89–010 

1 U.S. Geological Survey, ‘‘Facts about Lake Tahoe’’ http://tahoe.usgs.gov/facts.html 

2 U.S. Forest Service, ‘‘Welcome to Lake Tahoe Basin Mgmt Unit.’’ 

Calendar No. 436 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–211 

LAKE TAHOE RESTORATION ACT OF 2010 

JUNE 21, 2010.—Ordered to be printed 

Mrs. BOXER, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 2724] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 2724) to provide for environmental restoration 

activities and forest management activities in the Lake Tahoe 

Basin, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill, as amended, do pass. 

GENERAL STATEMENT AND BACKGROUND

The Lake Tahoe Restoration Act of 2010 reauthorizes the Lake 

Tahoe Restoration Act of 2000. S. 2724 authorizes $415 million 

over 8 years for forest fuels management, watershed restoration, 

stormwater management, and other projects. The bill would create 

a science program and authorize efforts to prevent introduction of 

invasive species like quagga and zebra mussels. The bill also funds 

the recovery of Lahontan cutthroat trout. 

Lake Tahoe, located in the Sierra Nevada Mountains, is the second deepest lake in North America and the 10th deepest (1,645 feet 

deep) lake in the world.1 Known for the incredible clarity of its waters and its scenery, Lake Tahoe is a major tourist and recreational 

attraction for California and Nevada.2 However, the lake faces numerous environmental pressures and challenges. 

In the 1960s, leaders in California and Nevada approved a bistate compact that created a regional planning agency to oversee 

development at Lake Tahoe. In 1969, the United States Congress 


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ratified the agreement and created the Tahoe Regional Planning 

Agency (TRPA). The Compact, as revised in 1980, gave TRPA authority to adopt environmental quality standards, called thresholds, 

and to enforce ordinances designed to achieve the thresholds. In 

1997, TRPA created the Environmental Improvement Plan (EIP), 

which involved 50 state, federal, and local agencies and included 

capital improvement, research, and maintenance projects to restore 

Lake clarity and the Basin’s environment. 

A 1997 Presidential Executive Order created the Lake Tahoe 

Federal Interagency Partnership to lead a 10-year cleanup effort. 

As part of this partnership, Congress passed the Lake Tahoe Restoration Act of 2000, which authorized $300 million over ten years 

to restore the Lake. The funding supported land acquisition, erosion control, forest management, fire suppression, and improving 

local watersheds and water quality. The 2000 Lake Tahoe Restoration Act has enabled over 270 environmental projects and restoration activities around the Lake. 

In 2003, Congress established an ongoing source of funding for 

Tahoe restoration efforts. Proceeds from federal land sales in the 

Las Vegas area are set aside to fund the annual federal contribution to the restoration of the basin. 

Introduced by Senator Reid on November 3, 2009, and co-sponsored by Senators Feinstein, Ensign, and Boxer, the Lake Tahoe 

Restoration Act of 2010 is a reauthorization of the expiring legislation passed in 2000. S. 2724 authorizes $415 million over eight 

years to combat invasive species, improve water clarity, reduce the 

threat of catastrophic wildfire, and restore the environment. 

OBJECTIVES OF THE LEGISLATION

This bill will amend the Lake Tahoe Restoration Act of 2000 to 

authorize $415 million over eight years to combat invasive species, 

improve water clarity, reduce the threat of catastrophic wildfire, 

and restore the environment of the Lake Tahoe Basin. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 notes that this Act may be cited as the ‘‘Lake Tahoe 

Restoration Act of 2010.’’ 

Section 2. Findings and purposes 

Section 2 amends the Lake Tahoe Restoration Act of 2000 by updating its ‘‘Findings and Purposes’’ section to include relevant findings and actions since 2000, including references to the 2008 and 

2009 Lake Tahoe Forums and updated estimates of the level of 

support provided by the Federal Government, the States of California and Nevada, units of local government and the private sector 

to the Lake Tahoe Basin since 1997. 

Section 3. Definitions 

Section 3 amends the Lake Tahoe Restoration Act of 2000 by revising and expanding the definitions sections to include additional 

terms. 


