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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3382 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 307
114th CONGRESS
  2d Session
                                H. R. 3382

                      [Report No. 114-404, Part I]

    To amend the Lake Tahoe Restoration Act to enhance recreational 
    opportunities, environmental restoration activities, and forest 
 management activities in the Lake Tahoe Basin, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2015

 Mr. McClintock (for himself and Mr. Amodei) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
   addition to the Committees on Agriculture and Transportation and 
   Infrastructure, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                            February 1, 2016

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            February 1, 2016

  The Committees on Agriculture and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               29, 2015]

_______________________________________________________________________

                                 A BILL

 
    To amend the Lake Tahoe Restoration Act to enhance recreational 
    opportunities, environmental restoration activities, and forest 
 management activities in the Lake Tahoe Basin, 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.

    (a) Short Title.--This Act may be cited as the ``Lake Tahoe 
Restoration Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Improved administration of the Lake Tahoe Basin Management 
                            Unit.
Sec. 5. Authorized programs.
Sec. 6. Program performance and accountability.
Sec. 7. Technical corrections and conforming amendments.
Sec. 8. Authorization of appropriations.
Sec. 9. Land conveyances to improve management efficiencies of State 
                            and Federal lands.
Sec. 10. Modification of land acquisition authority under Santini-
                            Burton Act and Southern Nevada Public Land 
                            Management Act of 1998.
Sec. 11. Availability of categorical exclusion for Lake Tahoe herbicide 
                            applications to control certain aquatic 
                            weeds.

SEC. 2. FINDINGS AND PURPOSES.

    Section 2 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2351) is amended to read as follows:

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Lake Tahoe--
                    ``(A) is one of the largest, deepest, and clearest 
                fresh-water lakes in the world;
                    ``(B) has a distinctive cobalt blue color, a 
                biologically diverse alpine setting, and remarkable 
                water clarity; and
                    ``(C) is recognized as a natural resource of 
                special significance, so that even world-traveler Mark 
                Twain called Lake Tahoe the `fairest picture the whole 
                earth affords'.
            ``(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 natural beauty and recreation opportunities of Lake Tahoe 
        and the surrounding area.
            ``(4) Forests in the Lake Tahoe Basin suffer from over a 
        century of fire damage, periodic drought, and mismanagement, 
        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.
            ``(5) The establishment of several aquatic and terrestrial 
        invasive species (including perennial pepperweed, milfoil, and 
        Asian clam) threatens the ecosystem of the Lake Tahoe Basin, 
        and the likelihood exists for the introduction and 
        establishment of other invasive species (such as yellow 
        starthistle, New Zealand mud snail, Zebra mussel, and quagga 
        mussel).
            ``(6) 75 percent of the land in the Lake Tahoe Basin is 
        administered by the Federal Government, which makes it a 
        Federal responsibility to significantly contribute to the 
        restoration of the ecological health of the Lake Tahoe Basin.
    ``(b) Purposes.--The purposes of this Act are as follows:
            ``(1) To identify ways and pursue options to expand the 
        environmental threshold carrying capacity of the Lake Tahoe 
        Basin.
            ``(2) To enable the Chief of the Forest Service, the 
        Director of the United States Fish and Wildlife Service, and 
        the Administrator, in cooperation with the Planning Agency and 
        the States of California and Nevada, to fund, plan, and 
        implement significant forest management and invasive species 
        control activities in the Lake Tahoe Basin.
            ``(3) To ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together to 
        manage lands and forests in the Lake Tahoe Basin.
            ``(4) To support local governments in the Lake Tahoe Basin 
        in efforts related fire risk reduction and forest management 
        activities.
            ``(5) To prioritize public recreational access to public 
        lands in the Lake Tahoe Basin.
            ``(6) To ensure that management of Federal land and forests 
        in the Lake Tahoe Basin is conducted with the understanding 
        that--
                    ``(A) public forests are renewable assets that 
                should be managed, rather than neglected, and that 
                excess timber should be harvested to generate 
                continuing revenue for care of the public's land, in 
                accordance with a good neighbor policy; and
                    ``(B) the Federal Government will defer to local 
                communities whenever possible with regard to land 
                acquisition and land regulations or restrictions.''.

