(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Lake Tahoe Restoration Act of 2013 - Reauthorizes the Lake Tahoe Restoration Act.
(Sec. 2) Revises the purposes of the Act.
(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 conveyance of land 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.
(Sec. 5) Revises consultation requirements by requiring the Secretary, the Administrator of the Environmental Protection Agency (EPA), the Director of the U.S. Fish and Wildlife Service (USFWS), and the Director of the United States Geological Survey (USGS) 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 Assistant Secretary of the Army for Civil Works, the Directors, and the Administrator to implement or provide financial assistance for stormwater and watershed restoration projects, wildfire prevention and fire restoration 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 subjected to environmental review and approval under federal and state law and the Tahoe Regional Planning Compact. Authorizes funding for the projects as well as for outreach, reporting requirements, the annual budget plan, and for the California Tahoe Conservancy to facilitate the conveyance of land described in the Santini-Burton Act.
(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 the Environmental Improvement Program (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, with preference given 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 two years or on a finding of compelling need justifying a priority shift.
Requires the USFWS to deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction of aquatic invasive species into the Basin. Applies those strategies to all watercraft to be launched on water within the Basin.
Authorizes the TRPA to certify state and local 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 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 USFWS 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.
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 Secretary, the Administrator, the TRPA, California, Nevada, and the Tahoe Science Consortium to implement a Lake Tahoe Basin Science Program that includes:
Requires the Secretary, Administrator, and Directors to conduct related public education and outreach programs. Requires USGS to provide scientific and technical guidance to the public outreach and education programs.
Requires the Secretary 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.
Requires the President, as part of the annual budget, to submit information regarding each federal agency involved in EIP.
(Sec. 9) Authorizes appropriations for such Act for a period of 10 fiscal years beginning the first fiscal year after enactment of this Act.
(Sec. 10) Authorizes the Secretary: (1) to accept a donation of approximately 1,981 acres of land administered by the California Tahoe Conservancy and approximately 187 acres of land administered by California State Parks; and (2) after receiving the title to those acres, to convey to California approximately 1,995 acres of Forest Service land.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1451
To provide for environmental restoration activities and forest
management activities in the Lake Tahoe Basin, to amend title 18,
United States Code, to prohibit the importation or shipment of quagga
mussels, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mrs. Feinstein (for herself, Mr. Reid, Mr. Heller, and Mrs. Boxer)
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, to amend title 18,
United States Code, to prohibit the importation or shipment of quagga
mussels, 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
2013''.
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 one of the largest, deepest, and clearest
lakes in the world;
``(B) has a cobalt blue color, a biologically
diverse alpine setting, and remarkable water clarity;
and
``(C) is recognized nationally and worldwide as a
natural resource of special significance;
``(2) in addition to being a scenic and ecological
treasure, the Lake Tahoe Basin is one of the outstanding
recreational resources of the United States, which--
``(A) offers skiing, water sports, biking, camping,
and hiking to millions of visitors each year; and
``(B) contributes significantly to the economies of
California, Nevada, and the United States;
``(3) the economy in the Lake Tahoe Basin is dependent on
the protection and restoration of the natural beauty and
recreation opportunities in the area;
``(4) the Lake Tahoe Basin continues to be threatened by
the impacts of land use and transportation patterns developed
in the last century that damage the fragile watershed of the
Basin;
``(5) the water clarity of Lake Tahoe declined from a
visibility level of 105 feet in 1967 to only 70 feet in 2008;
``(6) the rate of decline in water clarity of Lake Tahoe
has decreased in recent years;
``(7) a stable water clarity level for Lake Tahoe could be
achieved through feasible control measures for very fine
sediment particles and nutrients;
``(8) fine sediments that cloud Lake Tahoe, and key
nutrients such as phosphorus and nitrogen that support the
growth of algae and invasive plants, continue to flow into the
lake from stormwater runoff from developed areas, roads, turf,
other disturbed land, and streams;