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Section 4. Administration of the Lake Tahoe Basin Management 

Unit 

Section 4 amends the Lake Tahoe Restoration Act of 2000 to require the Secretary of Agriculture, acting through the Chief of the 

U.S. Forest Service, to: (1) conduct forest management activities in 

the Lake Tahoe Basin in a manner that helps achieve and maintain the environmental threshold carrying capacities established by 

the Tahoe Regional Planning Agency (Agency) and attains multiple 

ecosystem benefits, unless the attainment of such benefits would 

excessively increase the project’s cost 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. 

Section 4 requires the Lake Tahoe Basin Management Unit to: 

(1) manage vehicular parking and traffic in the Unit; and (2) support the attainment of the environmental threshold carrying capacities. 

Section 4 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. 

Section 4 allows the Secretary to enter into contracts or 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 Lake Tahoe basin projects or programs. 

Section 5. Consultation 

Section 5 requires the Secretary of Agriculture, the Administrator of the EPA, and the Director of the US Fish and Wildlife 

Services to regularly consult with the heads of the Washoe Tribe, 

applicable Federal, State, regional, and local governmental agencies, and the Lake Tahoe Federal Advisory Committee to ensure effective implementation of this Act. 

Section 6. Authorized projects 

Section 6 provides authorizations for the basin’s highest priority 

projects and programs, including: 

• $40 million for projects that capture and treat sediment 

from the basin’s urbanized areas; 

• $32 million to restore the basin’s watersheds and wildlife; 

• $136 million for projects to improve forest health and reduce the risk of catastrophic wildfire; 

• $20.5 million for the basin’s efforts to control invasive species through inspection, treatment, and prevention programs; 

• $20 million to restore the Lahontan Cutthroat Trout and 

other special status species; and 

• $30 million to support the Lake Tahoe Basin Program led 

by EPA. 

All projects authorized under this section must include funds for 

monitoring and assessment of the results and effectiveness of the 


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project using the integrated multiagency performance measures established in the science program developed under section 11. 

Section 7. Environmental restoration priority list 

Section 7 requires the Chair of the Lake Tahoe Federal Interagency Partnership, in consultation with the Secretary, the Director of the United States Fish and Wildlife Service, the Administrator of the Environmental Protection Agency (EPA), the Tahoe 

Regional 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, to 

submit to Congress a prioritized list of all Environmental Improvement Program projects for the Basin. This priority list is developed 

based on a list of criteria, including the ability of the project to significantly contribute to achievement of environmental threshold 

carrying capacities. 

This section reserves a minimum share of funding authorized by 

the Act for implementation of projects included on the priority list. 

Section 7 establishes a program led by the Director of the Fish 

and Wildlife Service in coordination with the Tahoe Regional Planning Agency, the California Department of Fish and Game, and the 

Nevada Department of Wildlife to deploy strategies for preventing 

the introduction of aquatic invasive species into the Lake Tahoe 

Basin, including inspection and decontamination of vessels. The 

strategies developed apply to all watercraft to be launched on 

water within the Basin. This section also provides authority to assess fees to support decontamination efforts and establishes civil 

penalties for launching a vessel not in compliance with the strategies set forth in this section. 

Section 7 allows the Assistant Secretary of the Army (Civil 

Works) who oversees the U.S. Army Corps of Engineers to 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. 

Section 7 requires the Administrator to implement a Lake Tahoe 

Program that includes: (1) developing and updating an integrated 

multiagency programmatic assessment and monitoring plan and 

evaluating the effectiveness of the Agency’s Environmental Improvement Program; and (2) providing support to governments in 

reducing pollutants that contribute to the loss of lake clarity. 

Section 7 directs the Secretary, Administrator, and Director of 

the Fish and Wildlife Service to coordinate with the Tahoe Regional Planning Agency to conduct public education and outreach 

programs. 

Section 7 directs the Administrator, in consultation with the 

Chair of the Lake Tahoe Federal Interagency Partnership, the Secretary, the Director of the United States Fish and Wildlife Service, 

the Tahoe Regional Planning Agency, and the States of California 

and Nevada, to provide an annual report to Congress on: the status 

of Federal, state, and local projects authorized by the Act; Federal, 

state and local expenditures, monitoring and assessment, and public outreach and education. 