SEC. 3. DEFINITIONS.

    Section 3 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2353) is amended to read as follows:

``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 threshold carrying capacity.--The term 
        `environmental threshold carrying capacity' has the meaning 
        given the term in article II of the Compact.
            ``(7) 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).
            ``(8) Forest management activity.--The term `forest 
        management activity' includes--
                    ``(A) prescribed burning for ecosystem health and 
                hazardous fuels reduction;
                    ``(B) mechanical treatments, including forest 
                thinning, sale of commercial timber and firewood, and 
                brush mastication;
                    ``(C) management of non-native, invasive species;
                    ``(D) erosion control and water runoff mitigation 
                on land adversely impacted by wildland fire; and
                    ``(E) other activities consistent with Forest 
                Service practices, as the Secretary determines to be 
                appropriate.
            ``(9) Maps.--The term `Maps' means the maps dated April 12, 
        2013, and entitled `LTRA USFS-CA Land Exchange/North Shore', 
        `USFS-CA Land Exchange/West Shore', and `USFS-CA Land Exchange/
        South Shore', which shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service, 
        the California Tahoe Conservancy, and the California Department 
        of Parks and Recreation.
            ``(10) 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).
            ``(11) Planning agency.--The term `Planning Agency' means 
        the Tahoe Regional Planning Agency established under Public Law 
        91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 3233).
            ``(12) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            ``(13) Watercraft.--The term `watercraft' means motorized 
        and non-motorized watercraft that are capable of harboring an 
        invasive species.''.

