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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1451 Reported in Senate (RS)]

                                                       Calendar No. 422
113th CONGRESS
  2d Session
                                S. 1451

                          [Report No. 113-191]

    To provide for environmental restoration activities and forest 
   management activities in the Lake Tahoe Basin, to amend title 18, 
 United States Code, to prohibit the importation or shipment of quagga 
                    mussels, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2013

  Mrs. Feinstein (for herself, Mr. Reid, Mr. Heller, and Mrs. Boxer) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                              June 5, 2014

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL

 
    To provide for environmental restoration activities and forest 
   management activities in the Lake Tahoe Basin, to amend title 18, 
 United States Code, to prohibit the importation or shipment of quagga 
                    mussels, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lake Tahoe Restoration Act of 
2013''.

SEC. 2. FINDINGS AND PURPOSES.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 2 and inserting the following:

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) Lake Tahoe--
                    ``(A) is one of the largest, deepest, and clearest 
                lakes in the world;
                    ``(B) has a cobalt blue color, a biologically 
                diverse alpine setting, and remarkable water clarity; 
                and
                    ``(C) is recognized nationally and worldwide as a 
                natural resource of special significance;
            ``(2) in addition to being a scenic and ecological 
        treasure, the Lake Tahoe Basin is one of the outstanding 
        recreational resources of the United States, which--
                    ``(A) offers skiing, water sports, biking, camping, 
                and hiking to millions of visitors each year; and
                    ``(B) contributes significantly to the economies of 
                California, Nevada, and the United States;
            ``(3) the economy in the Lake Tahoe Basin is dependent on 
        the protection and restoration of the natural beauty and 
        recreation opportunities in the area;
            ``(4) the Lake Tahoe Basin continues to be threatened by 
        the impacts of land use and transportation patterns developed 
        in the last century that damage the fragile watershed of the 
        Basin;
            ``(5) the water clarity of Lake Tahoe declined from a 
        visibility level of 105 feet in 1967 to only 70 feet in 2008;
            ``(6) the rate of decline in water clarity of Lake Tahoe 
        has decreased in recent years;
            ``(7) a stable water clarity level for Lake Tahoe could be 
        achieved through feasible control measures for very fine 
        sediment particles and nutrients;
            ``(8) fine sediments that cloud Lake Tahoe, and key 
        nutrients such as phosphorus and nitrogen that support the 
        growth of algae and invasive plants, continue to flow into the 
        lake from stormwater runoff from developed areas, roads, turf, 
        other disturbed land, and streams;
            ``(9) the destruction and alteration of wetland, wet 
        meadows, and stream zone habitat have compromised the natural 
        capacity of the watershed to filter sediment, nutrients, and 
        pollutants before reaching Lake Tahoe;
            ``(10) approximately 25 percent of the trees in the Lake 
        Tahoe Basin are either dead or dying;
            ``(11) forests in the Tahoe Basin suffer from over a 
        century of fire suppression and periodic drought, which have 
        resulted in--
                    ``(A) high tree density and mortality;
                    ``(B) the loss of biological diversity; and
                    ``(C) a large quantity of combustible forest fuels, 
                which significantly increases the threat of 
                catastrophic fire and insect infestation;
            ``(12) the establishment of several aquatic and terrestrial 
        invasive species (including perennial pepperweed, milfoil, and 
        Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
            ``(13) there is an ongoing threat to the Lake Tahoe Basin 
        of the introduction and establishment of other invasive species 
        (such as yellow starthistle, New Zealand mud snail, and quagga 
        mussel);
            ``(14) the report prepared by the University of California, 
        Davis, entitled the `State of the Lake Report', found that 
        conditions in the Lake Tahoe Basin had changed, including--
                    ``(A) the average surface water temperature of Lake 
                Tahoe has risen by more than 1.2 degrees Fahrenheit in 
                the past 43 years;
                    ``(B) since 1910, the percent of precipitation that 
                has fallen as snow in the Lake Tahoe Basin decreased 
                from 51 percent to 35.5 percent; and
                    ``(C) daily air temperatures have increased by more 
                than 4 degrees Fahrenheit and the trend in daily 
                maximum temperature has risen by approximately 2 
                degrees Fahrenheit;
            ``(15) 75 percent of the land in the Lake Tahoe Basin is 
        owned by the Federal Government, which makes it a Federal 
        responsibility to restore environmental health to the Basin;
            ``(16) the Federal Government has a long history of 
        environmental preservation at Lake Tahoe, including--
                    ``(A) congressional consent to the establishment of 
                the Tahoe Regional Planning Agency with--
                            ``(i) the enactment in 1969 of Public Law 
                        91-148 (83 Stat. 360); and
                            ``(ii) the enactment in 1980 of Public Law 
                        96-551 (94 Stat. 3233);
                    ``(B) the establishment of the Lake Tahoe Basin 
                Management Unit in 1973;
                    ``(C) the enactment of Public Law 96-586 (94 Stat. 
                3381) in 1980 to provide for the acquisition of 
                environmentally sensitive land and erosion control 
                grants in the Lake Tahoe Basin;
                    ``(D) the enactment of sections 341 and 342 of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 
                1317), which amended the Southern Nevada Public Land 
                Management Act of 1998 (Public Law 105-263; 112 Stat. 
                2346) to provide payments for the environmental 
                restoration projects under this Act; and
                    ``(E) the enactment of section 382 of the Tax 
                Relief and Health Care Act of 2006 (Public Law 109-432; 
                120 Stat. 3045), which amended the Southern Nevada 
                Public Land Management Act of 1998 (Public Law 105-263; 
                112 Stat. 2346) to authorize development and 
                implementation of a comprehensive 10-year hazardous 
                fuels and fire prevention plan for the Lake Tahoe 
                Basin;
            ``(17) the Assistant Secretary of the Army for Civil Works 
        was an original signatory in 1997 to the Agreement of Federal 
        Departments on Protection of the Environment and Economic 
        Health of the Lake Tahoe Basin;
            ``(18) the Chief of Engineers, under direction from the 
        Assistant Secretary of the Army for Civil Works, has continued 
        to be a significant contributor to Lake Tahoe Basin 
        restoration, including--
                    ``(A) stream and wetland restoration;
                    ``(B) urban stormwater conveyance and treatment; 
                and
                    ``(C) programmatic technical assistance;
            ``(19) at the Lake Tahoe Presidential Forum in 1997, the 
        President renewed the commitment of the Federal Government to 
        Lake Tahoe by--
                    ``(A) committing to increased Federal resources for 
                environmental restoration at Lake Tahoe; and
                    ``(B) establishing the Federal Interagency 
                Partnership and Federal Advisory Committee to consult 
                on natural resources issues concerning the Lake Tahoe 
                Basin;
            ``(20) at the 2011 and 2012 Lake Tahoe Forums, Senator 
        Reid, Senator Feinstein, Senator Heller, Senator Ensign, 
        Governor Gibbons, Governor Sandoval, and Governor Brown--
                    ``(A) renewed their commitment to Lake Tahoe; and
                    ``(B) expressed their desire to fund the Federal 
                and State shares of the Environmental Improvement 
                Program through 2022;
            ``(21) since 1997, the Federal Government, the States of 
        California and Nevada, units of local government, and the 
        private sector have contributed more than $1,620,000,000 to the 
        Lake Tahoe Basin, including--
                    ``(A) $521,100,000 from the Federal Government;
                    ``(B) $636,200,000 from the State of California;
                    ``(C) $101,400,000 from the State of Nevada;
                    ``(D) $68,200,000 from units of local government; 
                and
                    ``(E) $299,600,000 from private interests;
            ``(22) significant additional investment from Federal, 
        State, local, and private sources is necessary--
                    ``(A) to restore and sustain the environmental 
                health of the Lake Tahoe Basin;
                    ``(B) to adapt to the impacts of changing water 
                temperature and precipitation; and
                    ``(C) to protect the Lake Tahoe Basin from the 
                introduction and establishment of invasive species; and
            ``(23) the Secretary has indicated that the Lake Tahoe 
        Basin Management Unit has the capacity for at least $10,000,000 
        for the Fire Risk Reduction and Forest Management Program.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to enable the Chief of the Forest Service, the 
        Director of the United States Fish and Wildlife Service, and 
        the Administrator of the Environmental Protection Agency, in 
        cooperation with the Planning Agency and the States of 
        California and Nevada, to fund, plan, and implement significant 
        new environmental restoration activities and forest management 
        activities to address in the Lake Tahoe Basin the issues 
        described in paragraphs (4) through (14) of subsection (a);
            ``(2) to ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together to 
        manage land in the Lake Tahoe Basin and to coordinate on other 
        activities in a manner that supports achievement and 
        maintenance of--
                    ``(A) the environmental threshold carrying 
                capacities for the region; and
                    ``(B) other applicable environmental standards and 
                objectives;
            ``(3) to support local governments in efforts related to 
        environmental restoration, stormwater pollution control, fire 
        risk reduction, and forest management activities; and
            ``(4) to ensure that agency and science community 
        representatives in the Lake Tahoe Basin work together--
                    ``(A) to develop and implement a plan for 
                integrated monitoring, assessment, and applied research 
                to evaluate the effectiveness of the Environmental 
                Improvement Program; and
                    ``(B) to provide objective information as a basis 
                for ongoing decisionmaking, with an emphasis on 
                decisionmaking relating to public and private land use 
                and resource management in the Basin.''.

