[House Report 114-404]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-404
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
LAKE TAHOE RESTORATION ACT OF 2015
_______
February 1, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3382]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3382) to amend the Lake Tahoe Restoration Act to
enhance recreational opportunities, environmental restoration
activities, and forest management activities in the Lake Tahoe
Basin, and for other purposes, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Lake Tahoe
Restoration Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Improved administration of the Lake Tahoe Basin Management
Unit.
Sec. 5. Authorized programs.
Sec. 6. Program performance and accountability.
Sec. 7. Technical corrections and conforming amendments.
Sec. 8. Authorization of appropriations.
Sec. 9. Land conveyances to improve management efficiencies of State
and Federal lands.
Sec. 10. Modification of land acquisition authority under Santini-
Burton Act and Southern Nevada Public Land Management Act of 1998.
Sec. 11. Availability of categorical exclusion for Lake Tahoe herbicide
applications to control certain aquatic weeds.
SEC. 2. FINDINGS AND PURPOSES.
Section 2 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2351) is amended to read as follows:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress makes the following findings:
``(1) Lake Tahoe--
``(A) is one of the largest, deepest, and clearest
fresh-water lakes in the world;
``(B) has a distinctive cobalt blue color, a
biologically diverse alpine setting, and remarkable
water clarity; and
``(C) is recognized as a natural resource of special
significance, so that even world-traveler Mark Twain
called Lake Tahoe the `fairest picture the whole earth
affords'.
``(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
natural beauty and recreation opportunities of Lake Tahoe and
the surrounding area.
``(4) Forests in the Lake Tahoe Basin suffer from over a
century of fire damage, periodic drought, and mismanagement,
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.
``(5) The establishment of several aquatic and terrestrial
invasive species (including perennial pepperweed, milfoil, and
Asian clam) threatens the ecosystem of the Lake Tahoe Basin,
and the likelihood exists for the introduction and
establishment of other invasive species (such as yellow
starthistle, New Zealand mud snail, Zebra mussel, and quagga
mussel).
``(6) 75 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it a
Federal responsibility to significantly contribute to the
restoration of the ecological health of the Lake Tahoe Basin.
``(b) Purposes.--The purposes of this Act are as follows:
``(1) To identify ways and pursue options to expand the
environmental threshold carrying capacity of the Lake Tahoe
Basin.
``(2) To enable the Chief of the Forest Service, the Director
of the United States Fish and Wildlife Service, and the
Administrator, in cooperation with the Planning Agency and the
States of California and Nevada, to fund, plan, and implement
significant forest management and invasive species control
activities in the Lake Tahoe Basin.
``(3) To ensure that Federal, State, local, regional, tribal,
and private entities continue to work together to manage lands
and forests in the Lake Tahoe Basin.
``(4) To support local governments in the Lake Tahoe Basin in
efforts related fire risk reduction and forest management
activities.
``(5) To prioritize public recreational access to public
lands in the Lake Tahoe Basin.
``(6) To ensure that management of Federal land and forests
in the Lake Tahoe Basin is conducted with the understanding
that--
``(A) public forests are renewable assets that should
be managed, rather than neglected, and that excess
timber should be harvested to generate continuing
revenue for care of the public's land, in accordance
with a good neighbor policy; and
``(B) the Federal Government will defer to local
communities whenever possible with regard to land
acquisition and land regulations or restrictions.''.
SEC. 3. DEFINITIONS.
Section 3 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2353) is amended to read as follows:
``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 threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in article II of the Compact.
``(7) 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).
``(8) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and
hazardous fuels reduction;
``(B) mechanical treatments, including forest
thinning, sale of commercial timber and firewood, and
brush mastication;
``(C) management of non-native, invasive species;
``(D) erosion control and water runoff mitigation on
land adversely impacted by wildland fire; and
``(E) other activities consistent with Forest Service
practices, as the Secretary determines to be
appropriate.
``(9) Maps.--The term `Maps' means the maps dated April 12,
2013, and entitled `LTRA USFS-CA Land Exchange/North Shore',
`USFS-CA Land Exchange/West Shore', and `USFS-CA Land Exchange/
South Shore', which shall be on file and available for public
inspection in the appropriate offices of the Forest Service,
the California Tahoe Conservancy, and the California Department
of Parks and Recreation.
``(10) 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).
``(11) Planning agency.--The term `Planning Agency' means the
Tahoe Regional Planning Agency established under Public Law 91-
148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
``(12) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(13) Watercraft.--The term `watercraft' means motorized and
non-motorized watercraft that are capable of harboring an
invasive species.''.
SEC. 4. IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT
UNIT.
Section 4 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2353) is amended by adding at the end the following new
subsections:
``(c) Forest Management Activities.--
``(1) Coordination.--For the purpose of increasing
efficiencies and maximizing the compatibility of management
practices across public property boundaries, in conducting
forest management activities in the Lake Tahoe Basin Management
Unit, the Secretary shall coordinate, as appropriate, with--
``(A) the Administrator;
``(B) State and local agencies; and
``(C) county governments, local governments, and
local fire departments.
``(2) Multiple benefits.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall conduct the activities in a manner that--
``(A) except as provided in paragraph (3), promotes
multiple management benefits, including--
``(i) reducing forest fuels;
``(ii) enhancing and seeking ways to increase
recreational opportunities;
``(iii) preserving existing and traditional
uses;
``(iv) producing a sustainable yield of
natural resource production; and
``(v) allowing for economic development; and
``(B) helps achieve, maintain, and identify ways to
expand the environmental threshold carrying capacities
established by the Planning Agency.
``(3) Cost-benefit determination.--Notwithstanding paragraph
(2)(A), the promotion of multiple management benefits shall not
be required if the Secretary determines that management for
multiple benefits would excessively increase the cost of a
program in relation to the additional benefits gained from the
management activity. The Secretary shall make each cost-benefit
determination made under this paragraph publicly available.
``(4) Availability of categorical exclusion for certain
forest management projects.--A forest management activity
conducted in the Lake Tahoe Basin Management Unit for the
purpose of reducing forest fuels is categorically excluded from
the requirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) if the forest management
activity--
``(A) notwithstanding section 423 of the Department
of the Interior, Environment, and Related Agencies
Appropriations Act, 2009 (division E of Public Law 111-
8; 123 Stat. 748), does not exceed 10,000 acres,
including no more than 3,000 acres of mechanical
thinning;
``(B) is developed--
``(i) in coordination with impacted parties,
specifically including representatives of local
governments, such as county supervisors or
county commissioners; and
``(ii) in consultation with other interested
parties; and
``(C) is consistent with the Lake Tahoe Basin
Management Unit land and resource management plan.
``(d) Arbitration Process.--
``(1) In general.--Any challenge to a forest management
activity in the Lake Tahoe Basin Management Unit shall be
addressed using arbitration consistent with this subsection.
``(2) Who may seek.--Any person who sought administrative
review for the forest management activity and who is not
satisfied with the decision made under the administrative
review process may file a demand for arbitration regarding the
covered active management project in accordance with chapter 1
of title 9, United States Code. The demand for arbitration
under paragraph (1) shall--
``(A) be filed not more than 15 days after the date
on which the administrative review decision was issued;
and
``(B) include a proposal describing the modifications
sought to the forest management activity.
``(3) Intervening parties.--Not later than 15 days after the
date on which the demand for arbitration was filed, any person
that submitted a public comment on the forest management
activity subject to arbitration may intervene in the
arbitration--
``(A) by endorsing the activity or the modification
proposal; or
``(B) by submitting a proposal to further modify the
activity.
``(4) Appointment of arbitrator.--The United States District
Court in the district in which the forest management activity
is located shall appoint the arbitrator to conduct the
arbitration proceedings in accordance with this subsection and
chapter 1 of title 9, United States Code.
``(5) Selection of proposals.--
``(A) In general.--Within 30 days after appointment
under paragraph (1), the arbitrator shall determine
whether the proposal submitted by an objector or an
intervening party or the forest management activity as
approved by the Secretary best meets the purpose and
needs described in the environmental analysis
conducted, in accordance with this Act, for the forest
management activity.
``(B) Modification prohibited.--The arbitrator
appointed under paragraph (4) may not modify any of the
proposals submitted with the demand for arbitration or
a request to intervene.
``(6) Effect of decision.--The decision of an arbitrator with
respect to the forest management activity--
``(A) shall not be considered a major Federal action;
and
``(B) shall be binding.
``(7) Prohibition on restraining orders, preliminary
injunctions, and injunctions pending appeal.--No restraining
order, preliminary injunction, or injunction pending appeal
shall be issued by an appellate court of the United States with
respect to the decision of an arbitrator with respect to the
forest management activity.
``(e) Environmental Threshold Carrying Capacity.--The Lake Tahoe
Basin Management Unit shall support the attainment of the environmental
threshold carrying capacities and identify and pursue the means to
expand those capacities.
``(f) Cooperative Authorities.--
``(1) In general.--During fiscal years 2016 through 2020, the
Secretary, in conjunction with land adjustment programs, may
enter into contracts and cooperative agreements with States,
units of local government, and other public and private
entities to provide for fuel reduction, erosion control,
reforestation, and similar management activities on Federal
land and non-Federal land within the programs.
``(2) Extended duration of stewardship contracts.--
Notwithstanding subsection (d)(3) of section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c), an agreement
or contract under such section for stewardship contracting
projects to be carried out within the Lake Tahoe Basin
Management Unit may be for a term in excess of 10 years, but
not to exceed 20 years.
``(g) Commercial Product Receipts.--
``(1) Retention.--The Secretary shall retain any commercial
product receipts generated as part of forest management
activities or cooperative activities conducted in the Lake
Tahoe Basin Management Unit under subsection (c) or (g), other
than stewardship contracts described in subsection (g)(2).
``(2) Availability and use.--Receipts retained under
paragraph (1) shall be available to the Secretary for the
purpose of funding additional forest management activities and
cooperative activities, developed through a collaborative
process with representatives from local governments with
jurisdiction over lands within the Lake Tahoe Basin Management
Unit.
``(3) Obligation limit.--The obligation and expenditure of
receipts retained under this subsection shall be subject to
such fiscal-year limitation as may be specified in an Act
making appropriations for the Forest Service for a fiscal
year.''.
SEC. 5. AUTHORIZED PROGRAMS.
Section 5 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2353) is amended to read as follows:
``SEC. 5. AUTHORIZED PROGRAMS.
``(a) In General.--The Secretary, the Assistant Secretary, the
Directors, and the Administrator, in coordination with the Planning
Agency and the States of California and Nevada, may carry out or
provide financial assistance to any program described in subsection (b)
or (c).
``(b) Fire Risk Reduction and Forest Management.--
``(1) In general.--Of the amounts appropriated for a fiscal
year pursuant to the authorization of appropriations in
subsection (a) of section 12, as amended by section 8 of the
Lake Tahoe Restoration Act of 2015, not less than $4,400,000
shall be made available to the Secretary to carry out,
including by making grants, the following programs:
``(A) The Lake Tahoe Basin Multi-Jurisdictional Fuel
Reduction and Wildfire Prevention Strategy 10-Year
Plan.
``(B) 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 plan referred to in
subparagraph (A).
``(C) Restoration activities related to any residual
or future wildfire damage.
``(D) Washoe Tribe fire risk reduction and forest
management programs on tribal lands within the Lake
Tahoe Basin.
