[Senate Report 106-400]
[From the U.S. Government Publishing Office]
Calendar No. 790
106th Congress Report
SENATE
2d Session 106-400
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LAKE TAHOE RESTORATION ACT
_______
September 7, 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1925]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1925) to promote environmental
restoration around the Lake Tahoe basin, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 \1/3\ 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 the 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, andprivate 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. 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. 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 under any other law.
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. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) In General.--Not later than 1 year after the date of 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;
(3) in determining the order of priority of potential and
proposed environmental restoration projects under paragraph
(2), the focus shall address projects (listed in no particular
order) involving--
(A) 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);
(B) the acquisition of environmentally sensitive land
from willing sellers under Public Law 96-586 (94 Stat.
3381) or land acquisition under any other Federal law;
(C) 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 Public Law 96-586 (94 Stat.
3381);
(D) cleaning up methyl tertiary butyl ether
contamination; and
(E) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
(i) improvement of public access to the Lake
Tahoe basin, including the promotion of
alternatives to the private automobile;
(ii) the Highway 28 and 89 corridors and
parking problems in the area; and
(iii) cooperation with local public
transportation systems, including--
(I) the Coordinated Transit System;
and
(II) public transit systems on the
north shore of Lake Tahoe.
(c) 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.
(d) Consistency With Memorandum of Understanding.--A project on the
priority list shall be conducted in accordance with the memorandum of
understandingsigned 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.
(e) Review of Priority List.--Periodically, but not less 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; and
(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;
(C) any change in general environmental conditions in
the Lake Tahoe basin; and
(D) submit to Congress a report on any changes made.
(f) 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 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.
(g) Authorization of Appropriations.--There is authorized to be
appropriated, for the implementation of projects on the priority list
and the payment identified in subsection (f), $20,000,000 for the first
fiscal year that begins after the date of enactment of this Act and for
each of the 9 fiscal years thereafter.
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
Section 2 of Public Law 96-586 (94 Stat. 3381) is amended by
striking subsection (g) and inserting the following:
``(g) Payments to Localities.--
``(1) In general.--The Secretary of Agriculture shall,
subject to the availability of appropriations, make annual
payments to the governing bodies of each of the political
subdivisions (including any public utility the service area of
which includes any part of the Lake Tahoe basin), any portion
of which is located in the area depicted on the final map filed
under section 3(a).
``(2) Use of payments.--Payments under this subsection may be
used--
``(A) first, for erosion control and water quality
projects; and
``(B) second, unless emergency projects arise, for
projects to address other threshold categories after
thresholds for water quality and soil conservation have
been achieved and maintained.
``(3) Eligibility for Payments.--
``(A) In general.--To be eligible for a payment under
this subsection, a political subdivision shall annually
submit a priority list of proposed projects to the
Secretary of Agriculture.
``(B) Components of list.--A priority list under
subparagraph (A) shall include, for each proposed
project listed--
``(i) a description of the need for the
project;
``(ii) all projected costs and benefits; and
``(iii) a detailed budget.
``(C) Use of payments.--A payment under this
subsection shall be used only to carry out a project or
proposed project that is part of the environmental
improvement program adopted by the Tahoe Regional
Planning Agency in February 1998 and amendments to the
program.
``(D) Federal obligation.--All projects funded under
this subsection shallbe part of Federal obligation
under the environmental improvement program.
``(4) Division of funds.--
``(A) In general.--The total amounts appropriated for
payments under this subsection shall be allocated by
the Secretary of Agriculture based on the relative need
for and merits of projects proposed for payment under
this section.
``(B) Minimum.--To the maximum extent practicable,
for each fiscal year, the Secretary of Agriculture
shall ensure that each political subdivision in the
Lake Tahoe basin receives amounts appropriate for
payments under this subsection.
``(5) Authorization of appropriations.--In addition to the
amounts authorized to be appropriated to carry out section 6 of
the Lake Tahoe Restoration Act, there is authorized to be
appropriated for making payments under this subsection
$10,000,000 for the first fiscal year that begins after the
date of enactment of this paragraph and for each of the 9
fiscal years thereafter.''.
