Lake Tahoe Restoration Act of 2011 - Reauthorizes the Lake Tahoe Restoration Act.
(Sec. 2) Restates the findings and purposes of such Act. Sets forth as its purposes to: (1) enable the Chief of the Forest Service, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency (EPA) to fund, plan, and implement significant new environmental restoration activities and forest management activities to address specified watershed issues in the Lake Tahoe Basin; (2) ensure that governmental and private entities continue to work together to manage land in the Basin and to coordinate on activities in a manner that supports achievement and maintenance of the environmental threshold carrying capacities for the region and other applicable environmental standards and objectives; (3) support local governments in efforts related to environmental restoration, stormwater pollution control, fire risk reduction, and forest management activities; and (4) ensure that agency and science community representatives in the Basin work together to develop and implement a plan for integrated monitoring, assessment, and applied research to evaluate the effectiveness of the Environmental Improvement Program (EIP) and to provide objective information as a basis for ongoing decision making related to land use and resource management in the Basin.
(Sec. 4) Requires the Lake Tahoe Basin Management Unit to: (1) manage vehicular parking and traffic in the Unit with priority given to improving public access to the Basin, coordinating with the Nevada Department of Transportation, Caltrans, state parks and other entities along Nevada highway 28 and California Highway 89, and providing support to local public transit systems in the management and operations of activities under such Act; and (2) support the attainment of the environmental threshold carrying capacities.
Authorizes the Secretary of Agriculture (USDA), acting through the Chief of the U.S. Forest Service, to enter into a contract or agreement with the Department of Transportation (DOT) to secure operating and capital funds from the National Forest Transit Program.
Requires the Secretary, acting through the Chief, to: (1) conduct forest management activities in the Basin in a manner that helps achieve and maintain the environmental threshold carrying capacities established by the Tahoe Regional Planning Agency (TRPA) and attains multiple ecosystem benefits, unless the attainment of such benefits would excessively increase project costs in relation to the additional benefits gained; (2) establish post-project ground condition criteria for ground disturbance caused by forest management activities; and (3) provide for monitoring to ascertain the attainment of such conditions.
Withdraws federal land located in the Unit from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing. Exempts from such withdrawal a land exchange that is carried out under the Lake Tahoe Restoration Act or the Santini-Burton Act.
Authorizes the Secretary, in conjunction with land adjustment projects or programs and during the four fiscal years following this Act's enactment, to enter into contracts and cooperative agreements with entities to provide for fuel reduction, erosion control, reforestation, Stream Environmental Zone restoration, and similar management activities on land within such projects or programs.
Requires the Secretary to report to Congress within two years on the management of land in the Lake Tahoe Basin Management Unit Urban Lots Program.
(Sec. 5) Revises consultation requirements by requiring the Secretary, the Administrator, and the Director to consult with the heads of the Washoe Tribe, governmental agencies, and the Lake Tahoe Federal Advisory Committee (currently TRPA, the Tahoe Federal Interagency Partnership, the Lake Tahoe Basin Federal Advisory Committee, representatives of the Unit, and the Lake Tahoe Transportation and Water Quality Coalition).
(Sec. 6) Authorizes the Secretary, the Director, and the Administrator to implement or provide financial assistance for stormwater and watershed restoration projects, wildfire prevention and fire restoration projects, multiple benefit fuels projects, the Aquatic Invasive Species Program, the Lahontan Cutthroat Trout Recovery Program, the Lake Tahoe Basin Program, and projects included in the prioritized list that have been subject to environmental review and approval under federal and state law and the Tahoe Regional Planning Compact. Authorizes funding for such projects.
(Sec. 7) Requires the Chair of the Lake Tahoe Federal Interagency Partnership to submit to Congress by February 15 of the year after this Act's enactment a prioritized list of all EIP projects for the Basin. Requires the priority of projects included on the list to be based on the best available science and on specified criteria, including the potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities and the ability to provide multiple benefits and leverage non-federal contributions. Requires the Chair to give preference to projects that benefit existing neighborhoods in the Basin that are at or below regional median income levels. Requires the list to be revised every four years or on a finding of compelling need justifying a priority shift.
Requires the Director, within 60 days of this Act's enactment, to deploy strategies that meet or exceed specified criteria for preventing the introduction of aquatic invasive species into the Basin and that apply to all watercraft to be launched on water within the Basin. Authorizes the Director to certify state agencies to perform decontamination activities at locations outside the Basin if standards at the sites meet or exceed standards for similar sites in the Basin. Authorizes the strategies and criteria to be modified if the Secretary of the Interior issues a determination that alternative measures will be no less effective at preventing the introduction of aquatic invasive species into Lake Tahoe. Authorizes the Director to collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations. Sets forth civil penalties for launching watercraft not in compliance with such strategies.
Provides that this Act does not restrict, affect, or amend any other law or the authority of any U.S. instrumentality or any state or political subdivisions with respect to the control of invasive species.
Authorizes the Assistant Secretary of the Army for Civil Works to enter into interagency agreements with nonfederal interests in the Basin to use Lake Tahoe Partnership-Miscellaneous General Investigations funds to provide programmatic technical assistance for EIP.
Requires the Administrator to implement a Lake Tahoe Basin Program that includes: (1) developing and updating an integrated multiagency programmatic assessment and monitoring plan to evaluate the effectiveness of EIP and the status and trends of indicators related to environmental threshold carrying capacities and to assess the impacts and risks of changing water temperature and precipitation and invasive species; (2) producing and synthesizing scientific information necessary for the identification and refinement of environmental indicators for the Basin and the evaluation of standards and benchmarks; (3) conducting applied research, programmatic technical assessments, scientific data management, analysis, and reporting related to key management questions; (4) developing new tools and information to support objective assessments for land use and resource conditions; (5) providing support to governments in reducing pollutants that contribute to the loss of lake clarity and implementing an integrated stormwater monitoring assessment program; and (6) providing support for the development of management strategies to accommodate changing water temperature and precipitation in the Basin.