``(E) Development of an updated Lake Tahoe Basin
multijurisdictional fuel reduction and wildfire
prevention strategy, consistent with the requirement
that forest management activities in the Lake Tahoe
Basin promote multiple management benefits as described
in section 4(c) of this Act (as added by section 4 of
the Lake Tahoe Restoration Act of 2015).
``(F) Development of updated community wildfire
protection plans by local fire districts.
``(2) Priority.--Units of local government in the Lake Tahoe
Basin that have dedicated funding for inspections and
enforcement of defensible space regulations shall be given
priority for amounts provided under this subsection.
``(3) Cost-sharing requirements.--
``(A) In general.--As a condition on the receipt of
funds, communities or local fire districts that receive
funds under this subsection shall provide a 25-percent
match.
``(B) Form of non-federal share.--
``(i) In general.--The non-Federal share
required under subparagraph (A) 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 subparagraph
(A) any dedicated funding of the communities or
local fire districts for a fuels reduction
management program, defensible space
inspections, or dooryard chipping.
``(C) Documentation.--Communities and local fire
districts shall--
``(i) maintain a record of in-kind
contributions that describes--
``(I) the monetary value of the in-
kind contributions; and
``(II) the manner in which the in-
kind contributions assist in
accomplishing project goals and
objectives; and
``(ii) 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.
``(c) Invasive Species Management.--
``(1) In general.--Of the amounts appropriated for a fiscal
year pursuant to the authorization of appropriations in
subsection (a) of section 12, as amended by section 8 of the
Lake Tahoe Restoration Act of 2015, not less than $800,000
shall be transferred to the Director of the United States Fish
and Wildlife Service for the Aquatic Invasive Species Program
and for the watercraft inspections and decontaminations
described in paragraph (2).
``(2) Description of activities.--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 and spread of
aquatic invasive species into the Lake Tahoe Basin.
``(3) Required elements of strategies.--The strategies
referred to in paragraph (2) shall provide for the following:
``(A) Combined inspection and decontamination
stations shall be established in the Lake Tahoe Basin.
As provided in paragraph (4), these stations may be
operated by the States of California and Nevada, local
governments, or private entities.
``(B) Watercraft shall not be allowed to launch in
waters of the Lake Tahoe Basin unless the watercraft
has been inspected in accordance with the Lake Tahoe
Aquatic Invasive Species Management Plan.
``(4) Certification.--The Planning Agency shall certify the
State of California, the State of Nevada, local agencies, or
private entities to perform inspection and decontamination
activities described in paragraph (3)(A) at locations inside or
outside the Lake Tahoe Basin if such activities are conducted
in a manner consistent with the standards established by this
subsection.
``(5) Applicability.--The strategies developed under this
subsection shall apply to all watercraft to be launched on
water within the Lake Tahoe Basin.
``(6) Fees.--An entity performing inspection and
decontamination activities described in paragraph (3)(A) may
collect fees for such activities, but not higher than the level
sufficient to cover the costs of operation of inspection and
decontamination stations under this subsection.
``(7) Violations.--
``(A) In general.--Any person that launches or
attempts to launch a watercraft not in compliance with
strategies deployed under this subsection shall be
guilty of an infraction and shall be subject to a fine
in the amount provided in title 18, United States Code.
``(B) Other authorities.--Any fine imposed under this
paragraph shall be separate from penalties assessed
under any other authority.
``(8) Limitation.--The strategies deployed under paragraph
(2), including the specific elements required by paragraph (3),
may be modified if the Secretary of the Interior, in a
nondelegable capacity and in consultation with the Planning
Agency, the States of California and Nevada, and State and
local governments, issues a determination that alternative
measures will be no less effective at preventing introduction
of aquatic invasive species into Lake Tahoe.
``(9) Supplemental authority.--The authority under this
subsection is supplemental to all actions taken by non-Federal
regulatory authorities.
``(10) Savings clause.--Nothing in this title restricts,
affects, or amends any other law or the authority of any
department, instrumentality, or agency of the United States, or
any State or political subdivision thereof, respecting the
control of invasive species.''.
SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
Section 6 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2354) is amended to read as follows:
``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
``(a) Program Performance and Accountability.--
``(1) In general.--Of the amounts appropriated for a fiscal
year pursuant to the authorization of appropriations in
subsection (a) of section 12, as amended by section 8 of the
Lake Tahoe Restoration Act of 2015, not less than $150,000
shall be made available to the Secretary to carry out this
section.
``(2) Planning agency.--Of the amounts made available to the
Secretary under paragraph (1), not less than 50 percent shall
be made available to the Planning Agency to carry out the
program oversight, coordination, and outreach activities under
subsections (d) and (e).
``(b) Consultation.--In carrying out this Act, the Secretary, the
Administrator, and the Directors shall, as appropriate and in a timely
manner, consult with the heads of the Washoe Tribe, applicable Federal,
State, regional, county, and local governmental agencies, and the Lake
Tahoe Federal Advisory Committee.
``(c) Corps of Engineers; Interagency Agreements.--
``(1) In general.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical
assistance for forest management or invasive species control
activities.
``(2) Local cooperation agreements.--
``(A) In general.--Before providing technical
assistance under this section, the Assistant Secretary
shall enter into a local cooperation agreement with a
non-Federal interest to provide for the technical
assistance.
``(B) Components.--The agreement entered into under
subparagraph (A) shall--
``(i) describe the nature of the technical
assistance;
``(ii) describe any legal and institutional
structures necessary to ensure the effective
long-term viability of the end products by the
non-Federal interest; and
``(iii) include cost-sharing provisions in
accordance with subparagraph (C).
``(C) Federal share.--
``(i) In general.--The Federal share of
program costs under each local cooperation
agreement under this paragraph shall be 75
percent.
``(ii) Form.--The Federal share may be in the
form of reimbursements of program costs.
``(iii) Credit.--The non-Federal interest may
receive credit toward the non-Federal share for
the reasonable costs of related technical
activities completed by the non-Federal
interest before entering into a local
cooperation agreement with the Assistant
Secretary under this paragraph.
``(d) Public Outreach and Education.--
``(1) In general.--The Secretary, the Administrator, and the
Directors will coordinate with the Planning Agency to conduct
public education and outreach programs, including encouraging--
``(A) owners of land and residences in the Lake Tahoe
Basin to implement defensible space; and
``(B) 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.
``(2) 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 subsection.
``(3) Required coordination.--Public outreach and education
programs for aquatic invasive species under this subsection
shall--
``(A) be coordinated with county governments in the
Lake Tahoe Basin and Lake Tahoe Basin tourism and
business organizations; and
``(B) include provisions for the programs to extend
outside of the Lake Tahoe Basin.
``(e) Effectiveness Evaluating and Monitoring.--In carrying out this
Act, the Secretary, the Administrator, and the Directors, in
coordination with the Planning Agency and States of California and
Nevada, shall--
``(1) develop and implement a plan for integrated monitoring,
assessment, and applied research to evaluate the effectiveness
programs funded under this Act; and
``(2) include in each program funded under this section funds
for monitoring and assessment of results at the program
level.''.
SEC. 7. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS.
(a) Technical Correction.--Section 4(b)(3) of the Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat. 2353) is amended by
striking ``basin'' and inserting ``Basin''.
(b) Relationship to Other Laws.--Section 11 of the Lake Tahoe
Restoration Act (Public Law 106-506; 114 Stat. 2358) is amended by
inserting ``, Director, or Administrator'' after ``Secretary''.
(c) Tahoe Regional Planning Compact Update.--Paragraph (c) of Article
V of the Tahoe Regional Planning Compact included in the first section
of Public Law 96-551 (94 Stat. 3233) is amended by inserting after
``maintain the regional plan'' the following: ``and, in so doing, shall
ensure that the regional plan reflects changing economic conditions and
the economic effect of regulation on commerce''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 12 of the Lake Tahoe Restoration Act (Public Law 106-506; 114
Stat. 2358) is amended to read as follows:
``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $6,000,000 for each of fiscal years
2016 through 2025.
``(b) Source of Funds.--Amounts made available to carry out this Act
shall be derived from--
``(1) amounts appropriated pursuant to the authorization of
appropriations in subsection (a) and the amendment made by
section 7 of this Act; and
``(2) special use fees collected within the Lake Tahoe Basin
Management Unit and made available under subsection (c).
``(c) Additional Funding From Special Use Fees.--
``(1) Retention of certain fees.--
``(A) Deposit.--Fees collected for recreation and
non-recreation special uses within the Lake Tahoe Basin
Management Unit shall be deposited in a special fund in
the Treasury, which shall be available to the Secretary
as provided in subparagraph (B).
``(B) Availability and use.--Fees deposited under
subparagraph (A) shall be available to the Secretary,
in such amounts as may be provided in an Act making
appropriations for the Forest Service for a fiscal
year, for the purpose of providing additional funds to
carry out this Act in excess of amounts appropriated
pursuant to the authorization of appropriations in
subsection (a).
``(C) Obligation limit.--The obligation and
expenditure of fees deposited under subparagraph (A)
shall be subject to appropriation and such fiscal-year
limitation as may be specified in an Act making
appropriations for the Forest Service for a fiscal
year.
``(2) Use of retained fees.--
``(A) Fees collected for recreation special uses.--In
the case of fees collected for recreation special uses
within the Lake Tahoe Basin Management Unit that are
deposited under paragraph (1) and appropriated for a
fiscal year, the Secretary shall use the funds to
establish, maintain, and expand recreation
improvements, specifically existing and traditional
uses, within the Lake Tahoe Basin Management Unit,
including trails, facilities, activities,
interpretation, and on-the-ground presence of Forest
Service personnel.
``(B) Fees collected for non-recreation special
uses.--In the case of fees collected for non-recreation
special uses within the Lake Tahoe Basin Management
Unit that are deposited under paragraph (1) and
appropriated for a fiscal year, the Secretary shall use
the funds to support other activities authorized by
this Act.
``(3) Collaborative process.--The Secretary shall make
decisions under paragraph (2) regarding the use of fees
appropriated for a fiscal year through a collaborative process
with representatives from local governments, such as county
supervisors and county commissioners, with jurisdiction over
lands within the Lake Tahoe Basin Management Unit.
``(d) Effect on Other Funds.--Amounts made available to carry out
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.
``(e) Cost-Sharing Requirement.--Except as provided in subsection
(b)(3) of section 5 of this Act, as amended by section 5 of the Lake
Tahoe Restoration Act of 2015, funds for activities under section 5 of
this Act shall be available for obligation on a dollar-for-dollar basis
with funding of restoration activities in the Lake Tahoe Basin by the
States of California and Nevada.''.
SEC. 9. LAND CONVEYANCES TO IMPROVE MANAGEMENT EFFICIENCIES OF STATE
AND FEDERAL LANDS.
(a) California Conveyance.--Section 3(b) of Public Law 96-586 (94
Stat. 3384; commonly known as the Santini-Burton Act) is amended--
(1) by striking ``(b) Lands'' and inserting the following:
``(b) Administration of Acquired Land.--
``(1) In general.--Land''; and
(2) by adding at the end the following new paragraph:
``(2) Conveyance to california.--
``(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 of Agriculture--
``(i) may accept the offer; and
``(ii) not later than 180 days after the date
on which the Secretary receives acceptable
title to the non-Federal land described in
subparagraph (B)(i), convey to the State of
California, subject to valid existing rights
and for no consideration, all right, title, and
interest of the United States in and to the
Federal land that is acceptable to the State of
California.