SEC. 8. FIRE RISK REDUCTION ACTIVITIES.
(a) In General.--In conducting fire 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 \2/3\ 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. AMENDMENT OF PUBLIC LAW 96-586.
Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended by
adding at the end of 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. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act exempts the Secretary from the duty to comply
with any applicable Federal law.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Purpose of the Measure
The purpose of S. 1925 is to promote environmental
restoration around the Lake Tahoe Basin.
Background and Need
S. 1925 requires the Forest Service to develop an annual
priority list of environmental restoration projects in the Lake
Tahoe Basin. The projects will improve water quality, forest
health, soil conservation, air quality, and fish and wildlife
habitat around Lake Tahoe. In developing potential restoration
projects, the Forest Service is required to rely on the best
available science, and to consider top priority projects
targeted by local governments, businesses, and environmental
interests. The bill authorizes $200 million over 10 years for
the Forest Service to implement these projects on federal
lands.
The bill requires the Forest Service to give special
attention on its priority list to five key activities: (1)
acquisition of environmentally sensitive land; (2) erosion and
sediment control; (3) fire risk reduction; (4) cleaning up
Methyl Tertiary Butyl Ether (MTBE) contamination; and (5)
traffic and parking management, including promotion of public
transportation.
S. 1925 also authorizes an additional $100 million over 10
year for local government erosion control activities on non-
federal lands.
Legislative History
S. 1925 was referred to the Committee on Energy and Natural
Resources on November 16, 1999. The Committee on Energy and
Natural Resources held a hearing on S. 1925 on February 10,
2000. At the business meeting on July 13, 2000, the Committee
on Energy and Natural Resources ordered S. 1925 reported
favorably with an amendment in the nature of a substitute.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on July 13, 2000, by a voice vote of a
quorum present recommends that the Senate pass S. 1925 if
amended as described herein.
Committee Amendment
During the consideration of S. 1925, the Committee adopted
an amendment that makes several technical and clarifying
changes.
Section-by-Section Analysis
Section 1 states that the Act may be cited as the ``Lake
Tahoe Restoration Act.''
Section 2 give the findings and purposes of the Act.
Section 3 defines terms used in the Act.
Section 4(a) requires the Secretary of Agriculture to
administer the Lake Tahoe Basin Management Unit in accordance
with this Act and the laws applicable to the National Forest
System.
Subsection (b) clarifies that the Act: does not give the
Secretary of Agriculture regulatory authority over private or
non-Federal lands; does not change the authority of the Tahoe
Regional Planning Agency; and does not affect the Secretary of
Agriculture's authority to acquire land from willing sellers.
Section 5 (a) requires the Secretary of Agriculture, with
respect to the activities described in subsection (b), to
consult with: (1) the Tahoe Regional Planning Agency; (2) the
Tahoe Federal Interagency Partnership; (3) the Lake Tahoe Basin
Federal Advisory Committee; (4) Federal representatives and all
political subdivisions of the Lake Tahoe Basin Management Unit;
and (5) the Lake Tahoe Transportation and Water Quality
Coalition.
Subsection (b) requires the Secretary of Agriculture to
consult with the entities described in subsection (a) with
respect to: (1) the administration of the Lake Tahoe Basin
Management Unit; (2) the development of a priority list of
environmental restoration projects; (3) the promotion of
policies that address the Basin's environmental and
recreational concerns; (4) the coordination of environmental
and recreation activities to avoid duplicate efforts; and (5)
the coordination of scientific resources and data.
Section 6(a) requires the Secretary of Agriculture to
develop a priority list of potential environmental restoration
projects within one year of enactment.
Paragraph (b)(1) requires the Secretary of Agriculture to
develop the priority list using the best available science.
Subparagraph (2)(A) requires the priority list to include
projects consistent with the environmental improvement program
adopted by the Tahoe Regional Planning Agency.
Subparagraph (B) requires the priority projects to achieve
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.