Section 7 directs the Federal agencies involved in restoration of 

Lake Tahoe to prepare and submit an annual cross-cut budget to 


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Congress that outlines each Federal agency’s responsibilities and 

provides a detailed accounting of funds used by Federal agencies in 

the preceding year to implement the Environmental Improvement 

Program. 

Section 7 provides for the establishment of a grant to develop a 

Basin watershed strategy. 

Section 8. Relationship to other laws 

Section 8 amends Section 17 of the Lake Tahoe Restoration Act 

(PL 106–506; 114 Stat. 2358) (as redesignated by section 7(2)) by 

inserting ‘‘, Director, or Administrator’’ after ‘‘Secretary’’. 

Section 9. Authorization of appropriations 

Section 9 amends Section 18 of the Lake Tahoe Restoration Act 

(PL 106–506; 114 Stat. 2351) by authorizing $415,000,000 to be appropriated over the next 8 years to implement the Act. 

Section 10. Conforming amendments 

Section 10 amends Section 3(b) of PL 96–586 (94 Stat. 3384) to 

clarify the Secretary of Agriculture’s authority to transfer or acquire land or interest in land within the Lake Tahoe Basin Management Unit with appropriate units of State government. 

LEGISLATIVE HISTORY

Introduced by Senator Reid (D–NV) on November 3, 2009, and 

co-sponsored by Senators, Feinstein (D–CA), Ensign (R–NV), and 

Boxer (D–CA), the Lake Tahoe Restoration Act of 2010 is a reauthorization of the expiring Lake Tahoe Restoration Act of 2000. The 

bill was received, read twice, and referred to the Senate Committee 

on Environment and Public Works. A companion bill, H.R. 4001, 

was introduced in the House of Representatives on November 3, 

2009, by Representative Heller (R–NV–2) with five Democratic and 

one Republican co-sponsors. 

The Full Senate Committee on Environment and Public Works 

and the Subcommittee on Water and Wildlife held a joint hearing 

on February 24, 2010, entitled ‘‘Joint Hearing on the Legislative 

Approaches to Protecting, Preserving, and Restoring Great Water 

Bodies,’’ to consider a number of Great Water Bodies bills, including S. 2724. Senators Reid, Feinstein, and Ensign testified at this 

hearing on the progress made in restoring and protecting the Lake 

Tahoe Basin under the 2000 Act and the pressing needs that still 

remain to be addressed by S. 2724. 

On April 21, 2010, the Full Committee met to discuss a number 

of bills including S. 2724. During this meeting, the Committee considered the bill and adopted an amendment in the nature of a substitute that clarifies the role of the Federal agencies involved in 

Lake Tahoe restoration and made technical changes in the bill. S. 

2724 was ordered to be reported favorably with an amendment in 

the nature of a substitute by voice vote. 

HEARINGS

On February 24, 2010, the Full Senate Committee on Environment and Public Works and the Subcommittee on Water and Wildlife held a joint legislative hearing on Great Water Bodies bills (i.e., 


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Lake Tahoe, Puget Sound, Long Island Sound, Columbia River 

Basin, and the Great Lakes), including S. 2724. In addition to Senators Reid, Feinstein, and Ensign, the Committee also heard testimony from the EPA Assistant Administrator for Water, the USDA 

Under Secretary for Natural Resources and Environment and the 

Executive Director of the California Tahoe Conservancy—all of 

whom expressed support for the bill. 

ROLLCALL VOTES

The Committee on Environment and Public Works met to consider S. 2724 on April 21, 2010. The bill was ordered to be reported 

favorably with an amendment in the nature of a substitute by voice 

vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the committee finds that S. 2724 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the committee noted that the Congressional 

Budget Office (CBO) has found, ‘‘S. 2724 would impose an intergovernmental and private-sector mandate as defined in the Unfunded 

Mandates Reform Act (UMRA) . . .’’ However, ‘‘the cost of the 

mandate would fall significantly below the annual thresholds established in UMRA for intergovernmental and private-sector mandates ($70 million and $141 million in 2010, respectively, adjusted 

annually for inflation).’’ 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

JUNE 16, 2010. 