``(B) Description of land.--
``(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) includes--
``(I) the approximately 1,981 acres
of land administered by the California
Tahoe Conservancy and identified on the
Maps as `Conservancy to the United
States Forest Service'; and
``(II) the approximately 187 acres of
land administered by California State
Parks and identified on the Maps as
`State Parks to the U.S. Forest
Service'.
``(ii) Federal land.--The Federal land
referred to in subparagraph (A) includes the
approximately 1,995 acres of Forest Service
land identified on the Maps as `U.S. Forest
Service to Conservancy and State Parks'.
``(C) Use of land.--The land conveyance authorized
under this paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies; and
``(ii) not result in any substantial
reduction in public access or reduction in
availability of existing and traditional public
recreation uses.
``(D) Continuation of special use permits.--The land
conveyance authorized under this paragraph shall be
subject to the condition that the State of California
accept all special use permits applicable, as of the
date of the enactment of this subparagraph, to the
National Forest System land described in subparagraph
(B)(ii) for the duration of such permits, and subject
to the terms and conditions of such permits.''.
(b) Nevada Conveyance.--Section 3(b) of Public Law 96-586 (94 Stat.
3384; commonly known as the Santini-Burton Act) is further amended by
inserting after paragraph (2), as added by subsection (a)(2), the
following new paragraph:
``(3) Conveyance to nevada.--
``(A) In general.--At the request of the State of
Nevada, the Secretary of Agriculture may convey,
without consideration, the land or interests in land
described in subparagraph (B) to the State, subject to
appropriate deed restrictions to protect public access
and existing or traditional public recreational uses of
the conveyed land.
``(B) Description of land.--The land referred to in
subparagraph (A) includes the approximately 39 acres of
National Forest System land identified on the map
entitled `State of Nevada Conveyances' as `Van Sickle
Unit USFS Inholding'.
``(C) Use of land.--The land conveyance authorized
under this paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies; and
``(ii) not result in any substantial
reduction in public access or reduction in
availability of existing and traditional public
recreation uses.
``(D) Continuation of special use permits.--The land
conveyance authorized under this paragraph shall be
subject to the condition that the State of Nevada
accept all special use permits applicable, as of the
date of the enactment of this subparagraph, to the
National Forest System land described in subparagraph
(B) for the duration of such permits, and subject to
the terms and conditions of such permits.''.
(c) Authorization for Conveyance of Forest Service Urban Lots.--
(1) Conveyance authority.--The Secretary of Agriculture is
authorized to convey all urban lots within the Lake Tahoe Basin
under the administrative jurisdiction of the Forest Service.
(2) Consideration.--A conveyance under the authority of
paragraph (1) shall require consideration in an amount equal to
the fair-market value of the conveyed lot.
(3) Availability and use.--The proceeds from conveyances
under paragraph (1) shall be retained by the Secretary of
Agriculture and used for the purpose of--
(A) purchasing inholdings throughout the Lake Tahoe
Basin; or
(B) providing additional funds to carry out the Lake
Tahoe Restoration Act (Public Law 106-506) in excess of
amounts appropriated pursuant to the authorization of
appropriations in section 12 of such Act, as amended by
section 8 of this Act.
(4) Obligation limit.--The obligation and expenditure of
proceeds retained under this subsection shall be subject to
such fiscal-year limitation as may be specified in an Act
making appropriations for the Forest Service for a fiscal year.
(5) Inholding defined.--In paragraph (3)(A), the term
``inholding'' means a parcel of land that is surrounded on all
sides by Federal land.
SEC. 10. MODIFICATION OF LAND ACQUISITION AUTHORITY UNDER SANTINI-
BURTON ACT AND SOUTHERN NEVADA PUBLIC LAND
MANAGEMENT ACT OF 1998.
(a) Additional Land Acquisition Criteria.--Section 3(a)(1) of Public
Law 96-586 (94 Stat. 3383; commonly known as the Santini-Burton Act) is
amended by adding before the period at the end of the first sentence
the following: ``and, with respect to any land acquisition under this
section within the Lake Tahoe Basin Management Unit that is proposed
after the date of the enactment of the Lake Tahoe Restoration Act of
2015, which will provide critical access for recreational use and
resolve significant inholding issues in that a parcel of land to be
acquired is wholly surrounded by Federal land''.
(b) Consent of Local Government Required.--Section 3(a) of Public Law
96-586 (94 Stat. 3383; commonly known as the Santini-Burton Act) is
amended by adding at the end the following new paragraph:
``(6) Consent of local government required.--With respect to
any land acquisition under this section within the Lake Tahoe
Basin Management Unit that is proposed after the date of the
enactment of the Lake Tahoe Restoration Act of 2015, the
Secretary of Agriculture shall obtain the consent of the
government of the county within the boundaries of which the
land is located before executing the land acquisition.''.
(c) Administrative Expenses.--Section 3 of Public Law 96-586 (94
Stat. 3383; commonly known as the Santini-Burton Act) is amended by
adding at the end the following new subsection:
``(h) Administrative Expenses Related to Land Adjustments.--Amounts
appropriated pursuant to the authorization of appropriations in
subsection (g) shall be available to the Secretary of Agriculture to
cover staffing costs and related expenses incurred to accomplish land
adjustments in the Lake Tahoe Basin Management Unit to create more
efficient land management patterns.''.
(d) Conforming Amendments to Southern Nevada Public Land Management
Act of 1998.--Section 5(a) of the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat. 2347) is amended
by adding at the end the following new paragraph:
``(4) Additional requirements related to acquisitions in lake
tahoe basin management unit.--With respect to any land
acquisition under this subsection within the Lake Tahoe Basin
Management Unit that is proposed after the date of the
enactment of the Lake Tahoe Restoration Act of 2015, the
Secretary of Agriculture shall, before executing the land
acquisition--
``(A) obtain the consent of each county within whose
boundaries the parcel of land is located; and
``(B) certify that, in addition to being
environmentally sensitive land, the parcel of land will
provide critical access for recreational use and
resolve significant inholding issues in that the parcel
is wholly surrounded by National Forest System land.''.
SEC. 11. AVAILABILITY OF CATEGORICAL EXCLUSION FOR LAKE TAHOE HERBICIDE
APPLICATIONS TO CONTROL CERTAIN AQUATIC WEEDS.
(a) Finding.--Congress finds that ongoing efforts to eradicate
Eurasian watermilfoil and curlyleaf pondweed in Lake Tahoe, using
mechanical methods has had only limited success, threatening the rest
of Lake Tahoe with the spread of these non-native aquatic invasive
plants.
(b) Availability of Categorical Exclusion.--Any project to be
conducted by the Tahoe Regional Planning Agency that will use a
registered herbicide to eradicate Eurasian watermilfoil and curlyleaf
pondweed from the south end of Lake Tahoe, known as the Lake Tahoe
Keys, is categorically excluded from the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(c) Registered Herbicide Defined.--In this section, the term
``registered herbicide'' means a herbicide that is approved by the
United States Environmental Protection Agency and the California
Environmental Protection Agency for aquatic use.
Purpose of the Bill
The purpose of H.R. 3382 is to amend the Lake Tahoe
Restoration Act to enhance recreational opportunities,
environmental restoration activities, and forest management
activities in the Lake Tahoe Basin.
Background and Need for Legislation
The Lake Tahoe Basin is an administrative unit managed by
the U.S. Forest Service. Since its creation in 2000, the forest
surrounding the Lake has become overgrown and in an
increasingly fire-prone state. The decade between 2000-2010
showed a large increase in forest acres burned compared to
previous decades. For example, the 2007 Angora Fire burned 254
residences and 75 commercial buildings and 3,100 acres, an
alarming example of the danger that lurks in the forests
surrounding Lake Tahoe.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Ash and debris from wildfires ultimately end up in the
water, damaging watershed health and aquatic wildlife. This
legislation addresses the need for significant active
management to reduce the risk of wildfire in this world class
setting. The bill addresses many forest health issues by
expediting urgently needed forest management through the use of
a 3,000 acre categorical13 exclusion under the National
Environmental Policy Act.
The bill seeks to enhance visitor experiences by
authorizing Lake Tahoe Basin managers to focus on improving
recreation opportunities when evaluating management decisions.
The bill also seeks to help land managers more efficiently
manage the land by authorizing land exchanges to remove a
patchwork of ownership that exists. The bill also promotes more
coordination with local governments by requiring the Forest
Service to consult with localities when evaluating the possible
acquisition of new land.
Finally, H.R. 3382 authorizes $8.7 million in annual
supplemental funding from both appropriated dollars and
receipts generated within the Basin to augment the existing
forest budget. These supplemental funds would be used for
active forest management to reduce the risk of catastrophic
wildfire, provide for recreation improvements and increase
staffing.
Committee Action
H.R. 3382 was introduced on July 29, 2015, by Congressman
Tom McClintock (R-CA). The bill was referred to the Committee
on Natural Resources, and in addition to the Committees on
Agriculture and Transportation and Infrastructure. Within the
Natural Resources Committee, the bill was referred to the
Subcommittee on Federal Lands and the Subcommittee on Water,
Power and Oceans. On October 7, 2015, the Natural Resources
Committee met to consider the bill. The Subcommittees were
discharged by unanimous consent. Congressman McClintock offered
an amendment designated .001; it was adopted by voice vote. No
further amendments were offered and the bill, as amended, was
ordered favorably reported on October 8, 2015, by a roll call
vote of 21 to 16, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 3382--Lake Tahoe Restoration Act of 2015
Summary: H.R. 3382 would authorize the appropriation of $6
million a year through 2025 to carry out activities related to
protecting the ecological health of the Lake Tahoe Basin in
California and Nevada. Most of those funds would be used to
reduce risks posed by fires and invasive species. The bill also
would authorize the Secretary of Agriculture to convey certain
parcels of federal land.
Assuming appropriation of the amounts authorized in the
bill, CBO estimates that implementing H.R. 3382 would cost $29
million over the 2016-2020 period and an additional $30 million
after 2020. Enacting the legislation would increase offsetting
receipts from land sales, which are treated as reductions in
direct spending, by $64 million over the 10-year period and
revenues from civil penalties by an insignificant amount.
Because enacting the bill would affect direct spending and
revenues, pay-as-you-go procedures apply.
CBO estimates that enacting H.R. 3382 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 3382 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act
(UMRA) on owners and operators of watercraft launched in the
waters of the Lake Tahoe Basin. It also would impose a private-
sector mandate on individuals seeking judicial review of some
forest management activities on federal lands. CBO estimates
that the cost of the mandates would fall below the annual
thresholds established in UMRA for intergovernmental and
private-sector mandates ($77 million and $154 million in 2015,
respectively, adjusted annually for inflation).
Estimated cost to the Federal Government; The estimated
budgetary effect of H.R. 3382 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--
-------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................. 0 0 -8 -8 -8 -8 -8 -8 -8 -8 -24 -64
Estimated Outlays........................................... 0 0 -8 -8 -8 -8 -8 -8 -8 -8 -24 -64
CHANGES IN REVENUES
Estimated Revenues.......................................... * * * * * * * * * * * *
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level......................................... 6 6 6 6 6 6 6 6 6 6 30 60
Estimated Outlays........................................... 5 6 6 6 6 6 6 6 6 6 29 59
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and the authorized amounts
will be appropriated each fiscal year. Estimated outlays are
based on historical spending patterns for similar activities.