Paragraph (3) requires that in determining the order of
priority of proposed environmental restoration projects
pursuant to paragraph (2), the focus shall address (in no
particular order): (A) erosion and sediment control; (B) the
acquisition of environmentally sensitive land from willing
sellers; (C) fire risk reduction in urban areas and urban-
wildland interface areas; (D) cleaning up MTBE contamination;
and (E) the management of vehicular parking and traffic in the
Lake Tahoe Basin Management Unit, especially improving public
access, promotion of transit systems, and traffic and parking
problems in the Highway 28 and 89 corridors.
Subsection (c) requires the Secretary of Agriculture to
monitor implementation of projects on the priority list.
Subsection (d) requires projects to be conducted with the
memorandum of understanding signed by the Forest Supervisor and
the Tahoe Regional Planning Agency.
Subsection (e) requires the Secretary of Agriculture to
periodically review the priority list in consultation with the
Tahoe Regional Planning Agency; interested political
subdivisions; and the Lake Tahoe Water Quality and
Transportation Coalition and make any necessary changes.
Subsection (f) authorizes the Secretary of Agriculture to
make a payment of $1,000,000 to the Tahoe Regional Planning
Agency and the South Tahoe Public Utility District to develop a
plan for the prevention and cleanup of hydrocarbon
contamination (including MTBE contamination) of surface and
ground water in consultation with both California and Nevada
and appropriate political subdivisions.
Subsection (g) authorizes $20 million per year, for ten
years, to be appropriated for the implementation of projects.
Section 7 amends Public Law 96-586 by replacing subsection
(g) with new language as follows:
Subsection (g)(1) requires the Secretary of
Agriculture to make annual payments to political
subdivisions in the area subject to the availability of
appropriations.
Paragraph (2) requires payments to be used first, for
erosion control and water quality projects; and second
for projects to address other threshold categories.
Paragraph (3) requires that an annual priority list
be submitted to be eligible for payment, and that the
payment be used only to carry out a project that is
part of the environmental improvement program adopted
by the Tahoe Regional Planning Agency.
Paragraph (4) requires that the payments be allocated
based on the relative need for and merits of projects,
and that each political subdivision receive the amounts
appropriated to the maximum extent practicable.
Paragraph (5) authorizes $10 million per year, for 10
years, to be appropriated for payments under this
subsection.
Section 8 requires the Secretary of Agriculture to
coordinate with State and local agenciesconcerning fire risk
reduction activities, and to the extent practicable minimize any ground
disturbances caused by them.
Section 9 requires that any funds authorized under this Act
are in addition to other amounts available to the Secretary of
Agriculture for expenditure in the Lake Tahoe basin, and shall
not reduce allocations for other Regions of the Forest Service.
Funds require a 1-to-1 match by California and Nevada for
activities under section 6, except that the Secretary of
Agriculture will provide \2/3\ of funds for relocation of
utility facilities.
Section 10 amends Public Law 96-586 to require land
acquisition from only willing sellers.
Section 11 states that this Act does not exempt the
Secretary of Agriculture from any applicable Federal law.
Section 12 authorizes appropriations to carry out this Act.
Cost and Budgetary Considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measure follows:
S. 1925--Lake Tahoe Restoration Act
Summary: CBO estimates that implementing S. 1925 would cost
$132 million over the 2001-2005 period, assuming appropriation
of the authorized amounts. The bill would not affect direct
spending or receipts; therefore, pay-as-you-go procedures would
not apply. S. 1925 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act
(UMRA). State and local governments might incur some costs to
match the federal funds authorized by this bill, but those
costs would be voluntary.
S. 1925 would establish a program to restore the ecological
health of the Lake Tahoe basin in California and Nevada, and
would authorize the appropriation of $300 million for that
purpose. The bill would require the Forest Service to develop
and prioritize a list of projects to clean up and restore water
quality in the basin and would authorize the appropriation of
$200 million over 10 years to carry out such projects on
federal lands. The bill also would authorize the appropriation
of $100 million over 10 years for payments to local governments
(including public utilities) within the Lake Tahoe basin to
support similar cleanup activities on nonfederal lands.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1925 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--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................................ 30 30 30 30 30
Estimated Outlays.................................................. 16 26 30 30 30
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1925 will be enacted by the start of fiscal year 2001 and that
the authorized amounts will be provided as specified by the
bill. Estimates of outlays are based on historical spending
patterns for similar programs.