SEC. 4. IMPROVED 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 by adding at the end the following new 
subsections:
    ``(c) Forest Management Activities.--
            ``(1) Coordination.--For the purpose of increasing 
        efficiencies and maximizing the compatibility of management 
        practices across public property boundaries, in conducting 
        forest management activities in the Lake Tahoe Basin Management 
        Unit, the Secretary shall coordinate, as appropriate, with--
                    ``(A) the Administrator;
                    ``(B) State and local agencies; and
                    ``(C) county governments, local governments, and 
                local fire departments.
            ``(2) Multiple benefits.--In conducting forest management 
        activities in the Lake Tahoe Basin Management Unit, the 
        Secretary shall conduct the activities in a manner that--
                    ``(A) except as provided in paragraph (3), promotes 
                multiple management benefits, including--
                            ``(i) reducing forest fuels;
                            ``(ii) enhancing and seeking ways to 
                        increase recreational opportunities;
                            ``(iii) preserving existing and traditional 
                        uses;
                            ``(iv) producing a sustainable yield of 
                        natural resource production; and
                            ``(v) allowing for economic development; 
                        and
                    ``(B) helps achieve, maintain, and identify ways to 
                expand the environmental threshold carrying capacities 
                established by the Planning Agency.
            ``(3) Cost-benefit determination.--Notwithstanding 
        paragraph (2)(A), the promotion of multiple management benefits 
        shall not be required if the Secretary determines that 
        management for multiple benefits would excessively increase the 
        cost of a program in relation to the additional benefits gained 
        from the management activity. The Secretary shall make each 
        cost-benefit determination made under this paragraph publicly 
        available.
            ``(4) Availability of categorical exclusion for certain 
        forest management projects.--A forest management activity 
        conducted in the Lake Tahoe Basin Management Unit for the 
        purpose of reducing forest fuels is categorically excluded from 
        the requirements of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4331 et seq.) if the forest management 
        activity--
                    ``(A) notwithstanding section 423 of the Department 
                of the Interior, Environment, and Related Agencies 
                Appropriations Act, 2009 (division E of Public Law 111-
                8; 123 Stat. 748), does not exceed 10,000 acres, 
                including no more than 3,000 acres of mechanical 
                thinning;
                    ``(B) is developed--
                            ``(i) in coordination with impacted 
                        parties, specifically including representatives 
                        of local governments, such as county 
                        supervisors or county commissioners; and
                            ``(ii) in consultation with other 
                        interested parties; and
                    ``(C) is consistent with the Lake Tahoe Basin 
                Management Unit land and resource management plan.
    ``(d) Arbitration Process.--
            ``(1) In general.--Any challenge to a forest management 
        activity in the Lake Tahoe Basin Management Unit shall be 
        addressed using arbitration consistent with this subsection.
            ``(2) Who may seek.--Any person who sought administrative 
        review for the forest management activity and who is not 
        satisfied with the decision made under the administrative 
        review process may file a demand for arbitration regarding the 
        covered active management project in accordance with chapter 1 
        of title 9, United States Code. The demand for arbitration 
        under paragraph (1) shall--
                    ``(A) be filed not more than 15 days after the date 
                on which the administrative review decision was issued; 
                and
                    ``(B) include a proposal describing the 
                modifications sought to the forest management activity.
            ``(3) Intervening parties.--Not later than 15 days after 
        the date on which the demand for arbitration was filed, any 
        person that submitted a public comment on the forest management 
        activity subject to arbitration may intervene in the 
        arbitration--
                    ``(A) by endorsing the activity or the modification 
                proposal; or
                    ``(B) by submitting a proposal to further modify 
                the activity.
            ``(4) Appointment of arbitrator.--The United States 
        District Court in the district in which the forest management 
        activity is located shall appoint the arbitrator to conduct the 
        arbitration proceedings in accordance with this subsection and 
        chapter 1 of title 9, United States Code.
            ``(5) Selection of proposals.--
                    ``(A) In general.--Within 30 days after appointment 
                under paragraph (1), the arbitrator shall determine 
                whether the proposal submitted by an objector or an 
                intervening party or the forest management activity as 
                approved by the Secretary best meets the purpose and 
                needs described in the environmental analysis 
                conducted, in accordance with this Act, for the forest 
                management activity.
                    ``(B) Modification prohibited.--The arbitrator 
                appointed under paragraph (4) may not modify any of the 
                proposals submitted with the demand for arbitration or 
                a request to intervene.
            ``(6) Effect of decision.--The decision of an arbitrator 
        with respect to the forest management activity--
                    ``(A) shall not be considered a major Federal 
                action; and
                    ``(B) shall be binding.
            ``(7) Prohibition on restraining orders, preliminary 
        injunctions, and injunctions pending appeal.--No restraining 
        order, preliminary injunction, or injunction pending appeal 
        shall be issued by an appellate court of the United States with 
        respect to the decision of an arbitrator with respect to the 
        forest management activity.
    ``(e) Environmental Threshold Carrying Capacity.--The Lake Tahoe 
Basin Management Unit shall support the attainment of the environmental 
threshold carrying capacities and identify and pursue the means to 
expand those capacities.
    ``(f) Cooperative Authorities.--
            ``(1) In general.--During fiscal years 2016 through 2020, 
        the Secretary, in conjunction with land adjustment 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, and similar management activities on Federal 
        land and non-Federal land within the programs.
            ``(2) Extended duration of stewardship contracts.--
        Notwithstanding subsection (d)(3) of section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c), an agreement 
        or contract under such section for stewardship contracting 
        projects to be carried out within the Lake Tahoe Basin 
        Management Unit may be for a term in excess of 10 years, but 
        not to exceed 20 years.
    ``(g) Commercial Product Receipts.--
            ``(1) Retention.--The Secretary shall retain any commercial 
        product receipts generated as part of forest management 
        activities or cooperative activities conducted in the Lake 
        Tahoe Basin Management Unit under subsection (c) or (g), other 
        than stewardship contracts described in subsection (g)(2).
            ``(2) Availability and use.--Receipts retained under 
        paragraph (1) shall be available to the Secretary for the 
        purpose of funding additional forest management activities and 
        cooperative activities, developed through a collaborative 
        process with representatives from local governments with 
        jurisdiction over lands within the Lake Tahoe Basin Management 
        Unit.
            ``(3) Obligation limit.--The obligation and expenditure of 
        receipts retained under this subsection shall be subject to 
        such fiscal-year limitation as may be specified in an Act 
        making appropriations for the Forest Service for a fiscal 
        year.''.

