I 

114TH CONGRESS 

1ST SESSION H. R. 3382 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Lake Tahoe Restoration Act of 2015’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. FINDINGS AND PURPOSES. 

4 Section 2 of the Lake Tahoe Restoration Act (Public 

5 Law 106–506; 114 Stat. 2351) is amended to read as fol6 lows: 

7 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

8 ‘‘(a) FINDINGS.—Congress makes the following find9 ings: 

10 ‘‘(1) Lake Tahoe— 

11 ‘‘(A) is one of the largest, deepest, and 

12 clearest fresh-water lakes in the world; 

13 ‘‘(B) has a distinctive cobalt blue color, a 

14 biologically diverse alpine setting, and remark15 able water clarity; and 

16 ‘‘(C) is recognized as a natural resource of 

17 special significance, so that even world-traveler 

18 Mark Twain called Lake Tahoe the ‘fairest pic19 ture the whole earth affords’. 


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1 ‘‘(2) In addition to being a scenic and ecological 

2 treasure, the Lake Tahoe Basin is one of the out3 standing recreational resources of the United States, 

4 which— 

5 ‘‘(A) offers skiing, water sports, biking, 

6 camping, and hiking to millions of visitors each 

7 year; and 

8 ‘‘(B) contributes significantly to the econo9 mies of California, Nevada, and the United 

10 States. 

11 ‘‘(3) The economy in the Lake Tahoe Basin is 

12 dependent on the natural beauty and recreation op13 portunities of Lake Tahoe and the surrounding area. 

14 ‘‘(4) Forests in the Lake Tahoe Basin suffer 

15 from over a century of fire damage, periodic 

16 drought, and mismanagement, which have resulted 

17 in— 

18 ‘‘(A) high tree density and mortality; 

19 ‘‘(B) the loss of biological diversity; and 

20 ‘‘(C) a large quantity of combustible forest 

21 fuels, which significantly increases the threat of 

22 catastrophic fire and insect infestation. 

23 ‘‘(5) The establishment of several aquatic and 

24 terrestrial invasive species (including perennial 

25 pepperweed, milfoil, and Asian clam) threatens the 


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1 ecosystem of the Lake Tahoe Basin, and the likeli2 hood exists for the introduction and establishment of 

3 other invasive species (such as yellow starthistle, 

4 New Zealand mud snail, Zebra mussel, and quagga 

5 mussel). 

6 ‘‘(6) 75 percent of the land in the Lake Tahoe 

7 Basin is administered by the Federal Government, 

8 which makes it a Federal responsibility to signifi9 cantly contribute to the restoration of the ecological 

10 health of the Lake Tahoe Basin. 

11 ‘‘(b) PURPOSES.—The purposes of this Act are as fol12 lows: 

13 ‘‘(1) To identify ways and pursue options to ex14 pand the environmental threshold carrying capacity 

15 of the Lake Tahoe Basin. 

16 ‘‘(2) To enable the Chief of the Forest Service, 

17 the Director of the United States Fish and Wildlife 

18 Service, and the Administrator, in cooperation with 

19 the Planning Agency and the States of California 

20 and Nevada, to fund, plan, and implement signifi21 cant forest management and invasive species control 

22 activities in the Lake Tahoe Basin. 

23 ‘‘(3) To ensure that Federal, State, local, re24 gional, tribal, and private entities continue to work 


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1 together to manage lands and forests in the Lake 

2 Tahoe Basin. 

3 ‘‘(4) To support local governments in the Lake 

4 Tahoe Basin in efforts related fire risk reduction 

5 and forest management activities. 

6 ‘‘(5) To prioritize public recreational access to 

7 public lands in the Lake Tahoe Basin. 

8 ‘‘(6) To ensure that management of Federal 

9 land and forests in the Lake Tahoe Basin is con10 ducted with the understanding that— 

11 ‘‘(A) public forests are renewable assets 

12 that should be managed, rather than neglected, 

13 and that excess timber should be harvested to 

14 generate continuing revenue for care of the 

15 public’s land, in accordance with a good neigh16 bor policy; and 

17 ‘‘(B) the Federal Government will defer to 

18 local communities whenever possible with re19 gard to land acquisition and land regulations or 

20 restrictions.’’. 

21 SEC. 3. DEFINITIONS. 

22 Section 3 of the Lake Tahoe Restoration Act (Public 

23 Law 106–506; 114 Stat. 2353) is amended to read as fol24 lows: 


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1 ‘‘SEC. 3. DEFINITIONS. 

2 ‘‘In this Act: 

3 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis4 trator’ means the Administrator of the Environ5 mental Protection Agency. 

6 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As7 sistant Secretary’ means the Assistant Secretary of 

8 the Army for Civil Works. 

9 ‘‘(3) CHAIR.—The term ‘Chair’ means the 

10 Chair of the Federal Partnership. 

11 ‘‘(4) COMPACT.—The term ‘Compact’ means 

12 the Tahoe Regional Planning Compact included in 

13 the first section of Public Law 96–551 (94 Stat. 