``(9) the destruction and alteration of wetland, wet
meadows, and stream zone habitat have compromised the natural
capacity of the watershed to filter sediment, nutrients, and
pollutants before reaching Lake Tahoe;
``(10) approximately 25 percent of the trees in the Lake
Tahoe Basin are either dead or dying;
``(11) forests in the Tahoe Basin suffer from over a
century of fire suppression and periodic drought, which have
resulted in--
``(A) high tree density and mortality;
``(B) the loss of biological diversity; and
``(C) a large quantity of combustible forest fuels,
which significantly increases the threat of
catastrophic fire and insect infestation;
``(12) the establishment of several aquatic and terrestrial
invasive species (including perennial pepperweed, milfoil, and
Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
``(13) there is an ongoing threat to the Lake Tahoe Basin
of the introduction and establishment of other invasive species
(such as yellow starthistle, New Zealand mud snail, and quagga
mussel);
``(14) the report prepared by the University of California,
Davis, entitled the `State of the Lake Report', found that
conditions in the Lake Tahoe Basin had changed, including--
``(A) the average surface water temperature of Lake
Tahoe has risen by more than 1.2 degrees Fahrenheit in
the past 43 years;
``(B) since 1910, the percent of precipitation that
has fallen as snow in the Lake Tahoe Basin decreased
from 51 percent to 35.5 percent; and
``(C) daily air temperatures have increased by more
than 4 degrees Fahrenheit and the trend in daily
maximum temperature has risen by approximately 2
degrees Fahrenheit;
``(15) 75 percent of the land in the Lake Tahoe Basin is
owned by the Federal Government, which makes it a Federal
responsibility to restore environmental health to the Basin;
``(16) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
``(A) congressional consent to the establishment of
the Tahoe Regional Planning Agency with--
``(i) the enactment in 1969 of Public Law
91-148 (83 Stat. 360); and
``(ii) the enactment in 1980 of Public Law
96-551 (94 Stat. 3233);
``(B) the establishment of the Lake Tahoe Basin
Management Unit in 1973;
``(C) the enactment of Public Law 96-586 (94 Stat.
3381) in 1980 to provide for the acquisition of
environmentally sensitive land and erosion control
grants in the Lake Tahoe Basin;
``(D) the enactment of sections 341 and 342 of the
Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108-108; 117 Stat.
1317), which amended the Southern Nevada Public Land
Management Act of 1998 (Public Law 105-263; 112 Stat.
2346) to provide payments for the environmental
restoration projects under this Act; and
``(E) the enactment of section 382 of the Tax
Relief and Health Care Act of 2006 (Public Law 109-432;
120 Stat. 3045), which amended the Southern Nevada
Public Land Management Act of 1998 (Public Law 105-263;
112 Stat. 2346) to authorize development and
implementation of a comprehensive 10-year hazardous
fuels and fire prevention plan for the Lake Tahoe
Basin;
``(17) the Assistant Secretary of the Army for Civil Works
was an original signatory in 1997 to the Agreement of Federal
Departments on Protection of the Environment and Economic
Health of the Lake Tahoe Basin;
``(18) the Chief of Engineers, under direction from the
Assistant Secretary of the Army for Civil Works, has continued
to be a significant contributor to Lake Tahoe Basin
restoration, including--
``(A) stream and wetland restoration;
``(B) urban stormwater conveyance and treatment;
and
``(C) programmatic technical assistance;
``(19) at the Lake Tahoe Presidential Forum in 1997, the
President renewed the commitment of the Federal Government to
Lake Tahoe by--
``(A) committing to increased Federal resources for
environmental restoration at Lake Tahoe; and
``(B) establishing the Federal Interagency
Partnership and Federal Advisory Committee to consult
on natural resources issues concerning the Lake Tahoe
Basin;
``(20) at the 2011 and 2012 Lake Tahoe Forums, Senator
Reid, Senator Feinstein, Senator Heller, Senator Ensign,
Governor Gibbons, Governor Sandoval, and Governor Brown--
``(A) renewed their commitment to Lake Tahoe; and
``(B) expressed their desire to fund the Federal
and State shares of the Environmental Improvement
Program through 2022;
``(21) since 1997, the Federal Government, the States of
California and Nevada, units of local government, and the
private sector have contributed more than $1,620,000,000 to the
Lake Tahoe Basin, including--
``(A) $521,100,000 from the Federal Government;
``(B) $636,200,000 from the State of California;
``(C) $101,400,000 from the State of Nevada;
``(D) $68,200,000 from units of local government;
and
``(E) $299,600,000 from private interests;
``(22) significant additional investment from Federal,
State, local, and private sources is necessary--
``(A) to restore and sustain the environmental
health of the Lake Tahoe Basin;
``(B) to adapt to the impacts of changing water
temperature and precipitation; and
``(C) to protect the Lake Tahoe Basin from the
introduction and establishment of invasive species; and
``(23) the Secretary has indicated that the Lake Tahoe
Basin Management Unit has the capacity for at least $10,000,000
for the Fire Risk Reduction and Forest Management Program.