Changes in direct spending and revenues
CBO estimates that enacting H.R. 3382 would increase
offsetting receipts, which are treated as reductions in direct
spending, by $64 million over the 2018-2025 period. Those
receipts would stem from provisions in the bill that would
authorize the sale of certain parcels of federal land near Lake
Tahoe. Other provisions in the bill would have negligible net
effects on direct spending and revenues.
Land Conveyances. Section 9 would authorize the Secretary
of Agriculture to sell up to 3,500 acres of federal land
located in populated areas near Lake Tahoe. CBO estimates that
the value of the affected lands could range from $300,000 per
acre to several million dollars per acre. On average, we expect
that the land would sell for about $800,000 an acre. Based on
information regarding the number of parcels sold by other
agencies with similar authority to sell lands, CBO estimates
that, if the agency elected to sell the affected lands, it
would dispose of about 20 acres a year beginning in 2018 and
collect proceeds totaling $16 million annually. However, CBO
expects that the agency would be equally likely to retain or
exchange the affected lands rather than sell them. Applying a
probability distribution to those scenarios, CBO estimates that
enacting section 9 would increase offsetting receipts by $8
million a year over the 2018-2025 period (or 50 percent of the
potential proceeds).
Section 9 also would authorize the Secretary to convey
about 2,000 acres of federal lands to the state of California
in exchange for a similar amount of state-owned lands. The
affected federal lands comprise a portion of the lands
mentioned in the previous paragraph that could be sold under
the bill. The bill also would authorize the Secretary to
convey, without consideration, about 40 acres of federal lands
in Nevada to that state. Because none of the affected lands are
expected to generate receipts over the next ten years under
current law, CBO estimates that conveying the affected lands
would not affect direct spending.
Inspection Fees and Penalties. Section 5 would require the
U.S. Fish and Wildlife Service (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 certify nonfederal entities to operate inspection
and decontamination stations within the basin. The bill also
would allow entities 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 and other local entities to conduct inspections
and collect fees under the bill. Thus, we estimate that
enacting that provision would have no significant effect on the
federal budget.
Section 5 also would establish civil penalties of less than
$5,000 per infraction 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 in the general fund of the U.S.
Treasury. Based on information from the USFWS, CBO estimates
that annual revenues from those civil penalties would not be
significant.
Cooperative Agreements. Section 4 would authorize the
Secretary to enter into agreements with states to conduct
forest management activities, including fuel reduction
activities, in the Lake Tahoe Basin. The bill would allow the
Secretary to retain any proceeds from the sale of any
commercial products harvested under those agreements, which CBO
expects would consist primarily of timber. Amounts retained
could not be spent until the Congress appropriated those funds.
CBO expects that any activities carried out using cooperative
agreements would replace work that the agency would have
conducted under current law. Because, under current law, a
portion of receipts collected from those activities would be
spent, CBO estimates that enacting this provision would reduce
direct spending; however, based on information regarding total
receipts from activities within the basin, we estimate that any
such effect would be negligible.
Legal Challenges. Section 4 also would prohibit any person
seeking to challenge a forest management activity from
obtaining a restraining order or injunction that would prevent
or delay the performance of the activity. Because under current
law those activities, some of which may generate offsetting
receipts, could be stopped or delayed, enacting this provision
could affect the timing and amount of offsetting receipts
collected by the Forest Service. However, based on information
regarding the amount of receipts generated by forest management
activities in the basin and the number of court challenges that
affect such activities, CBO estimates that any effect on
offsetting receipts would be negligible.
Spending subject to appropriation
Section 8 would authorize the appropriation of $6 million a
year over the 2016-2025 period for several agencies, including
the Forest Service, the USFWS, the Environmental Protection
Agency, and the U.S. Army Corps of Engineers, to promote the
ecological health of the Lake Tahoe Basin. CBO estimates that
implementing the bill would cost $29 million over the 2016-2020
period and $30 million after 2020, assuming appropriation of
the authorized amounts.
Of the amounts authorized under section 8, roughly $4
million would be available annually for the Forest Service to
carry out activities to reduce the risk of fire and to restore
areas in the basin damaged by fire. An additional $1 million
would be available each year to support USFWS activities to
protect against invasive species. Finally, $150,000 a year
would be available to the Forest Service to oversee various
programs in the basin. The remaining funds would be available
to supplement the activities described above or to carry out
other activities under the Lake Tahoe Restoration Act.
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. The net changes in outlays and revenues that are
subject to those pay-as-you-go procedures are shown in the
following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3382, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON OCTOBER 8, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact.............................. 0 0 -8 -8 -8 -8 -8 -8 -8 -8 -24 -64
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long term direct spending and deficits: CBO
estimates that enacting H.R. 3382 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
Intergovernmental and private-sector impact: H.R. 3382
would impose an intergovernmental and private-sector mandate as
defined in UMRA on owners and operators of watercraft. It also
would impose a private-sector mandate on individuals seeking
judicial review of some forest management activities on federal
lands. CBO estimates that the cost of the mandates would fall
below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($77 million and
$154 million in 2015, respectively, adjusted annually for
inflation).
The bill would require owners and operators of watercraft
to submit their watercraft for inspection prior to launch in
waters of the Lake Tahoe Basin. Because the regional agency for
the Lake Tahoe Basin currently subjects watercraft to
inspection requirements, most owners and operators would
already be in compliance with the bill's requirements.
Therefore, CBO estimates that the cost to comply with the
mandate would be minimal.
Additionally, the bill would impose a private-sector
mandate by prohibiting plaintiffs from seeking a preliminary
injunction to temporarily stop activities, such as logging, on
federal lands near Lake Tahoe. The purpose of a preliminary
injunction is to protect a plaintiff from irreparable harm or
damage that would occur if the activity continued. The cost of
a mandate that eliminates a right to seek redress from harm is
the forgone value of monetary awards in such cases. Because
such awards would generally not occur for the types of cases
involved, CBO expects that the mandate would probably impose no
costs.
The bill also would benefit state, local, and tribal
governments in California and Nevada by authorizing federal
grants and technical assistance for fire prevention, forest
management activities, and environmental improvement projects
located in the Lake Tahoe Basin. Any associated costs,
including matching contributions, would be incurred
voluntarily.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: John Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. According to the
Congressional Budget Office, implementing this bill would cost
$29 million over 2016-2020, with an additional $30 million
after 2020, assuming appropriation of the authorized amounts.
However, enacting the bill would increase offsetting receipts
by $64 million over the 2016-2025 time period.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Lake Tahoe Restoration
Act to enhance recreational opportunities, environmental
restoration activities, and forest management activities in the
Lake Tahoe Basin.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates as defined under
Public Law 104-4.
Compliance With H. Res. 5
Directed Rule Making. The Chairman believes that this bill
does not direct an executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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 italics, and existing law in which no
change is proposed is shown in roman):
LAKE TAHOE RESTORATION ACT
* * * * * * *
[SEC. 2. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds that--
[(1) Lake Tahoe, one of the largest, deepest, and
clearest lakes in the world, has a cobalt blue color, a
unique alpine setting, and remarkable water clarity,
and is recognized nationally and worldwide as a natural
resource of special significance;
[(2) in addition to being a scenic and ecological
treasure, Lake Tahoe is one of the outstanding
recreational resources of the United States, offering
skiing, water sports, biking, camping, and hiking to
millions of visitors each year, and contributing
significantly to the economies of California, Nevada,
and the United States;
[(3) the economy in the Lake Tahoe basin is dependent
on the protection and restoration of the natural beauty
and recreation opportunities in the area;
[(4) Lake Tahoe is in the midst of an environmental
crisis; the Lake's water clarity has declined from a
visibility level of 105 feet in 1967 to only 70 feet in
1999, and scientific estimates indicate that if the
water quality at the Lake continues to degrade, Lake
Tahoe will lose its famous clarity in only 30 years;
[(5) sediment and algae-nourishing phosphorous and
nitrogen continue to flow into the Lake from a variety
of sources, including land erosion, fertilizers, air
pollution, urban runoff, highway drainage, streamside
erosion, land disturbance, and ground water flow;
[(6) methyl tertiary butyl ether--
[(A) has contaminated and closed more than
one-third of the wells in South Tahoe; and
[(B) is advancing on the Lake at a rate of
approximately 9 feet per day;
[(7) destruction of wetlands, wet meadows, and stream
zone habitat has compromised the Lake's ability to
cleanse itself of pollutants;
[(8) approximately 40 percent of the trees in the
Lake Tahoe basin are either dead or dying, and the
increased quantity of combustible forest fuels has
significantly increased the risk of catastrophic forest
fire in the Lake Tahoe basin;
[(9) as the largest land manager in the Lake Tahoe
basin, with 77 percent of the land, the Federal
Government has a unique responsibility for restoring
environmental health to Lake Tahoe;
[(10) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
[(A) congressional consent to the
establishment of the Tahoe Regional Planning
Agency in 1969 (Public Law 91-148; 83 Stat.
360) and in 1980 (Public Law 96-551; 94 Stat.
3233);
[(B) the establishment of the Lake Tahoe
Basin Management Unit in 1973; and
[(C) the enactment of Public Law 96-586 (94
Stat. 3381) in 1980 to provide for the
acquisition of environmentally sensitive land
and erosion control grants;
[(11) the President renewed the Federal Government's
commitment to Lake Tahoe in 1997 at the Lake Tahoe
Presidential Forum, when he committed to increased
Federal resources for environmental restoration at Lake
Tahoe and established the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
basin;
[(12) the States of California and Nevada have
contributed proportionally to the effort to protect and
restore Lake Tahoe, including--
[(A) expenditures--
[(i) exceeding $200,000,000 by the
State of California since 1980 for land
acquisition, erosion control, and other
environmental projects in the Lake
Tahoe basin; and
[(ii) exceeding $30,000,000 by the
State of Nevada since 1980 for the
purposes described in clause (i); and
[(B) the approval of a bond issue by voters
in the State of Nevada authorizing the
expenditure by the State of an additional
$20,000,000; and
[(13) significant additional investment from Federal,
State, local, and private sources is needed to stop the
damage to Lake Tahoe and its forests, and restore the
Lake Tahoe basin to ecological health.
[(b) Purposes.--The purposes of this Act are--
[(1) to enable the Forest Service to plan and
implement significant new environmental restoration
activities and forest management activities to address
the phenomena described in paragraphs (4) through (8)
of subsection (a) in the Lake Tahoe basin;
[(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to improve water quality and manage Federal land in the
Lake Tahoe Basin Management Unit; and
[(3) to provide funding to local governments for
erosion and sediment control projects on non-Federal
land if the projects benefit the Federal land.
[SEC. 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. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Lake Tahoe--
(A) is one of the largest, deepest, and
clearest fresh-water lakes in the world;
(B) has a distinctive cobalt blue color, a
biologically diverse alpine setting, and
remarkable water clarity; and
(C) is recognized as a natural resource of
special significance, so that even world-
traveler Mark Twain called Lake Tahoe the
``fairest picture the whole earth affords''.
(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 natural beauty and recreation opportunities of
Lake Tahoe and the surrounding area.