SEC. 5. AUTHORIZED PROGRAMS.

    Section 5 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2353) is amended to read as follows:

``SEC. 5. AUTHORIZED PROGRAMS.

    ``(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 program described in subsection (b) 
or (c).
    ``(b) Fire Risk Reduction and Forest Management.--
            ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $4,400,000 
        shall be made available to the Secretary to carry out, 
        including by making grants, the following programs:
                    ``(A) The Lake Tahoe Basin Multi-Jurisdictional 
                Fuel Reduction and Wildfire Prevention Strategy 10-Year 
                Plan.
                    ``(B) 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 plan referred to in 
                subparagraph (A).
                    ``(C) Restoration activities related to any 
                residual or future wildfire damage.
                    ``(D) Washoe Tribe fire risk reduction and forest 
                management programs on tribal lands within the Lake 
                Tahoe Basin.
                    ``(E) Development of an updated Lake Tahoe Basin 
                multijurisdictional fuel reduction and wildfire 
                prevention strategy, consistent with the requirement 
                that forest management activities in the Lake Tahoe 
                Basin promote multiple management benefits as described 
                in section 4(c) of this Act (as added by section 4 of 
                the Lake Tahoe Restoration Act of 2015).
                    ``(F) Development of updated community wildfire 
                protection plans by local fire districts.
            ``(2) Priority.--Units of local government in the Lake 
        Tahoe Basin that have dedicated funding for inspections and 
        enforcement of defensible space regulations shall be given 
        priority for amounts provided under this subsection.
            ``(3) Cost-sharing requirements.--
                    ``(A) In general.--As a condition on the receipt of 
                funds, communities or local fire districts that receive 
                funds under this subsection shall provide a 25-percent 
                match.
                    ``(B) Form of non-federal share.--
                            ``(i) In general.--The non-Federal share 
                        required under subparagraph (A) 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 subparagraph 
                        (A) any dedicated funding of the communities or 
                        local fire districts for a fuels reduction 
                        management program, defensible space 
                        inspections, or dooryard chipping.
                    ``(C) Documentation.--Communities and local fire 
                districts shall--
                            ``(i) maintain a record of in-kind 
                        contributions that describes--
                                    ``(I) the monetary value of the in-
                                kind contributions; and
                                    ``(II) the manner in which the in-
                                kind contributions assist in 
                                accomplishing project goals and 
                                objectives; and
                            ``(ii) 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.
    ``(c) Invasive Species Management.--
            ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $800,000 
        shall be transferred to the Director of the United States Fish 
        and Wildlife Service for the Aquatic Invasive Species Program 
        and for the watercraft inspections and decontaminations 
        described in paragraph (2).
            ``(2) Description of activities.--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 and spread 
        of aquatic invasive species into the Lake Tahoe Basin.
            ``(3) Required elements of strategies.--The strategies 
        referred to in paragraph (2) shall provide for the following:
                    ``(A) Combined inspection and decontamination 
                stations shall be established in the Lake Tahoe Basin. 
                As provided in paragraph (4), these stations may be 
                operated by the States of California and Nevada, local 
                governments, or private entities.
                    ``(B) Watercraft shall not be allowed to launch in 
                waters of the Lake Tahoe Basin unless the watercraft 
                has been inspected in accordance with the Lake Tahoe 
                Aquatic Invasive Species Management Plan.
            ``(4) Certification.--The Planning Agency shall certify the 
        State of California, the State of Nevada, local agencies, or 
        private entities to perform inspection and decontamination 
        activities described in paragraph (3)(A) at locations inside or 
        outside the Lake Tahoe Basin if such activities are conducted 
        in a manner consistent with the standards established by this 
        subsection.
            ``(5) Applicability.--The strategies developed under this 
        subsection shall apply to all watercraft to be launched on 
        water within the Lake Tahoe Basin.
            ``(6) Fees.--An entity performing inspection and 
        decontamination activities described in paragraph (3)(A) may 
        collect fees for such activities, but not higher than the level 
        sufficient to cover the costs of operation of inspection and 
        decontamination stations under this subsection.
            ``(7) Violations.--
                    ``(A) In general.--Any person that launches or 
                attempts to launch a watercraft not in compliance with 
                strategies deployed under this subsection shall be 
                guilty of an infraction and shall be subject to a fine 
                in the amount provided in title 18, United States Code.
                    ``(B) Other authorities.--Any fine imposed under 
                this paragraph shall be separate from penalties 
                assessed under any other authority.
            ``(8) Limitation.--The strategies deployed under paragraph 
        (2), including the specific elements required by paragraph (3), 
        may be modified if the Secretary of the Interior, in a 
        nondelegable capacity and in consultation with the Planning 
        Agency, the States of California and Nevada, and State and 
        local governments, issues a determination that alternative 
        measures will be no less effective at preventing introduction 
        of aquatic invasive species into Lake Tahoe.
            ``(9) Supplemental authority.--The authority under this 
        subsection is supplemental to all actions taken by non-Federal 
        regulatory authorities.
            ``(10) Savings clause.--Nothing in this title restricts, 
        affects, or amends 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. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