``(b) Purposes.--The purposes of this Act are--
``(1) to enable the Chief of the Forest Service, the
Director of the United States Fish and Wildlife Service, and
the Administrator of the Environmental Protection Agency, in
cooperation with the Planning Agency and the States of
California and Nevada, to fund, plan, and implement significant
new environmental restoration activities and forest management
activities to address in the Lake Tahoe Basin the issues
described in paragraphs (4) through (14) of subsection (a);
``(2) to ensure that Federal, State, local, regional,
tribal, and private entities continue to work together to
manage land in the Lake Tahoe Basin and to coordinate on other
activities in a manner that supports achievement and
maintenance of--
``(A) the environmental threshold carrying
capacities for the region; and
``(B) other applicable environmental standards and
objectives;
``(3) to support local governments in efforts related to
environmental restoration, stormwater pollution control, fire
risk reduction, and forest management activities; and
``(4) to ensure that agency and science community
representatives in the Lake Tahoe Basin work together--
``(A) to develop and implement a plan for
integrated monitoring, assessment, and applied research
to evaluate the effectiveness of the Environmental
Improvement Program; and
``(B) to provide objective information as a basis
for ongoing decisionmaking, with an emphasis on
decisionmaking relating to public and private land use
and resource management in the Basin.''.
SEC. 3. DEFINITIONS.
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) Directors.--The term `Directors' means--
``(A) the Director of the United States Fish and
Wildlife Service; and
``(B) the Director of the United States Geological
Survey.
``(6) Environmental improvement program.--The term
`Environmental Improvement Program' means--
``(A) the Environmental Improvement Program adopted
by the Planning Agency; and
``(B) any amendments to the Program.
``(7) Environmental threshold carrying capacity.--The term
`environmental threshold carrying capacity' has the meaning
given the term in article II of the compact.
``(8) Federal partnership.--The term `Federal Partnership'
means the Lake Tahoe Federal Interagency Partnership
established by Executive Order 13957 (62 Fed. Reg. 41249) (or a
successor Executive order).
``(9) Forest management activity.--The term `forest
management activity' includes--
``(A) prescribed burning for ecosystem health and
hazardous fuels reduction;
``(B) mechanical and minimum tool treatment;
``(C) road decommissioning or reconstruction;
``(D) stream environment zone restoration and other
watershed and wildlife habitat enhancements;
``(E) nonnative invasive species management; and
``(F) other activities consistent with Forest
Service practices, as the Secretary determines to be
appropriate.
``(10) Maps.--The term `Maps' means the maps--
``(A) entitled--
``(i) `LTRA USFS-CA Land Exchange/North
Shore';
``(ii) `USFS-CA Land Exchange/West Shore';
and
``(iii) `USFS-CA Land Exchange/South
Shore'; and
``(B) dated April 12, 2013, and on file and
available for public inspection in the appropriate
offices of--
``(i) the Forest Service;
``(ii) the California Tahoe Conservancy;
and
``(iii) the California Department of Parks
and Recreation.
``(11) National wildland fire code.--The term `national
wildland fire code' means--
``(A) the most recent publication of the National
Fire Protection Association codes numbered 1141, 1142,
1143, and 1144;
``(B) the most recent publication of the
International Wildland-Urban Interface Code of the
International Code Council; or
``(C) any other code that the Secretary determines
provides the same, or better, standards for protection
against wildland fire as a code described in
subparagraph (A) or (B).
``(12) Planning agency.--The term `Planning Agency' means
the Tahoe Regional Planning Agency established under Public Law
91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
``(13) Priority list.--The term `Priority List' means the
environmental restoration priority list developed under section
8.
``(14) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(15) Stream environment zone.--The term `Stream
Environment Zone' means an area that generally owes the
biological and physical characteristics of the area to the
presence of surface water or groundwater.
``(16) Total maximum daily load.--The term `total maximum
daily load' means the total maximum daily load allocations
adopted under section 303(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(d)).
``(17) Watercraft.--The term `watercraft' means motorized
and non-motorized watercraft, including boats, seaplanes,
personal watercraft, kayaks, and canoes.''.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
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 water temperature and
precipitation; and
``(ii) helps achieve and maintain the
environmental threshold carrying capacities
established by the Planning Agency.
``(B) Exception.--Notwithstanding clause (A)(i),
the attainment of multiple ecosystem benefits shall not
be required if the Secretary determines that management
for multiple ecosystem benefits would excessively
increase the cost of a project in relation to the
additional ecosystem benefits gained from the
management activity.
