the Department of Transportation to
secure operating and capital funds from the National
Forest Transit Program.
(c) Forest Management Activities.--
(1) Coordination.--
(A) In general.--In conducting forest
management activities in the Lake Tahoe Basin
Management Unit, the Secretary shall, as
appropriate, coordinate with the Administrator
and State and local agencies and organizations,
including local fire departments and volunteer
groups.
(B) Goals.--The coordination of activities
under subparagraph (A) should aim to increase
efficiencies and maximize the compatibility of
management practices across public property
boundaries.
(2) Multiple benefits.--
(A) In general.--In conducting forest
management activities in the Lake Tahoe Basin
Management Unit, the Secretary shall conduct
the activities in a manner that--
(i) except as provided in subparagraph
(B), attains multiple ecosystem
benefits, including--
(I) reducing forest fuels;
(II) maintaining or restoring
biological diversity;
(III) improving wetland and
water quality, including in
Stream Environment Zones; and
(IV) increasing resilience to
changing climatic conditions;
and
(ii) helps achieve and maintain the
environmental threshold carrying
capacities established by the Planning
Agency.
(B) Exception.--Notwithstanding clause
(A)(i), the attainment of multiple ecosystem
benefits shall not be required if the Secretary
determines that management for multiple
ecosystem benefits would excessively increase
the cost of a project in relation to the
additional ecosystem benefits gained from the
management activity.
(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land
and resource management plan direction, the Secretary
shall--
(A) establish post-project ground condition
criteria for ground disturbance caused by
forest management activities; and
(B) provide for monitoring to ascertain the
attainment of the post-project conditions.
(e) Withdrawal of Federal Land.--
(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake
Tahoe Basin Management Unit is withdrawn from--
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) disposition under all laws relating to
mineral and geothermal leasing.
(2) Determination.--
(A) In general.--The withdrawal under
paragraph (1) shall be in effect until the date
on which the Secretary, after conducting a
review of all Federal land in the Lake Tahoe
Basin Management Unit and receiving public
input, has made a determination on which
parcels of Federal land should remain
withdrawn.
(B) Requirements.--The determination of the
Secretary under subparagraph (A)--
(i) shall be effective beginning on the
date on which the determination is
issued;
(ii) may be altered by the Secretary as
the Secretary determines to be
necessary; and
(iii) shall not be subject to
administrative renewal.
(f) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities.
(g) Cooperative Authorities.--
(1) In general.--During the 4 fiscal years following
the date of enactment of the Lake Tahoe Restoration Act
of 2010, the Secretary, in conjunction with land
adjustment projects or programs, may enter into
contracts and cooperative agreements with States, units
of local government, and other public and private
entities to provide for fuel reduction, erosion
control, reforestation, Stream Environment Zone
restoration, and similar management activities on
Federal land and non-Federal land within the projects
or programs.
(2) Report on land status.--
(A) In general.--Not later than 2 years after
the date of enactment of the Lake Tahoe
Restoration Act of 2010, the Secretary shall
submit to Congress a report regarding the
management of land in the Lake Tahoe Basin
Management Unit Urban Lots Program, including--
(i) a description of future plans and
recent actions for land consolidation
and adjustment; and
(ii) the identification of any
obstacles to desired conveyances or
interchanges.
(B) Inclusions.--The report submitted under
subparagraph (A) may contain recommendations
for additional legislative authority.
(C) Effect.--Nothing in this paragraph delays
the conveyance of parcels under--
(i) the authority of this Act; or
(ii) any other authority available to
the Secretary.
(3) Supplemental authority.--The authority of this
subsection is supplemental to all other cooperative
authorities of the Secretary.
[SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.
[(a) In General.--With respect to the duties described in
subsection (b), the Secretary shall consult with and seek the
advice and recommendations of--
[(1) the Planning Agency;
[(2) the Tahoe Federal Interagency Partnership
established by Executive Order No. 13057 (62 Fed. Reg.