    Section 6 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2354) is amended to read as follows:

``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

    ``(a) Program Performance and Accountability.--
            ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $150,000 
        shall be made available to the Secretary to carry out this 
        section.
            ``(2) Planning agency.--Of the amounts made available to 
        the Secretary under paragraph (1), not less than 50 percent 
        shall be made available to the Planning Agency to carry out the 
        program oversight, coordination, and outreach activities under 
        subsections (d) and (e).
    ``(b) 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, county, and local governmental agencies, and the Lake 
Tahoe Federal Advisory Committee.
    ``(c) Corps of Engineers; Interagency Agreements.--
            ``(1) 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 forest management or invasive species control 
        activities.
            ``(2) Local cooperation agreements.--
                    ``(A) 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.
                    ``(B) Components.--The agreement entered into under 
                subparagraph (A) shall--
                            ``(i) describe the nature of the technical 
                        assistance;
                            ``(ii) describe any legal and institutional 
                        structures necessary to ensure the effective 
                        long-term viability of the end products by the 
                        non-Federal interest; and
                            ``(iii) include cost-sharing provisions in 
                        accordance with subparagraph (C).
                    ``(C) Federal share.--
                            ``(i) In general.--The Federal share of 
                        program costs under each local cooperation 
                        agreement under this paragraph shall be 75 
                        percent.
                            ``(ii) Form.--The Federal share may be in 
                        the form of reimbursements of program costs.
                            ``(iii) 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 paragraph.
    ``(d) Public Outreach and Education.--
            ``(1) In general.--The Secretary, the Administrator, and 
        the Directors will coordinate with the Planning Agency to 
        conduct public education and outreach programs, including 
        encouraging--
                    ``(A) owners of land and residences in the Lake 
                Tahoe Basin to implement defensible space; and
                    ``(B) 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.
            ``(2) 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 subsection.
            ``(3) Required coordination.--Public outreach and education 
        programs for aquatic invasive species under this subsection 
        shall--
                    ``(A) be coordinated with county governments in the 
                Lake Tahoe Basin and Lake Tahoe Basin tourism and 
                business organizations; and
                    ``(B) include provisions for the programs to extend 
                outside of the Lake Tahoe Basin.
    ``(e) Effectiveness Evaluating and Monitoring.--In carrying out 
this Act, the Secretary, the Administrator, and the Directors, in 
coordination with the Planning Agency and States of California and 
Nevada, shall--
            ``(1) develop and implement a plan for integrated 
        monitoring, assessment, and applied research to evaluate the 
        effectiveness programs funded under this Act; and
            ``(2) include in each program funded under this section 
        funds for monitoring and assessment of results at the program 
        level.''.

SEC. 7. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS.