Hon. BARBARA BOXER, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 2724, the Lake Tahoe 

Restoration Act of 2010. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 2724—Lake Tahoe Restoration Act of 2010 

Summary: S. 2724 would authorize appropriations to restore the 

ecological health of the Lake Tahoe Basin in California and Nevada. The authorized funds would be available to the Forest Service, the U.S. Fish and Wildlife Service (USFWS), and other federal 

agencies for projects that reduce the risk of fire, provide assistance 

to state and local governments for water management, and protect 

against invasive species. 


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Assuming appropriation of the authorized amounts, CBO esti- mates that implementing S. 2724 would cost $238 million over the 

2011–2015 period and $227 million after 2015. Enacting the legislation also could increase offsetting receipts (from inspection fees) 

and associated direct spending, as well as revenues (from civil penalties); therefore, pay-as-you-go procedures would apply. However, 

CBO estimates that the net effects of new receipts, spending, and 

revenues would be negligible in any year. 

S. 2724 would impose an intergovernmental and private-sector 

mandate as defined in the Unfunded Mandates Reform Act 

(UMRA) on owners and operators of watercraft used in the Lake 

Tahoe Basin. CBO estimates that the cost of the mandate would 

fall significantly below the annual thresholds established in UMRA 

for intergovernmental and private-sector mandates ($70 million 

and $141 million in 2010, respectively, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2724 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2011 2012 2013 2014 2015 2011–2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Forest Service Programs: 

Estimated Authorization Level ......................................... 17 17 17 17 17 85 

Estimated Outlays ........................................................... 5 12 17 17 17 68 

Environmental Protection Agency Programs: 

Estimated Authorization Level ......................................... 12 12 13 13 13 63 

Estimated Outlays ........................................................... 8 10 12 13 13 56 

U.S. Fish and Wildlife Service Programs: 

Estimated Authorization Level ......................................... 4 4 4 5 6 23 

Estimated Outlays ........................................................... 3 4 4 5 6 22 

Tahoe Federal Interagency Partnership Projects: 

Estimated Authorization Level ......................................... 17 17 17 17 17 85 

Estimated Outlays ........................................................... 5 12 17 17 17 68 

U.S. Army Corps of Engineers Programs: 

Estimated Authorization Level ......................................... 0 10 10 10 10 40 

Estimated Outlays ........................................................... 0 3 6 7 8 24 

Total Changes: 

Estimated Authorization Level ................................ 50 60 61 62 63 296 

Estimated Outlays .................................................. 21 41 56 59 61 238 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted in 2010 and that the necessary amounts will 

be appropriated for each fiscal year. Estimated outlays are based 

on historical spending patterns for ongoing and similar activities. 

Spending subject to appropriation 

Section 9 of S. 2724 would authorize the appropriation of $415 

million over the 2011–2018 period for several federal agencies to 

perform ecological restoration activities in the Lake Tahoe Basin. 

Of the amounts authorized under section 9, $136 million would be 

available to the Forest Service for projects to reduce the risk of fire 

in the Lake Tahoe Basin. An additional $102 million would be authorized for the Environmental Protection Agency to make grants 

to state and local governments for certain water management 


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projects and to establish an environmental research program. Finally, an authorization of $41 million would support USFWS activities to protect against invasive species and to restore native species 

to the Lake Tahoe Basin. Remaining funds authorized by section 

9 and not allocated for the above purposes would be available to 

carry out restoration projects identified by the Tahoe Federal Interagency Partnership (a collaborative group of five federal agencies 

with management or jurisdictional authorities in the Lake Tahoe 

region). Assuming appropriation of the authorized amounts over 

the next several years, CBO estimates that implementing those 

provisions would cost $214 million over the 2011–2015 period and 

$201 million after 2015. 

Section 10 would authorize the appropriation of an additional 

$50 million for the U.S. Army Corps of Engineers to assist nonfederal entities that construct water-related infrastructure in the 

Lake Tahoe Basin. Under current law, the agency is authorized to 

receive a total of $25 million in appropriations for those purposes, 

of which about $16 million has already been provided. Under the 

bill, we estimate that the agency would be authorized to receive additional appropriations of $10 million annually over the 2012–2016 

period. CBO estimates that implementing this provision would cost 

$24 million over the 2011–2015 period and $26 million after 2015. 