(4) Forests in the Lake Tahoe Basin suffer from over
a century of fire damage, periodic drought, and
mismanagement, 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.
(5) The establishment of several aquatic and
terrestrial invasive species (including perennial
pepperweed, milfoil, and Asian clam) threatens the
ecosystem of the Lake Tahoe Basin, and the likelihood
exists for the introduction and establishment of other
invasive species (such as yellow starthistle, New
Zealand mud snail, Zebra mussel, and quagga mussel).
(6) 75 percent of the land in the Lake Tahoe Basin is
administered by the Federal Government, which makes it
a Federal responsibility to significantly contribute to
the restoration of the ecological health of the Lake
Tahoe Basin.
(b) Purposes.--The purposes of this Act are as follows:
(1) To identify ways and pursue options to expand the
environmental threshold carrying capacity of the Lake
Tahoe Basin.
(2) To enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife
Service, and the Administrator, in cooperation with the
Planning Agency and the States of California and
Nevada, to fund, plan, and implement significant forest
management and invasive species control activities in
the Lake Tahoe Basin.
(3) To ensure that Federal, State, local, regional,
tribal, and private entities continue to work together
to manage lands and forests in the Lake Tahoe Basin.
(4) To support local governments in the Lake Tahoe
Basin in efforts related fire risk reduction and forest
management activities.
(5) To prioritize public recreational access to
public lands in the Lake Tahoe Basin.
(6) To ensure that management of Federal land and
forests in the Lake Tahoe Basin is conducted with the
understanding that--
(A) public forests are renewable assets that
should be managed, rather than neglected, and
that excess timber should be harvested to
generate continuing revenue for care of the
public's land, in accordance with a good
neighbor policy; and
(B) the Federal Government will defer to
local communities whenever possible with regard
to land acquisition and land regulations or
restrictions.
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 threshold carrying capacity.--The
term ``environmental threshold carrying capacity'' has
the meaning given the term in article II of the
Compact.
(7) 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).
(8) Forest management activity.--The term ``forest
management activity'' includes--
(A) prescribed burning for ecosystem health
and hazardous fuels reduction;
(B) mechanical treatments, including forest
thinning, sale of commercial timber and
firewood, and brush mastication;
(C) management of non-native, invasive
species;
(D) erosion control and water runoff
mitigation on land adversely impacted by
wildland fire; and
(E) other activities consistent with Forest
Service practices, as the Secretary determines
to be appropriate.
(9) Maps.--The term ``Maps'' means the maps dated
April 12, 2013, and entitled ``LTRA USFS-CA Land
Exchange/North Shore'', ``USFS-CA Land Exchange/West
Shore'', and ``USFS-CA Land Exchange/South Shore'',
which shall be on file and available for public
inspection in the appropriate offices of the Forest
Service, the California Tahoe Conservancy, and the
California Department of Parks and Recreation.
(10) 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).
(11) Planning agency.--The term ``Planning Agency''
means the Tahoe Regional Planning Agency established
under Public Law 91-148 (83 Stat. 360) and Public Law
96-551 (94 Stat. 3233).
(12) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
(13) Watercraft.--The term ``watercraft'' means
motorized and non-motorized watercraft that are capable
of harboring an invasive species.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
(a) In General.--The Lake Tahoe Basin Management Unit shall
be administered by the Secretary in accordance with this Act
and the laws applicable to the National Forest System.
(b) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act
grants regulatory authority to the Secretary over
private or other non-Federal land.
(2) Planning agency.--Nothing in this Act affects or
increases the authority of the Planning Agency.
(3) Acquisition under other law.--Nothing in this Act
affects the authority of the Secretary to acquire land
from willing sellers in the Lake Tahoe [basin] Basin
under any other law.
(c) Forest Management Activities.--
(1) Coordination.--For the purpose of increasing
efficiencies and maximizing the compatibility of
management practices across public property boundaries,
in conducting forest management activities in the Lake
Tahoe Basin Management Unit, the Secretary shall
coordinate, as appropriate, with--
(A) the Administrator;
(B) State and local agencies; and
(C) county governments, local governments,
and local fire departments.
(2) Multiple benefits.--In conducting forest
management activities in the Lake Tahoe Basin
Management Unit, the Secretary shall conduct the
activities in a manner that--
(A) except as provided in paragraph (3),
promotes multiple management benefits,
including--
(i) reducing forest fuels;
(ii) enhancing and seeking ways to
increase recreational opportunities;
(iii) preserving existing and
traditional uses;
(iv) producing a sustainable yield of
natural resource production; and
(v) allowing for economic
development; and
(B) helps achieve, maintain, and identify
ways to expand the environmental threshold
carrying capacities established by the Planning
Agency.
(3) Cost-benefit determination.--Notwithstanding
paragraph (2)(A), the promotion of multiple management
benefits shall not be required if the Secretary
determines that management for multiple benefits would
excessively increase the cost of a program in relation
to the additional benefits gained from the management
activity. The Secretary shall make each cost-benefit
determination made under this paragraph publicly
available.
(4) Availability of categorical exclusion for certain
forest management projects.--A forest management
activity conducted in the Lake Tahoe Basin Management
Unit for the purpose of reducing forest fuels is
categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) if the forest management activity--
(A) notwithstanding section 423 of the
Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2009
(division E of Public Law 111-8; 123 Stat.
748), does not exceed 10,000 acres, including
no more than 3,000 acres of mechanical
thinning;
(B) is developed--
(i) in coordination with impacted
parties, specifically including
representatives of local governments,
such as county supervisors or county
commissioners; and
(ii) in consultation with other
interested parties; and
(C) is consistent with the Lake Tahoe Basin
Management Unit land and resource management
plan.
(d) Arbitration Process.--
(1) In general.--Any challenge to a forest management
activity in the Lake Tahoe Basin Management Unit shall
be addressed using arbitration consistent with this
subsection.
(2) Who may seek.--Any person who sought
administrative review for the forest management
activity and who is not satisfied with the decision
made under the administrative review process may file a
demand for arbitration regarding the covered active
management project in accordance with chapter 1 of
title 9, United States Code. The demand for arbitration
under paragraph (1) shall--
(A) be filed not more than 15 days after the
date on which the administrative review
decision was issued; and
(B) include a proposal describing the
modifications sought to the forest management
activity.
(3) Intervening parties.--Not later than 15 days
after the date on which the demand for arbitration was
filed, any person that submitted a public comment on
the forest management activity subject to arbitration
may intervene in the arbitration--
(A) by endorsing the activity or the
modification proposal; or
(B) by submitting a proposal to further
modify the activity.
(4) Appointment of arbitrator.--The United States
District Court in the district in which the forest
management activity is located shall appoint the
arbitrator to conduct the arbitration proceedings in
accordance with this subsection and chapter 1 of title
9, United States Code.
(5) Selection of proposals.--
(A) In general.--Within 30 days after
appointment under paragraph (1), the arbitrator
shall determine whether the proposal submitted
by an objector or an intervening party or the
forest management activity as approved by the
Secretary best meets the purpose and needs
described in the environmental analysis
conducted, in accordance with this Act, for the
forest management activity.
(B) Modification prohibited.--The arbitrator
appointed under paragraph (4) may not modify
any of the proposals submitted with the demand
for arbitration or a request to intervene.
(6) Effect of decision.--The decision of an
arbitrator with respect to the forest management
activity--
(A) shall not be considered a major Federal
action; and
(B) shall be binding.
(7) Prohibition on restraining orders, preliminary
injunctions, and injunctions pending appeal.--No
restraining order, preliminary injunction, or
injunction pending appeal shall be issued by an
appellate court of the United States with respect to
the decision of an arbitrator with respect to the
forest management activity.
(e) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities and identify and
pursue the means to expand those capacities.
(f) Cooperative Authorities.--
(1) In general.--During fiscal years 2016 through
2020, the Secretary, in conjunction with land
adjustment programs, may enter into contracts and
cooperative agreements with States, units of local
government, and other public and private entities to
provide for fuel reduction, erosion control,
reforestation, and similar management activities on
Federal land and non-Federal land within the programs.
(2) Extended duration of stewardship contracts.--
Notwithstanding subsection (d)(3) of section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c), an agreement or contract under such section for
stewardship contracting projects to be carried out
within the Lake Tahoe Basin Management Unit may be for
a term in excess of 10 years, but not to exceed 20
years.
(g) Commercial Product Receipts.--
(1) Retention.--The Secretary shall retain any
commercial product receipts generated as part of forest
management activities or cooperative activities
conducted in the Lake Tahoe Basin Management Unit under
subsection (c) or (g), other than stewardship contracts
described in subsection (g)(2).
(2) Availability and use.--Receipts retained under
paragraph (1) shall be available to the Secretary for
the purpose of funding additional forest management
activities and cooperative activities, developed
through a collaborative process with representatives
from local governments with jurisdiction over lands
within the Lake Tahoe Basin Management Unit.
(3) Obligation limit.--The obligation and expenditure
of receipts retained under this subsection shall be
subject to such fiscal-year limitation as may be
specified in an Act making appropriations for the
Forest Service for a fiscal year.
[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 the
enactment of this Act, the Secretary shall develop a priority
list of potential or proposed environmental restoration
projects for the Lake Tahoe Basin Management Unit.
[(b) Development of Priority List.--In developing the
priority list, the Secretary shall--
[(1) use the best available science, including any
relevant findings and recommendations of the watershed
assessment conducted by the Forest Service in the Lake
Tahoe basin; and
[(2) include, in order of priority, potential or
proposed environmental restoration projects in the Lake
Tahoe basin that--
[(A) are included in or are consistent with
the environmental improvement program adopted
by the Planning Agency in February 1998 and
amendments to the program;
[(B) would help to achieve and maintain the
environmental threshold carrying capacities
for--
[(i) air quality;
[(ii) fisheries;
[(iii) noise;
[(iv) recreation;
[(v) scenic resources;
[(vi) soil conservation;
[(vii) forest health;
[(viii) water quality; and
[(ix) wildlife.
[(c) Focus in Determining Order of Priority.--In determining
the order of priority of potential and proposed environmental
restoration projects under subsection (b)(2), the focus shall
address projects (listed in no particular order) involving--
[(1) erosion and sediment control, including the
activities described in section 2(g) of Public Law 96-
586 (94 Stat. 3381) (as amended by section 7 of this
Act);
[(2) the acquisition of environmentally sensitive
land from willing sellers--
[(A) using funds appropriated from the land
and water conservation fund established under
section 2 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-5); or
[(B) under the authority of Public Law 96-586
(94 Stat. 3381);
[(3) fire risk reduction activities in urban areas
and urban-wildland interface areas, including high
recreational use areas and urban lots acquired from
willing sellers under the authority of Public Law 96-
586 (94 Stat. 3381);
[(4) cleaning up methyl tertiary butyl ether
contamination; and
[(5) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
[(A) improvement of public access to the Lake
Tahoe basin, including the promotion of
alternatives to the private automobile;
[(B) the Highway 28 and 89 corridors and
parking problems in the area; and
[(C) cooperation with local public
transportation systems, including--
[(i) the Coordinated Transit System;
and
[(ii) public transit systems on the
north shore of Lake Tahoe.
[(d) Monitoring.--The Secretary shall provide for continuous
scientific research on and monitoring of the implementation of
projects on the priority list, including the status of the
achievement and maintenance of environmental threshold carrying
capacities.