``(3) Ground disturbance.--Consistent with applicable
Federal law and Lake Tahoe Basin Management Unit land and
resource management plan direction, the Secretary shall--
``(A) establish post-project ground condition
criteria for ground disturbance caused by forest
management activities; and
``(B) provide for monitoring to ascertain the
attainment of the post-project conditions.
``(e) Withdrawal of Federal Land.--
``(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake Tahoe Basin
Management Unit is withdrawn from--
``(A) all forms of entry, appropriation, or
disposal under the public land laws;
``(B) location, entry, and patent under the mining
laws; and
``(C) disposition under all laws relating to
mineral and geothermal leasing.
``(2) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out under--
``(A) the Lake Tahoe Restoration Act (Public Law
106-506; 114 Stat. 2351); or
``(B) the Santini-Burton Act (Public Law 96-586; 94
Stat. 3381).
``(f) Environmental Threshold Carrying Capacity.--The Lake Tahoe
Basin Management Unit shall support the attainment of the environmental
threshold carrying capacities.
``(g) Cooperative Authorities.--During the 4 fiscal years following
the date of enactment of the Lake Tahoe Restoration Act of 2013, the
Secretary, in conjunction with land adjustment projects or programs,
may enter into contracts and cooperative agreements with States, units
of local government, and other public and private entities to provide
for fuel reduction, erosion control, reforestation, Stream Environment
Zone restoration, and similar management activities on Federal land and
non-Federal land within the projects or programs.''.
SEC. 5. CONSULTATION.
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 Directors shall, as appropriate and in a timely manner, consult
with the heads of the Washoe Tribe, applicable Federal, State,
regional, and local governmental agencies, and the Lake Tahoe Federal
Advisory Committee.''.
SEC. 6. 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 Assistant Secretary, the
Directors, and the Administrator, in coordination with the Planning
Agency and the States of California and Nevada, may carry out or
provide financial assistance to any project or program that--
``(1) is described in subsection (d);
``(2) is included in the Priority List under section 8; and
``(3) furthers the purposes of the Environmental
Improvement Program if the project has been subject to
environmental review and approval, respectively, as required
under Federal law, article 7 of the Compact, and State law, as
applicable.
``(b) Restriction.--The Administrator shall use not more than 3
percent of the funds provided under subsection (a) for administering
the projects or programs described in paragraphs (1) and (2) of
subsection (d).
``(c) Monitoring and Assessment.--All projects authorized under
subsection (d) shall--
``(1) include funds for monitoring and assessment of the
results and effectiveness at the project and program level
consistent with the program developed under section 11; and
``(2) use the integrated multiagency performance measures
established under section 13.
``(d) Description of Activities.--
``(1) Stormwater management, erosion control, and total
maximum daily load implementation.--Of the amounts made
available under section 17(a), $75,000,000 shall be made
available--
``(A) to the Secretary or the Administrator for the
Federal share of stormwater management and related
projects and programs consistent with the adopted Total
Maximum Daily Load and near-shore water quality goals;
and
``(B) for grants by the Secretary and the
Administrator to carry out the projects and programs
described in subparagraph (A).
``(2) Stream environment zone and watershed restoration.--
Of the amounts made available under section 17(a), $38,000,000
shall be made available--
``(A) to the Secretary or the Assistant Secretary
for the Federal share of the Upper Truckee River
restoration projects and other watershed restoration
projects identified in the priority list established
under section 8; and
``(B) for grants by the Administrator to carry out
the projects described in subparagraph (A).
``(3) Fire risk reduction and forest management.--
``(A) In general.--Of the amounts made available
under section 17(a), $135,000,000 shall be made
available to the Secretary to carry out, including by
making grants, the following projects:
``(i) Projects identified as part of the
Lake Tahoe Basin Multi-Jurisdictional Fuel
Reduction and Wildfire Prevention Strategy 10-
Year Plan.
``(ii) Competitive grants for fuels work to
be awarded by the Secretary to communities that
have adopted national wildland fire codes to
implement the applicable portion of the 10-year
plan described in clause (i).
``(iii) Biomass projects, including
feasibility assessments and transportation of
materials.
``(iv) Angora Fire Restoration projects
under the jurisdiction of the Secretary.
``(v) Washoe Tribe projects on tribal lands
within the Lake Tahoe Basin.
``(vi) Development of an updated Lake Tahoe
Basin multijurisdictional fuel reduction and
wildfire prevention strategy, consistent with
section 4(d).