41249) or a successor Executive order;
[(3) the Lake Tahoe Basin Federal Advisory Committee
established by the Secretary on December 15, 1998 (64
Fed. Reg. 2876) (until the committee is terminated);
[(4) Federal representatives and all political
subdivisions of the Lake Tahoe Basin Management Unit;
and (5) the Lake Tahoe Transportation and Water Quality
Coalition.
[(b) Duties.--The Secretary shall consult with and seek
advice and recommendations from the entities described in
subsection (a) with respect to--
[(1) the administration of the Lake Tahoe Basin
Management Unit;
[(2) the development of the priority list;
[(3) the promotion of consistent policies and
strategies to address the Lake Tahoe basin's
environmental and recreational concerns;
[(4) the coordination of the various programs,
projects, and activities relating to the environment
and recreation in the Lake Tahoe basin to avoid
unnecessary duplication and inefficiencies of Federal,
State, local, tribal, and private efforts; and
[(5) the coordination of scientific resources and
data, for the purpose of obtaining the best available
science as a basis for decisionmaking on an ongoing
basis.]
SEC. 5. CONSULTATION.
In carrying out this Act, the Secretary, the Administrator,
and the Director shall, as appropriate and in a timely manner,
consult with the heads of the Washoe Tribe, applicable Federal,
State, regional, and local governmental agencies, and the Lake
Tahoe Federal Advisory Committee.
[SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
[(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a priority
list of potential or proposed environmental restoration
projects for the Lake Tahoe Basin Management Unit.
[(b) Development of Priority List.--In developing the
priority list,the Secretary shall--
[(1) use the best available science, including any
relevant findings and recommendations of the watershed
assessment conducted by the Forest Service in the Lake
Tahoe basin; and
[(2) include, in order of priority, potential or
proposed environmental restoration projects in the Lake
Tahoe basin that--
[(A) are included in or are consistent with
the environmental improvement program adopted
by the Planning Agency in February 1998 and
amendments to the program;
[(B) would help to achieve and maintain the
environmental threshold carrying capacities
for--
[(i) air quality;
[(ii) fisheries;
[(iii) noise;
[(iv) recreation;
[(v) scenic resources;
[(vi) soil conservation;
[(vii) forest health;
[(viii) water quality; and
[(ix) wildlife.
[(c) Focus in Determining Order of Priority.--In determining
the order of priority of potential and proposed environmental
restoration projects under subsection (b)(2), the focus shall
address projects (listed in no particular order) involving--
[(1) erosion and sediment control, including the
activities described in section 2(g) of Public Law 96-
586 (94 Stat. 3381)(as amended by section 7 of this
Act);
[(2) the acquisition of environmentally sensitive
land from willing sellers--
[(A) using funds appropriated from the land
and water conservation fund established under
section 2 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-5); or
[(B) under the authority of Public Law 96-586
(94 Stat. 3381);
[(3) fire risk reduction activities in urban areas
and urban-wildland interface areas, including high
recreational use areas and urban lots acquired from
willing sellers under the authority of Public Law 96-
586 (94 Stat. 3381);
[(4) cleaning up methyl tertiary butyl ether
contamination; and
[(5) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
[(A) improvement of public access to the Lake
Tahoe basin, including the promotion of
alternatives to the private automobile;
[(B) the Highway 28 and 89 corridors and
parking problems in the area; and
[(C) cooperation with local public
transportation systems, including--
[(i) the Coordinated Transit System;
and
[(ii) public transit systems on the
north shore of Lake Tahoe.
[(d) Monitoring.--The Secretary shall provide for continuous
scientific research on and monitoring of the implementation of
projects on the priority list, including the status of the
achievement and maintenance of environmental threshold carrying
capacities.
[(e) Consistency With Memorandum of Understanding.--A project
on the priority list shall be conducted in accordance with the
memorandum of understanding signed by the Forest Supervisor and
the Planning Agency on November 10, 1989, including any
amendments to the memorandum as long as the memorandum remains
in effect.
