[Senate Report 113-191]
[From the U.S. Government Publishing Office]
Calendar No. 422
113th Congress } { Report
SENATE
2d Session } { 113-191
======================================================================
LAKE TAHOE RESTORATION ACT OF 2013
_______
June 5, 2014.--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. 1451]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 1451) to provide for environmental
restoration activities and forest management activities in the
Lake Tahoe Basin to amend title 18, United States Code, to
prohibit the importation or shipment of guagga mussels and for
other purposes, having considered the same, reports favorably
thereon without amendment and recommends that the bill do pass.
General Statement and Background
The Lake Tahoe Restoration Act of 2013 reauthorizes the
Lake Tahoe Restoration Act. S. 1451 authorizes $415 million
over 10 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 efforts for 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\
---------------------------------------------------------------------------
\1\U.S. Geological Survey, Facts about Lake Tahoe, Accessed at:
http://tahoe.usgs.gov/facts.html.
\2\U.S. Forest Service, Welcome to Lake Tahoe Basin Mgmt Unit,
Accessed at: http://www.fs.usda.gov/ltbmu.
---------------------------------------------------------------------------
The Lake is threatened by pollution, drought, and
wildfires. Due to pollution and sedimentation, the Lake is
losing its treasured clarity. Clarity has degraded from over
100 feet in the 1960's to an annual average depth of 67.7
feet.\3\ Urbanization of the basin has eliminated 75% of its
marshes, 50% of its meadows, and 35% of its stream zone
habitat.\4\ Fire suppression in the Tahoe Basin has harmed the
ecological health of its forests making them highly vulnerable
to insect, disease and catastrophic wildfire.\5\
---------------------------------------------------------------------------
\3\U.S. Geological Survey, Facts about Lake Tahoe, Accessed at:
http://tahoe.usgs.gov/facts.html.
\4\Editors, UC scientists alert Clinton to Lake Tahoe's woes,
California Agriculture 51(5):4-5, Accessed at: http://ucanr.org/
repository/cao/landingpage.cfm?article=ca.v051n05p4&fulltext=yes
(1997).
\5\Tahoe Regional Planning Agency, Restoration in Progress:
Environmental Improvement Program Update, Accessed at: http://
www.trpa.org/documents/docdwnlds/EIP/Update/EIP_Update_Pgs_1-45.pdf
(``Restoration in Progress'') (2010).
---------------------------------------------------------------------------
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.\6\ 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.\7\
---------------------------------------------------------------------------
\6\Tahoe Regional Planning Agency, About TRPA, Accessed at: http://
www.trpa.org/default.aspx?tabindex=0&tabid=3 (2012).
\7\``Restoration in Progress''
---------------------------------------------------------------------------
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.\8\ The 2000 Lake Tahoe Restoration Act has enabled
over 270 environmental projects and restoration activities
around the Lake.\9\
---------------------------------------------------------------------------
\8\US Forest Service, Lake Tahoe Basin Management Unit:
Partnerships, Accessed at: http://www.fs.usda.gov/wps/portal/
fsinternet/!ut/p/c4/04 _SB8K8xLLM9MSSzPy8xBz9 CP0os3gjAwhwtDDw9_
AI8zPyhQoY6BdkOyoCAGixyPg!/?ss= 110519&navtype=
BROWSEBYSUBJECT&cid=FSM9 _046609&navid=140110000000000&pnavid=
140000000000000&position=Feature*&ttype=detail&pname=
Lake%2520Tahoe%2520Basin%2520Mgt%2520Unit -%2520Partnerships
(``Partnerships'').
\9\ ``Restoration in Progress''
---------------------------------------------------------------------------
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.\10\
---------------------------------------------------------------------------
\10\``Partnerships''
---------------------------------------------------------------------------
Introduced by Senator Feinstein on August 1, 2013, and co-
sponsored by Senators Reid, Heller, and Boxer, the Lake Tahoe
Restoration Act of 2013 reauthorizes the expiring legislation
passed in 2000. S. 1451 authorizes $415 million over ten 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 to
authorize $415 million over ten 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 2013''.
Section 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.
Section 3. Definitions
Section 3 amends the Lake Tahoe Restoration Act by revising
and expanding the definitions sections to include additional
terms.
Section 4. Administration of the Lake Tahoe Basin Management Unit
Section 4 amends Section 4 of the Lake Tahoe Restoration
Act to add subsections ``(c)'' through ``(g)'', which include
additional requirements and authorities for the management of
the Lake Tahoe Basin.