Requires the Secretary, Administrator, and Director to conduct public education and outreach programs, including encouraging: (1) owners of land and residences in the Basin to implement defensible space and conduct best management practices for water quality, and (2) such owners and visitors to the Basin to help prevent the introduction and proliferation of invasive species as part of the private share investment in EIP.
Requires the Administrator to report to Congress on the status of projects authorized by this Act, expenditures to implement EIP and projects authorized under this Act, accomplishments in implementing this Act, and public education and outreach efforts undertaken to implement programs and projects authorized under this Act.
Requires the President, as part of the annual budget, to submit information regarding each federal agency involved in EIP.
Authorizes the Administrator to provide a grant to develop a Basin watershed strategy.
Authorizes appropriations for such Act for a period of ten fiscal years beginning the first fiscal year after enactment of this Act.
Authorizes the Secretary to delegate monitoring and enforcement duties relating to a conservation easement under such Act to a conservation agency of a local government or an Indian tribe, the Tahoe Regional Planning Agency, and an eligible conservation organization by transferring title of ownership to an easement to such entity to hold and enforce.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 432 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 432
To provide for environmental restoration activities and forest
management activities in the Lake Tahoe Basin, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2011
Mrs. Feinstein (for herself, Mr. Reid, Mrs. Boxer, and Mr. Ensign)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To provide for environmental restoration activities and forest
management activities in the Lake Tahoe Basin, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Tahoe Restoration Act of
2011''.
SEC. 2. FINDINGS AND PURPOSES.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 2 and inserting the following:
``SEC. 2. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) Lake Tahoe--
``(A) is 1 of the largest, deepest, and clearest
lakes in the world;
``(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water clarity;
and
``(C) is recognized nationally and worldwide as a
natural resource of special significance;
``(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is 1 of the outstanding
recreational resources of the United States, which--
``(A) offers skiing, water sports, biking, camping,
and hiking to millions of visitors each year; and
``(B) contributes significantly to the economies of
California, Nevada, and the United States;
``(3) the economy in the Lake Tahoe Basin is dependent on
the protection and restoration of the natural beauty and
recreation opportunities in the area;
``(4) the Lake Tahoe Basin continues to be threatened by
the impacts of land use and transportation patterns developed
in the last century that damage the fragile watershed of the
Basin;
``(5) the water clarity of Lake Tahoe declined from a
visibility level of 105 feet in 1967 to only 70 feet in 2008;
``(6) the rate of decline in water clarity of Lake Tahoe
has decreased in recent years;
``(7) a stable water clarity level for Lake Tahoe could be
achieved through feasible control measures for very fine
sediment particles and nutrients;
``(8) fine sediments that cloud Lake Tahoe, and key
nutrients such as phosphorus and nitrogen that support the
growth of algae and invasive plants, continue to flow into the
lake from stormwater runoff from developed areas, roads, turf,
other disturbed land, and streams;
``(9) the destruction and alteration of wetland, wet
meadows, and stream zone habitat have compromised the natural
capacity of the watershed to filter sediment, nutrients, and
pollutants before reaching Lake Tahoe;
``(10) approximately 25 percent of the trees in the Lake
Tahoe Basin are either dead or dying;
``(11) forests in the Tahoe Basin suffer from over a
century of fire suppression and periodic drought, which have
resulted in--
``(A) high tree density and mortality;
``(B) the loss of biological diversity; and
``(C) a large quantity of combustible forest fuels,
which significantly increases the threat of
catastrophic fire and insect infestation;
``(12) the establishment of several aquatic and terrestrial
invasive species (including bass, milfoil, and Asian clam)
threatens the ecosystem of the Lake Tahoe Basin;
``(13) there is an ongoing threat to the Lake Tahoe Basin
of the introduction and establishment of other invasive species
(such as the zebra mussel, New Zealand mud snail, and quagga
mussel);
``(14) the report prepared by the University of California,
Davis, entitled the `State of the Lake Report', found that
conditions in the Lake Tahoe Basin had changed, including--
``(A) the average surface water temperature of Lake
Tahoe has risen by more than 1.5 degrees Fahrenheit in
the past 37 years; and
``(B) since 1910, the percent of precipitation that
has fallen as snow in the Lake Tahoe Basin decreased
from 52 percent to 34 percent;
``(15) 75 percent of the land in the Lake Tahoe Basin is
owned by the Federal Government, which makes it a Federal
responsibility to restore environmental health to the Basin;
``(16) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
``(A) congressional consent to the establishment of
the Tahoe Regional Planning Agency with--
``(i) the enactment in 1969 of Public Law
91-148 (83 Stat. 360); and
``(ii) the enactment in 1980 of Public Law
96-551 (94 Stat. 3233);
``(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
``(C) the enactment of Public Law 96-586 (94 Stat.
3381) in 1980 to provide for the acquisition of
environmentally sensitive land and erosion control
grants in the Lake Tahoe Basin;
``(D) the enactment of sections 341 and 342 of the
Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108-108; 117 Stat.
1317), which amended the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat.