[(f) Review of Priority List.--Periodically, but not less
often than every 3 years, the Secretary shall--
[(1) review the priority list;
[(2) consult with--
[(A) the Tahoe Regional Planning Agency;
[(B) interested political subdivisions; and
[(C) the Lake Tahoe Water Quality and
Transportation Coalition;
[(3) make any necessary changes with respect to--
[(A) the findings of scientific research and
monitoring in the Lake Tahoe basin;
[(B) any change in an environmental threshold
as determined by the Planning Agency; and
[(C) any change in general environmental
conditions in the Lake Tahoe basin; and
[(4) submit to Congress a report on any changes made.
[(g) Cleanup of Hydrocarbon Contamination.--
[(1) In general.--The Secretary shall, subject to the
availability of appropriations, make a payment of
$1,000,000 to the Tahoe Regional Planning Agency and
the South Tahoe Public Utility District to develop and
publish a plan, not later than 1 year after the date of
the enactment of this Act, for the prevention and
cleanup of hydrocarbon contamination (including
contamination with MTBE) of the surface water and
ground water of the Lake Tahoe basin.
[(2) Consultation.--In developing the plan, the Tahoe
Regional Planning Agency and the South Tahoe Public
Utility District shall consult with the States of
California and Nevada and appropriate political
subdivisions.
[(3) Willing sellers.--The plan shall not include any
acquisition of land or an interest in land except an
acquisition from a willing seller.
[(h) Authorization of Appropriations.--There is authorized to
be appropriated, for the implementation of projects on the
priority list and the payment identified in subsection
(g),20,000,000 for the first fiscal year that begins after the
date of the enactment of this Act and for each of the 9 fiscal
years thereafter.]
SEC. 6. AUTHORIZED PROJECTS.
(a) In General.--The Secretary, the Director, and the
Administrator, in coordination with the Planning Agency and the
States of California and Nevada, may carry out or provide
financial assistance to any project or program described in
subsection (c) or included in the Priority List under section 8
to further the purposes of the Environmental Improvement
Program if the project has been subject to environmental review
and approval, respectively, as required under Federal law,
article 7 of the Compact, and State law, as applicable. The
Administrator shall use no more than three percent of the funds
provided for administering the projects or programs described
in subsection (c)(1) and (2).
(b) Monitoring and Assessment.--All projects authorized under
subsection (c) and section 8 shall--
(1) include funds for monitoring and assessment of
the results and effectiveness at the project and
program level consistent with the program developed
under section 11; and
(2) use the integrated multiagency performance
measures established under that section.
(c) Description of Activities.--
(1) Stormwater management, erosion control, and total
maximum daily load implementation.--Of the amounts made
available under section 18(a), $40,000,000 shall be
made available for grants by the Administrator for the
Federal share of the following projects:
(A) Bijou Stormwater Improvement Project in
the City of South Lake Tahoe, California.
(B) Christmas Valley Stormwater Improvement
Project in El Dorado County, California.
(C) Kings Beach Watershed Improvement Project
in Placer County, California.
(D) Lake Forest Stormwater and Watershed
Improvement Project in Placer County,
California.
(E) Crystal Bay Stormwater Improvement
Project in Washoe County, Nevada.
(F) Washoe County Stormwater Improvement
Projects 4, 5, and 6 in Washoe County, Nevada.
(G) Upper and Lower Kingsbury Project in
Douglas County, Nevada.
(H) Lake Village Drive-Phase II Stormwater
Improvement in Douglas County, Nevada.
(I) State Route 28 Spooner to Sand Harbor
Stormwater Improvement, Washoe County, Nevada.
(J) State Route 431 Stormwater Improvement,
Washoe County, Nevada.
(2) Stream environment zone and watershed
restoration.--Of the amounts made available under
section 18(a), $32,000,000 shall be made available for
grants by the Administrator for the Federal share of
the following projects:
(A) Upper Truckee River and Marsh Restoration
Project.
(B) Upper Truckee River Mosher, Reaches 1 &
2.
(C) Upper Truckee River Sunset Stables.
(D) Lower Blackwood Creek Restoration
Project.
(E) Ward Creek.
(F) Third Creek/Incline Creek Watershed
Restoration.
(G) Rosewood Creek Restoration Project.
