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[House Report 106-833]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-833
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
                       LAKE TAHOE RESTORATION ACT

                                _______
                                

 September 7, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3388]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3388) to promote environmental restoration around the 
Lake Tahoe basin, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress finds that--
          (1) Lake Tahoe, one of the largest, deepest, and clearest 
        lakes in the world, has a cobalt blue color, a unique alpine 
        setting, and remarkable water clarity, and is recognized 
        nationally and worldwide as a natural resource of special 
        significance;
          (2) in addition to being a scenic and ecological treasure, 
        Lake Tahoe is one of the outstanding recreational resources of 
        the United States, offering skiing, water sports, biking, 
        camping, and hiking to millions of visitors each year, and 
        contributing significantly to the economies of California, 
        Nevada, and the United States;
          (3) the economy in the Lake Tahoe basin is dependent on the 
        protection and restoration of the natural beauty and recreation 
        opportunities in the area;
          (4) Lake Tahoe is in the midst of an environmental crisis; 
        the Lake's water clarity has declined from a visibility level 
        of 105 feet in 1967 to only 70 feet in 1999, and scientific 
        estimates indicate that if the water quality at the Lake 
        continues to degrade, Lake Tahoe will lose its famous clarity 
        in only 30 years;
          (5) sediment and algae-nourishing phosphorous and nitrogen 
        continue to flow into the Lake from a variety of sources, 
        including land erosion, fertilizers, air pollution, urban 
        runoff, highway drainage, streamside erosion, land disturbance, 
        and ground water flow;
          (6) methyl tertiary butyl ether--
                  (A) has contaminated and closed more than \1/3\ 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) President Clinton 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 that 
                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 agencies 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.

SEC. 3. DEFINITIONS.

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

SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.

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

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

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

SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall develop a priority list of potential or 
proposed environmental restoration projects for the Lake Tahoe basin.
  (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;
          (3) in determining the order of priority of potential and 
        proposed environmental restoration projects under paragraph 
        (2), the focus shall address projects (listed in no particular 
        order) involving--
                  (A) 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);
                  (B) the acquisition of environmentally sensitive land 
                from willing sellers under Public Law 96-586 (94 Stat. 
                3381) or land acquisition under any other Federal law;
                  (C) 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 Public Law 96-586 (94 Stat. 
                3381);
                  (D) cleaning up methyl tertiary butyl ether 
                contamination; and
                  (E) the management of vehicular parking and traffic 
                in the Lake Tahoe Basin Management Unit, especially--
                          (i) improvement of public access to the Lake 
                        Tahoe basin, including the promotion of 
                        alternatives to the private automobile;
                          (ii) the Highway 28 and 89 corridors and 
                        parking problems in the area;
                          (iii) cooperation with local public 
                        transportation systems, including--
                                  (I) the Coordinated Transit System; 
                                and
                                  (II) public transit systems on the 
                                north shore of Lake Tahoe.
  (c) 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.
  (d) 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.
  (e) 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; and
          (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;
                  (C) any change in general environmental conditions in 
                the Lake Tahoe basin; and
                  (D) submit to Congress a report on any changes made.
  (f) Cleanup of Hydrocarbon Contamination.--
          (1) In general.--The Secretary shall 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 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.
  (g) Authorization of Appropriations.--There is authorized to be 
appropriated, for the implementation of projects on the priority list, 
$20,000,000 for the first fiscal year that begins after the date of 
enactment of this Act and for each of the 9 fiscal years thereafter.

SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.

  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, to the 
        extent and in the amount provided in advance in appropriations 
        Acts, 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 enactment of this paragraph and for each of the 9 
        fiscal years thereafter.''.

SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

  (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.

SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

  (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 be drawn from an appropriation for any other 
        unit of the National Forest System.
  (b) Matching Requirement.--Except as provided in subsection (c), 
funds for activities under section 6 of this Act and section 2(g) of 
Public Law 96-586 (94 Stat. 3381) 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 \2/3\ 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.
  (d) Source of Land Acquisition Funds.--To the extent activities under 
section 6 of this Act or section 2(g) of Public Law 96-586 involve the 
acquisition of land or an interest in land, amounts necessary to 
provide for the acquisition of such land or interest may be 
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). The appropriation of funds under this subsection shall 
be subject to--
          (1) any overall funding limitation in effect on use of the 
        land and water conservation fund; and
          (2) the funding limitation specified in section 6(g), in the 
        case of acquisition carried out as part of an activity under 
        section 6.

SEC. 10. 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. 11. RELATIONSHIP TO OTHER LAWS.

