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Calendar No. 470
114th Congress } { Report
SENATE
2d Session } { 114-256
======================================================================
LAKE TAHOE RESTORATION ACT OF 2015
_______
May 18, 2016.--Ordered to be printed
_______
Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1724]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1724) to provide for environmental
restoration activities and forest management activities in the
Lake Tahoe Basin, and for other purposes, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
General Statement and Background
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. Known for the incredible
clarity of its waters and its scenery, Lake Tahoe is a major
tourist and recreational attraction for California and Nevada.
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 was revised in 1980 to give
TRPA authority to adopt environmental quality standards known
as thresholds and to enforce ordinances 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 clean-up
effort. As part of this partnership, Congress passed the Lake
Tahoe Restoration Act (P.L. 106-506; 114 Stat. 2358), which was
originally passed in 2000 and 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.
The Lake Tahoe Restoration Act of 2015 authorizes $415
million over 10 years to be spent in the Tahoe Basin for
wildfire prevention, invasive species management, storm water
protection, trout recovery, and overall management, among other
things.
Objectives of the Legislation
A bill to provide for environmental restoration activities
and forest management activities in the Lake Tahoe Basin, and
for other purposes.
Section-by-Section Analysis
Section 1. Short title
Section 1 notes that this Act may be cited as the ``Lake
Tahoe Restoration Act of 2015''.
Sec. 2. Findings and purposes
Section 2 amends the Lake Tahoe Restoration Act by updating
its ``Findings and Purposes'' section to include relevant
findings and actions since 2000, including references to the
2011 and 2012 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.
Sec. 3. Definitions
Section 3 amends the Lake Tahoe Restoration Act by revising
and expanding the definitions sections to include additional
terms.
Sec. 4. Improved administration of the Lake Tahoe Basin Management Unit
Section 4 amends Section 4 of the Lake Tahoe Restoration
Act (Public Law 106-506; 114 Stat. 2353) to add subsections (c)
through (f), which include additional requirements and
authorities for the management of the Lake Tahoe Basin.
Subsection (c) requires the Secretary to coordinate with
the Administrator of the Environmental Protection Agency
(Administrator) as well as State and local agencies and
organizations, including local fire departments and volunteer
groups.
This subsection also requires the Secretary 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.
Subsection (d) 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.
Subsection (e) requires the Lake Tahoe Basin Management
Unit to support the attainment of environmental threshold
carrying capacities.
Subsection (f) 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. This authority is supplemental to
all other cooperative authorities of the Secretary.
Sec. 5. Authorized programs
Section 5 replaces Section 5 (Public Law 106-506; 114 Stat.
2351) of the Lake Tahoe Restoration Act and provides
authorizations for the basin's highest priority projects and
programs, including:
$150 million for fire risk reduction and
forest management;
$45 million for invasive species management;
$113 million for stormwater management,
erosion projects; and
$20 million made available to the Director
of the United States Fish and Wildlife Service for the
Lahontan Cutthroat Trout Recovery Program.
This section also establishes civil penalties not to exceed
$1,000 per violation for launching a boat that is not
decontaminated to prevent the spread of invasive species.
Sec. 6. Program performance and accountability
Section 6 is amended by striking section 6 (Public Law 106-
506; 114 Stat. 2351) and inserting the following:
Subsection (a) authorizes $5 million from appropriated
funds for the Secretary to carry out this section.
Subsection (b) requires the Secretary of Agriculture, the
Administrator of the EPA, and the Director of the U.S. Fish and
Wildlife Service, and the Director of the United States
Geological Survey, 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.
Subsection (c) allows the U.S. Army Corps of Engineers to
enter into interagency agreements with non-Federal interests in
the Lake Tahoe Basin to provide programmatic technical
assistance for the Environmental Improvement Program.
Subsection (d) directs the Secretary, the Administrator,
the Director of the U.S. Fish and Wildlife Service, the
Director of the United States Geological Survey, the Tahoe
Regional Planning Agency, and the States of California and
Nevada, to develop and update an integrated multiagency
programmatic assessment and monitoring plan and evaluating the
effectiveness of the Agency's Environmental Improvement
Program; and use integrated multiagency performance measures
established under this section.
Subsection (e) directs the Secretary, in cooperation with
the Chair of the Lake Tahoe Federal Interagency Partnership,
the Administrator, the Director of the U.S. Fish and Wildlife
Service, the Director of the United States Geological Survey,
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.