Direct spending and revenues 

S. 2724 would require the USFWS to ensure that watercraft are 

decontaminated prior to launching in waters of the Lake Tahoe 

Basin. The bill would authorize the agency to establish inspection 

and decontamination stations within the basin and to certify nonfederal entities to operate similar facilities. The bill also would 

allow any entity performing those activities to collect and spend 

fees to cover the cost of operating those facilities. CBO estimates 

that the collection and expenditure of such fees would have no significant net impact on direct spending in any year. 

The bill also would establish civil penalties for individuals who 

launch watercraft in the Lake Tahoe Basin that have not been inspected and decontaminated in accordance with standards established by the USFWS. Any penalties collected would be recorded as 

revenues in the budget and deposited into the general fund of the 

Treasury. Based on information obtained from the USFWS, CBO 

estimates that annual revenues from those civil penalties would 

not be significant. 

Pay-as-you-go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. S. 2724 could 

increase offsetting receipts (from inspection fees) and associated direct spending. The bill also could increase revenues (from civil penalties); therefore, pay-as-you-go procedures would apply. However, 

CBO estimates that any increase in offsetting receipts would be offset by similar increases in direct spending and any new revenues 

from penalties would be minimal. The net budgetary changes that 

are subject to pay-as-you-go procedures are shown in the following 

table. 


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CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2724, THE LAKE TAHOE RESTORATION ACT OF 2010, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON 

ENVIRONMENT AND PUBLIC WORKS ON APRIL 21, 2010 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010–2015 2010–2020 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact ................................................................... 0 0 0 0 0 0 0 0 0 0 0 0 0 


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Intergovernmental and private-sector impact: S. 2724 would impose an intergovernmental and private-sector mandate as defined 

in UMRA. The bill would require owners and operators of 

watercraft to submit their watercraft for inspection and decontamination of invasive species prior to launch in waters of the Lake 

Tahoe Basin. The bill also would require that owners and operators 

of watercraft maintain documentation of inspections while in the 

basin and pay any fees associated with decontamination. Because 

the regional agency for the Lake Tahoe Basin currently subjects 

watercraft to inspection requirements and fees, CBO estimates that 

the cost to comply with the mandate would be minimal and would 

fall significantly below the annual thresholds established in UMRA 

for intergovernmental and private-sector mandates ($70 million 

and $141 million in 2010, respectively, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Jeff LaFave and Aurora 

Swanson; Impact on State, Local, and Tribal Governments: Ryan 

Miller; Impact on the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

LAKE TAHOE RESTORATION ACT 

* * * * * * * 

SEC. 2. FINDINGS AND PURPOSES. 

ø(a) FINDINGS.—Congress finds that— 

ø(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; 

ø(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; 

ø(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; 

ø(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; 


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ø(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; 

ø(6) methyl tertiary butyl ether— 

ø(A) has contaminated and closed more than one-third of 

the wells in South Tahoe; and 

ø(B) is advancing on the Lake at a rate of approximately 

9 feet per day; 

ø(7) destruction of wetlands, wet meadows, and stream zone 

habitat has compromised the Lake’s ability to cleanse itself of 

pollutants; 

ø(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; 

ø(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; 

ø(10) the Federal Government has a long history of environmental preservation at Lake Tahoe, including— 

ø(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); 

ø(B) the establishment of the Lake Tahoe Basin Management Unit in 1973; and 

ø(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; 

ø(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; 

ø(12) the States of California and Nevada have contributed 

proportionally to the effort to protect and restore Lake Tahoe, 

including— 

ø(A) expenditures— 

ø(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 

ø(ii) exceeding 30,000,000 by the State of Nevada since 

1980 for the purposes described in clause (i); and 

ø(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 

ø(13) significant additional investment from Federal, State, 

local, and private sources is needed to stop the damage to Lake 


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Tahoe and its forests, and restore the Lake Tahoe basin to ecological health. 