    (a) Technical Correction.--Section 4(b)(3) of the Lake Tahoe 
Restoration Act (Public Law 106-506; 114 Stat. 2353) is amended by 
striking ``basin'' and inserting ``Basin''.
    (b) Relationship to Other Laws.--Section 11 of the Lake Tahoe 
Restoration Act (Public Law 106-506; 114 Stat. 2358) is amended by 
inserting ``, Director, or Administrator'' after ``Secretary''.
    (c) Tahoe Regional Planning Compact Update.--Paragraph (c) of 
Article V of the Tahoe Regional Planning Compact included in the first 
section of Public Law 96-551 (94 Stat. 3233) is amended by inserting 
after ``maintain the regional plan'' the following: ``and, in so doing, 
shall ensure that the regional plan reflects changing economic 
conditions and the economic effect of regulation on commerce''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    Section 12 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2358) is amended to read as follows:

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $6,000,000 for each of fiscal years 
2016 through 2025.
    ``(b) Source of Funds.--Amounts made available to carry out this 
Act shall be derived from--
            ``(1) amounts appropriated pursuant to the authorization of 
        appropriations in subsection (a) and the amendment made by 
        section 7 of this Act; and
            ``(2) special use fees collected within the Lake Tahoe 
        Basin Management Unit and made available under subsection (c).
    ``(c) Additional Funding From Special Use Fees.--
            ``(1) Retention of certain fees.--
                    ``(A) Deposit.--Fees collected for recreation and 
                non-recreation special uses within the Lake Tahoe Basin 
                Management Unit shall be deposited in a special fund in 
                the Treasury, which shall be available to the Secretary 
                as provided in subparagraph (B).
                    ``(B) Availability and use.--Fees deposited under 
                subparagraph (A) shall be available to the Secretary, 
                in such amounts as may be provided in an Act making 
                appropriations for the Forest Service for a fiscal 
                year, for the purpose of providing additional funds to 
                carry out this Act in excess of amounts appropriated 
                pursuant to the authorization of appropriations in 
                subsection (a).
                    ``(C) Obligation limit.--The obligation and 
                expenditure of fees deposited under subparagraph (A) 
                shall be subject to appropriation and such fiscal-year 
                limitation as may be specified in an Act making 
                appropriations for the Forest Service for a fiscal 
                year.
            ``(2) Use of retained fees.--
                    ``(A) Fees collected for recreation special uses.--
                In the case of fees collected for recreation special 
                uses within the Lake Tahoe Basin Management Unit that 
                are deposited under paragraph (1) and appropriated for 
                a fiscal year, the Secretary shall use the funds to 
                establish, maintain, and expand recreation 
                improvements, specifically existing and traditional 
                uses, within the Lake Tahoe Basin Management Unit, 
                including trails, facilities, activities, 
                interpretation, and on-the-ground presence of Forest 
                Service personnel.
                    ``(B) Fees collected for non-recreation special 
                uses.--In the case of fees collected for non-recreation 
                special uses within the Lake Tahoe Basin Management 
                Unit that are deposited under paragraph (1) and 
                appropriated for a fiscal year, the Secretary shall use 
                the funds to support other activities authorized by 
                this Act.
            ``(3) Collaborative process.--The Secretary shall make 
        decisions under paragraph (2) regarding the use of fees 
        appropriated for a fiscal year through a collaborative process 
        with representatives from local governments, such as county 
        supervisors and county commissioners, with jurisdiction over 
        lands within the Lake Tahoe Basin Management Unit.
    ``(d) Effect on Other Funds.--Amounts made available to carry out 
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.
    ``(e) Cost-Sharing Requirement.--Except as provided in subsection 
(b)(3) of section 5 of this Act, as amended by section 5 of the Lake 
Tahoe Restoration Act of 2015, funds for activities under section 5 of 
this Act shall be available for obligation on a dollar-for-dollar basis 
with funding of restoration activities in the Lake Tahoe Basin by the 
States of California and Nevada.''.