Subsection (f) requires the President to submit a cross-cut
budget.
Sec. 7. Conforming amendments; updates to related laws
Section 7 is amended by striking (Public Law 106-506; 114
Stat. 2351) sections 8 and 9, and then, redesignating sections
10, 11 and 12 to sections 8, 9 and 10 respectively.
This section also updates the Tahoe Regional Planning
Compact that reflect recent changes to both California and
Nevada state law.
This section also amends section 5303(r) of title 49 U.S.C.
to update the definition of a bi-state metropolitan planning
organization.
Sec. 8. Authorization of appropriations
Section 8 amends Section 10 (as redesignated by section
7(a)(2)) of the Lake Tahoe Restoration Act by authorizing
$415,000,000 to be appropriated over the next 10 years to
implement the Act.
Sec. 9. Land transfers to improve management efficiencies of Federal
and State land
Section 9 amends section 3(b) of P.L. 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
In the 113th Congress, a similar version of this bill (S.
1451) passed the Committee by voice vote in June 2015. Senators
Heller, Reid, Boxer and Feinstein introduced S. 1724 on July 9,
2015, and the bill was referred to the Committee on Environment
and Public Works. On January 20, 2016, the Committee reported
the bill favorably with an amendment.
Hearings
In the 111th Congress, on February 24, 2010, the 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 a
previous version of S. 1724.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 1724 on January 20, 2016. The bill was ordered
favorably reported by voice vote. No rollcall votes were taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that any
regulatory impacts on owners and operators of watercraft
operating in waters of the Lake Tahoe Basin would be minimal
because the regional agency for the Lake Tahoe Basin already
subjects watercraft to inspection requirements.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 10-44), the Committee notes that the Congressional
Budget Office found that, while S. 1724 would impose an
intergovernmental and private-sector mandate as defined in the
Unfunded Mandates Reform Act (UMRA) on owners and operators of
watercraft launched in the waters of the Lake Tahoe Basin, CBO
estimates that the cost of the mandates would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($77 million and $154 million in 2016,
respectively, adjusted annually for inflation).
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
May 17, 2016.
Hon. Jim Inhofe,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1724, the Lake Tahoe
Restoration Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
S. 1724--Lake Tahoe Restoration Act of 2015
Summary: S. 1724 would authorize appropriations totaling
$415 million to restore the ecological health of the Lake Tahoe
Basin. Those funds would be available to the Forest Service,
the U.S. Fish and Wildlife Service (USFWS), and several other
agencies for projects to reduce the risk of fire, manage storm
water, restore various watersheds, and protect against invasive
species. The bill also would authorize the Forest Service to
convey certain federal lands to California and Nevada.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1724 would cost $193 million
over the 2017-2021 period and $222 million after 2021. Enacting
the legislation could increase offsetting receipts (from
inspection fees) and associated direct spending, as well as
revenues (from civil penalties); therefore, pay-as-you-go
procedures apply. However, CBO estimates that the net effects
of new offsetting receipts, direct spending, and revenues would
be negligible each year.
CBO also estimates that enacting S. 1724 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
S. 1724 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA) on owners and operators of watercraft launched in the
waters of the Lake Tahoe Basin. CBO estimates that the cost of
the mandates would fall below the annual thresholds established
in UMRA for intergovernmental and private-sector mandates ($77
million and $154 million in 2016, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 1724 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2017 2018 2019 2020 2021 2017-2021
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATIONa
Forest Service Programs:
Estimated Authorization Level....................... 24 24 24 24 24 119
Estimated Outlays................................... 17 23 24 24 24 110
Multi-agency Programs:
Estimated Authorization Level....................... 11 11 11 11 11 57
Estimated Outlays................................... 8 10 11 11 11 52
U.S. Fish and Wildlife Service Programs:
Estimated Authorization Level....................... 7 7 7 7 7 33
Estimated Outlays................................... 5 7 7 7 7 31
Total Increases:
Estimated Authorization Level................... 42 42 42 42 42 208
Estimated Outlays............................... 30 39 42 42 42 193
----------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding.
\a\Additional spending of $222 million would occur after 2021.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and the authorized amounts
will be appropriated over the 2017-2026 period. Outlays are
estimated based on historical spending patterns for ongoing and
similar activities.