S. 1925 would authorize the appropriation of $20 million a
year over the 2001-2010 period for environmental restoration
projects on federal lands within the lake Tahoe basin. Based on
information from the Forest Service, we estimate that outlays
for those projects would total about $84 million over the 2001-
2005 period. The amount authorized for those projects in 2001
would cover the cost of a one-time payment of $1 million to the
Tahoe Regional Planning Agency and the South Tahoe Public
Utility District to develop a plan for preventing and
responding to hydrocarbon contamination of surface and ground
water. We assume that the payment would occur during fiscal
year 2001. In addition, the bill would direct the Forest
Service to make payments to local governments and public
utilities to support erosion control and water quality
activities on nonfederal lands and would authorize the
appropriation of $10 million a year for 10 years for that
purpose. Based on information from the Forest Service, CBO
estimates that such payments would total $47 million over the
2001-2005 period.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 125
contains no intergovernmental or private-sector mandates as
defined in UMRA. Local governments in the Lake Tahoe area would
benefit from the payments authorized by the bill. State and
local governments might incur some costs to match the federal
funds, but those costs would be voluntary.
Previous CBO estimate: On July 24, 2000, CBO transmitted a
cost estimate for S. 1925 as ordered reported by the Senate
Committee on Energy and Natural Resources on July 13, 2000.
This estimate supersedes that previous estimate. Specifically,
it corrects an error in the total amount authorized to be
appropriated under the bill, which was overstated by $1 million
in the previous estimate. Projected spending under this
legislation over the next five years is not affected by this
change.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller;
Impact on the Private Sector: Sarah Sitarek.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1925.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1925, as ordered reported.
Executive Communications
On July 13, 2000 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1925. These
reports had not been received at the time the report on S. 1925
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the Forest
Service at the Subcommittee hearing follows:
Statement of Jack Craven, Director of Lands, Forest Service, Department
of Agriculture
Mr. Chairman and members of the committee, thank you for
the opportunity to be here today to present the
Administration's views on S. 1925, proposed legislation that
will promote environmental restoration in the Lake Tahoe basin.
The Administration supports S. 1925, a bill that will
promote environmental restoration in the Lake Tahoe basin. This
bill will direct the Forest Service to consult with the Tahoe
Regional Planning Agency, Tahoe Interagency Partnership, and
Tahoe Federal Advisory Committee regarding the administration
of the Lake Tahoe Basin Management Unit. The bill will provide
for the development of an environmental restoration priority
list, the coordination of environmental and scientific
activities and the strengthening of the intergovernmental
partnerships in the basin.
This bill will also facilitate our work on the following
objectives that emerged from the 1997 Presidential Forum on the
Lake Tahoe basin: (1) the Administration's commitment to
improve coordination among federal agencies and state and local
governments and organizations, and (2) the Administration will
take meaningful actions on water quality, transportation,
forest management, and recreation to protect Lake Tahoe, and
with it, the area's economy and quality of life.
Lake Tahoe, one of the largest, deepest, and clearest lakes
in the world is recognized nationally and worldwide as a
natural resource of special significance. However, the clarity
of the lake is declining and the water quality of the lake
continues to degrade. Some of the primary reasons for this
decline are from the sediment that continues to flow into the
lake from soil erosion, land disturbance, streamside erosion
and from air pollution. Over the years, there has been a
significant loss in the quality and quantity of wetlands, wet
meadows and streamside riparian areas that would naturally trap
sediment before entering the lake. There are also ecosystem
restoration needs that should be addressed to reduce the chance
of large wildfires in the urban-forest environment in the
basin.