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

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

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

                          Purpose of the Bill

    The purpose of H.R. 3388 is to promote environmental 
restoration around the Lake Tahoe basin.

                  Background and Need for Legislation

    Lake Tahoe is suffering from loss of water quality 
associated with erosion, agricultural runoff, hydrocarbon 
contamination, and loss of water filtering capacity due to a 
decrease in wetlands. Approximately 40 percent of the trees in 
the Lake Tahoe basin are dead or dying, adding to a potential 
risk of catastrophic wildfire which would further exacerbate 
water quality problems.
    The federal government manages 77 percent of the land in 
the Lake Tahoe basin and therefore has a unique responsibility 
for protecting and maintaining the health of the ecosystem. 
H.R. 3388 authorizes a variety of restorative management 
activities, including erosion and sediment control, fire risk 
reduction treatments, cleanup of groundwater contaminants 
(including methyl tertiary butyl ether), management of 
vehicular parking and traffic, and acquisition of 
environmentally-sensitive land from willing sellers. The 
Committee intends that the funds needed to implement this bill 
are to come from appropriations specific for this purpose, and 
are not intended to come from other U.S. Forest Service 
appropriations.

                            Committee Action

    H.R. 3388 was introduced on November 16, 1999, by 
Congressman John T. Doolittle (R-CA). The bill was referred 
primarily to the Committee on Resources and additionally to the 
Committee on Agriculture and the Committee on Transportation 
and Infrastructure. Within the Committee on Resources, the bill 
was referred to the Subcommittee on Forests and Forest Health. 
The Forests and Forest Health Subcommittee held a hearing on 
the bill on May 11, 2000. On May 16, 2000, the Subcommittee met 
to consider the bill. Congressman Helen Chenoweth-Hage (R-ID) 
offered an amendment to clarify that funds for this bill must 
be appropriated in advance; the amendment was agreed to by 
voice vote. On July 26, 2000, the Full Resources Committee met 
to consider the bill. Congressman Doolittle offered an 
amendment to clarify the source of the funds to be used in any 
land acquisition. The amendment was adopted by voice vote. No 
further amendments were offered and the bill, as amended, was 
ordered reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis

Section 1. Short title

    This section provides the short title for the bill, the 
``Lake Tahoe Restoration Act''.

Section 2. Findings and purposes

    Section 2 presents the findings and purposes of the bill.

Section 3. Definitions

    Section 3 defines the terms used in the bill.

Section 4. Administration of the Lake Tahoe Basin management unit

    Section 4 describes the administration of the Lake Tahoe 
Basin Management Unit, clarifying that nothing in this bill 
grants the Secretary of Agriculture authority over private or 
non-federal land.

Section 5. Consultation with planning agency and other entities

    Section 5 lists the duties which require the Secretary to 
consult with partners, and the partners who must be consulted.

Section 6. Environmental restoration priority list

    Section 6 describes the process by which projects to be 
carried out under this bill will be identified, prioritized, 
monitored, and funded.

Section 7. Environmental improvement payments

    Section 7 revises Section 2 of Public Law 96-586 (94 Stat. 
3381) covering payments to localities for purposes of 
environmental improvements. The Secretary will make such 
payments only to the extent and in the amount provided in 
advance in appropriations acts.

Section 8. Fire risk reduction activities

    Section 8 requires the Secretary to coordinate fire risk 
reduction activities with local officials, and to minimize any 
ground disturbances caused by fire risk reduction activities.

Section 9. Availability and source of funds

    Section 9 describes the availability and source of funds.

Section 10. Amendment of Public Law 96-586

    Section 10 amends Section 3(a) of Public Law 96-586 (94 
Stat. 3383) to require willing sellers for any land purchase 
carried out under this bill.

Section 11. Relationship to other laws

    Section 11 states that nothing in this bill exempts the 
Secretary from compliance with any other applicable federal 
law.

Section 12. Authorization of appropriations

    Section 12 authorizes to be appropriated such sums as are 
necessary to carry out this bill.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of Rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 1, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3388, the Lake 
Tahoe Restoration Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3388--Lake Tahoe Restoration Act

    Summary: CBO estimates that implementing H.R. 3388 would 
cost $132 million over the 2001-2005 period, assuming 
appropriation of the authorized amounts. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 3388 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA). State and local 
governments might incur some costs to match the federal funds 
authorized by this bill, but those costs would be voluntary.
    H.R. 3388 would establish a program to restore the 
ecological health of the Lake Tahoe basin in California and 
Nevada, and would authorize the appropriation of $301 million 
for that purpose. The bill would require the Forest Service to 
develop and prioritize a list of projects to clean up and 
restore water quality in the basin and would authorize the 
appropriation of $200 million over 10 years to carry out such 
projects on federal lands. The bill also would authorize the 
appropriation of $101 million over 10 years for payments to 
local governments (including public utilities) within the Lake 
Tahoe basin to support similar cleanup activities on nonfederal 
lands.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3388 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--
                                                                    --------------------------------------------
                                                                       2001     2002     2003     2004     2005
----------------------------------------------------------------------------------------------------------------