(3) Fire risk reduction and forest management.--
(A) In general.--Of the amounts made
available under section 18(a), $136,000,000
shall be made available for assistance by the
Secretary for the following projects:
(i) Projects identified as part of the
Lake Tahoe Basin Multi-Jurisdictional
Fuel Reduction and Wildfire Prevention
Strategy 10-Year Plan.
(ii) Competitive grants for fuels work
to be awarded by the Secretary to
communities that have adopted national
wildland fire codes to implement the
applicable portion of the 10-year plan
described in clause (i).
(iii) Biomass projects, including
feasibility assessments and
transportation of materials.
(iv) Angora Fire Restoration projects
under the jurisdiction of the
Secretary.
(v) Washoe Tribe projects on tribal
lands within the Lake Tahoe Basin.
(B) Multiple benefit fuels projects.--
Consistent with the requirements of section
4(d)(2), not more than $10,000,000 of the
amounts made available to carry out
subparagraph (A) shall be available to the
Secretary for the planning and implementation
of multiple benefit fuels projects with an
emphasis on restoration projects in Stream
Environment Zones.
(C) Minimum allocation.--Of the amounts made
available to carry out subparagraph (A), at
least $80,000,000 shall be made available to
the Secretary for projects under subparagraph
(A)(i).
(D) Priority.--Units of local government that
have dedicated funding for inspections and
enforcement of defensible space regulations
shall be given priority for amounts provided
under this paragraph.
(E) Cost-sharing requirements.--As a
condition on the receipt of funds, communities
or local fire districts that receive funds
under this paragraph shall provide a 25 percent
match.
(4) Invasive species management.--Of the amounts to
be made available under section 18(a), $20,500,000
shall be made available to the Director for the Aquatic
Invasive Species Program and the watercraft inspections
described in section 9.
(5) Special status species management.--Of the
amounts to be made available under section 18(a),
$20,000,000 shall be made available to the Director for
the Lahontan Cutthroat Trout Recovery Program.
(6) Lake tahoe basin program.--Of the amounts to be
made available under section 18(a), $30,000,000 shall
be used to develop and implement the Lake Tahoe Basin
Program developed under section 11.
(d) Use of Remaining Funds.--Any amounts made available under
section 18(a) that remain available after projects described in
subsection (c) have been funded shall be made available for
projects included in the Priority List under section 8.
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
Section 2 of Public Law 96-586 (94 Stat. 3381) is amended
by striking subsection (g)
* * * * * * *
SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) Funding.--Subject to section 6(d), of the amounts to be
made available under section 18(a), at least $136,000,000 shall
be made available for projects identified on the Priority List.
(b) Deadline.--Not later than February 15 of the year after
the date of enactment of the Lake Tahoe Restoration Act of
2010, the Chair, in consultation with the Secretary, the
Administrator, the Director, the Planning Agency, the States of
California and Nevada, the Federal Partnership, the Washoe
Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe
Science Consortium shall submit to Congress a prioritized list
of all Environmental Improvement Program projects for the Lake
Tahoe Basin, regardless of program category.
(c) Criteria.--
(1) In general.--The priority of projects included in
the Priority List shall be based on the best available
science and the following criteria:
(A) The 5-year threshold carrying capacity
evaluation.
(B) The ability to measure progress or
success of the project.
(C) The potential to significantly contribute
to the achievement and maintenance of the
environmental threshold carrying capacities
identified in the Compact for--
(i) air quality;
(ii) fisheries;
(iii) noise;
(iv) recreation;
(v) scenic resources;
(vi) soil conservation;
(vii) forest health;
(viii) water quality; and
(ix) wildlife.
(D) The ability of a project to provide
multiple benefits.
(E) The ability of a project to leverage non-
Federal contributions.
(F) Stakeholder support for the project.
(G) The justification of Federal interest.
(H) Agency priority.
(I) Agency capacity.
(J) Cost-effectiveness.
(K) Federal funding history.
(2) Secondary factors.--In addition to the criteria
under paragraph (1), the Chair shall, as the Chair
determines to be appropriate, give preference to
projects in the Priority List that benefit existing
neighborhoods in the Basin that are at or below
regional median income levels, based on the most recent
census data available.