Subsection ``(c)'' requires the Lake Tahoe Basin Management
Unit to manage vehicular parking and traffic in the Unit with
priority given to improving public access, including
prioritization of alternatives to the private automobile;
coordination with state transportation agencies, and providing
support to local public transit systems. This section also
authorizes the Secretary of Agriculture, acting through the
Chief of the U.S. Forest Service (Secretary), to enter into an
agreement with the Secretary of Transportation to secure
operating and capital funds for the National Forest Transit
Program.
Subsection ``(d)'' 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 ``(e)'' 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 ``(f)'' requires the Lake Tahoe Basin Management
Unit to support the attainment of environmental threshold
carrying capacities.
Subsection ``(g)'' 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.
Section 5. Consultation
Section 5 amends Section 5 of the Lake Tahoe Restoration
Act to require the Secretary of Agriculture, the Administrator
of the EPA, and the Director of the U.S. Fish and Wildlife
Service 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 replaces Section 6 of the Lake Tahoe Restoration
Act and provides authorizations for the basin's highest
priority projects and programs, including:
$75 million for stormwater management and
related projects;
$38 million to restore the basin's
watersheds and wildlife;
$135 million for projects to improve forest
health and reduce the risk of catastrophic wildfire;
$30 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.
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 amends the Lake Tahoe Restoration Act by
replacing ``Section 8'' and ``Section 9'' and adding new
Sections 10-14.
``Section 8'' requires the Chair of the Lake Tahoe Federal
Interagency Partnership, in consultation with the Secretary,
the Director of the U.S. 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 9'' establishes a program led by the Director of
the U.S. 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 10'' 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 provide programmatic technical
assistance for the Environmental Improvement Program.
``Section 11'' 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 12'' directs the Secretary, Administrator, and
Director of the U.S. Fish and Wildlife Service to coordinate
with the Tahoe Regional Planning Agency to conduct public
education and outreach programs.
``Section 13'' 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 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 14'' 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 8. Relationship to other laws
Section 8 amends ``Section 17'' of the Lake Tahoe
Restoration Act (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 by authorizing $415,000,000 to be appropriated
over the next 10 years to implement the Act.
Section 10. Administration of acquired land
Section 10 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
The Lake Tahoe Restoration Act (S. 1451) was introduced by
Senator Feinstein on August 1, 2013, and co-sponsored by
Senators Reid, Heller, and Boxer. The bill was received, read
twice, and referred to the Senate Committee on Environment and
Public Works.
On February 6, 2014, the Full Committee met to discuss a
number of bills including S. 1451. During this meeting, the
Committee ordered the bill to be reported favorably by voice
vote with Sens. Crapo, Inhofe, Fischer, and Vitter recorded as
``no''.
Hearings
In the 111th Congress, 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 the previous version of S. 1451. In addition
to Senators Reid, Feinstein, and former-Senator 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. 1451 on February 6, 2014. The bill was ordered to
be reported favorably by voice vote with Sens. Crapo, Inhofe,
Fischer, and Vitter recorded as ``no''.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1451
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. 1451 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.'' However, CBO also
estimates, `` . . . the cost of the mandate would fall
significantly below the annual thresholds established in UMRA
for intergovernmental and private-sector mandates ($76 million
and $152 million in 2014, respectively, adjusted annually for
inflation).''
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 27, 2014.
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. 1451, the Lake Tahoe
Restoration Act of 2013.
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. 1451--Lake Tahoe Restoration Act of 2013
Summary: S. 1451 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 the
Environmental Protection Agency (EPA) 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. 1451 would cost $192 million
over the 2015-2019 period and $223 million after 2019. 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 any net effects of new
offsetting receipts, direct spending, and revenues would be
negligible in any year.
S. 1451 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 ($76
million and $152 million in 2014, respectively, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1451 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--
------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Forest Service Programs:
Estimated Authorization Level.................. 25 25 25 25 25 126
Estimated Outlays.............................. 18 24 25 25 25 117
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.................. 5 5 5 5 5 25
Estimated Outlays.............................. 4 5 5 5 5 23
Total Changes:
Estimated Authorization Level.............. 42 42 42 42 42 208
Estimated Outlays.......................... 29 39 41 41 42 192
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2014 and that the authorized
amounts will be appropriated over the 2015-2024 period.
Estimated outlays are based on historical spending patterns for
ongoing and similar activities.
Spending subject to appropriation
Section 9 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. CBO assumes
that those amounts would be appropriated evenly over the 10-
year period--amounting to about $42 million a year and $208
million over the 2015-2019 period.
