[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3388 Enrolled Bill (ENR)]
H.R.3388
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To promote environmental restoration around the Lake Tahoe basin.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Lake Tahoe Restoration Act''.

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(a) Findings.--Congress finds that--
(1) Lake Tahoe, one of the largest, deepest, and clearest lakes
in the world, has a cobalt blue color, a unique alpine setting, and
remarkable water clarity, and is recognized nationally and
worldwide as a natural resource of special significance;
(2) in addition to being a scenic and ecological treasure, Lake
Tahoe is one of the outstanding recreational resources of the
United States, offering skiing, water sports, biking, camping, and
hiking to millions of visitors each year, and contributing
significantly to the economies of California, Nevada, and the
United States;
(3) the economy in the Lake Tahoe basin is dependent on the
protection and restoration of the natural beauty and recreation
opportunities in the area;
(4) Lake Tahoe is in the midst of an environmental crisis; the
Lake's water clarity has declined from a visibility level of 105
feet in 1967 to only 70 feet in 1999, and scientific estimates
indicate that if the water quality at the Lake continues to
degrade, Lake Tahoe will lose its famous clarity in only 30 years;
(5) sediment and algae-nourishing phosphorous and nitrogen
continue to flow into the Lake from a variety of sources, including
land erosion, fertilizers, air pollution, urban runoff, highway
drainage, streamside erosion, land disturbance, and ground water
flow;
(6) methyl tertiary butyl ether--
(A) has contaminated and closed more than one-third of the
wells in South Tahoe; and
(B) is advancing on the Lake at a rate of approximately 9
feet per day;
(7) destruction of wetlands, wet meadows, and stream zone
habitat has compromised the Lake's ability to cleanse itself of
pollutants;
(8) approximately 40 percent of the trees in the Lake Tahoe
basin are either dead or dying, and the increased quantity of
combustible forest fuels has significantly increased the risk of
catastrophic forest fire in the Lake Tahoe basin;
(9) as the largest land manager in the Lake Tahoe basin, with
77 percent of the land, the Federal Government has a unique
responsibility for restoring environmental health to Lake Tahoe;
(10) the Federal Government has a long history of environmental
preservation at Lake Tahoe, including--
(A) congressional consent to the establishment of the Tahoe
Regional Planning Agency in 1969 (Public Law 91-148; 83 Stat.
360) and in 1980 (Public Law 96-551; 94 Stat. 3233);
(B) the establishment of the Lake Tahoe Basin Management
Unit in 1973; and
(C) the enactment of Public Law 96-586 (94 Stat. 3381) in
1980 to provide for the acquisition of environmentally
sensitive land and erosion control grants;
(11) the President renewed the Federal Government's commitment
to Lake Tahoe in 1997 at the Lake Tahoe Presidential Forum, when he
committed to increased Federal resources for environmental
restoration at Lake Tahoe and established the Federal Interagency
Partnership and Federal Advisory Committee to consult on natural
resources issues concerning the Lake Tahoe basin;
(12) the States of California and Nevada have contributed
proportionally to the effort to protect and restore Lake Tahoe,
including--
(A) expenditures--
(i) exceeding $200,000,000 by the State of California
since 1980 for land acquisition, erosion control, and other
environmental projects in the Lake Tahoe basin; and
(ii) exceeding $30,000,000 by the State of Nevada since
1980 for the purposes described in clause (i); and
(B) the approval of a bond issue by voters in the State of
Nevada authorizing the expenditure by the State of an
additional $20,000,000; and
(13) significant additional investment from Federal, State,
local, and private sources is needed to stop the damage to Lake
Tahoe and its forests, and restore the Lake Tahoe basin to
ecological health.
(b) Purposes.--The purposes of this Act are--
(1) to enable the Forest Service to plan and implement
significant new environmental restoration activities and forest
management activities to address the phenomena described in
paragraphs (4) through (8) of subsection (a) in the Lake Tahoe
basin;
(2) to ensure that Federal, State, local, regional, tribal, and
private entities continue to work together to improve water quality
and manage Federal land in the Lake Tahoe Basin Management Unit;
and
(3) to provide funding to local governments for erosion and
sediment control projects on non-Federal land if the projects
benefit the Federal land.

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In this Act:
(1) Environmental threshold carrying capacity.--The term
``environmental threshold carrying capacity'' has the meaning given
the term in article II of the Tahoe Regional Planning Compact set
forth in the first section of Public Law 96-551 (94 Stat. 3235).
(2) Fire risk reduction activity.--
(A) In general.--The term ``fire risk reduction activity''
means an activity that is necessary to reduce the risk of
wildfire to promote forest management and simultaneously
achieve and maintain the environmental threshold carrying
capacities established by the Planning Agency in a manner
consistent, where applicable, with chapter 71 of the Tahoe
Regional Planning Agency Code of Ordinances.
(B) Included activities.--The term ``fire risk reduction
activity'' includes--
(i) prescribed burning;
(ii) mechanical treatment;
(iii) road obliteration or reconstruction; and
(iv) such other activities consistent with Forest
Service practices as the Secretary determines to be
appropriate.
(3) Planning agency.--The term ``Planning Agency'' means the
Tahoe Regional Planning Agency established under Public Law 91-148
(83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
(4) Priority list.--The term ``priority list'' means the
environmental restoration priority list developed under section 6.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.