SEC. 3. DEFINITIONS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 3 and inserting the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(3) Chair.--The term `Chair' means the Chair of the 
        Federal Partnership.
            ``(4) Compact.--The term `Compact' means the Tahoe Regional 
        Planning Compact included in the first section of Public Law 
        96-551 (94 Stat. 3233).
            ``(5) Directors.--The term `Directors' means--
                    ``(A) the Director of the United States Fish and 
                Wildlife Service; and
                    ``(B) the Director of the United States Geological 
                Survey.
            ``(6) Environmental improvement program.--The term 
        `Environmental Improvement Program' means--
                    ``(A) the Environmental Improvement Program adopted 
                by the Planning Agency; and
                    ``(B) any amendments to the Program.
            ``(7) Environmental threshold carrying capacity.--The term 
        `environmental threshold carrying capacity' has the meaning 
        given the term in article II of the compact.
            ``(8) Federal partnership.--The term `Federal Partnership' 
        means the Lake Tahoe Federal Interagency Partnership 
        established by Executive Order 13957 (62 Fed. Reg. 41249) (or a 
        successor Executive order).
            ``(9) Forest management activity.--The term `forest 
        management activity' includes--
                    ``(A) prescribed burning for ecosystem health and 
                hazardous fuels reduction;
                    ``(B) mechanical and minimum tool treatment;
                    ``(C) road decommissioning or reconstruction;
                    ``(D) stream environment zone restoration and other 
                watershed and wildlife habitat enhancements;
                    ``(E) nonnative invasive species management; and
                    ``(F) other activities consistent with Forest 
                Service practices, as the Secretary determines to be 
                appropriate.
            ``(10) Maps.--The term `Maps' means the maps--
                    ``(A) entitled--
                            ``(i) `LTRA USFS-CA Land Exchange/North 
                        Shore';
                            ``(ii) `USFS-CA Land Exchange/West Shore'; 
                        and
                            ``(iii) `USFS-CA Land Exchange/South 
                        Shore'; and
                    ``(B) dated April 12, 2013, and on file and 
                available for public inspection in the appropriate 
                offices of--
                            ``(i) the Forest Service;
                            ``(ii) the California Tahoe Conservancy; 
                        and
                            ``(iii) the California Department of Parks 
                        and Recreation.
            ``(11) National wildland fire code.--The term `national 
        wildland fire code' means--
                    ``(A) the most recent publication of the National 
                Fire Protection Association codes numbered 1141, 1142, 
                1143, and 1144;
                    ``(B) the most recent publication of the 
                International Wildland-Urban Interface Code of the 
                International Code Council; or
                    ``(C) any other code that the Secretary determines 
                provides the same, or better, standards for protection 
                against wildland fire as a code described in 
                subparagraph (A) or (B).
            ``(12) Planning agency.--The term `Planning Agency' means 
        the Tahoe Regional Planning Agency established under Public Law 
        91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
            ``(13) Priority list.--The term `Priority List' means the 
        environmental restoration priority list developed under section 
        8.
            ``(14) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            ``(15) Stream environment zone.--The term `Stream 
        Environment Zone' means an area that generally owes the 
        biological and physical characteristics of the area to the 
        presence of surface water or groundwater.
            ``(16) Total maximum daily load.--The term `total maximum 
        daily load' means the total maximum daily load allocations 
        adopted under section 303(d) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1313(d)).
            ``(17) Watercraft.--The term `watercraft' means motorized 
        and non-motorized watercraft, including boats, seaplanes, 
        personal watercraft, kayaks, and canoes.''.