Of the amounts authorized under section 9, $252 million
would be available for the Forest Service to reduce the risk of
fire, conduct restoration projects, and fund environmental
research in the Lake Tahoe Basin. An additional $113 million
would be authorized for the Forest Service and EPA to make
grants to state and local governments for certain water
management projects. Finally, an authorization of $50 million
would support USFWS activities to protect against invasive
species and to restore native species to the Lake Tahoe Basin.
Assuming appropriation of the authorized amounts, CBO estimates
that implementing those provisions would cost $192 million over
the 2015-2019 period and $223 million after 2019.
Direct spending and revenues
S. 1451 would require the USFWS to ensure that watercraft
are inspected prior to launching in 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; and we estimate
that the collection and expenditure of such fees would have no
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 U.S. 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. 1451 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 insignificant.
Intergovernmental and private-sector impact: S. 1451 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 launching in
waters of the Lake Tahoe Basin. Because the regional agency for
the Lake Tahoe Basin currently subjects watercraft to
inspection requirements and fees, 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 significantly below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($76 million and $152 million in 2014,
respectively, adjusted annually for inflation).
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; 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:
[PUBLIC LAW 106-506--NOV. 13, 2000, 114 Stat. 2351]
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 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 perennial
pepperweed, 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 yellow starthistle, 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 1.2 degrees
Fahrenheit in the past 43 years;
(B) since 1910, the percent of precipitation
that has fallen as snow in the Lake Tahoe Basin
decreased from 51 percent to 35.5 percent; and
(C) daily air temperatures have increased by
more than 4 degrees Fahrenheit and the trend in
daily maximum temperature has risen by
approximately 2 degrees Fahrenheit;
(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 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;
(21) since 1997, the Federal Government, the States
of California and Nevada, units of local government,
and the private sector have contributed more than
$1,620,000,000 to the Lake Tahoe Basin, including--
(A) $521,100,000 from the Federal Government;
(B) $636,200,000 from the State of
California;
(C) $101,400,000 from the State of Nevada;
(D) $68,200,000 from units of local
government; and
(E) $299,600,000 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 water
temperature and precipitation; 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 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) 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 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) 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 8.
(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) 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.
(d) 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 water temperature and
precipitation; 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) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out
under--
(A) the Lake Tahoe Restoration Act (Public
Law 106 506; 114 Stat. 2351); or
(B) the Santini-Burton Act (Public Law 96
586; 94 Stat. 3381).
(f) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities.
(g) Cooperative Authorities.--During the 4 fiscal years
following the date of enactment of the Lake Tahoe Restoration
Act of 2013, 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.
[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 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.
[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._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 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 project or
program that--
(1) is described in subsection (d);
(2) is included in the Priority List under section 8;
and
(3) furthers 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.
(b) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for
administering the projects or programs described in paragraphs
(1) and (2) of subsection (d).
(c) Monitoring and Assessment.--All projects authorized under
subsection (d) 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 section 13.
(d) Description of Activities.--
(1) Stormwater management, erosion control, and total
maximum daily load implementation.--Of the amounts made
available under section 17(a), $75,000,000 shall be
made available--
(A) to the Secretary or the Administrator for
the Federal share of stormwater management and
related projects and programs consistent with
the adopted Total Maximum Daily Load and near-
shore water quality goals; and
(B) for grants by the Secretary and the
Administrator to carry out the projects and
programs described in subparagraph (A).
(2) Stream environment zone and watershed
restoration.--Of the amounts made available under
section 17(a), $38,000,000 shall be made available--
(A) to the Secretary or the Assistant
Secretary for the Federal share of the Upper
Truckee River restoration projects and other
watershed restoration projects identified in
the priority list established under section 8;
and
(B) for grants by the Administrator to carry
out the projects described in subparagraph (A).
(3) Fire risk reduction and forest management.--
(A) In general.--Of the amounts made
available under section 17(a), $135,000,000
shall be made available to the Secretary to
carry out, including by making grants, 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.
(vi) Development of an updated Lake
Tahoe Basin multijurisdictional fuel
reduction and wildfire prevention
strategy, consistent with section 4(d).
(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.
(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out
subparagraph (A), at least $80,000,000 shall be
used by the Secretary for projects 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
project goals
and objectives;
and
(bb) document in all
requests for Federal
funding, and include in
the total project
budget, evidence of the
commitment to provide
the non-Federal share
through in-kind
contributions.
(4) Invasive species management.--Of the amounts to
be made available under section 17(a), $30,000,000
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 section 9.