(3) Erosion control projects.--For purposes of the
Priority List and section 6(c)(1), erosion control
projects shall be considered part of the stormwater
management and total maximum daily load program of the
Environmental Improvement Program. The Administrator
shall coordinate with the Secretary on such projects.
(d) Revisions.--
(1) In general.--The Priority List submitted under
subsection (b) shall be revised--
(A) every 4 years; or
(B) on a finding of compelling need under
paragraph (2).
(2) Finding of compelling need.--
(A) In general.--If the Secretary, the
Administrator, or the Director makes a finding
of compelling need justifying a priority shift
and the finding is approved by the Secretary,
the Executive Director of the Planning Agency,
the California Natural Resources Secretary, and
the Director of the Nevada Department of
Conservation, the Priority List shall be
revised in accordance with this subsection.
(B) Inclusions.--A finding of compelling need
includes--
(i) major scientific findings;
(ii) results from the threshold
evaluation of the Planning Agency;
(iii) emerging environmental threats;
and
(iv) rare opportunities for land
acquisition.
SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.
(a) In General.--Not later than 60 days after the date of
enactment of the Lake Tahoe Restoration Act of 2010, the
Director, in coordination with the Planning Agency, the
California Department of Fish and Game, and the Nevada
Department of Wildlife, shall deploy strategies that meet or
exceed the criteria described in subsection (b) for preventing
the introduction of aquatic invasive species into the Lake
Tahoe Basin.
(b) Criteria.--The strategies referred to in subsection (a)
shall provide that--
(1) combined inspection and decontamination stations
be established and operated at not less than 2
locations in the Lake Tahoe Basin;
(2) watercraft not be allowed to launch in waters of
the Lake Tahoe Basin if the watercraft--
(A) has been in waters infested by quagga or
zebra mussels;
(B) shows evidence of invasive species that
the Director has determined would be
detrimental to the Lake Tahoe ecosystem; or
(C) cannot be reliably decontaminated in
accordance with paragraph (3);
(3) subject to paragraph (4), all watercraft surfaces
and appurtenance (such as anchors and fenders) that
contact with water shall be reliably decontaminated,
based on standards developed by the Director using the
best available science;
(4) watercraft bearing positive verification of
having last launched within the Lake Tahoe Basin may be
exempted from decontamination under paragraph (3); and
(5) while in the Lake Tahoe Basin, all watercraft
maintain documentation of compliance with the
strategies deployed under this section.
(c) Certification.--The Director may certify State agencies
to perform the decontamination activities described in
subsection (b)(3) at locations outside the Lake Tahoe Basin if
standards at the sites meet or exceed standards for similar
sites in the Lake Tahoe Basin established under this section.
(d) Applicability.--The strategies and criteria developed
under this section shall apply to all watercraft to be launched
on water within the Lake Tahoe Basin.
(e) Fees.--The Director may collect and spend fees for
decontamination only at a level sufficient to cover the costs
of operation of inspection and decontamination stations under
this section.
(f) Civil Penalties.--
(1) In general.--Any person that launches, attempts
to launch, or facilitates launching of watercraft not
in compliance with strategies deployed under this
section shall be liable for a civil penalty in an
amount not to exceed $1,000 per violation.
(2) Other authorities.--Any penalties assessed under
this subsection shall be separate from penalties
assessed under any other authority.
(g) Limitation.--The strategies and criteria under
subsections (a) and (b), respectively, may be modified if the
Secretary of the Interior, in a nondelegable capacity and in
consultation with the Planning Agency and State governments,
issues a determination that alternative measures will be no
less effective at preventing introduction of aquatic invasive
species into Lake Tahoe than the strategies and criteria.
(h) Funding.--Of the amounts made available under section
6(c)(4), not more than $500,000 shall be made available to the
Director, in coordination with the Planning Agency and State
governments--
(1) to evaluate the feasibility, cost, and potential
effectiveness of further efforts that could be
undertaken by the Federal Government, State and local
governments, or private entities to guard against
introduction of aquatic invasive species into Lake
Tahoe, including the potential establishment of
inspection and decontamination stations on major
transitways entering the Lake Tahoe Basin; and
(2) to evaluate and identify options for ensuring
that all waters connected to Lake Tahoe are protected
from quagga and zebra mussels and other aquatic
invasive species.