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

    Section 4 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2353) is amended--
            (1) in subsection (b)(3), by striking ``basin'' and 
        inserting ``Basin''; and
            (2) by adding at the end the following:
    ``(c) Transit.--
            ``(1) In general.--The Lake Tahoe Basin Management Unit 
        shall, consistent with the regional transportation plan adopted 
        by the Planning Agency, manage vehicular parking and traffic in 
        the Lake Tahoe Basin Management Unit, with priority given--
                    ``(A) to improving public access to the Lake Tahoe 
                Basin, including the prioritization of alternatives to 
                the private automobile, consistent with the 
                requirements of the Compact;
                    ``(B) to coordinating with the Nevada Department of 
                Transportation, Caltrans, State parks, and other 
                entities along Nevada Highway 28 and California Highway 
                89; and
                    ``(C) to providing support and assistance to local 
                public transit systems in the management and operations 
                of activities under this subsection.
            ``(2) National forest transit program.--Consistent with the 
        support and assistance provided under paragraph (1)(C), the 
        Secretary, in consultation with the Secretary of 
        Transportation, may enter into a contract, cooperative 
        agreement, interagency agreement, or other agreement with the 
        Department of Transportation to secure operating and capital 
        funds from the National Forest Transit Program.
    ``(d) Forest Management Activities.--
            ``(1) Coordination.--
                    ``(A) In general.--In conducting forest management 
                activities in the Lake Tahoe Basin Management Unit, the 
                Secretary shall, as appropriate, coordinate with the 
                Administrator and State and local agencies and 
                organizations, including local fire departments and 
                volunteer groups.
                    ``(B) Goals.--The coordination of activities under 
                subparagraph (A) should aim to increase efficiencies 
                and maximize the compatibility of management practices 
                across public property boundaries.
            ``(2) Multiple benefits.--
                    ``(A) In general.--In conducting forest management 
                activities in the Lake Tahoe Basin Management Unit, the 
                Secretary shall conduct the activities in a manner 
                that--
                            ``(i) except as provided in subparagraph 
                        (B), attains multiple ecosystem benefits, 
                        including--
                                    ``(I) reducing forest fuels;
                                    ``(II) maintaining or restoring 
                                biological diversity;
                                    ``(III) improving wetland and water 
                                quality, including in Stream 
                                Environment Zones; and
                                    ``(IV) increasing resilience to 
                                changing water temperature and 
                                precipitation; and
                            ``(ii) helps achieve and maintain the 
                        environmental threshold carrying capacities 
                        established by the Planning Agency.
                    ``(B) Exception.--Notwithstanding clause (A)(i), 
                the attainment of multiple ecosystem benefits shall not 
                be required if the Secretary determines that management 
                for multiple ecosystem benefits would excessively 
                increase the cost of a project in relation to the 
                additional ecosystem benefits gained from the 
                management activity.
            ``(3) Ground disturbance.--Consistent with applicable 
        Federal law and Lake Tahoe Basin Management Unit land and 
        resource management plan direction, the Secretary shall--
                    ``(A) establish post-project ground condition 
                criteria for ground disturbance caused by forest 
                management activities; and
                    ``(B) provide for monitoring to ascertain the 
                attainment of the post-project conditions.
    ``(e) Withdrawal of Federal Land.--
            ``(1) In general.--Subject to valid existing rights and 
        paragraph (2), the Federal land located in the Lake Tahoe Basin 
        Management Unit is withdrawn from--
                    ``(A) all forms of entry, appropriation, or 
                disposal under the public land laws;
                    ``(B) location, entry, and patent under the mining 
                laws; and
                    ``(C) disposition under all laws relating to 
                mineral and geothermal leasing.
            ``(2) Exceptions.--A conveyance of land shall be exempt 
        from withdrawal under this subsection if carried out under--
                    ``(A) the Lake Tahoe Restoration Act (Public Law 
                106-506; 114 Stat. 2351); or
                    ``(B) the Santini-Burton Act (Public Law 96-586; 94 
                Stat. 3381).
    ``(f) Environmental Threshold Carrying Capacity.--The Lake Tahoe 
Basin Management Unit shall support the attainment of the environmental 
threshold carrying capacities.
    ``(g) Cooperative Authorities.--During the 4 fiscal years following 
the date of enactment of the Lake Tahoe Restoration Act of 2013, the 
Secretary, in conjunction with land adjustment projects or programs, 
may enter into contracts and cooperative agreements with States, units 
of local government, and other public and private entities to provide 
for fuel reduction, erosion control, reforestation, Stream Environment 
Zone restoration, and similar management activities on Federal land and 
non-Federal land within the projects or programs.''.