Spending subject to appropriation
Section 8 would authorize the appropriation of $415 million
over the 10-year period beginning after the enactment of the
bill for several federal agencies to perform ecological
restoration activities in the Lake Tahoe Basin. Because the
bill does not specify a specific authorization amount by year
(only the total amount for the period), CBO assumes that the
$415 million would be appropriated evenly over the 10-year
period--amounting to about $42 million a year and $208 million
over the 2017-2021 period.
The amounts authorized under section 8 would be allocated
as follows:
For Forest Service programs, $237 million ($24
million a year) to reduce the risk of fire, conduct restoration
projects, fund environmental research in the Lake Tahoe Basin,
carry out certain land conveyances, and oversee and coordinate
certain multi-agency activities.
For multi-agency programs at the Forest Service,
the Environmental Protection Agency, and several other
agencies, $113 million ($11 million a year) to make grants to
state and local governments for certain water management
projects.
For the USFWS, $65 million ($7 million a year) to
protect against invasive species and restore Lohontan cutthroat
trout to the Lake Tahoe Basin.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing those provisions would cost $193
million over the 2017-2021 period and $222 million after 2021.
Direct spending and revenues
S. 1724 would require the USFWS to ensure that watercraft
are inspected prior to launching in the waters of the Lake
Tahoe Basin to prevent organisms from other bodies of water
from contaminating the 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 expects that the
USFWS would certify the Tahoe Regional Planning Agency to
conduct inspections and collect fees under the bill; we
estimate that the collection and expenditure of such fees would
have a negligible effect on net 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 U.S. Treasury. Based on information
obtained from the USFWS, CBO estimates that annual revenues
from those civil penalties would be negligible.
Finally, the bill would authorize the Secretary to convey
2,000 acres of federal lands to the state of California in
exchange for a similar amount of state-owned lands and 130
acres to the state of Nevada without consideration. Because
none of the affected lands are expected to generate receipts
over the next ten years under current law, CBO estimates that
conveying the affected lands would not affect direct spending.
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. 1724 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 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 negligible.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 1724 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
Intergovernmental and private-sector impact: S. 1724 would
impose an intergovernmental and private-sector mandate as
defined in UMRA on owners and operators of watercraft. The bill
would require those owners and operators to submit their
watercraft for inspection prior to launching in waters of the
Lake Tahoe Basin. Because the regional agency for the Lake
Tahoe Basin currently subjects watercraft to inspection
requirements, most owners and operators would already be in
compliance with the bill's requirements. Therefore, CBO
estimates that the cost to comply with the mandate would be
minimal and would fall below the annual thresholds established
in UMRA for intergovernmental and private-sector mandates ($77
million and $154 million in 2016, respectively, adjusted
annually for inflation).
The bill would benefit state, local and tribal governments
in California and Nevada by authorizing federal grants and
technical assistance for fire prevention, forest management
activities, and environmental improvement projects located in
the Lake Tahoe Basin. The bill also would authorize conveyances
of federal land to California and Nevada. Any costs incurred by
those entities, including matching contributions, would be
incurred voluntarily.
Previous CBO estimate: On December 8, 2015, CBO transmitted
a cost estimate for H.R. 3382, the Lake Tahoe Restoration Act
of 2015, as ordered reported by the House Committee on Natural
Resources on October 8, 2015. S. 1724 and H.R. 3382 would
provide funding for similar activities; however, the amounts
authorized to be appropriated would be different. In addition,
H.R. 3382 would authorize the Secretary of the Interior to sell
certain lands in California. S. 1724 would authorize the
Secretary to exchange those lands for nonfederal lands. CBO's
cost estimates reflect those differences.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, 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
initalic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
Lake Tahoe Restoration Act
* * * * * * *
SECTION 1. SHORT TITLE.