2346) to provide payments for the environmental
restoration projects under this Act; and
``(E) the enactment of section 382 of the Tax
Relief and Health Care Act of 2006 (Public Law 109-432;
120 Stat. 3045), which amended the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2346) to authorize development and
implementation of a comprehensive 10-year hazardous
fuels and fire prevention plan for the Lake Tahoe
Basin;
``(17) the Assistant Secretary of the Army for Civil Works
was an original signatory in 1997 to the Agreement of Federal
Departments on Protection of the Environment and Economic
Health of the Lake Tahoe Basin;
``(18) the Chief of Engineers, under direction from the
Assistant Secretary of the Army for Civil Works, has continued
to be a significant contributor to Lake Tahoe Basin
restoration, including--
``(A) stream and wetland restoration;
``(B) urban stormwater conveyance and treatment;
and
``(C) programmatic technical assistance;
``(19) at the Lake Tahoe Presidential Forum in 1997, the
President renewed the commitment of the Federal Government to
Lake Tahoe by--
``(A) committing to increased Federal resources for
environmental restoration at Lake Tahoe; and
``(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
Basin;
``(20) at the 2008 and 2009 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Ensign, and Governor Gibbons--
``(A) renewed their commitment to Lake Tahoe; and
``(B) expressed their desire to fund the Federal
share of the Environmental Improvement Program through
2018;
``(21) since 1997, the Federal Government, the States of
California and Nevada, units of local government, and the
private sector have contributed more than $1,430,000,000 to the
Lake Tahoe Basin, including--
``(A) $424,000,000 from the Federal Government;
``(B) $612,000,000 from the State of California;
``(C) $87,000,000 from the State of Nevada;
``(D) $59,000,000 from units of local government;
and
``(E) $249,000,000 from private interests;
``(22) significant additional investment from Federal,
State, local, and private sources is necessary--
``(A) to restore and sustain the environmental
health of the Lake Tahoe Basin;
``(B) to adapt to the impacts of changing climatic
conditions; and
``(C) to protect the Lake Tahoe Basin from the
introduction and establishment of invasive species; and
``(23) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least $10,000,000
and up to $20,000,000 annually for the Fire Risk Reduction and
Forest Management Program.
``(b) Purposes.--The purposes of this Act are--
``(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife Service, and
the Administrator of the Environmental Protection Agency, in
cooperation with the Planning Agency and the States of
California and Nevada, to fund, plan, and implement significant
new environmental restoration activities and forest management
activities to address in the Lake Tahoe Basin the issues
described in paragraphs (4) through (14) of subsection (a);
``(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together to
manage land in the Lake Tahoe Basin and to coordinate on other
activities in a manner that supports achievement and
maintenance of--
``(A) the environmental threshold carrying
capacities for the region; and
``(B) other applicable environmental standards and
objectives;
``(3) to support local governments in efforts related to
environmental restoration, stormwater pollution control, fire
risk reduction, and forest management activities; and
``(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
``(A) to develop and implement a plan for
integrated monitoring, assessment, and applied research
to evaluate the effectiveness of the Environmental
Improvement Program; and
``(B) to provide objective information as a basis
for ongoing decisionmaking, with an emphasis on
decisionmaking relating to public and private land use
and resource management in the Basin.''.
SEC. 3. DEFINITIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 3 and inserting the following:
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(3) Chair.--The term `Chair' means the Chair of the
Federal Partnership.
``(4) Compact.--The term `Compact' means the Tahoe Regional
Planning Compact included in the first section of Public Law
96-551 (94 Stat. 3233).
``(5) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
``(A) the Environmental Improvement Program adopted
by the Planning Agency; and
``(B) any amendments to the Program.
``(7) Environmental threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in article II of the compact.
``(8) Federal partnership.--The term `Federal Partnership'
means the Lake Tahoe Federal Interagency Partnership
established by Executive Order 13957 (62 Fed. Reg. 41249) (or a
successor Executive order).
``(9) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and
hazardous fuels reduction;
``(B) mechanical and minimum tool treatment;
``(C) road decommissioning or reconstruction;
``(D) stream environment zone restoration and other
watershed and wildlife habitat enhancements;
``(E) nonnative invasive species management; and
``(F) other activities consistent with Forest
Service practices, as the Secretary determines to be
appropriate.
``(10) National wildland fire code.--The term `national
wildland fire code' means--
``(A) the most recent publication of the National
Fire Protection Association 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) Priority list.--The term `Priority List' means the
environmental restoration priority list developed under section
8.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(14) Total maximum daily load.--The term `total maximum
daily load' means the total maximum daily load allocations
adopted under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
``(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to the
presence of surface water or groundwater.
``(16) Watercraft.--The term `watercraft' means motorized
and non-motorized watercraft, including boats, personal
watercraft, kayaks, and canoes.''.
SEC. 4. 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--
(1) in subsection (b)(3), by striking ``basin'' and
inserting ``Basin''; and
(2) by adding at the end the following:
``(c) Transit.--
``(1) In general.--The Lake Tahoe Basin Management Unit
shall, consistent with the regional transportation plan adopted
by the Planning Agency, manage vehicular parking and traffic in
the Lake Tahoe Basin Management Unit, with priority given--
``(A) to improving public access to the Lake Tahoe
Basin, including the prioritization of alternatives to
the private automobile, consistent with the
requirements of the Compact;
``(B) to coordinating with the Nevada Department of
Transportation, Caltrans, State parks, and other
entities along Nevada Highway 28 and California Highway
89; and
``(C) to providing support and assistance to local
public transit systems in the management and operations
of activities under this subsection.
``(2) National forest transit program.--Consistent with the
support and assistance provided under paragraph (1)(C), the
Secretary, in consultation with the Secretary of
Transportation, may enter into a contract, cooperative
agreement, interagency agreement, or other agreement with the
Department of Transportation to secure operating and capital
funds from the National Forest Transit Program.
``(d) Forest Management Activities.--
``(1) Coordination.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall, as appropriate, coordinate with the
Administrator and State and local agencies and
organizations, including local fire departments and
volunteer groups.
``(B) Goals.--The coordination of activities under
subparagraph (A) should aim to increase efficiencies
and maximize the compatibility of management practices
across public property boundaries.
``(2) Multiple benefits.--
``(A) In general.--In conducting forest management
activities in the Lake Tahoe Basin Management Unit, the
Secretary shall conduct the activities in a manner
that--
``(i) except as provided in subparagraph
(B), attains multiple ecosystem benefits,
including--
``(I) reducing forest fuels;
``(II) maintaining or restoring
biological diversity;
``(III) improving wetland and water
quality, including in Stream
Environment Zones; and
``(IV) increasing resilience to
changing climatic conditions; and
``(ii) helps achieve and maintain the
environmental threshold carrying capacities
established by the Planning Agency.