ø(b) PURPOSES.—The purposes of this Act are— 

ø(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; 

ø(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 

ø(3) to provide funding to local governments for erosion and 

sediment control projects on non-Federal land if the projects 

benefit the Federal land.¿ 

SEC. 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; 


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(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; 


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(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); 


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(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. 

øSEC. 3. DEFINITIONS. 

øIn this Act: 

ø(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). 

ø(2) FIRE RISK REDUCTION ACTIVITY.— 

ø(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. 

ø(B) INCLUDED ACTIVITIES.—The term ‘‘fire risk reduction activity’’ includes— 

ø(i) prescribed burning; 

ø(ii) mechanical treatment; 

ø(iii) road obliteration or reconstruction; and 

ø(iv) such other activities consistent with Forest Service practices as the Secretary determines to be appropriate. 

ø(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). 

ø(4) PRIORITY LIST.—The term ‘‘priority list’’ means the environmental restoration priority list developed under section 6. 

ø(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Agriculture, acting through the Chief of the Forest Service.¿ 

SEC. 3. DEFINITIONS. 

In this Act: 


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(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 code numbered 1141, 1142, or 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 


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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 all motorized and non-motorized watercraft, including boats, personal 

watercraft, kayaks, and canoes. 

SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 

UNIT. 

(a) 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 øbasin¿Basin under any other law. 

(b) 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. 

(c) 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. 


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(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 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) 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. 


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(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 2010, 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 2010, 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. 

øSEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES. 

ø(a) IN GENERAL.—With respect to the duties described in subsection (b), the Secretary shall consult with and seek the advice 

and recommendations of— 

ø(1) the Planning Agency; 

ø(2) the Tahoe Federal Interagency Partnership established 

by Executive Order No. 13057 (62 Fed. Reg. 41249) or a successor Executive order; 

ø(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); 

ø(4) Federal representatives and all political subdivisions of 

the Lake Tahoe Basin Management Unit; and (5) the Lake 

Tahoe Transportation and Water Quality Coalition. 

ø(b) DUTIES.—The Secretary shall consult with and seek advice 

and recommendations from the entities described in subsection (a) 

with respect to— 

ø(1) the administration of the Lake Tahoe Basin Management Unit; 

ø(2) the development of the priority list; 


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ø(3) the promotion of consistent policies and strategies to address the Lake Tahoe basin’s environmental and recreational 

concerns; 

ø(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 

ø(5) the coordination of scientific resources and data, for the 

purpose of obtaining the best available science as a basis for 

decisionmaking on an ongoing basis.¿ 

SEC. 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. 

øSEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

ø(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. 

ø(b) Development of Priority List.—In developing the priority 

list,the Secretary shall— 

ø(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 

ø(2) include, in order of priority, potential or proposed environmental restoration projects in the Lake Tahoe basin that— 

ø(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; 

ø(B) would help to achieve and maintain the environmental threshold carrying capacities for— 

ø(i) air quality; 

ø(ii) fisheries; 

ø(iii) noise; 

ø(iv) recreation; 

ø(v) scenic resources; 

ø(vi) soil conservation; 

ø(vii) forest health; 

ø(viii) water quality; and 

ø(ix) wildlife. 

ø(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— 

ø(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); 

ø(2) the acquisition of environmentally sensitive land from 

willing sellers— 

ø(A) using funds appropriated from the land and water 

conservation fund established under section 2 of the Land 


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and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

5); or 

ø(B) under the authority of Public Law 96–586 (94 Stat. 

3381); 

ø(3) fire risk reduction activities in urban areas and urbanwildland 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); 

ø(4) cleaning up methyl tertiary butyl ether contamination; 

and 

ø(5) the management of vehicular parking and traffic in the 

Lake Tahoe Basin Management Unit, especially— 

ø(A) improvement of public access to the Lake Tahoe 

basin, including the promotion of alternatives to the private automobile; 

ø(B) the Highway 28 and 89 corridors and parking problems in the area; and 

ø(C) cooperation with local public transportation systems, including— 

ø(i) the Coordinated Transit System; and 

ø(ii) public transit systems on the north shore of Lake 

Tahoe. 

ø(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. 

ø(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. 