This Act may be cited as the ``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 one 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 one 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 conservation and restoration of the natural
beauty and recreation opportunities in the area;
(4) the ecological health of the Lake Tahoe Basin
continues to be challenged by the impacts of land use
and transportation patterns developed in the last
century;
(5) the alteration of wetland, wet meadows, and
stream zone habitat have compromised the capacity of
the watershed to filter sediment, nutrients, and
pollutants before reaching Lake Tahoe;
(6) forests in the Lake Tahoe Basin suffer from over
a century of fire damage 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;
(7) the establishment of several aquatic and
terrestrial invasive species (including perennial
pepperweed, milfoil, and Asian clam) threatens the
ecosystem of the Lake Tahoe Basin;
(8) there is an ongoing threat to the economy and
ecosystem of the Lake Tahoe Basin of the introduction
and establishment of other invasive species (such as
yellow starthistle, New Zealand mud snail, Zebra
mussel, and quagga mussel);
(9) 78 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it
a Federal responsibility to restore ecological health
to the Lake Tahoe Basin;
(10) the Federal Government has a long history of
environmental stewardship at Lake Tahoe, including--
(A) congressional consent to the
establishment of the 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 programs 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;
(11) the Assistant Secretary 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;
(12) the Chief of Engineers, under direction from the
Assistant Secretary, has continued to be a significant
contributor to Lake Tahoe Basin restoration,
including--
(A) stream and wetland restoration; and
(B) programmatic technical assistance;
(13) 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 ecological 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;
(14) at the 2011 and 2012 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Heller, Senator
Ensign, Governor Gibbons, Governor Sandoval, and
Governor Brown--
(A) renewed their commitment to Lake Tahoe;
and
(B) expressed their desire to fund the
Federal and State shares of the Environmental
Improvement Program through 2022;
(15) since 1997, the Federal Government, the States
of California and Nevada, units of local government,
and the private sector have contributed more than
$1,740,000,000 to the Lake Tahoe Basin, including--
(A) $576,300,000 from the Federal Government;
(B) $654,600,000 from the State of
California;
(C) $112,500,000 from the State of Nevada;
(D) $74,900,000 from units of local
government; and
(E) $323,700,000 from private interests;
(16) significant additional investment from Federal,
State, local, and private sources is necessary--
(A) to restore and sustain the ecological
health of the Lake Tahoe Basin;
(B) to adapt to the impacts of fluctuating
water temperature and precipitation; and
(C) to prevent the introduction and
establishment of invasive species in the Lake
Tahoe Basin; and
(17) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least
$10,000,000 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, 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 in the Lake Tahoe Basin;
(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to manage land in the Lake Tahoe Basin;
(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 resource
management in the Lake Tahoe 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) Directors.--The term `Directors' means--
(A) the Director of the United States Fish
and Wildlife Service; and
(B) the Director of the United States
Geological Survey.
(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 13057 (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) stream environment zone restoration and
other watershed and wildlife habitat
enhancements;
(D) nonnative invasive species management;
and
(E) other activities consistent with Forest
Service practices, as the Secretary determines
to be appropriate.
(10) Maps.--The term `Maps' means the maps--
(A) entitled--
(i) `LTRA USFS-CA Land Exchange/North
Shore';
(ii) `USFS-CA Land Exchange/West
Shore'; and
(iii) `USFS-CA Land Exchange/South
Shore'; and
(B) dated April 12, 2013, and on file and
available for public inspection in the
appropriate offices of--
(i) the Forest Service;
(ii) the California Tahoe
Conservancy; and
(iii) the California Department of
Parks and Recreation.
(11) National wildland fire code.--The term `national
wildland fire code' means--
(A) the most recent publication of the
National Fire Protection Association codes
numbered 1141, 1142, 1143, and 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).
(12) 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).
(13) Priority list.--The term `Priority List' means
the environmental restoration priority list developed
under section 5(b).
(14) Secretary.--The term `Secretary' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(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) 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)).
(17) Watercraft.--The term `watercraft' means
motorized and non-motorized watercraft, including
boats, seaplanes, personal watercraft, kayaks, and
canoes.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
(a) In General.--The Lake Tahoe Basin Management Unit shall
be administered by the Secretary in accordance with this Act
and the laws applicable to the National Forest System.
(b) 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.
(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 biological
diversity;
(III) improving wetland and
water quality, including in
Stream Environment Zones; and
(IV) increasing resilience to
changing water temperature and
precipitation; and
(ii) helps achieve and maintain the
environmental threshold carrying
capacities established by the Planning
Agency.
(B) Exception.--Notwithstanding subparagraph
(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 program 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-program ground condition
criteria for ground disturbance caused by
forest management activities; and
(B) provide for monitoring to ascertain the
attainment of the post-program conditions.
(d) 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) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out
under--
(A) this Act; or
(B) Public Law 96-586 (94 Stat. 3381)
(commonly known as the `Santini-Burton Act').
(e) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities.
(f) Cooperative Authorities.--During the 4 fiscal years
following the date of enactment of the Lake Tahoe Restoration
Act of 2015, the Secretary, in conjunction with land adjustment
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 programs.