``(B) Exception.--Notwithstanding clause (A)(i),
the attainment of multiple ecosystem benefits shall not
be required if the Secretary determines that management
for multiple ecosystem benefits would excessively
increase the cost of a project in relation to the
additional ecosystem benefits gained from the
management activity.
``(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land and
resource management plan direction, the Secretary shall--
``(A) establish post-project ground condition
criteria for ground disturbance caused by forest
management activities; and
``(B) provide for monitoring to ascertain the
attainment of the post-project conditions.
``(e) Withdrawal of Federal Land.--
``(1) In general.--Subject to valid existing rights and
paragraphs (2) and (3), the Federal land located in the Lake
Tahoe Basin Management Unit is withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to
mineral and geothermal leasing.
``(2) Determination.--
``(A) In general.--The withdrawal under paragraph
(1) shall be in effect until the date on which the
Secretary, after conducting a review of all Federal
land in the Lake Tahoe Basin Management Unit and
receiving public input, has made a determination on
which parcels of Federal land should remain withdrawn.
``(B) Requirements.--The determination of the
Secretary under subparagraph (A)--
``(i) shall be effective beginning on the
date on which the determination is issued;
``(ii) may be altered by the Secretary as
the Secretary determines to be necessary; and
``(iii) shall not be subject to
administrative renewal.
``(3) Exceptions.--A land exchange shall be exempt from
withdrawal under this subsection if carried out under--
``(A) the Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2351); or
``(B) the Santini-Burton Act (Public Law 96-586; 94
Stat. 3381).
``(f) Environmental Threshold Carrying Capacity.--The Lake Tahoe
Basin Management Unit shall support the attainment of the environmental
threshold carrying capacities.
``(g) Cooperative Authorities.--
``(1) In general.--During the 4 fiscal years following the
date of enactment of the Lake Tahoe Restoration Act of 2011,
the Secretary, in conjunction with land adjustment projects or
programs, may enter into contracts and cooperative agreements
with States, units of local government, and other public and
private entities to provide for fuel reduction, erosion
control, reforestation, Stream Environment Zone restoration,
and similar management activities on Federal land and non-
Federal land within the projects or programs.
``(2) Report on land status.--
``(A) In general.--Not later than 2 years after the
date of enactment of the Lake Tahoe Restoration Act of
2011, the Secretary shall submit to Congress a report
regarding the management of land in the Lake Tahoe
Basin Management Unit Urban Lots Program, including--
``(i) a description of future plans and
recent actions for land consolidation and
adjustment; and
``(ii) the identification of any obstacles
to desired conveyances or interchanges.
``(B) Inclusions.--The report submitted under
subparagraph (A) may contain recommendations for
additional legislative authority.
``(C) Effect.--Nothing in this paragraph delays the
conveyance of parcels under--
``(i) the authority of this Act; or
``(ii) any other authority available to the
Secretary.
``(3) Supplemental authority.--The authority of this
subsection is supplemental to all other cooperative authorities
of the Secretary.''.
SEC. 5. CONSULTATION.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 5 and inserting the following:
``SEC. 5. CONSULTATION.
``In carrying out this Act, the Secretary, the Administrator, and
the Director shall, as appropriate and in a timely manner, consult with
the heads of the Washoe Tribe, applicable Federal, State, regional, and
local governmental agencies, and the Lake Tahoe Federal Advisory
Committee.''.
SEC. 6. AUTHORIZED PROJECTS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 6 and inserting the following:
``SEC. 6. AUTHORIZED PROJECTS.
``(a) In General.--The Secretary, the Director, and the
Administrator, in coordination with the Planning Agency and the States
of California and Nevada, may carry out or provide financial assistance
to any project or program described in subsection (c) or included in
the Priority List under section 8 to further the purposes of the
Environmental Improvement Program if the project has been subject to
environmental review and approval, respectively, as required under
Federal law, article 7 of the Compact, and State law, as applicable.
The Administrator shall use no more than 3 percent of the funds
provided for administering the projects or programs described in
subsection (c) (1) and (2).
``(b) Monitoring and Assessment.--All projects authorized under
subsection (c) and section 8 shall--
``(1) include funds for monitoring and assessment of the
results and effectiveness at the project and program level
consistent with the program developed under section 11; and
``(2) use the integrated multiagency performance measures
established under that section.
``(c) Description of Activities.--
``(1) Stormwater management, erosion control, and total
maximum daily load implementation.--Of the amounts made
available under section 18(a), $40,000,000 shall be made
available for grants by the Administrator for the Federal share
of the following projects:
``(A) Bijou Stormwater Improvement Project in the
City of South Lake Tahoe, California.
``(B) Christmas Valley Stormwater Improvement
Project in El Dorado County, California.
``(C) Kings Beach Watershed Improvement Project in
Placer County, California.
``(D) Lake Forest Stormwater and Watershed
Improvement Project in Placer County, California.
``(E) Crystal Bay Stormwater Improvement Project in
Washoe County, Nevada.
``(F) Washoe County Stormwater Improvement Projects
4, 5, and 6 in Washoe County, Nevada.
``(G) Upper and Lower Kingsbury Project in Douglas
County, Nevada.
``(H) Lake Village Drive-Phase II Stormwater
Improvement in Douglas County, Nevada.
``(I) State Route 28 Spooner to Sand Harbor
Stormwater Improvement, Washoe County, Nevada.
``(J) State Route 431 Stormwater Improvement,
Washoe County, Nevada.
``(2) Stream environment zone and watershed restoration.--
Of the amounts made available under section 18(a), $32,000,000
shall be made available for grants by the Administrator for the
Federal share of the following projects:
``(A) Upper Truckee River and Marsh Restoration
Project.