(i) Supplemental Authority.--The authority under this section
is supplemental to all actions taken by non-Federal regulatory
authorities.
(j) Savings Clause.--Nothing in this title shall be construed
as restricting, affecting, or amending any other law or the
authority of any department, instrumentality, or agency of the
United States, or any State or political subdivision thereof,
respecting the control of invasive species.
SEC. 10. ARMY CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.
(a) In General.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical
assistance for the Environmental Improvement Program.
(b) Local Cooperation Agreements.--
(1) In general.--Before providing technical
assistance under this section, the Assistant Secretary
shall enter into a local cooperation agreement with a
non-Federal interest to provide for the technical
assistance.
(2) Components.--The agreement entered into under
paragraph (1) shall--
(A) describe the nature of the technical
assistance;
(B) describe any legal and institutional
structures necessary to ensure the effective
long-term viability of the end products by the
non-Federal interest; and
(C) include cost-sharing provisions in
accordance with paragraph (3).
(3) Federal share.--
(A) In general.--The Federal share of project
costs under each local cooperation agreement
under this subsection shall be 65 percent.
(B) Form.--The Federal share may be in the
form of reimbursements of project costs.
(C) Credit.--The non-Federal interest may
receive credit toward the non-Federal share for
the reasonable costs of related technical
activities completed by the non-Federal
interest before entering into a local
cooperation agreement with the Assistant
Secretary under this subsection.
SEC. 11. LAKE TAHOE BASIN PROGRAM.
The Administrator, in cooperation with the Secretary, the
Planning Agency, the States of California and Nevada, and the
Tahoe Science Consortium, shall develop and implement the Lake
Tahoe Basin Program that--
(1) develops and regularly updates an integrated
multiagency programmatic assessment and monitoring
plan--
(A) to evaluate the effectiveness of the
Environmental Improvement Program;
(B) to evaluate the status and trends of
indicators related to environmental threshold
carrying capacities; and
(C) to assess the impacts and risks of
changing climatic conditions and invasive
species;
(2) develops a comprehensive set of performance
measures for Environmental Improvement Program
assessment;
(3) coordinates the development of the annual report
described in section 13;
(4) produces and synthesizes scientific information
necessary for--
(A) the identification and refinement of
environmental indicators for the Lake Tahoe
Basin; and
(B) the evaluation of standards and
benchmarks;
(5) conducts applied research, programmatic technical
assessments, scientific data management, analysis, and
reporting related to key management questions;
(6) develops new tools and information to support
objective assessments of land use and resource
conditions;
(7) provides scientific and technical support to the
Federal Government and State and local governments in--
(A) reducing stormwater runoff, air
deposition, and other pollutants that
contribute to the loss of lake clarity; and
(B) the development and implementation of an
integrated stormwater monitoring and assessment
program;
(8) establishes and maintains independent peer review
processes--
(A) to evaluate the Environmental Improvement
Program; and
(B) to assess the technical adequacy and
scientific consistency of central environmental
documents, such as the 5-year threshold review;
and
(9) provides scientific and technical support for the
development of appropriate management strategies to
accommodate changing climatic conditions in the Lake
Tahoe Basin.
SEC. 12. PUBLIC OUTREACH AND EDUCATION.
(a) In General.--The Secretary, Administrator, and Director
will coordinate with the Planning Agency to conduct public
education and outreach programs, including encouraging--
(1) owners of land and residences in the Lake Tahoe
Basin--
(A) to implement defensible space; and
(B) to conduct best management practices for
water quality; and
(2) owners of land and residences in the Lake Tahoe
Basin and visitors to the Lake Tahoe Basin, to help
prevent the introduction and proliferation of invasive
species as part of the private share investment in the
Environmental Improvement Program.
(b) Required Coordination.--Public outreach and education
programs for aquatic invasive species under this section
shall--
(1) be coordinated with Lake Tahoe Basin tourism and
business organizations; and
(2) include provisions for the programs to extend
outside of the Lake Tahoe Basin.