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. AUTHORIZED PROGRAMS.
(a) In General.--The Secretary, the Assistant Secretary, the
Directors, 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 program that--
(1) is described in subsection (d);
(2) is included in the Priority List under subsection
(b); and
(3) furthers the purposes of the Environmental
Improvement Program if the program has been subject to
environmental review and approval, respectively, as
required under Federal law, Article VII of the Compact,
and State law, as applicable.
(b) Priority List.--
(1) Deadline.--Not later than March 15 of the year
after the date of enactment of the Lake Tahoe
Restoration Act of 2015, the Chair, in consultation
with the Secretary, the Administrator, the Directors,
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 (or a successor organization) shall
submit to Congress a prioritized Environmental
Improvement Program list for the Lake Tahoe Basin for
each program category described in subsection (d).
(2) Criteria.--The ranking of the Priority List shall
be based on the best available science and the
following criteria:
(A) The 4-year threshold carrying capacity
evaluation.
(B) The ability to measure progress or
success of the program.
(C) The potential to significantly contribute
to the achievement and maintenance of the
environmental threshold carrying capacities
identified in Article II of the Compact.
(D) The ability of a program to provide
multiple benefits.
(E) The ability of a program to leverage non-
Federal contributions.
(F) Stakeholder support for the program.
(G) The justification of Federal interest.
(H) Agency priority.
(I) Agency capacity.
(J) Cost-effectiveness.
(K) Federal funding history.
(3) Revisions.--The Priority List submitted under
paragraph (1) shall be revised every 2 years.
(4) Funding.--Of the amounts made available under
section 10(a), $80,000,000 shall be made available to
the Secretary to carry out projects listed on the
Priority List.
(c) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for
administering the programs described in paragraphs (1) and (2)
of subsection (d).
(d) Description of Activities.--
(1) Fire risk reduction and forest management.--
(A) In general.--Of the amounts made
available under section 10(a), $150,000,000
shall be made available to the Secretary to
carry out, including by making grants, the
following programs:
(i) Programs 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 programs, including
feasibility assessments.
(iv) Angora Fire Restoration under
the jurisdiction of the Secretary.
(v) Washoe Tribe programs on tribal
lands within the Lake Tahoe Basin.
(vi) Development of an updated Lake
Tahoe Basin multijurisdictional fuel
reduction and wildfire prevention
strategy, consistent with section 4(c).
(vii) Development of updated
community wildfire protection plans by
local fire districts.
(viii) Municipal water infrastructure
that significantly improves the
firefighting capability of local
government within the Lake Tahoe Basin.
(ix) Stewardship end result
contracting projects carried out under
section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6591c).
(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out
subparagraph (A), at least $100,000,000 shall
be used by the Secretary for programs under
subparagraph (A)(i).
(C) 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.
(D) Cost-sharing requirements.--
(i) In general.--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.
(ii) Form of non-federal share.--
(I) In general.--The non-
Federal share required under
clause (i) may be in the form
of cash contributions or in-
kind contributions, including
providing labor, equipment,
supplies, space, and other
operational needs.
(II) Credit for certain
dedicated funding.--There shall
be credited toward the non-
Federal share required under
clause (i) any dedicated
funding of the communities or
local fire districts for a
fuels reduction management
program, defensible space
inspections, or dooryard
chipping.
(III) Documentation.--
Communities and local fire
districts shall--
(aa) maintain a
record of in-kind
contributions that
describes--
(AA) the
monetary value
of the in-kind
contributions;
and
(BB) the
manner in which
the in-kind
contributions
assist in
accomplishing
program goals
and objectives;
and
(bb) document in all
requests for Federal
funding, and include in
the total program
budget, evidence of the
commitment to provide
the non-Federal share
through in-kind
contributions.
(2) Invasive species management.--
(A) In general.--Of the amounts made
available under section 10(a), $45,000,000
shall be made available to the Director of the
United States Fish and Wildlife Service for the
Aquatic Invasive Species Program and the
watercraft inspections described in
subparagraph (B).
(B) Description of activities.--The Director
of the United States Fish and Wildlife Service,
in coordination with the Assistant Secretary,
the Planning Agency, the California Department
of Fish and Wildlife, and the Nevada Department
of Wildlife, shall deploy strategies consistent
with the Lake Tahoe Aquatic Invasive Species
Management Plan to prevent the introduction or
spread of aquatic invasive species in the Lake
Tahoe region.