``(B) Upper Truckee River Mosher, Reaches 1 & 2.
``(C) Upper Truckee River Sunset Stables.
``(D) Lower Blackwood Creek Restoration Project.
``(E) Ward Creek.
``(F) Third Creek/Incline Creek Watershed
Restoration.
``(G) Rosewood Creek Restoration Project.
``(3) Fire risk reduction and forest management.--
``(A) In general.--Of the amounts made available
under section 18(a), $136,000,000 shall be made
available for assistance by the Secretary for the
following projects:
``(i) Projects identified as part of the
Lake Tahoe Basin Multi-Jurisdictional Fuel
Reduction and Wildfire Prevention Strategy 10-
Year Plan.
``(ii) Competitive grants for fuels work to
be awarded by the Secretary to communities that
have adopted national wildland fire codes to
implement the applicable portion of the 10-year
plan described in clause (i).
``(iii) Biomass projects, including
feasibility assessments and transportation of
materials.
``(iv) Angora Fire Restoration projects
under the jurisdiction of the Secretary.
``(v) Washoe Tribe projects on tribal lands
within the Lake Tahoe Basin.
``(B) Multiple benefit fuels projects.--Consistent
with the requirements of section 4(d)(2), not more than
$10,000,000 of the amounts made available to carry out
subparagraph (A) shall be available to the Secretary
for the planning and implementation of multiple benefit
fuels projects with an emphasis on restoration projects
in Stream Environment Zones.
``(C) Minimum allocation.--Of the amounts made
available to carry out subparagraph (A), at least
$80,000,000 shall be made available to the Secretary
for projects under subparagraph (A)(i).
``(D) Priority.--Units of local government that
have dedicated funding for inspections and enforcement
of defensible space regulations shall be given priority
for amounts provided under this paragraph.
``(E) Cost-sharing requirements.--
``(i) In general.--As a condition on the
receipt of funds, communities or local fire
districts that receive funds under this
paragraph shall provide a 25 percent match.
``(ii) Form of non-federal share.--
``(I) In general.--The non-Federal
share required under clause (i) may be
in the form of cash contributions or
in-kind contributions, including
providing labor, equipment, supplies,
space, and other operational needs.
``(II) Credit for certain dedicated
funding.--There shall be credited
toward the non-Federal share required
under clause (i) any dedicated funding
of the communities or local fire
districts for a fuels reduction
management program, defensible space
inspections, or dooryard chipping.
``(III) Documentation.--Communities
and local fire districts shall--
``(aa) maintain a record of
in-kind contributions that
describes--
``(AA) the monetary
value of the in-kind
contributions; and
``(BB) the manner
in which the in-kind
contributions assist in
accomplishing project
goals and objectives;
and
``(bb) document in all
requests for Federal funding,
and include in the total
project budget, evidence of the
commitment to provide the non-
Federal share through in-kind
contributions.
``(4) Invasive species management.--Of the amounts to be
made available under section 18(a), $20,500,000 shall be made
available to the Director for the Aquatic Invasive Species
Program and the watercraft inspections described in section 9.
``(5) Special status species management.--Of the amounts to
be made available under section 18(a), $20,000,000 shall be
made available to the Director for the Lahontan Cutthroat Trout
Recovery Program.
``(6) Lake tahoe basin program.--Of the amounts to be made
available under section 18(a), $30,000,000 shall be used to
develop and implement the Lake Tahoe Basin Program developed
under section 11.
``(d) Use of Remaining Funds.--Any amounts made available under
section 18(a) that remain available after projects described in
subsection (c) have been funded shall be made available for projects
included in the Priority List under section 8.''.
SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended--
(1) by striking sections 8 and 9;
(2) by redesignating sections 10, 11, and 12 as sections
16, 17, and 18, respectively; and
(3) by inserting after section 7 the following:
``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.
``(a) Funding.--Subject to section 6(d), of the amounts to be made
available under section 18(a), at least $136,000,000 shall be made
available for projects identified on the Priority List.
``(b) Deadline.--Not later than February 15 of the year after the
date of enactment of the Lake Tahoe Restoration Act of 2011, the Chair,
in consultation with the Secretary, the Administrator, the Director,
the Planning Agency, the States of California and Nevada, the Federal
Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory
Committee, and the Tahoe Science Consortium shall submit to Congress a
prioritized list of all Environmental Improvement Program projects for
the Lake Tahoe Basin, regardless of program category.
``(c) Criteria.--
``(1) In general.--The priority of projects included in the
Priority List shall be based on the best available science and
the following criteria:
``(A) The 5-year threshold carrying capacity
evaluation.
``(B) The ability to measure progress or success of
the project.
``(C) The potential to significantly contribute to
the achievement and maintenance of the environmental
threshold carrying capacities identified in the Compact
for--
``(i) air quality;
``(ii) fisheries;
``(iii) noise;
``(iv) recreation;
``(v) scenic resources;
``(vi) soil conservation;
``(vii) forest health;
``(viii) water quality; and
``(ix) wildlife.
``(D) The ability of a project to provide multiple
benefits.
``(E) The ability of a project to leverage non-
Federal contributions.
``(F) Stakeholder support for the project.
``(G) The justification of Federal interest.
``(H) Agency priority.
``(I) Agency capacity.
``(J) Cost-effectiveness.
``(K) Federal funding history.
``(2) Secondary factors.--In addition to the criteria under
paragraph (1), the Chair shall, as the Chair determines to be
appropriate, give preference to projects in the Priority List
that benefit existing neighborhoods in the Basin that are at or
below regional median income levels, based on the most recent
census data available.
``(3) Erosion control projects.--For purposes of the
Priority List and section 6(c)(1), erosion control projects
shall be considered part of the stormwater management and total
maximum daily load program of the Environmental Improvement
Program. The Administrator shall coordinate with the Secretary
on such projects.