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(a) In General.--The Lake Tahoe Basin Management Unit shall be
administered by the Secretary in accordance with this Act and the laws
applicable to the National Forest System.
(b) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act grants
regulatory authority to the Secretary over private or other non-
Federal land.
(2) Planning agency.--Nothing in this Act affects or increases
the authority of the Planning Agency.
(3) Acquisition under other law.--Nothing in this Act affects
the authority of the Secretary to acquire land from willing sellers
in the Lake Tahoe basin under any other law.

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(a) In General.--With respect to the duties described in subsection
(b), the Secretary shall consult with and seek the advice and
recommendations of--
(1) the Planning Agency;
(2) the Tahoe Federal Interagency Partnership established by
Executive Order No. 13057 (62 Fed. Reg. 41249) or a successor
Executive order;
(3) the Lake Tahoe Basin Federal Advisory Committee established
by the Secretary on December 15, 1998 (64 Fed. Reg. 2876) (until
the committee is terminated);
(4) Federal representatives and all political subdivisions of
the Lake Tahoe Basin Management Unit; and
(5) the Lake Tahoe Transportation and Water Quality Coalition.
(b) Duties.--The Secretary shall consult with and seek advice and
recommendations from the entities described in subsection (a) with
respect to--
(1) the administration of the Lake Tahoe Basin Management Unit;
(2) the development of the priority list;
(3) the promotion of consistent policies and strategies to
address the Lake Tahoe basin's environmental and recreational
concerns;
(4) the coordination of the various programs, projects, and
activities relating to the environment and recreation in the Lake
Tahoe basin to avoid unnecessary duplication and inefficiencies of
Federal, State, local, tribal, and private efforts; and
(5) the coordination of scientific resources and data, for the
purpose of obtaining the best available science as a basis for
decisionmaking on an ongoing basis.

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(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a priority list of
potential or proposed environmental restoration projects for the Lake
Tahoe Basin Management Unit.
(b) Development of Priority List.--In developing the priority list,
the Secretary shall--
(1) use the best available science, including any relevant
findings and recommendations of the watershed assessment conducted
by the Forest Service in the Lake Tahoe basin; and
(2) include, in order of priority, potential or proposed
environmental restoration projects in the Lake Tahoe basin that--
(A) are included in or are consistent with the
environmental improvement program adopted by the Planning
Agency in February 1998 and amendments to the program;
(B) would help to achieve and maintain the environmental
threshold carrying capacities for--
(i) air quality;
(ii) fisheries;
(iii) noise;
(iv) recreation;
(v) scenic resources;
(vi) soil conservation;
(vii) forest health;
(viii) water quality; and
(ix) wildlife.
(c) Focus in Determining Order of Priority.--In determining the
order of priority of potential and proposed environmental restoration
projects under subsection (b)(2), the focus shall address projects
(listed in no particular order) involving--
(1) erosion and sediment control, including the activities
described in section 2(g) of Public Law 96-586 (94 Stat. 3381) (as
amended by section 7 of this Act);
(2) the acquisition of environmentally sensitive land from
willing sellers--
(A) using funds appropriated from the land and water
conservation fund established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5); or
(B) under the authority of Public Law 96-586 (94 Stat.
3381);
(3) fire risk reduction activities in urban areas and urban-
wildland interface areas, including high recreational use areas and
urban lots acquired from willing sellers under the authority of
Public Law 96-586 (94 Stat. 3381);
(4) cleaning up methyl tertiary butyl ether contamination; and
(5) the management of vehicular parking and traffic in the Lake
Tahoe Basin Management Unit, especially--
(A) improvement of public access to the Lake Tahoe basin,
including the promotion of alternatives to the private
automobile;
(B) the Highway 28 and 89 corridors and parking problems in
the area; and
(C) cooperation with local public transportation systems,
including--
(i) the Coordinated Transit System; and
(ii) public transit systems on the north shore of Lake
Tahoe.
(d) Monitoring.--The Secretary shall provide for continuous
scientific research on and monitoring of the implementation of projects
on the priority list, including the status of the achievement and
maintenance of environmental threshold carrying capacities.
(e) Consistency With Memorandum of Understanding.--A project on the
priority list shall be conducted in accordance with the memorandum of
understanding signed by the Forest Supervisor and the Planning Agency
on November 10, 1989, including any amendments to the memorandum as
long as the memorandum remains in effect.
(f) Review of Priority List.--Periodically, but not less often than
every 3 years, the Secretary shall--
(1) review the priority list;
(2) consult with--
(A) the Tahoe Regional Planning Agency;
(B) interested political subdivisions; and
(C) the Lake Tahoe Water Quality and Transportation
Coalition;
(3) make any necessary changes with respect to--
(A) the findings of scientific research and monitoring in
the Lake Tahoe basin;
(B) any change in an environmental threshold as determined
by the Planning Agency; and
(C) any change in general environmental conditions in the
Lake Tahoe basin; and
(4) submit to Congress a report on any changes made.
(g) Cleanup of Hydrocarbon Contamination.--
(1) In general.--The Secretary shall, subject to the
availability of appropriations, make a payment of $1,000,000 to the
Tahoe Regional Planning Agency and the South Tahoe Public Utility
District to develop and publish a plan, not later than 1 year after
the date of the enactment of this Act, for the prevention and
cleanup of hydrocarbon contamination (including contamination with
MTBE) of the surface water and ground water of the Lake Tahoe
basin.
(2) Consultation.--In developing the plan, the Tahoe Regional
Planning Agency and the South Tahoe Public Utility District shall
consult with the States of California and Nevada and appropriate
political subdivisions.
(3) Willing sellers.--The plan shall not include any
acquisition of land or an interest in land except an acquisition
from a willing seller.
(h) Authorization of Appropriations.--There is authorized to be
appropriated, for the implementation of projects on the priority list
and the payment identified in subsection (g), $20,000,000 for the first
fiscal year that begins after the date of the enactment of this Act and
for each of the 9 fiscal years thereafter.