(C) Criteria.--The strategies referred to in
subparagraph (B) shall provide that--
(i) combined inspection and
decontamination stations be established
and operated at not less than 2
locations in the Lake Tahoe region; and
(ii) watercraft not be allowed to
launch in waters of the Lake Tahoe
region if the watercraft has not been
inspected in accordance with the Lake
Tahoe Aquatic Invasive Species
Management Plan.
(D) Certification.--The Planning Agency may
certify State and local agencies to perform the
decontamination activities described in
subparagraph (C)(i) 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
paragraph.
(E) Applicability.--The strategies and
criteria developed under this paragraph shall
apply to all watercraft to be launched on water
within the Lake Tahoe region.
(F) Fees.--The Director of the United States
Fish and Wildlife Service 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 paragraph.
(G) Civil penalties.--
(i) In general.--Any person that
launches, attempts to launch, or
facilitates launching of watercraft not
in compliance with strategies deployed
under this paragraph shall be liable
for a civil penalty in an amount not to
exceed $1,000 per violation.
(ii) Other authorities.--Any
penalties assessed under this
subparagraph shall be separate from
penalties assessed under any other
authority.
(H) Limitation.--The strategies and criteria
under subparagraphs (B) and (C), 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 developed under subparagraphs (B) and
(C), respectively.
(I) Supplemental authority.--The authority
under this paragraph is supplemental to all
actions taken by non-Federal regulatory
authorities.
(J) Savings clause.--Nothing in this title
restricts, affects, or amends 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.
(3) Stormwater management, erosion control, and total
watershed restoration.--Of the amounts made available
under section 10(a), $113,000,000 shall be made
available--
(A) to the Secretary, the Secretary of the
Interior, the Assistant Secretary, or the
Administrator for the Federal share of
stormwater management and related programs
consistent with the adopted Total Maximum Daily
Load and near-shore water quality goals;
(B) for grants by the Secretary and the
Administrator to carry out the programs
described in subparagraph (A);
(C) to the Secretary or the Assistant
Secretary for the Federal share of the Upper
Truckee River restoration programs and other
watershed restoration programs identified in
the Priority List established under section
5(b); and
(D) for grants by the Administrator to carry
out the programs described in subparagraph (C).
(4) Special status species management.--Of the
amounts made available under section 10(a), $20,000,000
shall be made available to the Director of the United
States Fish and Wildlife Service for the Lahontan
Cutthroat Trout Recovery Program.
[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. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
(a) Program Performance and Accountability.--
(1) In general.--Of the amounts made available under
section 10(a), not less than $5,000,000 shall be made
available to the Secretary to carry out this section.
(2) Planning agency.--Of the amounts described in
paragraph (1), not less than 50 percent shall be made
available to the Planning Agency to carry out the
program oversight and coordination activities
established under subsection (d).
(b) Consultation.--In carrying out this Act, the Secretary,
the Administrator, and the Directors 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.
(c) Corps of Engineers; Interagency Agreements.--
(1) 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.
(2) Local cooperation agreements.--
(A) 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.
(B) Components.--The agreement entered into
under subparagraph (A) shall--
(i) describe the nature of the
technical assistance;
(ii) describe any legal and
institutional structures necessary to
ensure the effective long-term
viability of the end products by the
non-Federal interest; and
(iii) include cost-sharing provisions
in accordance with subparagraph (C).
(C) Federal share.--
(i) In general.--The Federal share of
program costs under each local
cooperation agreement under this
paragraph shall be 65 percent.
(ii) Form.--The Federal share may be
in the form of reimbursements of
program costs.
(iii) 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
paragraph.
(d) Effectiveness Evaluation and Monitoring.--In carrying out
this Act, the Secretary, the Administrator, and the Directors,
in coordination with the Planning Agency and the States of
California and Nevada, shall--
(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to
evaluate the effectiveness of the Environmental
Improvement Program;
(2) include funds in each program funded under this
section for monitoring and assessment of results at the
program level; and
(3) use the integrated multiagency performance
measures established under this section.