                                        SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level......................................       31       30       30       30       30
Estimated outlays..................................................       16       26       30       30       30
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3388 will be enacted by the start of fiscal year 2001 and that 
the authorized amounts will be provided as specified by the 
bill. Estimates of outlays are based on historical spending 
patterns for similar programs.
    H.R. 3388 would authorize the appropriation of $20 million 
a year over the 2001-2010 period for environmental restoration 
projects on federal lands within the Lake Tahoe basin. Based on 
information from the Forest Service, we estimate that outlays 
for those projects would total about $84 million over the 2001-
2005 period. In addition, the bill would direct the Forest 
Service to make payments to local governments and public 
utilities to support erosion control and water quality 
activities on nonfederal lands and would authorize the 
appropriation of $10 million a year for 10 year's for that 
purpose. Based on information from the Forest Service, CBO 
estimates that such payments would total $47 million over the 
2001-2005 period. Finally, the bill would authorize the 
appropriation of $1 million for a one-time payment to the Tahoe 
Regional Planning Agency and the South Tahoe Public Utility 
District to develop a plan for preventing and responding to 
hydrocarbon contamination of surface and ground water. Assuming 
appropriation of that amount, we estimate that the payment 
would be made during fiscal year 2001.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3388 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. Local governments in the Lake Tahoe area would 
benefit from the payments authorized by the bill. State and 
local governments might incur some costs to match the federal 
funds, but those costs would be voluntary.
    Previous CBO estimate: On July 24, 2000, CBO transmitted a 
cost estimate for S. 1925, similar legislation ordered reported 
by the Senate Committee on Energy and Natural Resources on July 
13, 2000. The two bills are substantially the same, and the 
cost estimates are identical.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller and 
Susan Van Deventer; and Impact on the Private Sector: Sarah 
Sitarek.
    Estimate approved by: Robert A. Sunshine, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                        ACT OF DECEMBER 23, 1980

AN ACT To provide for the orderly disposal of certain Federal lands in 
Nevada and for the acquisition of certain other lands in the Lake Tahoe 
                     Basin, and for other purposes.

           *       *       *       *       *       *       *
  Sec. 2. (a) * * *

           *       *       *       *       *       *       *

  [(g)(1) The Secretary of Agriculture is authorized and 
directed to make annual payments to the governing bodies of 
each of the political subdivisions any portion of which is 
located in the area depicted on the final map filed pursuant to 
section 3(a). Such payments may be used only for water 
pollution control, soil erosion mitigation, or acquisition by 
local government authorities of lands and interests in lands 
within the Lake Tahoe Basin, or for any combination of the 
foregoing purposes.
  [(2) The total amounts appropriated for payments pursuant to 
this subsection shall be allocated proportionately among such 
political subdivisions in any fiscal year on the basis of the 
relative amounts of acreage acquired under this Act in each 
such political subdivision.
  [(3) In addition to the amounts authorized to be appropriated 
to carry out the provisions of section 3 of this Act, there is 
authorized to be appropriated for making payments under this 
subsection a sum equal to 15 per centum of the amount 
appropriated under such section 3.]
  (g) Payments to Localities.--
          (1) In general.--The Secretary of Agriculture shall, 
        to the extent and in the amount provided in advance in 
        appropriations Acts, 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 enactment of this 
        paragraph and for each of the 9 fiscal years 
        thereafter.