(5) Special status species management.--Of the
amounts to be made available under section 17(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.
(6) Lake tahoe basin science program.--Of the amounts
to be made available under section 17(a), $30,000,000
shall be made available to the Chief of the Forest
Service to develop and implement, in coordination with
the Tahoe Science Consortium, the Lake Tahoe Basin
Science Program established under section 11.
(7) Program performance and accountability.--
(A) In general.--Of the amounts to be made
available under section 17(a), 5,000,000 shall
be made available to the Secretary to carry out
sections 12, 13, and 14.
(B) Planning agency.--Of the amounts
described in subparagraph (A), not less than 50
percent shall be made available to the Planning
Agency to carry out the program oversight,
coordination, and outreach activities
established under sections 12, 13, and 14.
(8) Land conveyance.--
(A) In general.--Of the amount made available
under section 17(a), 2,000,000 shall be made
available to the Secretary to carry out the
activities under section 3(b)(2) of Public Law
96 586 (94 Stat. 3384) (commonly known as the
`Santini-Burton Act').
(B) Other funds.--Of the amounts available to
the Secretary under subparagraph (A), not less
than 50 percent shall be provided to the
California Tahoe Conservancy to facilitate the
conveyance of land described in section 3(b)(2)
of Public Law 96 586 (94 Stat. 3384) (commonly
known as the `Santini-Burton Act').
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
* * * * * * *
SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) Deadline.--Not later than February 15 of the year after
the date of enactment of the Lake Tahoe Restoration Act of
2013, 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 shall submit to Congress a prioritized list
of all Environmental Improvement Program projects for the Lake
Tahoe Basin for each program category described in section
6(d).
(b) 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.
(c) Revisions.--
(1) In general.--The Priority List submitted under
subsection (b) shall be revised--
(A) every 2 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 of the United
States Fish and Wildlife Service 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.
(d) Funding.--Of the amount made available under section
17(a), 80,000,000 shall be made available to the Secretary to
carry out this section.
SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.
(a) In General.--The Director of the United States Fish and
Wildlife Service, in coordination with the Planning Agency, the
California Department of Fish and Game, and the Nevada
Department of Wildlife, shall deploy strategies consistent with
the Lake Tahoe Aquatic Invasive Species Management Plan to
prevent 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; and
(2) watercraft not be allowed to launch in waters of
the Lake Tahoe Basin if the watercraft has not been
inspected in accordance with the Lake Tahoe Aquatic
Invasive Species Management Plan.
(c) Certification.--The Planning Agency may certify State and
local 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 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 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) Supplemental Authority.--The authority under this section
is supplemental to all actions taken by non-Federal regulatory
authorities.
(i) 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. 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 SCIENCE PROGRAM.
The Secretary (acting through the Station Director of the
Forest Service, Pacific Southwest Research Station), the
Administrator, the Planning Agency, the States of California
and Nevada, and the Tahoe Science Consortium, shall develop and
implement the Lake Tahoe Basin Science 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 water temperature, precipitation, and
invasive species;
(2) 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;
(3) conducts applied research, programmatic technical
assessments, scientific data management, analysis, and
reporting related to key management questions;
(4) develops new tools and information to support
objective assessments of land use and resource
conditions;
(5) 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;
(6) 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
(7) provides scientific and technical support for the
development of appropriate management strategies to
accommodate changing water temperature and
precipitation in the Lake Tahoe Basin.
SEC. 12. PUBLIC OUTREACH AND EDUCATION.
(a) In General.--The Secretary, the Administrator, and the
Directors 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) Scientific and Technical Guidance.--The Director of the
United States Geological Survey shall provide scientific and
technical guidance to public outreach and education programs
conducted under this section.
(c) 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 Secretary, in
cooperation with the Chair, the Administrator, the Directors,
the Planning Agency, and the States of California and Nevada,
consistent with section 6(d)(6), 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(b)(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, 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] 15. 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] 16. 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] 17. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
SEC. 17. 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 2013.
(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, Environmental Protection Agency, or
the United States Fish and Wildlife Service.
(c) Cost-Sharing Requirement.--Except as provided in
subsection (d) and section 6(d)(3)(D), 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.
(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts two-thirds
of 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--DEC. 23, 1980, 94 Stat. 3381]
SANTINI-BURTON ACT
SEC. 3. (A)(1) * * *
* * * * * * *
[(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) Conveyance.--
(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 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 to--
(I) ensure compliance with
this Act; and
(II) 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.