``(vii) Development of updated community
wildfire protection plans by local fire
districts.
``(viii) Municipal water infrastructure
that significantly improves the firefighting
capability of local government within the Lake
Tahoe Basin.
``(B) Minimum allocation.--Of the amounts made
available to the Secretary to carry out subparagraph
(A), at least $80,000,000 shall be used by the
Secretary for projects under subparagraph (A)(i).
``(C) Priority.--Units of local government that
have dedicated funding for inspections and enforcement
of defensible space regulations shall be given priority
for amounts provided under this paragraph.
``(D) Cost-sharing requirements.--
``(i) In general.--As a condition on the
receipt of funds, communities or local fire
districts that receive funds under this
paragraph shall provide a 25-percent match.
``(ii) Form of non-federal share.--
``(I) In general.--The non-Federal
share required under clause (i) may be
in the form of cash contributions or
in-kind contributions, including
providing labor, equipment, supplies,
space, and other operational needs.
``(II) Credit for certain dedicated
funding.--There shall be credited
toward the non-Federal share required
under clause (i) any dedicated funding
of the communities or local fire
districts for a fuels reduction
management program, defensible space
inspections, or dooryard chipping.
``(III) Documentation.--Communities
and local fire districts shall--
``(aa) maintain a record of
in-kind contributions that
describes--
``(AA) the monetary
value of the in-kind
contributions; and
``(BB) the manner
in which the in-kind
contributions assist in
accomplishing project
goals and objectives;
and
``(bb) document in all
requests for Federal funding,
and include in the total
project budget, evidence of the
commitment to provide the non-
Federal share through in-kind
contributions.
``(4) Invasive species management.--Of the amounts to be
made available under section 17(a), $30,000,000 shall be made
available to the Director of the United States Fish and
Wildlife Service for the Aquatic Invasive Species Program and
the watercraft inspections described in section 9.
``(5) Special status species management.--Of the amounts to
be made available under section 17(a), $20,000,000 shall be
made available to the Director of the United States Fish and
Wildlife Service for the Lahontan Cutthroat Trout Recovery
Program.
``(6) Lake tahoe basin science program.--Of the amounts to
be made available under section 17(a), $30,000,000 shall be
made available to the Chief of the Forest Service to develop
and implement, in coordination with the Tahoe Science
Consortium, the Lake Tahoe Basin Science Program established
under section 11.
``(7) Program performance and accountability.--
``(A) In general.--Of the amounts to be made
available under section 17(a), $5,000,000 shall be made
available to the Secretary to carry out sections 12,
13, and 14.
``(B) Planning agency.--Of the amounts described in
subparagraph (A), not less than 50 percent shall be
made available to the Planning Agency to carry out the
program oversight, coordination, and outreach
activities established under sections 12, 13, and 14.
``(8) Land conveyance.--
``(A) In general.--Of the amount made available
under section 17(a), $2,000,000 shall be made available
to the Secretary to carry out the activities under
section 3(b)(2) of Public Law 96-586 (94 Stat. 3384)
(commonly known as the `Santini-Burton Act').
``(B) Other funds.--Of the amounts available to the
Secretary under subparagraph (A), not less than 50
percent shall be provided to the California Tahoe
Conservancy to facilitate the conveyance of land
described in section 3(b)(2) of Public Law 96-586 (94
Stat. 3384) (commonly known as the `Santini-Burton
Act').''.
SEC. 7. ENVIRONMENTAL 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
15, 16, and 17, respectively; and
(3) by inserting after section 7 the following:
``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.
``(a) Deadline.--Not later than February 15 of the year after the
date of enactment of the Lake Tahoe Restoration Act of 2013, the Chair,
in consultation with the Secretary, the Administrator, the Directors,
the Planning Agency, the States of California and Nevada, the Federal
Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory
Committee, and the Tahoe Science Consortium shall submit to Congress a
prioritized list of all Environmental Improvement Program projects for
the Lake Tahoe Basin for each program category described in section
6(d).
``(b) Criteria.--
``(1) In general.--The priority of projects included in the
Priority List shall be based on the best available science and
the following criteria:
``(A) The 5-year threshold carrying capacity
evaluation.
``(B) The ability to measure progress or success of
the project.
``(C) The potential to significantly contribute to
the achievement and maintenance of the environmental
threshold carrying capacities identified in the Compact
for--
``(i) air quality;
``(ii) fisheries;
``(iii) noise;
``(iv) recreation;
``(v) scenic resources;
``(vi) soil conservation;
``(vii) forest health;
``(viii) water quality; and
``(ix) wildlife.