SEC. 9. LAND CONVEYANCES TO IMPROVE MANAGEMENT EFFICIENCIES OF STATE 
              AND FEDERAL LANDS.

    (a) California Conveyance.--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 new paragraph:
            ``(2) Conveyance to california.--
                    ``(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 of Agriculture--
                            ``(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 California 
                                Tahoe 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) Use of land.--The land conveyance authorized 
                under this paragraph shall--
                            ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies; and
                            ``(ii) not result in any substantial 
                        reduction in public access or reduction in 
                        availability of existing and traditional public 
                        recreation uses.
                    ``(D) Continuation of special use permits.--The 
                land conveyance authorized under this paragraph shall 
                be subject to the condition that the State of 
                California accept all special use permits applicable, 
                as of the date of the enactment of this subparagraph, 
                to the National Forest System land described in 
                subparagraph (B)(ii) for the duration of such permits, 
                and subject to the terms and conditions of such 
                permits.''.
    (b) Nevada Conveyance.--Section 3(b) of Public Law 96-586 (94 Stat. 
3384; commonly known as the Santini-Burton Act) is further amended by 
inserting after paragraph (2), as added by subsection (a)(2), the 
following new paragraph:
            ``(3) Conveyance to nevada.--
                    ``(A) In general.--At the request of the State of 
                Nevada, the Secretary of Agriculture may convey, 
                without consideration, the land or interests in land 
                described in subparagraph (B) to the State, subject to 
                appropriate deed restrictions to protect public access 
                and existing or traditional public recreational uses of 
                the conveyed land.
                    ``(B) Description of land.--The land referred to in 
                subparagraph (A) includes the approximately 39 acres of 
                National Forest System land identified on the map 
                entitled `State of Nevada Conveyances' as `Van Sickle 
                Unit USFS Inholding'.
                    ``(C) Use of land.--The land conveyance authorized 
                under this paragraph shall--
                            ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies; and
                            ``(ii) not result in any substantial 
                        reduction in public access or reduction in 
                        availability of existing and traditional public 
                        recreation uses.
                    ``(D) Continuation of special use permits.--The 
                land conveyance authorized under this paragraph shall 
                be subject to the condition that the State of Nevada 
                accept all special use permits applicable, as of the 
                date of the enactment of this subparagraph, to the 
                National Forest System land described in subparagraph 
                (B) for the duration of such permits, and subject to 
                the terms and conditions of such permits.''.
    (c) Authorization for Conveyance of Forest Service Urban Lots.--
            (1) Conveyance authority.--The Secretary of Agriculture is 
        authorized to convey all urban lots within the Lake Tahoe Basin 
        under the administrative jurisdiction of the Forest Service.
            (2) Consideration.--A conveyance under the authority of 
        paragraph (1) shall require consideration in an amount equal to 
        the fair-market value of the conveyed lot.
            (3) Availability and use.--The proceeds from conveyances 
        under paragraph (1) shall be retained by the Secretary of 
        Agriculture and used for the purpose of--
                    (A) purchasing inholdings throughout the Lake Tahoe 
                Basin; or
                    (B) providing additional funds to carry out the 
                Lake Tahoe Restoration Act (Public Law 106-506) in 
                excess of amounts appropriated pursuant to the 
                authorization of appropriations in section 12 of such 
                Act, as amended by section 8 of this Act.
            (4) Obligation limit.--The obligation and expenditure of 
        proceeds retained under this subsection shall be subject to 
        such fiscal-year limitation as may be specified in an Act 
        making appropriations for the Forest Service for a fiscal year.
            (5) Inholding defined.--In paragraph (3)(A), the term 
        ``inholding'' means a parcel of land that is surrounded on all 
        sides by Federal land.

SEC. 10. MODIFICATION OF LAND ACQUISITION AUTHORITY UNDER SANTINI-
              BURTON ACT AND SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT 
              OF 1998.