(e) Reporting Requirements.--Not later than March 15 of each
year, the Secretary, in cooperation with the Chair, the
Administrator, the Directors, the Planning Agency, and the
States of California and Nevada, consistent with subsection
(a), shall submit to Congress a report that describes--
(1) the status of all Federal, State, local, and
private programs authorized under this Act, including
to the maximum extent practicable, for programs that
will receive Federal funds under this Act during the
current or subsequent fiscal year--
(A) the program scope;
(B) the budget for the program; and
(C) the justification for the program,
consistent with the criteria established in
section 5(b)(2);
(2) Federal, State, local, and private expenditures
in the preceding fiscal year to implement the
Environmental Improvement Program;
(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 authorized under this Act.
(f) 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, the United States Fish and Wildlife Service,
the United States Geological Survey, and the Corps of
Engineers), 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. 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] 8. 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] 9. 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] 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this Act $415,000,000 for a period
of 10 fiscal years beginning the first fiscal year after the
date of enactment of the Lake Tahoe Restoration Act of 2015.
(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, the Administrator, or the
Directors for expenditure in the Lake Tahoe Basin; and
(2) shall not reduce allocations for other Regions of
the Forest Service, the Environmental Protection
Agency, or the United States Fish and Wildlife Service.
(c) Cost-Sharing Requirement.--Except as provided in
subsection (d) and section 5(d)(1)(D), funds for activities
carried out under section 5 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.
(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts \2/3\ of the
costs of relocating facilities in connection with--
(1) environmental restoration programs under sections
5 and 6; and
(2) erosion control programs under section 2 of
Public Law 96-586 (94 Stat. 3381).
(e) Signage.--To the maximum extent practicable, a program
provided assistance under this Act shall include appropriate
signage at the program site that--
(1) provides information to the public on--
(A) the amount of Federal funds being
provided to the program; and
(B) this Act; and
(2) displays the visual identity mark of the
Environmental Improvement Program.
* * * * * * *
[PUBLIC LAW 96-551--DEC. 19, 1980, 94 Stat. 3240]
TAHOE REGIONAL PLANNING COMPACT
carrying capacities. Within 18 months after the effective
date of the amendments to this compact, the agency shall adopt
environmentalthreshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental
threshold carrying capacities for the region, the agency shall
amend the regional plan so that, at a minimum, the plan and all
of its elements, as implemented through agency ordinances,
rules and regulations,achieves and maintains the adopted
environmental threshold carrying capacities. Each element of
the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning
commission and governing body shall continuously review and
maintain the regional planand, in so doing, shall ensure that
the regional plan reflects changing economic conditions and the
economic effect of regulation on commerce. The regional plan
shall consist of a diagram, or diagrams, and text, or texts
setting forth the projects and proposals for implementation of
the regional plan, a description of the needs and goals of the
region and a statement of thepolicies, standards and elements
of the regional plan.
* * * * * * *
Chapter 53 of Title 49, United States Code
* * * * * * *
Sec. 5301. Policies, findings, and purposes
(a) Development and Revitalization of Public Transportation
Systems.--It is in the interest of the United States, including
its economic interest, to foster the development and
revitalization of public transportation systems that--
(1)* * *
* * * * * * *
Sec. 5303. Metropolitan transportation planning
(a) Policy.--It is in the national interest to--
(1)* * *
* * * * * * *
(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.-
(1) DEFINITION OF BI-STATE MPO REGION.-In this
subsection, the term `Bi-State Metropolitan Planning
Organization'has the meaning given the term `region' in
subsection (a) of Article II of the Lake Tahoe Regional
Planning Compact (Public Law 96-551; 94 Stat. 3234).
(2) TREATMENT.-For the purpose of this title, the Bi-
State Metropolitan Planning Organization shall be
treated as-
(A) a metropolitan planning organization;
(B) a transportation management area under
subsection(k); and
(C) an urbanized area, which is comprised of
a population of 145,000and 25 square miles of
land area in the State of California and a
population of 65,000and 12 square miles of land
area in the State of Nevada.
* * * * * * *
[PUBLIC LAW 96-586--94 Stat. 3384]
SANTINI-BURTON ACT
Section 1. (a) The Congress finds that--
(1) the Bureau of Land Management has extensive land
ownership in small parcels interspersed with or adjacent to
private lands in urban areas of Clark County, Nevada;
(2)* * *
* * * * * * *
Sec. 3. (a)(1) The Secretary of Agriculture is authorized to
acquire by donation, purchase with donated or appropriated
funds, or otherwise, lands and interests in lands which were
unimproved as of the date of enactment of this Act (except as
provided in subsection (c)), and which are environmentally
sensitive lands within the meaning of paragraph (2). The funds
used for acquisition of such lands and interests in lands shall
be the funds authorized to be appropriated pursuant to this
Act, and no such funds may be expended until the final map has
been filed in accordance with paragraph (2)(B). Such funds
shall be in addition to any other amounts available to the
Secretary of Agriculture for expenditure in the Lake Tahoe
Basin.