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Section 2 of Public Law 96-586 (94 Stat. 3381) is amended by
striking subsection (g) and inserting the following:
``(g) Payments to Localities.--
``(1) In general.--The Secretary of Agriculture shall, subject
to the availability of appropriations, make annual payments to the
governing bodies of each of the political subdivisions (including
any public utility the service area of which includes any part of
the Lake Tahoe basin), any portion of which is located in the area
depicted on the final map filed under section 3(a).
``(2) Use of payments.--Payments under this subsection may be
used--
``(A) first, for erosion control and water quality
projects; and
``(B) second, unless emergency projects arise, for projects
to address other threshold categories after thresholds for
water quality and soil conservation have been achieved and
maintained.
``(3) Eligibility for payments.--
``(A) In general.--To be eligible for a payment under this
subsection, a political subdivision shall annually submit a
priority list of proposed projects to the Secretary of
Agriculture.
``(B) Components of list.--A priority list under
subparagraph (A) shall include, for each proposed project
listed--
``(i) a description of the need for the project;
``(ii) all projected costs and benefits; and
``(iii) a detailed budget.
``(C) Use of payments.--A payment under this subsection
shall be used only to carry out a project or proposed project
that is part of the environmental improvement program adopted
by the Tahoe Regional Planning Agency in February 1998 and
amendments to the program.
``(D) Federal obligation.--All projects funded under this
subsection shall be part of Federal obligation under the
environmental improvement program.
``(4) Division of funds.--
``(A) In general.--The total amounts appropriated for
payments under this subsection shall be allocated by the
Secretary of Agriculture based on the relative need for and
merits of projects proposed for payment under this section.
``(B) Minimum.--To the maximum extent practicable, for each
fiscal year, the Secretary of Agriculture shall ensure that
each political subdivision in the Lake Tahoe basin receives
amounts appropriated for payments under this subsection.
``(5) Authorization of appropriations.--In addition to the
amounts authorized to be appropriated to carry out section 6 of the
Lake Tahoe Restoration Act, there is authorized to be appropriated
for making payments under this subsection $10,000,000 for the first
fiscal year that begins after the date of the enactment of this
paragraph and for each of the 9 fiscal years thereafter.''.

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(a) In General.--In conducting fire risk reduction activities in
the Lake Tahoe basin, the Secretary shall, as appropriate, coordinate
with State and local agencies and organizations, including local fire
departments and volunteer groups.
(b) Ground Disturbance.--The Secretary shall, to the maximum extent
practicable, minimize any ground disturbances caused by fire risk
reduction activities.

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(a) In General.--Funds authorized under this Act and the amendment
made by this Act--
(1) shall be in addition to any other amounts available to the
Secretary for expenditure in the Lake Tahoe basin; and
(2) shall not reduce allocations for other Regions of the
Forest Service.
(b) Matching Requirement.--Except as provided in subsection (c),
funds for activities under section 6 and section 7 of this Act shall be
available for obligation on a 1-to-1 basis with funding of restoration
activities in the Lake Tahoe basin by the States of California and
Nevada.
(c) Relocation Costs.--The Secretary shall provide two-thirds of
necessary funding to local utility districts for the costs of
relocating facilities in connection with environmental restoration
projects under section 6 and erosion control projects under section 2
of Public Law 96-586.

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Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended by
adding at the end the following:
``(5) Willing sellers.--Land within the Lake Tahoe Basin
Management Unit subject to acquisition under this section that is
owned by a private person shall be acquired only from a willing
seller.''.

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Nothing in this Act exempts the Secretary from the duty to comply
with any applicable Federal law.

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There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Lake Tahoe Restoration Act — HR. 3388

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