SEC. 5. CONSULTATION.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 5 and inserting the following:

``SEC. 5. CONSULTATION.

    ``In carrying out this Act, the Secretary, the Administrator, and 
the Directors shall, as appropriate and in a timely manner, consult 
with the heads of the Washoe Tribe, applicable Federal, State, 
regional, and local governmental agencies, and the Lake Tahoe Federal 
Advisory Committee.''.

SEC. 6. AUTHORIZED PROJECTS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 6 and inserting the following:

``SEC. 6. AUTHORIZED PROJECTS.

    ``(a) In General.--The Secretary, the Assistant Secretary, the 
Directors, and the Administrator, in coordination with the Planning 
Agency and the States of California and Nevada, may carry out or 
provide financial assistance to any project or program that--
            ``(1) is described in subsection (d);
            ``(2) is included in the Priority List under section 8; and
            ``(3) furthers the purposes of the Environmental 
        Improvement Program if the project has been subject to 
        environmental review and approval, respectively, as required 
        under Federal law, article 7 of the Compact, and State law, as 
        applicable.
    ``(b) Restriction.--The Administrator shall use not more than 3 
percent of the funds provided under subsection (a) for administering 
the projects or programs described in paragraphs (1) and (2) of 
subsection (d).
    ``(c) Monitoring and Assessment.--All projects authorized under 
subsection (d) shall--
            ``(1) include funds for monitoring and assessment of the 
        results and effectiveness at the project and program level 
        consistent with the program developed under section 11; and
            ``(2) use the integrated multiagency performance measures 
        established under section 13.
    ``(d) Description of Activities.--
            ``(1) Stormwater management, erosion control, and total 
        maximum daily load implementation.--Of the amounts made 
        available under section 17(a), $75,000,000 shall be made 
        available--
                    ``(A) to the Secretary or the Administrator for the 
                Federal share of stormwater management and related 
                projects and programs consistent with the adopted Total 
                Maximum Daily Load and near-shore water quality goals; 
                and
                    ``(B) for grants by the Secretary and the 
                Administrator to carry out the projects and programs 
                described in subparagraph (A).
            ``(2) Stream environment zone and watershed restoration.--
        Of the amounts made available under section 17(a), $38,000,000 
        shall be made available--
                    ``(A) to the Secretary or the Assistant Secretary 
                for the Federal share of the Upper Truckee River 
                restoration projects and other watershed restoration 
                projects identified in the priority list established 
                under section 8; and
                    ``(B) for grants by the Administrator to carry out 
                the projects described in subparagraph (A).
            ``(3) Fire risk reduction and forest management.--
                    ``(A) In general.--Of the amounts made available 
                under section 17(a), $135,000,000 shall be made 
                available to the Secretary to carry out, including by 
                making grants, the following projects:
                            ``(i) Projects identified as part of the 
                        Lake Tahoe Basin Multi-Jurisdictional Fuel 
                        Reduction and Wildfire Prevention Strategy 10-
                        Year Plan.
                            ``(ii) Competitive grants for fuels work to 
                        be awarded by the Secretary to communities that 
                        have adopted national wildland fire codes to 
                        implement the applicable portion of the 10-year 
                        plan described in clause (i).
                            ``(iii) Biomass projects, including 
                        feasibility assessments and transportation of 
                        materials.
                            ``(iv) Angora Fire Restoration projects 
                        under the jurisdiction of the Secretary.
                            ``(v) Washoe Tribe projects on tribal lands 
                        within the Lake Tahoe Basin.
                            ``(vi) Development of an updated Lake Tahoe 
                        Basin multijurisdictional fuel reduction and 
                        wildfire prevention strategy, consistent with 
                        section 4(d).
                            ``(vii) Development of updated community 
                        wildfire protection plans by local fire 
                        districts.
                            ``(viii) Municipal water infrastructure 
                        that significantly improves the firefighting 
                        capability of local government within the Lake 
                        Tahoe Basin.
                    ``(B) Minimum allocation.--Of the amounts made 
                available to the Secretary to carry out subparagraph 
                (A), at least $80,000,000 shall be used by the 
                Secretary for projects under subparagraph (A)(i).
                    ``(C) Priority.--Units of local government that 
                have dedicated funding for inspections and enforcement 
                of defensible space regulations shall be given priority 
                for amounts provided under this paragraph.
                    ``(D) Cost-sharing requirements.--
                            ``(i) In general.--As a condition on the 
                        receipt of funds, communities or local fire 
                        districts that receive funds under this 
                        paragraph shall provide a 25-percent match.
                            ``(ii) Form of non-federal share.--
                                    ``(I) In general.--The non-Federal 
                                share required under clause (i) may be 
                                in the form of cash contributions or 
                                in-kind contributions, including 
                                providing labor, equipment, supplies, 
                                space, and other operational needs.
                                    ``(II) Credit for certain dedicated 
                                funding.--There shall be credited 
                                toward the non-Federal share required 
                                under clause (i) any dedicated funding 
                                of the communities or local fire 
                                districts for a fuels reduction 
                                management program, defensible space 
                                inspections, or dooryard chipping.
                                    ``(III) Documentation.--Communities 
                                and local fire districts shall--
                                            ``(aa) maintain a record of 
                                        in-kind contributions that 
                                        describes--