SEC. 13. REPORTING REQUIREMENTS.
Not later than February 15 of each year, the Administrator,
in cooperation with the Chair, the Secretary, the Director, the
Planning Agency, and the States of California and Nevada,
consistent with section 6(c)(6) and section 11, shall submit to
Congress a report that describes--
(1) the status of all Federal, State, local, and
private projects authorized under this Act, including
to the maximum extent practicable, for projects that
will receive Federal funds under this Act during the
current or subsequent fiscal year--
(A) the project scope;
(B) the budget for the project; and
(C) the justification for the project,
consistent with the criteria established in
section 8(c)(1);
(2) Federal, State, local, and private expenditures
in the preceding fiscal year to implement the
Environmental Improvement Program and projects
otherwise authorized under this Act;
(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the
performance measures and other monitoring and
assessment activities; and
(4) public education and outreach efforts undertaken
to implement programs and projects authorized under
this Act.
SEC. 14. ANNUAL BUDGET PLAN.
As part of the annual budget of the President, the President
shall submit information regarding each Federal agency involved
in the Environmental Improvement Program (including the Forest
Service, the Environmental Protection Agency, and the United
States Fish and Wildlife Service), including--
(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in
carrying out restoration activities relating to the
Environmental Improvement Program for the following
fiscal year;
(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of
the Environmental Improvement Program during the
preceding fiscal year; and
(3) a description of the Federal role in the
Environmental Improvement Program, including the
specific role of each agency involved in the
restoration of the Lake Tahoe Basin.
SEC. 15. GRANT FOR WATERSHED STRATEGY.
(a) In General.--Of the amounts to be made available under
section 18(a), the Administrator shall use not more than
$500,000 to provide a grant, on a competitive basis, to States,
federally recognized Indian tribes, interstate agencies, other
public or nonprofit agencies and institutions, or institutions
of higher education to develop a Lake Tahoe Basin watershed
strategy in coordination with the Planning Agency, the States
of California and Nevada, and the Secretary.
(b) Comment.--In developing the watershed strategy under
subsection (a), the grant recipients shall provide an
opportunity for public review and comment.
(c) Components.--The watershed strategy developed under
subsection (a) shall include--
(1) a classification system, inventory, and
assessment of stream environment zones;
(2) comprehensive watershed characterization and
restoration priorities consistent with--
(A) the Lake Tahoe total maximum daily load;
and
(B) the environmental threshold carrying
capacities of Lake Tahoe;
(3) a monitoring and assessment program consistent
with section 11; and
(4) an adaptive management system--
(A) to measure and evaluate progress; and
(B) to adjust the program.
(d) Deadline.--The watershed strategy developed under
subsection (a) shall be completed by the date that is 2 years
after the date on which funds are made available to carry out
this section.
[SEC. 8. FIRE RISK REDUCTION ACTIVITIES.
[(a) In General.--In conducting fire risk reduction
activities in the Lake Tahoe basin, the Secretary shall, as
appropriate, coordinate with State and local agencies and
organizations, including local fire departments and volunteer
groups.
[(b) Ground Disturbance.--The Secretary shall, to the maximum
extent practicable, minimize any ground disturbances caused by
fire risk reduction activities.]
[SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.
[(a) In General.--Funds authorized under this Act and the
amendment made by this Act--
[(1) shall be in addition to any other amounts
available to the Secretary for expenditure in the Lake
Tahoe basin; and
[(2) shall not reduce allocations for other Regions
of the Forest Service.
[(b) Matching Requirement.--Except as provided in subsection
(c), funds for activities under section 6 and section 7 of this
Act shall be available for obligation on a 1-to-1 basis with
funding of restoration activities in the Lake Tahoe basin by
the States of California and Nevada.
[(c) Relocation Costs.--The Secretary shall provide two-
thirds of necessary funding to local utility districts for the
costs of relocating facilities in connection with environmental
restoration projects under section 6 and erosion control
projects under section 2 of Public Law 96-586.]