           *       *       *       *       *       *       *

  Sec. 3. (a)(1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

                          House of Representatives,
                                    Committee on Resources,
                                   Washington, DC, August 15, 2000.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Washington, DC.
    Dear Mr. Chairman: I ask your help in scheduling H.R. 3388, 
the Lake Tahoe Restoration Act, authored Congressman John T. 
Doolittle, for consideration by the House of Representatives as 
soon as possible.
    H.R. 3388 was referred primarily to the Committee on 
Resources and additionally to your Committee based on its 
jurisdiction over forestry in general, and forests reserves 
other than those created from the public domain. The purpose of 
H.R. 3388 is to enable the U.S. Forest Service to plan and 
implement significant new environmental restoration activities 
and forest management activities to address degradation of the 
Lake Tahoe ecosystem, including sedimentation, dead and dying 
trees, loss of water clarity, groundwater contamination and 
increased risk of catastrophic forest fires.
    Because the House has less than 18 legislative days before 
the target adjournment, I ask that you allow the Committee on 
Agriculture to be discharged from further consideration of the 
bill. This action would not be considered as precedent for any 
future referrals of similar measures or seen as affecting your 
Committee's jurisdiction over the subject matter of the bill. 
Moreover, if the bill is conferenced with the Senate, I would 
support naming Agriculture Committee members to the conference 
committee.
    I look forward to your response and would be pleased to 
include it and this letter in the report on H.R. 3388.
            Sincerely,
                                               Don Young, Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                   Washington, DC, August 15, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Washington, DC.
    Dear Mr. Chairman: Thank you for forwarding a draft copy of 
the Committee report to accompany H.R. 3388, a bill to promote 
environmental restoration around the Lake Tahoe basin, as 
ordered reported by your Committee.
    As you are aware, the Committee on Agriculture received an 
additional referral of this legislation on those provisions of 
H.R. 3388 that fall within this Committee's jurisdiction. 
However, after conferring with Chairman Goodlatte of the 
Subcommittee on Department Operations, Oversight, and Nutrition 
and Forestry, I would be glad to waive further consideration of 
this measure so as to advance its timely consideration in the 
House.
    This action is not intended to waive this Committee's 
jurisdiction over this matter for all purposes, and should this 
legislation go to conference, I would ask you to support the 
Committee on Agriculture's request to be represented on any 
conference on this bill, or a similar measure, if one should 
become necessary.
    Once again, I appreciate the continuing consultation 
between our committees on matters of shared jurisdiction.
            Sincerely,
                                           Larry Combest, Chairman.
                                ------                                

                          House of Representatives,
                                    Committee on Resources,
                                   Washington, DC, August 31, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Washington, 
        DC.
    Dear Mr. Chairman: I ask your help in scheduling H.R. 3388, 
the Lake Tahoe Restoration Act, authored Congressman John T. 
Doolittle, for consideration by the House of Representatives as 
soon as possible.
    H.R. 3388 was referred primarily to the Committee on 
Resources and additionally to your Committee. The purpose of 
H.R. 3388 is to enable the U.S. Forest Service to plan and 
implement significant new environmental restoration activities 
and forest management activities to address degradation of the 
Lake Tahoe ecosystem, including sedimentation, dead and dying 
trees, loss of water clarity, groundwater contamination and 
increased risk of catastrophic forest fires.
    Because the House has less than 21 legislative days before 
the target adjournment, I ask that you allow the Committee on 
Transportation and Infrastructure to be discharged from further 
consideration of the bill. This action would not be considered 
as precedent for any future referrals of similar measures or 
seen as affecting your Committee's jurisdiction over the 
subject matter of the bill. Moreover, if the bill is 
conferenced with the Senate, I would support naming 
Transportation Committee members to the conference committee.
    I look forward to your response and would be pleased to 
include it and this letter in the report on H.R. 3388.
            Sincerely,
                                               Don Young, Chairman.
                                ------                                

            Committee on Transportation and Infrastructure,
                                 Washington, DC, September 5, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding H.R. 
3388, the Lake Tahoe Restoration Act.
    I appreciate your strong interests and those of the bill's 
sponsor, Rep. Doolittle, in moving this important legislation 
to the House Floor as soon as possible. Accordingly, I will 
support discharging the Committee on Transportation and 
Infrastructure from further consideration of the bill.
    As you know, our Committee has jurisdiction over H.R. 
3388's subject matter involving water pollution. This includes 
programs, projects, and activities relating to water quality 
restoration and protection generally, wetlands restoration, and 
prevention of surface and ground water contamination by methyl 
tertiary butyl ether, as well as the relationship between 
vehicular traffic and parking and the environmental health of 
the basin.
    I appreciate your assurances that a decision to be 
discharged from further consideration of the bill should not be 
considered as precedent for future referrals of similar 
measures or as affecting the Transportation and Infrastructure 
Committee's subject matter jurisdiction and that you would 
support the appointment of conferees from the Committee should 
a conference with the Senate become necessary. In addition, I 
would appreciate your support for any clarifications or 
revisions that our staffs agree might be helpful or necessary 
and would appreciate your inclusion of this letter in any Floor 
debate accompanying House consideration of H.R. 3388.
    I congratulate you for your leadership on H.R. 3388 and 
look forward to working with you and your colleagues as the 
legislation advances.
            Sincerely,
                                                       Bud Shuster.

                                
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