``(d) Revisions.--
``(1) In general.--The Priority List submitted under
subsection (b) shall be revised--
``(A) every 4 years; or
``(B) on a finding of compelling need under
paragraph (2).
``(2) Finding of compelling need.--
``(A) In general.--If the Secretary, the
Administrator, or the Director makes a finding of
compelling need justifying a priority shift and the
finding is approved by the Secretary, the Executive
Director of the Planning Agency, the California Natural
Resources Secretary, and the Director of the Nevada
Department of Conservation, the Priority List shall be
revised in accordance with this subsection.
``(B) Inclusions.--A finding of compelling need
includes--
``(i) major scientific findings;
``(ii) results from the threshold
evaluation of the Planning Agency;
``(iii) emerging environmental threats; and
``(iv) rare opportunities for land
acquisition.
``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.
``(a) In General.--Not later than 60 days after the date of
enactment of the Lake Tahoe Restoration Act of 2011, the Director, in
coordination with the Planning Agency, the California Department of
Fish and Game, and the Nevada Department of Wildlife, shall deploy
strategies that meet or exceed the criteria described in subsection (b)
for preventing the introduction of aquatic invasive species into the
Lake Tahoe Basin.
``(b) Criteria.--The strategies referred to in subsection (a) shall
provide that--
``(1) combined inspection and decontamination stations be
established and operated at not less than 2 locations in the
Lake Tahoe Basin;
``(2) watercraft not be allowed to launch in waters of the
Lake Tahoe Basin if the watercraft--
``(A) has been in waters infested by quagga or
zebra mussels;
``(B) shows evidence of invasive species that the
Director has determined would be detrimental to the
Lake Tahoe ecosystem; and
``(C) cannot be reliably decontaminated in
accordance with paragraph (3);
``(3) subject to paragraph (4), all watercraft surfaces and
appurtenance (such as anchors and fenders) that contact with
water shall be reliably decontaminated, based on standards
developed by the Director using the best available science;
``(4) watercraft bearing positive verification of having
last launched within the Lake Tahoe Basin may be exempted from
decontamination under paragraph (3); and
``(5) while in the Lake Tahoe Basin, all watercraft
maintain documentation of compliance with the strategies
deployed under this section.
``(c) Certification.--The Director may certify State agencies to
perform the decontamination activities described in subsection (b)(3)
at locations outside the Lake Tahoe Basin if standards at the sites
meet or exceed standards for similar sites in the Lake Tahoe Basin
established under this section.
``(d) Applicability.--The strategies and criteria developed under
this section shall apply to all watercraft to be launched on water
within the Lake Tahoe Basin.
``(e) Fees.--The Director may collect and spend fees for
decontamination only at a level sufficient to cover the costs of
operation of inspection and decontamination stations under this
section.
``(f) Civil Penalties.--
``(1) In general.--Any person that launches, attempts to
launch, or facilitates launching of watercraft not in
compliance with strategies deployed under this section shall be
liable for a civil penalty in an amount not to exceed $1,000
per violation.
``(2) Other authorities.--Any penalties assessed under this
subsection shall be separate from penalties assessed under any
other authority.
``(g) Limitation.--The strategies and criteria under subsections
(a) and (b), respectively, may be modified if the Secretary of the
Interior, in a nondelegable capacity and in consultation with the
Planning Agency and State governments, issues a determination that
alternative measures will be no less effective at preventing
introduction of aquatic invasive species into Lake Tahoe than the
strategies and criteria.
``(h) Funding.--Of the amounts made available under section
6(c)(4), not more than $500,000 shall be made available to the
Director, in coordination with the Planning Agency and State
governments--
``(1) to evaluate the feasibility, cost, and potential
effectiveness of further efforts that could be undertaken by
the Federal Government, State and local governments, or private
entities to guard against introduction of aquatic invasive
species into Lake Tahoe, including the potential establishment
of inspection and decontamination stations on major transitways
entering the Lake Tahoe Basin; and
``(2) to evaluate and identify options for ensuring that
all waters connected to Lake Tahoe are protected from quagga
and zebra mussels and other aquatic invasive species.
``(i) Supplemental Authority.--The authority under this section is
supplemental to all actions taken by non-Federal regulatory
authorities.
``(j) Savings Clause.--Nothing in this title shall be construed as
restricting, affecting, or amending any other law or the authority of
any department, instrumentality, or agency of the United States, or any
State or political subdivision thereof, respecting the control of
invasive species.
``SEC. 10. ARMY CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.
``(a) In General.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake Tahoe
Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical assistance for
the Environmental Improvement Program.
``(b) Local Cooperation Agreements.--
``(1) In general.--Before providing technical assistance
under this section, the Assistant Secretary shall enter into a
local cooperation agreement with a non-Federal interest to
provide for the technical assistance.
``(2) Components.--The agreement entered into under
paragraph (1) shall--
``(A) describe the nature of the technical
assistance;
``(B) describe any legal and institutional
structures necessary to ensure the effective long-term
viability of the end products by the non-Federal
interest; and
``(C) include cost-sharing provisions in accordance
with paragraph (3).
``(3) Federal share.--
``(A) In general.--The Federal share of project
costs under each local cooperation agreement under this
subsection shall be 65 percent.
``(B) Form.--The Federal share may be in the form
of reimbursements of project costs.
``(C) Credit.--The non-Federal interest may receive
credit toward the non-Federal share for the reasonable
costs of related technical activities completed by the
non-Federal interest before entering into a local
cooperation agreement with the Assistant Secretary
under this subsection.
``SEC. 11. LAKE TAHOE BASIN PROGRAM.