ø(f) Review of Priority List.—Periodically, but not less often than 

every 3 years, the Secretary shall— 

ø(1) review the priority list; 

ø(2) consult with— 

ø(A) the Tahoe Regional Planning Agency; 

ø(B) interested political subdivisions; and 

ø(C) the Lake Tahoe Water Quality and Transportation 

Coalition; 

ø(3) make any necessary changes with respect to— 

ø(A) the findings of scientific research and monitoring in 

the Lake Tahoe basin; 

ø(B) any change in an environmental threshold as determined by the Planning Agency; and 

ø(C) any change in general environmental conditions in 

the Lake Tahoe basin; and 

ø(4) submit to Congress a report on any changes made. 

ø(g) Cleanup of Hydrocarbon Contamination.— 

ø(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 


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contamination with MTBE) of the surface water and ground 

water of the Lake Tahoe basin. 

ø(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. 

ø(3) Willing sellers.—The plan shall not include any acquisition of land or an interest in land except an acquisition from 

a willing seller. 

ø(h) Authorization of Appropriations.—There is authorized to be 

appropriated, for the implementation of projects on the priority list 

and the payment identified in subsection (g),20,000,000 for the first 

fiscal year that begins after the date of the enactment of this Act 

and for each of the 9 fiscal years thereafter.¿ 

SEC. 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 three 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. 


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(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 RESTORA- TION.—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.—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. 

(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. 


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(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 IMPROVEMENT PAYMENTS. 

Section 2 of Public Law 96–586 (94 Stat. 3381) is amended by 

striking subsection (g) 

* * * * * * * 

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 2010, 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. 


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(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 2010, 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; or 


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(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. 


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(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— 


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(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; 


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(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 


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(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. 

øSEC. 8. FIRE RISK REDUCTION ACTIVITIES. 

ø(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. 

ø(b) Ground Disturbance.—The Secretary shall, to the maximum 

extent practicable, minimize any ground disturbances caused by 

fire risk reduction activities.¿ 

øSEC. 9. AVAILABILITY AND SOURCE OF FUNDS. 

ø(a) In General.—Funds authorized under this Act and the 

amendment made by this Act— 

ø(1) shall be in addition to any other amounts available to 

the Secretary for expenditure in the Lake Tahoe basin; and 

ø(2) shall not reduce allocations for other Regions of the Forest Service. 

ø(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. 

ø(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.¿ 

SEC.ø10¿16. AMENDMENT OF PUBLIC LAW 96–586. 

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.’’. 

SEC.ø11¿17. RELATIONSHIP TO OTHER LAWS. 

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

øSEC.ø12¿18. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are necessary to carry out this Act.¿ 

SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to carry 

out this Act $415,000,000 for a period of 8 fiscal years beginning 

the first fiscal year after the date of enactment of the Lake Tahoe 

Restoration Act of 2010. 

(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 


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(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 2⁄3 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. 

PUBLIC LAW 96–586

* * * * * * * 

ø(b) Lands¿(b) ADMINISTRATION OF ACQUIRED LAND.— (1) IN GENERAL.—Land’’; and 

(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) REQUIREMENTS.—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 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; 

(ii) receive land within the Lake Tahoe Basin of approximately equal value (as defined in accordance with 

section 6(2) of Public Law 97–465 (96 Stat. 2535)); and 


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(iii) for the purposes of any environmental assessment— 

(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. 

(D) USE OF LAND ACQUIRED BY UNITS OF STATE GOVERN- MENT.—Any unit of State government that receives National Forest System land through an exchange or transfer 

under this paragraph shall not convey the land to any person or entity other than the Federal Government or a State 

government. 

* * * * * * * 

PUBLIC LAW 108–447

* * * * * * * 

SEC. 108. LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA. 

(a) DEFINITION. In this section, the term ‘‘Lake Tahoe Basin’’ 

means the entire watershed drainage of Lake Tahoe including that 

portion of the Truckee River 1,000 feet downstream from the 

United States Bureau of Reclamation dam in Tahoe City, California. 

(b)* * * 

* * * * * * * 

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section for the period beginning 

with fiscal year 2005, ø$25,000,000¿$75,000,000, to remain available until expended. 

* * * * * * * 

Æ 


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