``(D) The ability of a project to provide multiple
benefits.
``(E) The ability of a project to leverage non-
Federal contributions.
``(F) Stakeholder support for the project.
``(G) The justification of Federal interest.
``(H) Agency priority.
``(I) Agency capacity.
``(J) Cost-effectiveness.
``(K) Federal funding history.
``(2) Secondary factors.--In addition to the criteria under
paragraph (1), the Chair shall, as the Chair determines to be
appropriate, give preference to projects in the Priority List
that benefit existing neighborhoods in the Basin that are at or
below regional median income levels, based on the most recent
census data available.
``(c) Revisions.--
``(1) In general.--The Priority List submitted under
subsection (b) shall be revised--
``(A) every 2 years; or
``(B) on a finding of compelling need under
paragraph (2).
``(2) Finding of compelling need.--
``(A) In general.--If the Secretary, the
Administrator, or the Director of the United States
Fish and Wildlife Service makes a finding of compelling
need justifying a priority shift and the finding is
approved by the Secretary, the Executive Director of
the Planning Agency, the California Natural Resources
Secretary, and the Director of the Nevada Department of
Conservation, the Priority List shall be revised in
accordance with this subsection.
``(B) Inclusions.--A finding of compelling need
includes--
``(i) major scientific findings;
``(ii) results from the threshold
evaluation of the Planning Agency;
``(iii) emerging environmental threats; and
``(iv) rare opportunities for land
acquisition.
``(d) Funding.--Of the amount made available under section 17(a),
$80,000,000 shall be made available to the Secretary to carry out this
section.
``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.
``(a) In General.--The Director of the United States Fish and
Wildlife Service, in coordination with the Planning Agency, the
California Department of Fish and Game, and the Nevada Department of
Wildlife, shall deploy strategies consistent with the Lake Tahoe
Aquatic Invasive Species Management Plan to prevent the introduction of
aquatic invasive species into the Lake Tahoe Basin.
``(b) Criteria.--The strategies referred to in subsection (a) shall
provide that--
``(1) combined inspection and decontamination stations be
established and operated at not less than 2 locations in the
Lake Tahoe Basin; and
``(2) watercraft not be allowed to launch in waters of the
Lake Tahoe Basin if the watercraft has not been inspected in
accordance with the Lake Tahoe Aquatic Invasive Species
Management Plan.
``(c) Certification.--The Planning Agency may certify State and
local agencies to perform the decontamination activities described in
subsection (b)(3) at locations outside the Lake Tahoe Basin if
standards at the sites meet or exceed standards for similar sites in
the Lake Tahoe Basin established under this section.
``(d) Applicability.--The strategies and criteria developed under
this section shall apply to all watercraft to be launched on water
within the Lake Tahoe Basin.
``(e) Fees.--The Director of the United States Fish and Wildlife
Service may collect and spend fees for decontamination only at a level
sufficient to cover the costs of operation of inspection and
decontamination stations under this section.
``(f) Civil Penalties.--
``(1) In general.--Any person that launches, attempts to
launch, or facilitates launching of watercraft not in
compliance with strategies deployed under this section shall be
liable for a civil penalty in an amount not to exceed $1,000
per violation.
``(2) Other authorities.--Any penalties assessed under this
subsection shall be separate from penalties assessed under any
other authority.
``(g) Limitation.--The strategies and criteria under subsections
(a) and (b), respectively, may be modified if the Secretary of the
Interior, in a nondelegable capacity and in consultation with the
Planning Agency and State governments, issues a determination that
alternative measures will be no less effective at preventing
introduction of aquatic invasive species into Lake Tahoe than the
strategies and criteria.
``(h) Supplemental Authority.--The authority under this section is
supplemental to all actions taken by non-Federal regulatory
authorities.
``(i) Savings Clause.--Nothing in this title shall be construed as
restricting, affecting, or amending any other law or the authority of
any department, instrumentality, or agency of the United States, or any
State or political subdivision thereof, respecting the control of
invasive species.
``SEC. 10. CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.
``(a) In General.--The Assistant Secretary may enter into
interagency agreements with non-Federal interests in the Lake Tahoe
Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical assistance for
the Environmental Improvement Program.
``(b) Local Cooperation Agreements.--
``(1) In general.--Before providing technical assistance
under this section, the Assistant Secretary shall enter into a
local cooperation agreement with a non-Federal interest to
provide for the technical assistance.