``The Administrator, in cooperation with the Secretary, the
Planning Agency, the States of California and Nevada, and the Tahoe
Science Consortium, shall develop and implement the Lake Tahoe Basin
Program that--
``(1) develops and regularly updates an integrated
multiagency programmatic assessment and monitoring plan--
``(A) to evaluate the effectiveness of the
Environmental Improvement Program;
``(B) to evaluate the status and trends of
indicators related to environmental threshold carrying
capacities; and
``(C) to assess the impacts and risks of changing
climatic conditions and invasive species;
``(2) develops a comprehensive set of performance measures
for Environmental Improvement Program assessment;
``(3) coordinates the development of the annual report
described in section 13;
``(4) produces and synthesizes scientific information
necessary for--
``(A) the identification and refinement of
environmental indicators for the Lake Tahoe Basin; and
``(B) the evaluation of standards and benchmarks;
``(5) conducts applied research, programmatic technical
assessments, scientific data management, analysis, and
reporting related to key management questions;
``(6) develops new tools and information to support
objective assessments of land use and resource conditions;
``(7) provides scientific and technical support to the
Federal Government and State and local governments in--
``(A) reducing stormwater runoff, air deposition,
and other pollutants that contribute to the loss of
lake clarity; and
``(B) the development and implementation of an
integrated stormwater monitoring and assessment
program;
``(8) establishes and maintains independent peer review
processes--
``(A) to evaluate the Environmental Improvement
Program; and
``(B) to assess the technical adequacy and
scientific consistency of central environmental
documents, such as the 5-year threshold review; and
``(9) provides scientific and technical support for the
development of appropriate management strategies to accommodate
changing climatic conditions in the Lake Tahoe Basin.
``SEC. 12. PUBLIC OUTREACH AND EDUCATION.
``(a) In General.--The Secretary, Administrator, and Director will
coordinate with the Planning Agency to conduct public education and
outreach programs, including encouraging--
``(1) owners of land and residences in the Lake Tahoe
Basin--
``(A) to implement defensible space; and
``(B) to conduct best management practices for
water quality; and
``(2) owners of land and residences in the Lake Tahoe Basin
and visitors to the Lake Tahoe Basin, to help prevent the
introduction and proliferation of invasive species as part of
the private share investment in the Environmental Improvement
Program.
``(b) Required Coordination.--Public outreach and education
programs for aquatic invasive species under this section shall--
``(1) be coordinated with Lake Tahoe Basin tourism and
business organizations; and
``(2) include provisions for the programs to extend outside
of the Lake Tahoe Basin.
``SEC. 13. REPORTING REQUIREMENTS.
``Not later than February 15 of each year, the Administrator, in
cooperation with the Chair, the Secretary, the Director, the Planning
Agency, and the States of California and Nevada, consistent with
section 6(c)(6) and section 11, shall submit to Congress a report that
describes--
``(1) the status of all Federal, State, local, and private
projects authorized under this Act, including to the maximum
extent practicable, for projects that will receive Federal
funds under this Act during the current or subsequent fiscal
year--
``(A) the project scope;
``(B) the budget for the project; and
``(C) the justification for the project, consistent
with the criteria established in section 8(c)(1);
``(2) Federal, State, local, and private expenditures in
the preceding fiscal year to implement the Environmental
Improvement Program and projects otherwise authorized under
this Act;
``(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the performance
measures and other monitoring and assessment activities; and
``(4) public education and outreach efforts undertaken to
implement programs and projects authorized under this Act.
``SEC. 14. ANNUAL BUDGET PLAN.
``As part of the annual budget of the President, the President
shall submit information regarding each Federal agency involved in the
Environmental Improvement Program (including the Forest Service, the
Environmental Protection Agency, and the United States Fish and
Wildlife Service), including--
``(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in carrying out
restoration activities relating to the Environmental
Improvement Program for the following fiscal year;
``(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of the
Environmental Improvement Program during the preceding fiscal
year; and
``(3) a description of the Federal role in the
Environmental Improvement Program, including the specific role
of each agency involved in the restoration of the Lake Tahoe
Basin.
``SEC. 15. GRANT FOR WATERSHED STRATEGY.
``(a) In General.--Of the amounts to be made available under
section 18(a), the Administrator shall use not more than $500,000 to
provide a grant, on a competitive basis, to States, federally
recognized Indian tribes, interstate agencies, other public or
nonprofit agencies and institutions, or institutions of higher
education to develop a Lake Tahoe Basin watershed strategy in
coordination with the Planning Agency, the States of California and
Nevada, and the Secretary.
``(b) Comment.--In developing the watershed strategy under
subsection (a), the grant recipients shall provide an opportunity for
public review and comment.
``(c) Components.--The watershed strategy developed under
subsection (a) shall include--
``(1) a classification system, inventory, and assessment of
stream environment zones;
``(2) comprehensive watershed characterization and
restoration priorities consistent with--
``(A) the Lake Tahoe total maximum daily load; and
``(B) the environmental threshold carrying
capacities of Lake Tahoe;
``(3) a monitoring and assessment program consistent with
section 11; and
``(4) an adaptive management system--
``(A) to measure and evaluate progress; and
``(B) to adjust the program.
``(d) Deadline.--The watershed strategy developed under subsection
(a) shall be completed by the date that is 2 years after the date on
which funds are made available to carry out this section.''.
SEC. 8. RELATIONSHIP TO OTHER LAWS.
Section 17 of The Lake Tahoe Restoration Act (Public Law 106-506;
114 Stat. 2358) (as redesignated by section 7(2)) is amended by
inserting ``, Director, or Administrator'' after ``Secretary''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351)
is amended by striking section 18 (as redesignated by section 7(2)) and
inserting the following:
``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
``(a) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this Act $415,000,000 for a
period of 10 fiscal years beginning the first fiscal year after
the date of enactment of the Lake Tahoe Restoration Act of
2011.
``(2) Use of funds.--As of the date of enactment of the
Lake Tahoe Restoration Act of 2011, of the funds authorized to
be appropriated to be used to carry out sections 6 and 7, the
Secretary may use such sums as are necessary to implement
projects on the Priority List, to remain available until
expended.