SEC.[10]16. AMENDMENT OF PUBLIC LAW 96-586.
Section 3(a) of Public Law 96-586 (94 Stat. 3383) is
amended by adding at the end the following:
(5) Willing sellers.--Land within the Lake Tahoe Basin
Management Unit subject to acquisition under this section that
is owned by a private person shall be acquired only from a
willing seller.''.
SEC.[11]17. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act exempts the Secretary, director, or
Administrator from the duty to comply with any applicable
Federal law.
[SEC.[12]18. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $415,000,000 for a period of 8 fiscal years
beginning the first fiscal year after the date of enactment of
the Lake Tahoe Restoration Act of 2010.
(b) Effect on Other Funds.--Amounts authorized under this
section and any amendments made by this Act--
(1) shall be in addition to any other amounts made
available to the Secretary, Administrator, or Director
for expenditure in the Lake Tahoe Basin; and
(2) shall not reduce allocations for other Regions of
the Forest Service, Environmental Protection Agency, or
United States Fish and Wildlife Service.
(c) Cost-Sharing Requirement.--Except as provided in
subsection (d) and section 6(c)(3)(E), the States of California
and Nevada shall pay 50 percent of the aggregate costs of
restoration activities in the Lake Tahoe Basin funded under
section 6 or 8.
(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts \2/3\ the
costs of relocating facilities in connection with--
(1) environmental restoration projects under sections
6 and 8; and
(2) erosion control projects under section 2 of
Public Law 96-586 (94 Stat. 3381).
(e) Signage.--To the maximum extent practicable, a project
provided assistance under this Act shall include appropriate
signage at the project site that--
(1) provides information to the public on--
(A) the amount of Federal funds being
provided to the project; and
(B) this Act; and
(2) displays the visual identity mark of the
Environmental Improvement Program.
PUBLIC LAW 96-586
* * * * * * *
[(b) Lands](b) Administration of Acquired Land.--
(1) In general.--Land''; and
(2) Interchange.--
(A) In general.--Notwithstanding paragraph
(1), the Secretary of Agriculture (acting
through the Chief of the Forest Service)
(referred to in this paragraph as the
`Secretary') may interchange (as defined in the
first section of Public Law 97-465 (16 U.S.C.
521c)) any land or interest in land within the
Lake Tahoe Basin Management Unit described in
subparagraph (B) with appropriate units of
State government.
(B) Eligible land.--The land or interest in
land referred to in subparagraph (A) is land or
an interest in land that the Secretary
determines is not subject to efficient
administration by the Secretary because of the
location or size of the land.
(C) Requirements.--In any interchange under
this paragraph, the Secretary shall--
(i) insert in the applicable deed such
terms, covenants, conditions, and
reservations as the Secretary
determines to be necessary to ensure--
(I) protection of the public
interest, including protection
of the scenic, wildlife, and
recreational values of the
National Forest System; and
(II) the provision for
appropriate access to, and use
of, land within the National
Forest System;
(ii) receive land within the Lake Tahoe
Basin of approximately equal value (as
defined in accordance with section 6(2)
of Public Law 97-465 (96 Stat. 2535));
and
(iii) for the purposes of any
environmental assessment--
(I) assume the maintenance of
the environmental status quo;
and
(II) not be required to
individually assess each parcel
that is managed under the Lake
Tahoe Basin Management Unit
Urban Lots Program.
(D) Use of land acquired by units of state
government.--Any unit of State government that
receives National Forest System land through an
exchange or transfer under this paragraph shall
not convey the land to any person or entity
other than the Federal Government or a State
government.
* * * * * * *
PUBLIC LAW 108-447
* * * * * * *
SEC. 108. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.
(a) Definition. In this section, the term ``Lake Tahoe
Basin'' means the entire watershed drainage of Lake Tahoe
including that portion of the Truckee River 1,000 feet
downstream from the United States Bureau of Reclamation dam in
Tahoe City, California.
(b)* * *
* * * * * * *
(g) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section for the period
beginning with fiscal year 2005, [$25,000,000]$75,000,000, to
remain available until expended.
* * * * * * *