``(2) Components.--The agreement entered into under
paragraph (1) shall--
``(A) describe the nature of the technical
assistance;
``(B) describe any legal and institutional
structures necessary to ensure the effective long-term
viability of the end products by the non-Federal
interest; and
``(C) include cost-sharing provisions in accordance
with paragraph (3).
``(3) Federal share.--
``(A) In general.--The Federal share of project
costs under each local cooperation agreement under this
subsection shall be 65 percent.
``(B) Form.--The Federal share may be in the form
of reimbursements of project costs.
``(C) Credit.--The non-Federal interest may receive
credit toward the non-Federal share for the reasonable
costs of related technical activities completed by the
non-Federal interest before entering into a local
cooperation agreement with the Assistant Secretary
under this subsection.
``SEC. 11. LAKE TAHOE BASIN SCIENCE PROGRAM.
``The Secretary (acting through the Station Director of the Forest
Service, Pacific Southwest Research Station), the Administrator, the
Planning Agency, the States of California and Nevada, and the Tahoe
Science Consortium, shall develop and implement the Lake Tahoe Basin
Science Program that--
``(1) develops and regularly updates an integrated
multiagency programmatic assessment and monitoring plan--
``(A) to evaluate the effectiveness of the
Environmental Improvement Program;
``(B) to evaluate the status and trends of
indicators related to environmental threshold carrying
capacities; and
``(C) to assess the impacts and risks of changing
water temperature, precipitation, and invasive species;
``(2) produces and synthesizes scientific information
necessary for--
``(A) the identification and refinement of
environmental indicators for the Lake Tahoe Basin; and
``(B) the evaluation of standards and benchmarks;
``(3) conducts applied research, programmatic technical
assessments, scientific data management, analysis, and
reporting related to key management questions;
``(4) develops new tools and information to support
objective assessments of land use and resource conditions;
``(5) provides scientific and technical support to the
Federal Government and State and local governments in--
``(A) reducing stormwater runoff, air deposition,
and other pollutants that contribute to the loss of
lake clarity; and
``(B) the development and implementation of an
integrated stormwater monitoring and assessment
program;
``(6) establishes and maintains independent peer review
processes--
``(A) to evaluate the Environmental Improvement
Program; and
``(B) to assess the technical adequacy and
scientific consistency of central environmental
documents, such as the 5-year threshold review; and
``(7) provides scientific and technical support for the
development of appropriate management strategies to accommodate
changing water temperature and precipitation in the Lake Tahoe
Basin.
``SEC. 12. PUBLIC OUTREACH AND EDUCATION.
``(a) In General.--The Secretary, the Administrator, and the
Directors will coordinate with the Planning Agency to conduct public
education and outreach programs, including encouraging--
``(1) owners of land and residences in the Lake Tahoe
Basin--
``(A) to implement defensible space; and
``(B) to conduct best management practices for
water quality; and
``(2) owners of land and residences in the Lake Tahoe Basin
and visitors to the Lake Tahoe Basin, to help prevent the
introduction and proliferation of invasive species as part of
the private share investment in the Environmental Improvement
Program.
``(b) Scientific and Technical Guidance.--The Director of the
United States Geological Survey shall provide scientific and technical
guidance to public outreach and education programs conducted under this
section.
``(c) Required Coordination.--Public outreach and education
programs for aquatic invasive species under this section shall--
``(1) be coordinated with Lake Tahoe Basin tourism and
business organizations; and
``(2) include provisions for the programs to extend outside
of the Lake Tahoe Basin.
``SEC. 13. REPORTING REQUIREMENTS.
``Not later than February 15 of each year, the Secretary, in
cooperation with the Chair, the Administrator, the Directors, the
Planning Agency, and the States of California and Nevada, consistent
with section 6(d)(6), shall submit to Congress a report that
describes--
``(1) the status of all Federal, State, local, and private
projects authorized under this Act, including to the maximum
extent practicable, for projects that will receive Federal
funds under this Act during the current or subsequent fiscal
year--
``(A) the project scope;
``(B) the budget for the project; and
``(C) the justification for the project, consistent
with the criteria established in section 8(b)(1);
``(2) Federal, State, local, and private expenditures in
the preceding fiscal year to implement the Environmental
Improvement Program and projects otherwise authorized under
this Act;
``(3) accomplishments in the preceding fiscal year in
implementing this Act in accordance with the performance
measures and other monitoring and assessment activities; and
``(4) public education and outreach efforts undertaken to
implement programs and projects authorized under this Act.
``SEC. 14. ANNUAL BUDGET PLAN.