``(b) Effect on Other Funds.--Amounts authorized under this section
and any amendments made by this Act--
``(1) shall be in addition to any other amounts made
available to the Secretary, Administrator, or Director for
expenditure in the Lake Tahoe Basin; and
``(2) shall not reduce allocations for other Regions of the
Forest Service, Environmental Protection Agency, or United
States Fish and Wildlife Service.
``(c) Cost-Sharing Requirement.--Except as provided in subsection
(d) and section 6(c)(3)(E), the States of California and Nevada shall
pay 50 percent of the aggregate costs of restoration activities in the
Lake Tahoe Basin funded under section 6 or 8.
``(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts two-thirds of the
costs of relocating facilities in connection with--
``(1) environmental restoration projects under sections 6
and 8; and
``(2) erosion control projects under section 2 of Public
Law 96-586 (94 Stat. 3381).
``(e) Signage.--To the maximum extent practicable, a project
provided assistance under this Act shall include appropriate signage at
the project site that--
``(1) provides information to the public on--
``(A) the amount of Federal funds being provided to
the project; and
``(B) this Act; and
``(2) displays the visual identity mark of the
Environmental Improvement Program.''.
SEC. 10. CONFORMING AMENDMENTS.
(a) Administration of Acquired Land.--Section 3(b) of Public Law
96-586 (94 Stat. 3384) 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:
``(2) Interchange.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary of Agriculture (acting through the Chief
of the Forest Service) (referred to in this paragraph
as the `Secretary') may interchange (as defined in the
first section of Public Law 97-465 (16 U.S.C. 521c))
any land or interest in land within the Lake Tahoe
Basin Management Unit described in subparagraph (B)
with appropriate units of State government.
``(B) Eligible land.--The land or interest in land
referred to in subparagraph (A) is land or an interest
in land that the Secretary determines is not subject to
efficient administration by the Secretary because of
the location or size of the land.
``(C) Consideration.--In any interchange under this
paragraph, the Secretary shall accept land within the
Lake Tahoe Basin Management Unit of approximately equal
value (as defined in accordance with section 6(2) of
Public Law 97-465 (16 U.S.C. 521h)).
``(D) Environmental analysis.--For the purposes of
any environmental analysis of an interchange under this
paragraph, the Secretary shall--
``(i) assume the maintenance of the
environmental status quo; and
``(ii) not be required to individually
assess each parcel that is managed under the
Lake Tahoe Basin Management Unit Urban Lots
Program.
``(E) Use of land acquired by state government.--In
any interchange under this paragraph, the Secretary
shall--
``(i) insert in the applicable deed such
terms, covenants, conditions, and reservations
as the Secretary determines to be necessary to
ensure--
``(I) protection of the public
interest, including protection of the
ecological, scenic, wildlife, and
recreational values of the National
Forest System; and
``(II) the provision for
appropriate access to, and use of, land
within the National Forest System;
``(III) that land subject to
exchange is monitored for compliance
with subclauses (I) and (II); and
``(IV) if the land conveyed under
this paragraph is used in a manner that
is inconsistent with this section, the
land shall, at the discretion of the
Secretary, revert to the United States;
or
``(ii) reserve a conservation easement to
ensure that the land conveyed is managed in
accordance with subclauses (I) through (IV) of
clause (i).
``(F) Delegation of monitoring and enforcement by
transfer of conservation easement.--
``(i) Definition of eligible entity.--In
this subparagraph, the term `eligible entity'
means--
``(I) a conservation agency of a
local government or an Indian tribe;
``(II) the Tahoe Regional Planning
Agency; or
``(III) an organization that--
``(aa) is organized for,
and at all times since the
formation of the organization,
has been operated principally
for 1 or more of the
conservation purposes specified
in clause (i), (ii), (iii), or
(iv) of section 170(h)(4)(A) of
the Internal Revenue Code of
1986;
``(bb) is an organization
described in section 501(c)(3)
of that Code that is exempt
from taxation under section
501(a) of that Code;
``(cc) is described in
paragraph (1) or (2) of section
509(a) of that Code; or
``(dd)(AA) is described in
section 509(a)(3) of that Code;
and
``(BB) is controlled by an
organization described in
section 509(a)(2) of that Code.
``(ii) Delegation.--Subject to clause
(iii), the Secretary may delegate to an
eligible entity any monitoring and enforcement
duties relating to a conservation easement
under this paragraph by transferring title of
ownership to an easement to an eligible entity
to hold and enforce.
``(iii) Restriction.--The Secretary may
delegate monitoring or enforcement duties under
clause (ii) if--
``(I) the Secretary retains the
right to conduct periodic inspections
and enforce the easement;
``(II) the Secretary determines
that the transfer will promote
protection of ecological, scenic,
wildlife, and recreational values;
``(III) the eligible entity assumes
the costs incurred in administering and
enforcing the easement;
``(IV) the Secretary determines
that the eligible entity has the
resources necessary to carry out
monitoring and enforcement activities;
and
``(V) all delegated monitoring and
enforcement duties revert to the
Secretary if the eligible entity cannot
perform the delegated duties, at the
discretion of the Secretary.
``(G) Transfer of land acquired by units of state
government.--Any unit of State government that receives
National Forest System land through an interchange
under this paragraph shall not convey the land to any
person or entity other than the Federal Government or a
State government.''.
(b) Interagency Agreement Funding.--Section 108(g) of title I of
division C of the Consolidated Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 2942) is amended by striking ``$25,000,000'' and
inserting ``$75,000,000''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1121-1123)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S1123-1128)
Committee on Environment and Public Works. Ordered to be reported with an amendment favorably.
Committee on Environment and Public Works. Reported by Senator Boxer with amendments. With written report No. 112-148.
Committee on Environment and Public Works. Reported by Senator Boxer with amendments. With written report No. 112-148.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 317.
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