[(e) Consistency With Memorandum of Understanding.--A project
on the priority list shall be conducted in accordance with the
memorandum of understanding signed by the Forest Supervisor and
the Planning Agency on November 10, 1989, including any
amendments to the memorandum as long as the memorandum remains
in effect.
[(f)) Review of Priority List.--Periodically, but not less
often than every 3 years, the Secretary shall--
[(1) review the priority list;
[(2) consult with--
[(A) the Tahoe Regional Planning Agency;
[(B) interested political subdivisions; and
[(C) the Lake Tahoe Water Quality and
Transportation Coalition;
[(3) make any necessary changes with respect to--
[(A) the findings of scientific research and
monitoring in the Lake Tahoe basin;
[(B) any change in an environmental threshold
as determined by the Planning Agency; and
[(C) any change in general environmental
conditions in the Lake Tahoe basin; and
[(4) submit to Congress a report on any changes made.
[(g) Cleanup of Hydrocarbon Contamination.--
[(1) In general.--The Secretary shall, subject to the
availability of appropriations, make a payment of
$1,000,000 to the Tahoe Regional Planning Agency and
the South Tahoe Public Utility District to develop and
publish a plan, not later than 1 year after the date of
the enactment of this Act, for the prevention and
cleanup of hydrocarbon contamination (including
contamination with MTBE) of the surface water and
ground water of the Lake Tahoe basin.
[(2) Consultation.--In developing the plan, the Tahoe
Regional Planning Agency and the South Tahoe Public
Utility District shall consult with the States of
California and Nevada and appropriate political
subdivisions.
[(3) Willing sellers.--The plan shall not include any
acquisition of land or an interest in land except an
acquisition from a willing seller.
[(h) Authorization of Appropriations.--There is authorized to
be appropriated, for the implementation of projects on the
priority list and the payment identified in subsection (g),
$20,000,000 for the first fiscal year that begins after the
date of the enactment of this Act and for each of the 9 fiscal
years thereafter.]
SEC. 5. AUTHORIZED PROGRAMS.
(a) In General.--The Secretary, the Assistant Secretary, the
Directors, and the Administrator, in coordination with the
Planning Agency and the States of California and Nevada, may
carry out or provide financial assistance to any program
described in subsection (b) or (c).
(b) Fire Risk Reduction and Forest Management.--
(1) In general.--Of the amounts appropriated for a
fiscal year pursuant to the authorization of
appropriations in subsection (a) of section 12, as
amended by section 8 of the Lake Tahoe Restoration Act
of 2015, not less than $4,400,000 shall be made
available to the Secretary to carry out, including by
making grants, the following programs:
(A) The Lake Tahoe Basin Multi-Jurisdictional
Fuel Reduction and Wildfire Prevention Strategy
10-Year Plan.
(B) 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 plan
referred to in subparagraph (A).
(C) Restoration activities related to any
residual or future wildfire damage.
(D) Washoe Tribe fire risk reduction and
forest management programs on tribal lands
within the Lake Tahoe Basin.
(E) Development of an updated Lake Tahoe
Basin multijurisdictional fuel reduction and
wildfire prevention strategy, consistent with
the requirement that forest management
activities in the Lake Tahoe Basin promote
multiple management benefits as described in
section 4(c) of this Act (as added by section 4
of the Lake Tahoe Restoration Act of 2015).
(F) Development of updated community wildfire
protection plans by local fire districts.
(2) Priority.--Units of local government in the Lake
Tahoe Basin that have dedicated funding for inspections
and enforcement of defensible space regulations shall
be given priority for amounts provided under this
subsection.
(3) Cost-sharing requirements.--
(A) In general.--As a condition on the
receipt of funds, communities or local fire
districts that receive funds under this
subsection shall provide a 25-percent match.
(B) Form of non-federal share.--
(i) In general.--The non-Federal
share required under subparagraph (A)
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 subparagraph (A) any dedicated
funding of the communities or local
fire districts for a fuels reduction
management program, defensible space
inspections, or dooryard chipping.
(C) Documentation.--Communities and local
fire districts shall--
(i) maintain a record of in-kind
contributions that describes--
(I) the monetary value of the
in-kind contributions; and
(II) the manner in which the
in-kind contributions assist in
accomplishing project goals and
objectives; and
(ii) 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.
(c) Invasive Species Management.--
(1) In general.--Of the amounts appropriated for a
fiscal year pursuant to the authorization of
appropriations in subsection (a) of section 12, as
amended by section 8 of the Lake Tahoe Restoration Act
of 2015, not less than $800,000 shall be transferred to
the Director of the United States Fish and Wildlife
Service for the Aquatic Invasive Species Program and
for the watercraft inspections and decontaminations
described in paragraph (2).
(2) Description of activities.--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 and spread of aquatic
invasive species into the Lake Tahoe Basin.
(3) Required elements of strategies.--The strategies
referred to in paragraph (2) shall provide for the
following:
(A) Combined inspection and decontamination
stations shall be established in the Lake Tahoe
Basin. As provided in paragraph (4), these
stations may be operated by the States of
California and Nevada, local governments, or
private entities.
(B) Watercraft shall not be allowed to launch
in waters of the Lake Tahoe Basin unless the
watercraft has been inspected in accordance
with the Lake Tahoe Aquatic Invasive Species
Management Plan.
(4) Certification.--The Planning Agency shall certify
the State of California, the State of Nevada, local
agencies, or private entities to perform inspection and
decontamination activities described in paragraph
(3)(A) at locations inside or outside the Lake Tahoe
Basin if such activities are conducted in a manner
consistent with the standards established by this
subsection.
(5) Applicability.--The strategies developed under
this subsection shall apply to all watercraft to be
launched on water within the Lake Tahoe Basin.
(6) Fees.--An entity performing inspection and
decontamination activities described in paragraph
(3)(A) may collect fees for such activities, but not
higher than the level sufficient to cover the costs of
operation of inspection and decontamination stations
under this subsection.
(7) Violations.--
(A) In general.--Any person that launches or
attempts to launch a watercraft not in
compliance with strategies deployed under this
subsection shall be guilty of an infraction and
shall be subject to a fine in the amount
provided in title 18, United States Code.
(B) Other authorities.--Any fine imposed
under this paragraph shall be separate from
penalties assessed under any other authority.
(8) Limitation.--The strategies deployed under
paragraph (2), including the specific elements required
by paragraph (3), may be modified if the Secretary of
the Interior, in a nondelegable capacity and in
consultation with the Planning Agency, the States of
California and Nevada, and State and local governments,
issues a determination that alternative measures will
be no less effective at preventing introduction of
aquatic invasive species into Lake Tahoe.
(9) Supplemental authority.--The authority under this
subsection is supplemental to all actions taken by non-
Federal regulatory authorities.
(10) Savings clause.--Nothing in this title
restricts, affects, or amends any other law or the
authority of any department, instrumentality, or agency
of the United States, or any State or political
subdivision thereof, respecting the control of invasive
species.
SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.
(a) Program Performance and Accountability.--
(1) In general.--Of the amounts appropriated for a
fiscal year pursuant to the authorization of
appropriations in subsection (a) of section 12, as
amended by section 8 of the Lake Tahoe Restoration Act
of 2015, not less than $150,000 shall be made available
to the Secretary to carry out this section.
(2) Planning agency.--Of the amounts made available
to the Secretary under paragraph (1), not less than 50
percent shall be made available to the Planning Agency
to carry out the program oversight, coordination, and
outreach activities under subsections (d) and (e).
(b) Consultation.--In carrying out this Act, the Secretary,
the Administrator, and the Directors shall, as appropriate and
in a timely manner, consult with the heads of the Washoe Tribe,
applicable Federal, State, regional, county, and local
governmental agencies, and the Lake Tahoe Federal Advisory
Committee.
(c) Corps of Engineers; Interagency Agreements.--
(1) In general.--The Assistant Secretary may enter
into interagency agreements with non-Federal interests
in the Lake Tahoe Basin to use Lake Tahoe Partnership-
Miscellaneous General Investigations funds to provide
programmatic technical assistance for forest management
or invasive species control activities.
(2) Local cooperation agreements.--
(A) In general.--Before providing technical
assistance under this section, the Assistant
Secretary shall enter into a local cooperation
agreement with a non-Federal interest to
provide for the technical assistance.
(B) Components.--The agreement entered into
under subparagraph (A) shall--
(i) describe the nature of the
technical assistance;
(ii) describe any legal and
institutional structures necessary to
ensure the effective long-term
viability of the end products by the
non-Federal interest; and
(iii) include cost-sharing provisions
in accordance with subparagraph (C).
(C) Federal share.--
(i) In general.--The Federal share of
program costs under each local
cooperation agreement under this
paragraph shall be 75 percent.
(ii) Form.--The Federal share may be
in the form of reimbursements of
program costs.
(iii) Credit.--The non-Federal
interest may receive credit toward the
non-Federal share for the reasonable
costs of related technical activities
completed by the non-Federal interest
before entering into a local
cooperation agreement with the
Assistant Secretary under this
paragraph.
(d) Public Outreach and Education.--
(1) In general.--The Secretary, the Administrator,
and the Directors will coordinate with the Planning
Agency to conduct public education and outreach
programs, including encouraging--
(A) owners of land and residences in the Lake
Tahoe Basin to implement defensible space; and
(B) 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.
(2) 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 subsection.
(3) Required coordination.--Public outreach and
education programs for aquatic invasive species under
this subsection shall--
(A) be coordinated with county governments in
the Lake Tahoe Basin and Lake Tahoe Basin
tourism and business organizations; and
(B) include provisions for the programs to
extend outside of the Lake Tahoe Basin.
(e) Effectiveness Evaluating and Monitoring.--In carrying out
this Act, the Secretary, the Administrator, and the Directors,
in coordination with the Planning Agency and States of
California and Nevada, shall--
(1) develop and implement a plan for integrated
monitoring, assessment, and applied research to
evaluate the effectiveness programs funded under this
Act; and
(2) include in each program funded under this section
funds for monitoring and assessment of results at the
program level.
* * * * * * *
SEC. 11. 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. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this Act $6,000,000 for each of
fiscal years 2016 through 2025.
(b) Source of Funds.--Amounts made available to carry out
this Act shall be derived from--
(1) amounts appropriated pursuant to the
authorization of appropriations in subsection (a) and
the amendment made by section 7 of this Act; and
(2) special use fees collected within the Lake Tahoe
Basin Management Unit and made available under
subsection (c).
(c) Additional Funding From Special Use Fees.--
(1) Retention of certain fees.--
(A) Deposit.--Fees collected for recreation
and non-recreation special uses within the Lake
Tahoe Basin Management Unit shall be deposited
in a special fund in the Treasury, which shall
be available to the Secretary as provided in
subparagraph (B).
(B) Availability and use.--Fees deposited
under subparagraph (A) shall be available to
the Secretary, in such amounts as may be
provided in an Act making appropriations for
the Forest Service for a fiscal year, for the
purpose of providing additional funds to carry
out this Act in excess of amounts appropriated
pursuant to the authorization of appropriations
in subsection (a).
(C) Obligation limit.--The obligation and
expenditure of fees deposited under
subparagraph (A) shall be subject to
appropriation and such fiscal-year limitation
as may be specified in an Act making
appropriations for the Forest Service for a
fiscal year.