                                                    ``(AA) the monetary 
                                                value of the in-kind 
                                                contributions; and

                                                    ``(BB) the manner 
                                                in which the in-kind 
                                                contributions assist in 
                                                accomplishing project 
                                                goals and objectives; 
                                                and

                                            ``(bb) document in all 
                                        requests for Federal funding, 
                                        and include in the total 
                                        project budget, evidence of the 
                                        commitment to provide the non-
                                        Federal share through in-kind 
                                        contributions.
            ``(4) Invasive species management.--Of the amounts to be 
        made available under section 17(a), $30,000,000 shall be made 
        available to the Director of the United States Fish and 
        Wildlife Service for the Aquatic Invasive Species Program and 
        the watercraft inspections described in section 9.
            ``(5) Special status species management.--Of the amounts to 
        be made available under section 17(a), $20,000,000 shall be 
        made available to the Director of the United States Fish and 
        Wildlife Service for the Lahontan Cutthroat Trout Recovery 
        Program.
            ``(6) Lake tahoe basin science program.--Of the amounts to 
        be made available under section 17(a), $30,000,000 shall be 
        made available to the Chief of the Forest Service to develop 
        and implement, in coordination with the Tahoe Science 
        Consortium, the Lake Tahoe Basin Science Program established 
        under section 11.
            ``(7) Program performance and accountability.--
                    ``(A) In general.--Of the amounts to be made 
                available under section 17(a), $5,000,000 shall be made 
                available to the Secretary to carry out sections 12, 
                13, and 14.
                    ``(B) Planning agency.--Of the amounts described in 
                subparagraph (A), not less than 50 percent shall be 
                made available to the Planning Agency to carry out the 
                program oversight, coordination, and outreach 
                activities established under sections 12, 13, and 14.
            ``(8) Land conveyance.--
                    ``(A) In general.--Of the amount made available 
                under section 17(a), $2,000,000 shall be made available 
                to the Secretary to carry out the activities under 
                section 3(b)(2) of Public Law 96-586 (94 Stat. 3384) 
                (commonly known as the `Santini-Burton Act').
                    ``(B) Other funds.--Of the amounts available to the 
                Secretary under subparagraph (A), not less than 50 
                percent shall be provided to the California Tahoe 
                Conservancy to facilitate the conveyance of land 
                described in section 3(b)(2) of Public Law 96-586 (94 
                Stat. 3384) (commonly known as the `Santini-Burton 
                Act').''.

SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended--
            (1) by striking sections 8 and 9;
            (2) by redesignating sections 10, 11, and 12 as sections 
        15, 16, and 17, respectively; and
            (3) by inserting after section 7 the following:

``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    ``(a) Deadline.--Not later than February 15 of the year after the 
date of enactment of the Lake Tahoe Restoration Act of 2013, the Chair, 
in consultation with the Secretary, the Administrator, the Directors, 
the Planning Agency, the States of California and Nevada, the Federal 
Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory 
Committee, and the Tahoe Science Consortium shall submit to Congress a 
prioritized list of all Environmental Improvement Program projects for 
the Lake Tahoe Basin for each program category described in section 
6(d).
    ``(b) Criteria.--
            ``(1) In general.--The priority of projects included in the 
        Priority List shall be based on the best available science and 
        the following criteria:
                    ``(A) The 5-year threshold carrying capacity 
                evaluation.
                    ``(B) The ability to measure progress or success of 
                the project.
                    ``(C) The potential to significantly contribute to 
                the achievement and maintenance of the environmental 
                threshold carrying capacities identified in the Compact 
                for--
                            ``(i) air quality;
                            ``(ii) fisheries;
                            ``(iii) noise;
                            ``(iv) recreation;
                            ``(v) scenic resources;
                            ``(vi) soil conservation;
                            ``(vii) forest health;
                            ``(viii) water quality; and
                            ``(ix) wildlife.
                    ``(D) The ability of a project to provide multiple 
                benefits.
                    ``(E) The ability of a project to leverage non-
                Federal contributions.
                    ``(F) Stakeholder support for the project.
                    ``(G) The justification of Federal interest.
                    ``(H) Agency priority.
                    ``(I) Agency capacity.
                    ``(J) Cost-effectiveness.
                    ``(K) Federal funding history.
            ``(2) Secondary factors.--In addition to the criteria under 
        paragraph (1), the Chair shall, as the Chair determines to be 
        appropriate, give preference to projects in the Priority List 
        that benefit existing neighborhoods in the Basin that are at or 
        below regional median income levels, based on the most recent 
        census data available.
    ``(c) Revisions.--
            ``(1) In general.--The Priority List submitted under 
        subsection (b) shall be revised--
                    ``(A) every 2 years; or
                    ``(B) on a finding of compelling need under 
                paragraph (2).
            ``(2) Finding of compelling need.--
                    ``(A) In general.--If the Secretary, the 
                Administrator, or the Director of the United States 
                Fish and Wildlife Service makes a finding of compelling 
                need justifying a priority shift and the finding is 
                approved by the Secretary, the Executive Director of 
                the Planning Agency, the California Natural Resources 
                Secretary, and the Director of the Nevada Department of 
                Conservation, the Priority List shall be revised in 
                accordance with this subsection.
                    ``(B) Inclusions.--A finding of compelling need 
                includes--
                            ``(i) major scientific findings;
                            ``(ii) results from the threshold 
                        evaluation of the Planning Agency;
                            ``(iii) emerging environmental threats; and
                            ``(iv) rare opportunities for land 
                        acquisition.
    ``(d) Funding.--Of the amount made available under section 17(a), 
$80,000,000 shall be made available to the Secretary to carry out this 
section.

``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.

    ``(a) In General.--The Director of the United States Fish and 
Wildlife Service, in coordination with the Planning Agency, the 
California Department of Fish and Game, and the Nevada Department of 
Wildlife, shall deploy strategies consistent with the Lake Tahoe 
Aquatic Invasive Species Management Plan to prevent the introduction of 
aquatic invasive species into the Lake Tahoe Basin.
    ``(b) Criteria.--The strategies referred to in subsection (a) shall 
provide that--
            ``(1) combined inspection and decontamination stations be 
        established and operated at not less than 2 locations in the 
        Lake Tahoe Basin; and
            ``(2) watercraft not be allowed to launch in waters of the 
        Lake Tahoe Basin if the watercraft has not been inspected in 
        accordance with the Lake Tahoe Aquatic Invasive Species 
        Management Plan.
    ``(c) Certification.--The Planning Agency may certify State and 
local agencies to perform the decontamination activities described in 
subsection (b)(3) at locations outside the Lake Tahoe Basin if 
standards at the sites meet or exceed standards for similar sites in 
the Lake Tahoe Basin established under this section.
    ``(d) Applicability.--The strategies and criteria developed under 
this section shall apply to all watercraft to be launched on water 
within the Lake Tahoe Basin.
    ``(e) Fees.--The Director of the United States Fish and Wildlife 
Service may collect and spend fees for decontamination only at a level 
sufficient to cover the costs of operation of inspection and 
decontamination stations under this section.
    ``(f) Civil Penalties.--
            ``(1) In general.--Any person that launches, attempts to 
        launch, or facilitates launching of watercraft not in 
        compliance with strategies deployed under this section shall be 
        liable for a civil penalty in an amount not to exceed $1,000 
        per violation.
            ``(2) Other authorities.--Any penalties assessed under this 
        subsection shall be separate from penalties assessed under any 
        other authority.
    ``(g) Limitation.--The strategies and criteria under subsections 
(a) and (b), respectively, may be modified if the Secretary of the 
Interior, in a nondelegable capacity and in consultation with the 
Planning Agency and State governments, issues a determination that 
alternative measures will be no less effective at preventing 
introduction of aquatic invasive species into Lake Tahoe than the 
strategies and criteria.
    ``(h) Supplemental Authority.--The authority under this section is 
supplemental to all actions taken by non-Federal regulatory 
authorities.
    ``(i) Savings Clause.--Nothing in this title shall be construed as 
restricting, affecting, or amending any other law or the authority of 
any department, instrumentality, or agency of the United States, or any 
State or political subdivision thereof, respecting the control of 
invasive species.

``SEC. 10. CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.