    (a) Additional Land Acquisition Criteria.--Section 3(a)(1) of 
Public Law 96-586 (94 Stat. 3383; commonly known as the Santini-Burton 
Act) is amended by adding before the period at the end of the first 
sentence the following: ``and, with respect to any land acquisition 
under this section within the Lake Tahoe Basin Management Unit that is 
proposed after the date of the enactment of the Lake Tahoe Restoration 
Act of 2015, which will provide critical access for recreational use 
and resolve significant inholding issues in that a parcel of land to be 
acquired is wholly surrounded by Federal land''.
    (b) Consent of Local Government Required.--Section 3(a) of Public 
Law 96-586 (94 Stat. 3383; commonly known as the Santini-Burton Act) is 
amended by adding at the end the following new paragraph:
            ``(6) Consent of local government required.--With respect 
        to any land acquisition under this section within the Lake 
        Tahoe Basin Management Unit that is proposed after the date of 
        the enactment of the Lake Tahoe Restoration Act of 2015, the 
        Secretary of Agriculture shall obtain the consent of the 
        government of the county within the boundaries of which the 
        land is located before executing the land acquisition.''.
    (c) Administrative Expenses.--Section 3 of Public Law 96-586 (94 
Stat. 3383; commonly known as the Santini-Burton Act) is amended by 
adding at the end the following new subsection:
    ``(h) Administrative Expenses Related to Land Adjustments.--Amounts 
appropriated pursuant to the authorization of appropriations in 
subsection (g) shall be available to the Secretary of Agriculture to 
cover staffing costs and related expenses incurred to accomplish land 
adjustments in the Lake Tahoe Basin Management Unit to create more 
efficient land management patterns.''.
    (d) Conforming Amendments to Southern Nevada Public Land Management 
Act of 1998.--Section 5(a) of the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105-263; 112 Stat. 2347) is amended 
by adding at the end the following new paragraph:
            ``(4) Additional requirements related to acquisitions in 
        lake tahoe basin management unit.--With respect to any land 
        acquisition under this subsection within the Lake Tahoe Basin 
        Management Unit that is proposed after the date of the 
        enactment of the Lake Tahoe Restoration Act of 2015, the 
        Secretary of Agriculture shall, before executing the land 
        acquisition--
                    ``(A) obtain the consent of each county within 
                whose boundaries the parcel of land is located; and
                    ``(B) certify that, in addition to being 
                environmentally sensitive land, the parcel of land will 
                provide critical access for recreational use and 
                resolve significant inholding issues in that the parcel 
                is wholly surrounded by National Forest System land.''.

SEC. 11. AVAILABILITY OF CATEGORICAL EXCLUSION FOR LAKE TAHOE HERBICIDE 
              APPLICATIONS TO CONTROL CERTAIN AQUATIC WEEDS.

    (a) Finding.--Congress finds that ongoing efforts to eradicate 
Eurasian watermilfoil and curlyleaf pondweed in Lake Tahoe, using 
mechanical methods has had only limited success, threatening the rest 
of Lake Tahoe with the spread of these non-native aquatic invasive 
plants.
    (b) Availability of Categorical Exclusion.--Any project to be 
conducted by the Tahoe Regional Planning Agency that will use a 
registered herbicide to eradicate Eurasian watermilfoil and curlyleaf 
pondweed from the south end of Lake Tahoe, known as the Lake Tahoe 
Keys, is categorically excluded from the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
    (c) Registered Herbicide Defined.--In this section, the term 
``registered herbicide'' means a herbicide that is approved by the 
United States Environmental Protection Agency and the California 
Environmental Protection Agency for aquatic use.
                                                 Union Calendar No. 307

114th CONGRESS

  2d Session

                               H. R. 3382

                      [Report No. 114-404, Part I]

_______________________________________________________________________

                                 A BILL

    To amend the Lake Tahoe Restoration Act to enhance recreational 
    opportunities, environmental restoration activities, and forest 
 management activities in the Lake Tahoe Basin, and for other purposes.

_______________________________________________________________________

                            February 1, 2016

   Reported from the Committee on Natural Resources with an amendment

                            February 1, 2016

  The Committees on Agriculture and Transportation and Infrastructure 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
```