We will collaborate with the various agencies and
organizations in developing the environmental restoration
priority list to focus resources on projects that will have the
greatest benefit in addressing the environmental problems in
the basin. Since National Forest System lands comprise 78
percent of the watershed acreage of Lake Tahoe, the Forest
Service is a pivotal partner in restoring environmental health
to Lake Tahoe. This bill will facilitate the partnerships
between the Forest Service and the various agencies and
political subdivisions in the basin to work together to address
the environmental concerns that are contributing to the water
quality decline in the basin.
We would like to work with your staff to address several
minor technical changes to clarify the language concerning
authorities in section 6.
The Administration has appreciated working with the
sponsors in crafting a bill with so much support.
summary
In conclusion, the Administration supports S. 1925.
I would be happy to answer any questions you and the
members of the Committee might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1925, as ordered 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):
THE ACT OF DECEMBER 23, 1980
AN ACT To provide for the orderly disposal of certain Federal lands in
Nevada and for the acquisition of certain other lands in the Lake Tahoe
Basin, and for other purposes
* * * * * * *
SEC. 2 * * *
[(g)(1) The Secretary of Agriculture is authorized and
directed to make annual payments to the governing bodies of
each of the political subdivisions any portion of which is
located in the area depicted on the final map filed pursuant to
section 3(a). Such payments may be used only for water
pollution control soil erosion mitigation, or acquisition by
local government authorities of lands and interest in land
within the Lake Tahoe Basin, or for any combination of the
foregoing purposes.
[(2) The total amounts appropriated for payments pursuant
to this subsection shall be allocated proportionately among
such political subdivision in any fiscal year on the basis of
the relative amounts of acreage acquired under this Act in each
such political subdivision.
[(3) In addition to the amounts authorized to be
appropriated to carry out the provisions of section 3 of the
Act. There is authorized to be appropriated for making payments
under this subsection a sum equal to 15 per centum of the
amount appropriated under such section 3.]
(g) Payments to Localities.--
(1) In general.--The Secretary of Agriculture shall,
subject to the availability of appropriations, make
annual payments to the governing bodies of each of the
political subdivisions (including any public utility
the service area of which includes any part of the Lake
Tahoe basin), any portion of which is located in the
area depicted on the final map filed under section
3(a).
(2) Use of payments.--Payments under this subsection
may be used--
(A) first, for erosion control and water
quality projects; and
(B) second, unless emergency projects arise,
for projects to address other threshold
categories after thresholds for water quality
and soil conservation have been achieved and
maintained.
(3) Eligibility for payments.--
(A) In general.--To be eligible for a payment
under this subsection, a political subdivision
shall annually submit a priority list of
proposed projects to the Secretary of
Agriculture.
(B) Components of list.--A priority list
under subparagraph (A) shall include, for each
proposed project listed--
(i) a description of the need for the
project;
(ii) all projected costs and
benefits; and
(iii) a detailed budget.
(C) Use of payments.--A payment under this
subsection shall be used only to carry out a
project or proposed project that is part of the
environmental improvement program adopted by
the Tahoe Regional Planning Agency in February
1998 and amendments to the program.
(D) Federal obligation.--All projects funded
under this subsection shall be part of Federal
obligation under the environmental improvement
program.
(4) Division of funds.--
(A) In general.--The total amounts
appropriated for payments under this subsection
shall be allocated by the Secretary of
Agriculture based on the relative need for and
merits of projects proposed for payment under
this section.
(B) Minimum.--To the maximum extent
practicable, for each fiscal year, the
Secretary of Agriculture shall ensure that each
political subdivision in the Lake Tahoe basin
receives amounts appropriated for payments
under this subsection.
(5) Authorization of appropriations.--In addition to
the amounts authorized to be appropriated to carry out
section 6 of the Lake Tahoe Restoration Act, there is
authorized to be appropriated for making payments under
this subsection $10,000,000 for the first fiscal year
that begins after the date of enactment of this
paragraph and for each of the 9 fiscal years
thereafter.
* * * * * * *
SEC. 3 * * *
(4) Lands within the boundaries of the area subject
to acquisition under this section which are owned by
any State or local government may be acquired only by
donation.
(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.
* * * * * * *