    ``(a) In General.--The Assistant Secretary may enter into 
interagency agreements with non-Federal interests in the Lake Tahoe 
Basin to use Lake Tahoe Partnership-Miscellaneous General 
Investigations funds to provide programmatic technical assistance for 
the Environmental Improvement Program.
    ``(b) Local Cooperation Agreements.--
            ``(1) In general.--Before providing technical assistance 
        under this section, the Assistant Secretary shall enter into a 
        local cooperation agreement with a non-Federal interest to 
        provide for the technical assistance.
            ``(2) Components.--The agreement entered into under 
        paragraph (1) shall--
                    ``(A) describe the nature of the technical 
                assistance;
                    ``(B) describe any legal and institutional 
                structures necessary to ensure the effective long-term 
                viability of the end products by the non-Federal 
                interest; and
                    ``(C) include cost-sharing provisions in accordance 
                with paragraph (3).
            ``(3) Federal share.--
                    ``(A) In general.--The Federal share of project 
                costs under each local cooperation agreement under this 
                subsection shall be 65 percent.
                    ``(B) Form.--The Federal share may be in the form 
                of reimbursements of project costs.
                    ``(C) Credit.--The non-Federal interest may receive 
                credit toward the non-Federal share for the reasonable 
                costs of related technical activities completed by the 
                non-Federal interest before entering into a local 
                cooperation agreement with the Assistant Secretary 
                under this subsection.

``SEC. 11. LAKE TAHOE BASIN SCIENCE PROGRAM.

    ``The Secretary (acting through the Station Director of the Forest 
Service, Pacific Southwest Research Station), the Administrator, the 
Planning Agency, the States of California and Nevada, and the Tahoe 
Science Consortium, shall develop and implement the Lake Tahoe Basin 
Science Program that--
            ``(1) develops and regularly updates an integrated 
        multiagency programmatic assessment and monitoring plan--
                    ``(A) to evaluate the effectiveness of the 
                Environmental Improvement Program;
                    ``(B) to evaluate the status and trends of 
                indicators related to environmental threshold carrying 
                capacities; and
                    ``(C) to assess the impacts and risks of changing 
                water temperature, precipitation, and invasive species;
            ``(2) produces and synthesizes scientific information 
        necessary for--
                    ``(A) the identification and refinement of 
                environmental indicators for the Lake Tahoe Basin; and
                    ``(B) the evaluation of standards and benchmarks;
            ``(3) conducts applied research, programmatic technical 
        assessments, scientific data management, analysis, and 
        reporting related to key management questions;
            ``(4) develops new tools and information to support 
        objective assessments of land use and resource conditions;
            ``(5) provides scientific and technical support to the 
        Federal Government and State and local governments in--
                    ``(A) reducing stormwater runoff, air deposition, 
                and other pollutants that contribute to the loss of 
                lake clarity; and
                    ``(B) the development and implementation of an 
                integrated stormwater monitoring and assessment 
                program;
            ``(6) establishes and maintains independent peer review 
        processes--
                    ``(A) to evaluate the Environmental Improvement 
                Program; and
                    ``(B) to assess the technical adequacy and 
                scientific consistency of central environmental 
                documents, such as the 5-year threshold review; and
            ``(7) provides scientific and technical support for the 
        development of appropriate management strategies to accommodate 
        changing water temperature and precipitation in the Lake Tahoe 
        Basin.

``SEC. 12. PUBLIC OUTREACH AND EDUCATION.

    ``(a) In General.--The Secretary, the Administrator, and the 
Directors will coordinate with the Planning Agency to conduct public 
education and outreach programs, including encouraging--
            ``(1) owners of land and residences in the Lake Tahoe 
        Basin--
                    ``(A) to implement defensible space; and
                    ``(B) to conduct best management practices for 
                water quality; and
            ``(2) owners of land and residences in the Lake Tahoe Basin 
        and visitors to the Lake Tahoe Basin, to help prevent the 
        introduction and proliferation of invasive species as part of 
        the private share investment in the Environmental Improvement 
        Program.
    ``(b) Scientific and Technical Guidance.--The Director of the 
United States Geological Survey shall provide scientific and technical 
guidance to public outreach and education programs conducted under this 
section.
    ``(c) Required Coordination.--Public outreach and education 
programs for aquatic invasive species under this section shall--
            ``(1) be coordinated with Lake Tahoe Basin tourism and 
        business organizations; and
            ``(2) include provisions for the programs to extend outside 
        of the Lake Tahoe Basin.

``SEC. 13. REPORTING REQUIREMENTS.

    ``Not later than February 15 of each year, the Secretary, in 
cooperation with the Chair, the Administrator, the Directors, the 
Planning Agency, and the States of California and Nevada, consistent 
with section 6(d)(6), shall submit to Congress a report that 
describes--
            ``(1) the status of all Federal, State, local, and private 
        projects authorized under this Act, including to the maximum 
        extent practicable, for projects that will receive Federal 
        funds under this Act during the current or subsequent fiscal 
        year--
                    ``(A) the project scope;
                    ``(B) the budget for the project; and
                    ``(C) the justification for the project, consistent 
                with the criteria established in section 8(b)(1);
            ``(2) Federal, State, local, and private expenditures in 
        the preceding fiscal year to implement the Environmental 
        Improvement Program and projects otherwise authorized under 
        this Act;
            ``(3) accomplishments in the preceding fiscal year in 
        implementing this Act in accordance with the performance 
        measures and other monitoring and assessment activities; and
            ``(4) public education and outreach efforts undertaken to 
        implement programs and projects authorized under this Act.

``SEC. 14. ANNUAL BUDGET PLAN.