(2) Use of retained fees.--
(A) Fees collected for recreation special
uses.--In the case of fees collected for
recreation special uses within the Lake Tahoe
Basin Management Unit that are deposited under
paragraph (1) and appropriated for a fiscal
year, the Secretary shall use the funds to
establish, maintain, and expand recreation
improvements, specifically existing and
traditional uses, within the Lake Tahoe Basin
Management Unit, including trails, facilities,
activities, interpretation, and on-the-ground
presence of Forest Service personnel.
(B) Fees collected for non-recreation special
uses.--In the case of fees collected for non-
recreation special uses within the Lake Tahoe
Basin Management Unit that are deposited under
paragraph (1) and appropriated for a fiscal
year, the Secretary shall use the funds to
support other activities authorized by this
Act.
(3) Collaborative process.--The Secretary shall make
decisions under paragraph (2) regarding the use of fees
appropriated for a fiscal year through a collaborative
process with representatives from local governments,
such as county supervisors and county commissioners,
with jurisdiction over lands within the Lake Tahoe
Basin Management Unit.
(d) Effect on Other Funds.--Amounts made available to carry
out 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.
(e) Cost-Sharing Requirement.--Except as provided in
subsection (b)(3) of section 5 of this Act, as amended by
section 5 of the Lake Tahoe Restoration Act of 2015, funds for
activities under section 5 of this Act shall be available for
obligation on a dollar-for-dollar basis with funding of
restoration activities in the Lake Tahoe Basin by the States of
California and Nevada.
----------
ARTICLE V OF PUBLIC LAW 96-551
AN ACT To grant the consent of the Congress to the Tahoe Regional
Planning Compact, and to authorize the Secretary of Agriculture and
others to cooperate with the planning agency thereby created.
Article V.-Planning
(1) In preparing each of the plans required by this article
and each amendment thereto, if any, subsequent to its adoption,
the planning commission after due notice shall hold at least
one public hearing which may be continued from time to time,
and shall review the testimony and any written recommendations
presented at such hearing before recommending the plan or
amendment. The notice required by this subdivision shall be
given at least 20 days prior to the public hearing by
publication at least once in a newspaper or combination of
newspapers whose circulation is general throughout the region
and in each county a portion of whose territory lies within the
region.
The planning commission shall then recommend such plan or
amendment to the governing body for adoption by ordinance. The
governing body may adopt, modify or reject the proposed plan or
amendment, or may initiate and adopt a plan or amendment
without referring it to the planning commission. If the
governing body initiates or substantially modifies a plan or
amendment, it shall hold at least one public hearing thereon
after due notice as required in this subdivision.
If a request is made for the amendment of the regional plan
by:
(1) A political subdivision a part of whose territory
would be affected by such amendment; or
(2) The owner or lessee of real property which would
be affected by such amendment,
the governing body shall complete its action on such amendment
within 180 days after such request is accepted as complete
according to standards which must be prescribed by ordinance of
the agency.
(b) The agency shall develop, in cooperation with the States
of California and Nevada, environmental threshold carrying
capacities for the region. The agency should request the
President's Council on Environmental Quality, the U.S. Forest
Service and other appropriate agencies to assist in developing
such environmental threshold carrying capacities. Within 18
months after the effective date of the amendments to this
compact, the agency shall adopt environmental threshold
carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental
threshold carrying capacities for the region, the agency shall
amend the regional plan so that, at a minimum, the plan and all
of its elements, as implemented through agency ordinances,
rules and regulations, achieves and maintains the adopted
environmental threshold carrying capacities. Each element of
the plan shall contain implementation provisions and time
schedules for such implementation by ordinance. The planning
commission and governing body shall continuously review and
maintain the regional plan and, in so doing, shall ensure that
the regional plan reflects changing economic conditions and the
economic effect of regulation on commerce. The regional plan
shall consist of a diagram, or diagrams, and text, or texts
setting forth the projects and proposals for implementation of
the regional plan, a description of the needs and goals of the
region and a statement of the policies, standards and elements
of the regional plan.
* * * * * * *
----------
PUBLIC LAW 96-586
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. 3. (a)(1) The Secretary of Agriculture is authorized to
acquire by donation, purchase with donated or appropriated
funds, or otherwise, lands and interests in lands which were
unimproved as of the date of enactment of this Act (except as
provided in subsection (c)), and which are environmentally
sensitive lands within the meaning of paragraph (2) and, with
respect to any land acquisition under this section within the
Lake Tahoe Basin Management Unit that is proposed after the
date of the enactment of the Lake Tahoe Restoration Act of
2015, which will provide critical access for recreational use
and resolve significant inholding issues in that a parcel of
land to be acquired is wholly surrounded by Federal land. The
funds used for acquisition of such lands and interests in lands
shall be the funds authorized to be appropriated pursuant to
this Act, and no such funds may be expended until the final map
has been filed in accordance with paragraph (2)(B). Such funds
shall be in addition to any other amounts available to the
Secretary of Agriculture for expenditure in the Lake Tahoe
Basin.
(2)(A) The Secretary of Agriculture, in consultation with the
governments of Nevada and California, the Tahoe Regional
Planning Agency and with local governments, including the
appropriate planning and regulatory agencies, after notice and
opportunity for public hearing, shall prepare a map of the
lands to be acquired pursuant to this subsection.
(B) The Secretary of Agriculture shall, within six months of
the date of enactment of this Act, and after notice and
opportunity for public hearing, file with the United States
Senate Committee on Energy and Natural Resources and the United
States House of Representatives Committee on Interior and
Insular Affairs a map which in the Secretary of Agriculture's
judgment best achieves the objectives set forth in this Act and
includes the environmentally sensitive land defined in
subparagraph (C) of this paragraph.
(C) For purposes of this paragraph, the term
``environmentally sensitive land'' means--
(i) stream environment zones which are--
(I) areas generally located within the one-
hundred-year flood plain;
(II) areas containing soils which are
associated with high runoff or high water
tables;
(III) areas of riparian vegetation types; or
(IV) minimum protective buffer areas for the
areas referred to in subclauses (I) through
(III);
(ii) high hazard lands which are characterized by
steep slopes and a fragile environmental balance or
with a high erosion potential;
(iii) unimproved lands previously modified by man
which are causing unacceptably high rates of
sedimentation; and
(iv) shore zone areas which are sensitive to cliff
erosion, beach erosion, and near-shore instability.
(D) The map filed pursuant to subparagraph (B) shall be
prepared at such scale as to clearly identify the affected land
tracts by ownership and shall designate such tracts for
acquisition or non-acquisition.
(3) Before initiating acquisition proceedings for any lands
under this subsection, the Secretary shall consult annually
with State and local government agencies, the Tahoe Regional
Planning Agency as to the necessity for such acquisition, the
potential impacts on State and local government, and other
appropriate aspects of the acquisition. The Secretary of
Agriculture shall notify the public of the approved land
acquisition program on an annual basis.
(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.
(6) Consent of local government required.--With
respect to any land acquisition under this section
within the Lake Tahoe Basin Management Unit that is
proposed after the date of the enactment of the Lake
Tahoe Restoration Act of 2015, the Secretary of
Agriculture shall obtain the consent of the government
of the county within the boundaries of which the land
is located before executing the land acquisition.
[(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 to california.--
(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 of Agriculture--
(i) may accept the offer; and
(ii) not later than 180 days after
the date on which the Secretary
receives acceptable title to the non-
Federal land described in subparagraph
(B)(i), convey to the State of
California, subject to valid existing
rights and for no consideration, all
right, title, and interest of the
United States in and to the Federal
land that is acceptable to the State of
California.
(B) Description of land.--
(i) Non-federal land.--The non-
Federal land referred to in
subparagraph (A) includes--
(I) the approximately 1,981
acres of land administered by
the California Tahoe
Conservancy and identified on
the Maps as ``Conservancy to
the United States Forest
Service''; and
(II) the approximately 187
acres of land administered by
California State Parks and
identified on the Maps as
``State Parks to the U.S.
Forest Service''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)
includes the approximately 1,995 acres
of Forest Service land identified on
the Maps as ``U.S. Forest Service to
Conservancy and State Parks''.
(C) Use of land.--The land conveyance
authorized under this paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies; and
(ii) not result in any substantial
reduction in public access or reduction
in availability of existing and
traditional public recreation uses.
(D) Continuation of special use permits.--The
land conveyance authorized under this paragraph
shall be subject to the condition that the
State of California accept all special use
permits applicable, as of the date of the
enactment of this subparagraph, to the National
Forest System land described in subparagraph
(B)(ii) for the duration of such permits, and
subject to the terms and conditions of such
permits.
(3) Conveyance to nevada.--
(A) In general.--At the request of the State
of Nevada, the Secretary of Agriculture may
convey, without consideration, the land or
interests in land described in subparagraph (B)
to the State, subject to appropriate deed
restrictions to protect public access and
existing or traditional public recreational
uses of the conveyed land.
(B) Description of land.--The land referred
to in subparagraph (A) includes the
approximately 39 acres of National Forest
System land identified on the map entitled
``State of Nevada Conveyances'' as ``Van Sickle
Unit USFS Inholding''.
(C) Use of land.--The land conveyance
authorized under this paragraph shall--
(i) be for the purpose of
consolidating Federal and State
ownerships and improving management
efficiencies; and
(ii) not result in any substantial
reduction in public access or reduction
in availability of existing and
traditional public recreation uses.
(D) Continuation of special use permits.--The
land conveyance authorized under this paragraph
shall be subject to the condition that the
State of Nevada accept all special use permits
applicable, as of the date of the enactment of
this subparagraph, to the National Forest
System land described in subparagraph (B) for
the duration of such permits, and subject to
the terms and conditions of such permits.
(c)(1) Except as provided in paragraph (2), with respect to
that portion of the Lake Tahoe Basin, as defined as of the date
of the enactment of this Act by the Secretary of Agriculture,
which lies within the boundary of the State of California, as
in effect on the date of the establishment of the Tahoe
National Forest (October 3,1905), the Secretary of Agriculture
may acquire improved lands or interests in improved lands with
the consent of the owner thereof or upon a finding by the
Secretary of Agriculture that such lands are being used, or
that an imminent threat exists that they will be used, in a
manner detrimental to the preservation of the existing water
quality of the basin.
(2) No single family dwelling which is improved land (as
defined in this subsection) may be acquired under the
provisions of this subsection without the consent of the owner
thereof unless the Secretary of Agriculture with the
concurrence of the Tahoe Regional Planning Agency finds that
(A) a change in the use of such dwelling has occurred
subsequent to the date of enactment of this Act or that such a
change in use is threatened, and (B) in the case of a single
family dwelling having a change or threatened change in use but
maintained as a single family dwelling, such change or
threatened change will result in a detriment to the
preservation of the existing water quality of the basin.
(3) At such time as the Tahoe Regional Planning Agency has
adopted final requirements for the protection of the water
quality of the basin, the Secretary of Agriculture shall make
the findings provided for in sections 3(c)(l) and 3(c)(2)
herein in a manner consistent with such requirements.
(4) For purposes of this Act, the term--
(A) ``improved land'' means any land on which there
is located a single family dwelling or other
residential or commercial building, the construction of
which commenced before the date of enactment of this
Act, together with so much of the land on which such
building is located as is reasonably necessary to the
use and enjoyment of such building; and
(B) ``unimproved land'' means any land other than
improved land.