* * * * * * *
[(b) Lands]
(b) Administration of Acquired Land.--
(1) In general.--Land acquired under this section
shall be administered as a part of the United States
National Forest System; except that the Secretary of
Agriculture, acting through the Chief of the Forest
Service, may, in the case of lands which are unsuitable
for Forest Service administration, transfer such lands
or interests therein to an appropriate unit of State or
local government with appropriate deed restrictions to
protect the environmental quality and public
recreational use of the lands concerned.
(2) California conveyances.--
(A) In general.--If the State of California
(acting through the California Tahoe
Conservancy and the California Department of
Parks and Recreation) offers to donate to the
United States acceptable title to the non-
Federal land described in subparagraph (B)(i),
the Secretary--
(i) may accept the offer; and
(ii) not later than 180 days after
the date on which the Secretary
receives acceptable title to the non-
Federal land described in subparagraph
(B)(i), convey to the State of
California, subject to valid existing
rights and for no consideration, all
right, title, and interest of the
United States in and to the Federal
land that is acceptable to the State of
California.
(B) Description of land.--
(i) Non-federal land.--The non-
Federal land referred to in
subparagraph (A) includes--
(I) the approximately 1,981
acres of land administered by
the California Tahoe
Conservancy and identified on
the Maps as `Conservancy to the
United States Forest Service';
and
(II) the approximately 187
acres of land administered by
California State Parks and
identified on the Maps as
`State Parks to the U.S. Forest
Service'.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)
includes the approximately 1,995 acres
of Forest Service land identified on
the Maps as `U.S. Forest Service to
Conservancy and State Parks'.
(C) Conditions.--Any land conveyed under this
paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies;
(ii) not result in any significant
changes in the uses of the land; and
(iii) be subject to the condition
that the applicable deed include such
terms, restrictions, covenants,
conditions, and reservations as the
Secretary determines necessary--
(I) to ensure compliance with
this Act; and
(II) to ensure that the
transfer of development rights
associated with the conveyed
parcels shall not be recognized
or available for transfer under
chapter 51 of the Code of
Ordinances for the Tahoe
Regional Planning Agency.
(3) Nevada conveyances.--
(A) In general.--In accordance with this
section and on request by the Governor of
Nevada, the Secretary may transfer the land or
interests in land described in subparagraph (B)
to the State of Nevada without consideration,
subject to appropriate deed restrictions to
protect the environmental quality and public
recreational use of the land transferred.
(B) Description of land.--The land referred
to in subparagraph (A) includes--
(i) the approximately 38.68 acres of
Forest Service land identified on the
map entitled `State of Nevada
Conveyances' as `Van Sickle Unit USFS
Inholding'; and
(ii) the approximately 92.28 acres of
Forest Service land identified on the
map entitled `State of Nevada
Conveyances' as `Lake Tahoe Nevada
State Park USFS Inholding'.
(C) Conditions.--Any land conveyed under this
paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies;
(ii) not result in any significant
changes in the uses of the land; and
(iii) be subject to the condition
that the applicable deed include such
terms, restrictions, covenants,
conditions, and reservations as the
Secretary determines necessary--
(I) to ensure compliance with
this Act; and
(II) to ensure that the
development rights associated
with the conveyed parcels shall
not be recognized or available
for transfer under section 90.2
of the Code of Ordinances for
the Tahoe Regional Planning
Agency.
(4) Reversion.--If a parcel of land transferred under
paragraph (2) or (3) is used in a manner that is
inconsistent with the use described for the parcel of
land in paragraph (2) or (3), respectively, the parcel
of land, shall, at the discretion of the Secretary,
revert to the United States.
(5) Funding.--
(A) In general.--Of the amounts made
available under section 10(a) of the Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat.
2351), 2,000,000 shall be made available to the
Secretary to carry out the activities under
paragraphs (2) and (3).
(B) Other funds.--Of the amounts available to
the Secretary under paragraph (1), not less
than 50 percent shall be provided to the
California Tahoe Conservancy to facilitate the
conveyance of land described in paragraphs (2)
and (3).
* * * * * * *
[all]