    ``As part of the annual budget of the President, the President 
shall submit information regarding each Federal agency involved in the 
Environmental Improvement Program (including the Forest Service, the 
Environmental Protection Agency, the United States Fish and Wildlife 
Service), the United States Geological Survey, and the Corps of 
Engineers), including--
            ``(1) an interagency crosscut budget that displays the 
        proposed budget for use by each Federal agency in carrying out 
        restoration activities relating to the Environmental 
        Improvement Program for the following fiscal year;
            ``(2) a detailed accounting of all amounts received and 
        obligated by Federal agencies to achieve the goals of the 
        Environmental Improvement Program during the preceding fiscal 
        year; and
            ``(3) a description of the Federal role in the 
        Environmental Improvement Program, including the specific role 
        of each agency involved in the restoration of the Lake Tahoe 
        Basin.''.

SEC. 8. RELATIONSHIP TO OTHER LAWS.

    Section 16 of The Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2358) (as redesignated by section 7(2)) is amended by 
inserting ``, Director, or Administrator'' after ``Secretary''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 17 (as redesignated by section 7(2)) and 
inserting the following:

``SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $415,000,000 for a period of 10 
fiscal years beginning the first fiscal year after the date of 
enactment of the Lake Tahoe Restoration Act of 2013.
    ``(b) Effect on Other Funds.--Amounts authorized under this section 
and any amendments made by this Act--
            ``(1) shall be in addition to any other amounts made 
        available to the Secretary, the Administrator, or the Directors 
        for expenditure in the Lake Tahoe Basin; and
            ``(2) shall not reduce allocations for other Regions of the 
        Forest Service, Environmental Protection Agency, or the United 
        States Fish and Wildlife Service.
    ``(c) Cost-Sharing Requirement.--Except as provided in subsection 
(d) and section 6(d)(3)(D), the States of California and Nevada shall 
pay 50 percent of the aggregate costs of restoration activities in the 
Lake Tahoe Basin funded under section 6.
    ``(d) Relocation Costs.--Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts two-thirds of the 
costs of relocating facilities in connection with--
            ``(1) environmental restoration projects under sections 6 
        and 8; and
            ``(2) erosion control projects under section 2 of Public 
        Law 96-586 (94 Stat. 3381).
    ``(e) Signage.--To the maximum extent practicable, a project 
provided assistance under this Act shall include appropriate signage at 
the project site that--
            ``(1) provides information to the public on--
                    ``(A) the amount of Federal funds being provided to 
                the project; and
                    ``(B) this Act; and
            ``(2) displays the visual identity mark of the 
        Environmental Improvement Program.''.

SEC. 10. ADMINISTRATION OF ACQUIRED LAND.

    (a) In General.--Section 3(b) of Public Law 96-586 (94 Stat. 3384) 
(commonly known as the ``Santini-Burton Act'') is amended--
            (1) by striking ``(b) Lands'' and inserting the following:
    ``(b) Administration of Acquired Land.--
            ``(1) In general.--Land''; and
            (2) by adding at the end the following:
            ``(2) Conveyance.--
                    ``(A) In general.--If the State of California 
                (acting through the California Tahoe Conservancy and 
                the California Department of Parks and Recreation) 
                offers to donate to the United States acceptable title 
                to the non-Federal land described in subparagraph 
                (B)(i), the Secretary--
                            ``(i) may accept the offer; and
                            ``(ii) not later than 180 days after the 
                        date on which the Secretary receives acceptable 
                        title to the non-Federal land described in 
                        subparagraph (B)(i), convey to the State of 
                        California, subject to valid existing rights 
                        and for no consideration, all right, title, and 
                        interest of the United States in and to the 
                        Federal land that is acceptable to the State of 
                        California.
                    ``(B) Description of land.--
                            ``(i) Non-federal land.--The non-Federal 
                        land referred to in subparagraph (A) includes--
                                    ``(I) the approximately 1,981 acres 
                                of land administered by the Conservancy 
                                and identified on the Maps as 
                                `Conservancy to the United States 
                                Forest Service'; and
                                    ``(II) the approximately 187 acres 
                                of land administered by California 
                                State Parks and identified on the Maps 
                                as `State Parks to the U.S. Forest 
                                Service'.
                            ``(ii) Federal land.--The Federal land 
                        referred to in subparagraph (A) includes the 
                        approximately 1,995 acres of Forest Service 
                        land identified on the Maps as `U.S. Forest 
                        Service to Conservancy and State Parks'.
                    ``(C) Conditions.--Any land conveyed under this 
                paragraph shall--
                            ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies;
                            ``(ii) not result in any significant 
                        changes in the uses of the land; and
                            ``(iii) be subject to the condition that 
                        the applicable deed include such terms, 
                        restrictions, covenants, conditions, and 
                        reservations as the Secretary determines 
                        necessary to--
                                    ``(I) ensure compliance with this 
                                Act; and
                                    ``(II) ensure that the development 
                                rights associated with the conveyed 
                                parcels shall not be recognized or 
                                available for transfer under section 
                                90.2 of the Code of Ordinances for the 
                                Tahoe Regional Planning Agency.''.
                                                       Calendar No. 422

113th CONGRESS

  2d Session

                                S. 1451

                          [Report No. 113-191]

_______________________________________________________________________

                                 A BILL

    To provide for environmental restoration activities and forest 
   management activities in the Lake Tahoe Basin, to amend title 18, 
 United States Code, to prohibit the importation or shipment of quagga 
                    mussels, and for other purposes.

_______________________________________________________________________

                              June 5, 2014

                       Reported without amendment
```