(5)(A) The owner or owners of any improved land acquired by
the Secretary of Agriculture under this Act may retain a right
of use and occupancy of such land for--
(i) a definite term of not more than twenty-five
years from the date of the enactment of this Act, or,
(ii) a term ending at the death of the owner or
owners of such land.
The owner shall elect the term to be reserved, except that if
the owner is a corporation, the term shall not exceed twenty-
five years from the date of the enactment of this Act. Unless
the improved land is wholly or partially donated, the Secretary
of Agriculture shall pay to the owner the fair market value of
the improved land on the date of its acquisition, less the fair
market value on that date of the right retained by the owner.
For purposes of applying the preceding provisions of this
subparagraph, ownership shall be determined as of the date of
acquisition, except that in applying clause (ii) ownership
shall be determined as of May 1,1980.
(B) A right retained by the owner pursuant to this
paragraph shall be subject to termination by the
Secretary of Agriculture upon his determination that it
is being exercised in a manner inconsistent with the
purposes of this Act, and it shall terminate by
operation of law upon notification by the Secretary of
Agriculture to the holder of the right of such
determination and tendering to him the amount equal to
the fair market value of that portion which remains
unexpired.
(d) Lands and interests therein may be acquired by the
Secretary of Agriculture with concurrence of the Tahoe Regional
Planning Agency in accordance with this section without the
consent of the owner thereof only where, in his judgment, all
reasonable efforts to acquire such lands or interests therein
by negotiation have failed.
(e) The fair market value of any land or interest in land to
be acquired by the Secretary of Agriculture under this section
shall be determined by an independent appraisal made, where
practicable, on the basis of comparable sales at the time of
such acquisition. For purposes of the appraisal of any property
to be acquired under this section, in determining the
comparability of other property sales, the independent
appraisal shall take into account the utilities, services, and
facilities associated with the property concerned. Any change
after the date of the enactment of this Act in the value of any
property to be acquired under this section shall not be taken
into account for purposes of determining the fair market value
of such property to the extent that such change is attributable
to the enactment of this Act.
(f) In acquiring any property under this section, the
Secretary of Agriculture and the owner of the property to be
acquired may agree that the purchase price will be paid in
periodic installments over a period that does not exceed ten
years, with interest on the unpaid principal balance thereof at
a rate which is not in excess of the current average market
yield on outstanding marketable obligations of the United
States with remaining period of maturity comparable to average
maturities on the installments.
(g) There is hereby authorized to be appropriated, for the
purposes of this Act, from the Land and Water Conservation
Fund, $10,000,000 for the fiscal year 1982, and $20,000,000 for
the fiscal year 1983. In addition there is hereby authorized to
be appropriated for these and subsequent fiscal years an amount
equal to the amount of revenue obtained by the Federal
Government from the sale of federally owned lands in Clark
County, Nevada, after October 1,1978, reduced for any fiscal
year by the amount appropriated, pursuant to this sentence, in
the prior fiscal years. Funds appropriated pursuant to this
section may be expended without regard to any limitations
contained in the provisions of section 7(a)(1) of the Land and
Water Conservation Fund Act of 1965. Amounts authorized to be
appropriated under this subsection shall remain available until
expended. Authorizations of moneys to be appropriated under
this Act shall be effective October 1, 1981. Authority to enter
into contracts and agreements and to make payments under this
Act shall be effective only to the extent or in such amounts as
are provided in advance in appropriation Acts.
(h) Administrative Expenses Related to Land Adjustments.--
Amounts appropriated pursuant to the authorization of
appropriations in subsection (g) shall be available to the
Secretary of Agriculture to cover staffing costs and related
expenses incurred to accomplish land adjustments in the Lake
Tahoe Basin Management Unit to create more efficient land
management patterns.
* * * * * * *
----------
SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT OF 1998
* * * * * * *
SEC. 5. ACQUISITIONS.
(a) Acquisitions.--
(1) Definition.--For purposes of this subsection, the
term ``environmentally sensitive land'' means land or
an interest in land, the acquisition of which the
United States would, in the judgment of the Secretary
or the Secretary of Agriculture--
(A) promote the preservation of natural,
scientific, aesthetic, historical, cultural,
watershed, wildlife, and other values
contributing to public enjoyment and biological
diversity;
(B) enhance recreational opportunities and
public access;
(C) provide the opportunity to achieve better
management of public land through consolidation
of Federal ownership; or
(D) otherwise serve the public interest.
(2) In general.--After the consultation process has
been completed in accordance with paragraph (3), the
Secretary may acquire with the proceeds of the special
account environmentally sensitive land and interests in
environmentally sensitive land. Lands may not be
acquired under this section without the consent of the
owner thereof. Funds made available from the special
account may be used with any other funds made available
under any other provision of law.
(3) Consultation.--Before initiating efforts to
acquire land under this subsection, the Secretary or
the Secretary of Agriculture shall consult with the
State of Nevada and with local government within whose
jurisdiction the lands are located, including
appropriate planning and regulatory agencies, and with
other interested persons, concerning the necessity of
making the acquisition, the potential impacts on State
and local government, and other appropriate aspects of
the acquisition. Consultation under this paragraph is
in addition to any other consultation required by law.
(4) Additional requirements related to acquisitions
in lake tahoe basin management unit.--With respect to
any land acquisition under this subsection within the
Lake Tahoe Basin Management Unit that is proposed after
the date of the enactment of the Lake Tahoe Restoration
Act of 2015, the Secretary of Agriculture shall, before
executing the land acquisition--
(A) obtain the consent of each county within
whose boundaries the parcel of land is located;
and
(B) certify that, in addition to being
environmentally sensitive land, the parcel of
land will provide critical access for
recreational use and resolve significant
inholding issues in that the parcel is wholly
surrounded by National Forest System land.
(b) Administration.--On acceptance of title by the United
States, land and interests in land acquired under this section
that is within the boundaries of a unit of the National Forest
System, National Park System, National Wildlife Refuge System,
National Wild and Scenic Rivers System, National Trails System,
National Wilderness Preservation System, any other system
established by Act of Congress, or any national conservation or
national recreation area established by Act of Congress--
(1) shall become part of the unit or area without
further action by the Secretary or Secretary of
Agriculture; and
(2) shall be managed in accordance with all laws and
regulations and land use plans applicable to the unit
or area.
(c) Determination of Fair Market Value.--The fair market
value of land or an interest in land to be acquired by the
Secretary or the Secretary of Agriculture under this section
shall be determined pursuant to section 206 of the Federal Land
Policy and Management Act of 1976 and shall be consistent with
other applicable requirements and standards. Fair market value
shall be determined without regard to the presence of a species
listed as threatened or endangered under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(d) Payments in Lieu of Taxes.--Section 6901(1) of title 31,
United States Code, is amended as follows:
(1) By striking ``or'' at the end of subparagraph
(F).
(2) By striking the period at the end of subparagraph
(G) and inserting ``; or''.
(3) By adding at the end the following:
``(H) acquired by the Secretary of the
Interior or the Secretary of Agriculture under
section 5 of the Southern Nevada Public Land
Management Act of 1998 that is not otherwise
described in subparagraphs (A) through (G).''.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
We oppose H.R. 3382 because it authorizes inadequate
funding for restoration in the Lake Tahoe Basin and shortcuts
environmental review and public participation in land
management decisions.
The Lake Tahoe Basin is one of the crown jewels of the U.S.
Forest Service. Over 78% of the area around the lake--a total
of 150,000 acres, which includes beaches, hiking and biking
trails, wilderness, historic estates and developed recreation
areas such as campgrounds and riding stables--is managed by the
Service. The region receives over 3 million annual visitors and
Tahoe's natural environment is a major contributor to the
region's $5 billion economy. Congress declared the restoration
of the Lake Tahoe basin a federal responsibility in the Lake
Tahoe Restoration Act of 2000 (P.L. 106-506).
This commitment was reaffirmed by Executive Order 13057
(``Federal Actions in the Lake Tahoe Region''), which
established the Federal Interagency Partnership on the Lake
Tahoe Ecosystem to assist in the preservation and maintenance
of environmental and economic conditions in the region. Since
1997, the federal government has contributed $576.3 million in
federal funds to restoration activities in the Tahoe Basin.
During that period, various public and private entities have
contributed $1.7 billion to over 600 projects. The 2012 update
identified 700 priority projects from 2008-2018, requiring $2.5
billion in funding. The projected contribution of the federal
government is $645 million. Federal contributions will be used
to support the fuels reduction on an additional 33,603 acres,
restoration and recovery for endangered species, infrastructure
updates to improve water quality, and updates to recreation
facilities. However, H.R. 3382 authorizes less than one percent
of that projected federal commitment.
H.R. 3382 includes significant modifications to
environmental requirements under the National Environmental
Policy Act (NEPA). Section 4 of the bill provides a broad
categorical exclusion (CE) under NEPA for any forest management
activities designed to reduce fuel loads, if the activity is
developed in coordination with impacted parties and is
consistent with Lake Tahoe Basin Management Plan. The bill was
amended at markup to limit the scope of this CE to 10,000
acres; it is still, however, a broad exemption from
longstanding environmental review requirements. Land managers
and regional stakeholders need access to tools that promote
healthy, resilient forests and protect communities from the
risks of wildfire. Rolling back bedrock environmental laws
should not be part of the tool kit.
The bill also provides a categorical exclusion for
herbicide application to eradicate invasive plants in Lake
Tahoe. Removal of invasive species from the lake is a
restoration priority, but herbicide application should not be
done without thorough environmental review and public
participation. The Tahoe Keys Property Owners Association is in
the process of obtaining permits to use herbicides in its
battle to remove invasive plants from its marina and adjacent
parts of the lake. These permits should only be issued after
thorough review of the plans, informed by public comment.
Herbicide application is not a universally accepted solution to
the invasive plant epidemic and stakeholders should, at least,
have the opportunity to participate in the decision. Instead,
under the CE provided by H.R. 3382, public participation and
thorough environmental review is jettisoned in favor of speedy
approval.
Furthermore, Section 4 of the bill requires any challenge
to a forest management activity in Lake Tahoe Basin to be
addressed through binding arbitration, instead of judicial
review, closing off citizen access to the courts. The bill
requires a request for arbitration to be filed within 15 days
after the date the administrative review decision was issued
and requires that the arbitrator be appointed by the U.S.
District Court in the district where the forest management
activity is located. The arbitrator is only allowed to consider
the Forest Service's initial proposal and the objector's
proposal to determine which ``best meets the purpose and needs
described in the environmental analysis conducted.'' Under this
standard, there is no room for modification or evolution of the
proposed activity, and the arbitrator's decision is exempt from
any further review under NEPA.
Additionally, only individuals who have submitted a comment
to the proposed activity can access arbitration. However, under
the bill, many of the activities would be carried out under the
aforementioned CE and there would not be an opportunity for
public comment. As a result, the bill cuts off access to any
objection or proposed review of forest management decisions in
the Tahoe Basin.
For the reasons outlined above, we oppose adoption of H.R.
3382.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Niki Tsongas,
Ranking Member, Subcommittee
on Federal Lands.
Alan Lowenthal,
Member of Congress.
Matt Cartwright,
Member of Congress.
Jared Huffman,
Ranking Member, Subcommittee
on Water, Power and
Oceans.
Grace Napolitano,
Member of Congress.
[all]