``As part of the annual budget of the President, the President
shall submit information regarding each Federal agency involved in the
Environmental Improvement Program (including the Forest Service, the
Environmental Protection Agency, the United States Fish and Wildlife
Service), the United States Geological Survey, and the Corps of
Engineers), including--
``(1) an interagency crosscut budget that displays the
proposed budget for use by each Federal agency in carrying out
restoration activities relating to the Environmental
Improvement Program for the following fiscal year;
``(2) a detailed accounting of all amounts received and
obligated by Federal agencies to achieve the goals of the
Environmental Improvement Program during the preceding fiscal
year; and
``(3) a description of the Federal role in the
Environmental Improvement Program, including the specific role
of each agency involved in the restoration of the Lake Tahoe
Basin.''.
SEC. 8. RELATIONSHIP TO OTHER LAWS.
Section 16 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 17 (as redesignated by section 7(2)) and
inserting the following:
``SEC. 17. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $415,000,000 for a period of 10
fiscal years beginning the first fiscal year after the date of
enactment of the Lake Tahoe Restoration Act of 2013.
``(b) Effect on Other Funds.--Amounts authorized under this section
and any amendments made by this Act--
``(1) shall be in addition to any other amounts made
available to the Secretary, the Administrator, or the Directors
for expenditure in the Lake Tahoe Basin; and
``(2) shall not reduce allocations for other Regions of the
Forest Service, Environmental Protection Agency, or the United
States Fish and Wildlife Service.
``(c) Cost-Sharing Requirement.--Except as provided in subsection
(d) and section 6(d)(3)(D), the States of California and Nevada shall
pay 50 percent of the aggregate costs of restoration activities in the
Lake Tahoe Basin funded under section 6.
``(d) Relocation Costs.--Notwithstanding subsection (c), the
Secretary shall provide to local utility districts two-thirds of the
costs of relocating facilities in connection with--
``(1) environmental restoration projects under sections 6
and 8; and
``(2) erosion control projects under section 2 of Public
Law 96-586 (94 Stat. 3381).
``(e) Signage.--To the maximum extent practicable, a project
provided assistance under this Act shall include appropriate signage at
the project site that--
``(1) provides information to the public on--
``(A) the amount of Federal funds being provided to
the project; and
``(B) this Act; and
``(2) displays the visual identity mark of the
Environmental Improvement Program.''.
SEC. 10. ADMINISTRATION OF ACQUIRED LAND.
(a) In General.--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:
``(2) Conveyance.--
``(A) In general.--If the State of California
(acting through the California Tahoe Conservancy and
the California Department of Parks and Recreation)
offers to donate to the United States acceptable title
to the non-Federal land described in subparagraph
(B)(i), the Secretary--
``(i) may accept the offer; and
``(ii) not later than 180 days after the
date on which the Secretary receives acceptable
title to the non-Federal land described in
subparagraph (B)(i), convey to the State of
California, subject to valid existing rights
and for no consideration, all right, title, and
interest of the United States in and to the
Federal land that is acceptable to the State of
California.
``(B) Description of land.--
``(i) Non-federal land.--The non-Federal
land referred to in subparagraph (A) includes--
``(I) the approximately 1,981 acres
of land administered by the Conservancy
and identified on the Maps as
`Conservancy to the United States
Forest Service'; and
``(II) the approximately 187 acres
of land administered by California
State Parks and identified on the Maps
as `State Parks to the U.S. Forest
Service'.
``(ii) Federal land.--The Federal land
referred to in subparagraph (A) includes the
approximately 1,995 acres of Forest Service
land identified on the Maps as `U.S. Forest
Service to Conservancy and State Parks'.
``(C) Conditions.--Any land conveyed under this
paragraph shall--
``(i) be for the purpose of consolidating
Federal and State ownerships and improving
management efficiencies;
``(ii) not result in any significant
changes in the uses of the land; and
``(iii) be subject to the condition that
the applicable deed include such terms,
restrictions, covenants, conditions, and
reservations as the Secretary determines
necessary to--
``(I) ensure compliance with this
Act; and
``(II) ensure that the development
rights associated with the conveyed
parcels shall not be recognized or
available for transfer under section
90.2 of the Code of Ordinances for the
Tahoe Regional Planning Agency.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6223-6225)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S6225-6229)
Committee on Environment and Public Works. Ordered to be reported without amendment favorably.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 113-191.
Committee on Environment and Public Works. Reported by Senator Boxer without amendment. With written report No. 113-191.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 422.
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