14 3233). 

15 ‘‘(5) DIRECTORS.—The term ‘Directors’ 

16 means— 

17 ‘‘(A) the Director of the United States 

18 Fish and Wildlife Service; and 

19 ‘‘(B) the Director of the United States Ge20 ological Survey. 

21 ‘‘(6) ENVIRONMENTAL THRESHOLD CARRYING

22 CAPACITY.—The term ‘environmental threshold car23 rying capacity’ has the meaning given the term in 

24 article II of the Compact. 

25 ‘‘(7) FEDERAL PARTNERSHIP.—The term ‘Fed26 eral Partnership’ means the Lake Tahoe Federal 


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1 Interagency Partnership established by Executive 

2 Order 13957 (62 Fed. Reg. 41249) (or a successor 

3 Executive order). 

4 ‘‘(8) FOREST MANAGEMENT ACTIVITY.—The 

5 term ‘forest management activity’ includes— 

6 ‘‘(A) prescribed burning for ecosystem 

7 health and hazardous fuels reduction; 

8 ‘‘(B) mechanical treatments, including for9 est thinning, sale of commercial timber and 

10 firewood, and brush mastication; 

11 ‘‘(C) management of non-native, invasive 

12 species; 

13 ‘‘(D) erosion control and water runoff miti14 gation on land adversely impacted by wildland 

15 fire; and 

16 ‘‘(E) other activities consistent with Forest 

17 Service practices, as the Secretary determines 

18 to be appropriate. 

19 ‘‘(9) MAPS.—The term ‘Maps’ means the maps 

20 dated April 12, 2013, and entitled ‘LTRA USFS-CA 

21 Land Exchange/North Shore’, ‘USFS-CA Land Ex22 change/West Shore’, and ‘USFS-CA Land Ex23 change/South Shore’, which shall be on file and 

24 available for public inspection in the appropriate of25 fices of the Forest Service, the California Tahoe 


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1 Conservancy, and the California Department of 

2 Parks and Recreation. 

3 ‘‘(10) NATIONAL WILDLAND FIRE CODE.—The 

4 term ‘national wildland fire code’ means— 

5 ‘‘(A) the most recent publication of the 

6 National Fire Protection Association codes 

7 numbered 1141, 1142, 1143, and 1144; 

8 ‘‘(B) the most recent publication of the 

9 International Wildland-Urban Interface Code of 

10 the International Code Council; or 

11 ‘‘(C) any other code that the Secretary de12 termines provides the same, or better, stand13 ards for protection against wildland fire as a 

14 code described in subparagraph (A) or (B). 

15 ‘‘(11) PLANNING AGENCY.—The term ‘Planning 

16 Agency’ means the Tahoe Regional Planning Agency 

17 established under Public Law 91–148 (83 Stat. 360) 

18 and Public Law 96–551 (94 Stat. 3233). 

19 ‘‘(12) SECRETARY.—The term ‘Secretary’ 

20 means the Secretary of Agriculture, acting through 

21 the Chief of the Forest Service. 

22 ‘‘(13) WATERCRAFT.—The term ‘watercraft’ 

23 means motorized and non-motorized watercraft that 

24 are capable of harboring an invasive species.’’. 


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1 SEC. 4. IMPROVED ADMINISTRATION OF THE LAKE TAHOE 

2 BASIN MANAGEMENT UNIT. 

3 Section 4 of the Lake Tahoe Restoration Act (Public 

4 Law 106–506; 114 Stat. 2353) is amended by adding at 

5 the end the following new subsections: 

6 ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 

7 ‘‘(1) COORDINATION.—For the purpose of in8 creasing efficiencies and maximizing the compat9 ibility of management practices across public prop10 erty boundaries, in conducting forest management 

11 activities in the Lake Tahoe Basin Management 

12 Unit, the Secretary shall coordinate, as appropriate, 

13 with— 

14 ‘‘(A) the Administrator; 

15 ‘‘(B) State and local agencies; and 

16 ‘‘(C) county governments, local govern17 ments, and local fire departments. 

18 ‘‘(2) MULTIPLE BENEFITS.—In conducting for19 est management activities in the Lake Tahoe Basin 

20 Management Unit, the Secretary shall conduct the 

21 activities in a manner that— 

22 ‘‘(A) except as provided in paragraph (3), 

23 promotes multiple management benefits, includ24 ing— 

25 ‘‘(i) reducing forest fuels; 


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1 ‘‘(ii) enhancing and seeking ways to 

2 increase recreational opportunities; 

3 ‘‘(iii) preserving existing and tradi4 tional uses; 

5 ‘‘(iv) producing a sustainable yield of 

6 natural resource production; and 

7 ‘‘(v) allowing for economic develop8 ment; and 

9 ‘‘(B) helps achieve, maintain, and identify 

10 ways to expand the environmental threshold 

11 carrying capacities established by the Planning 

12 Agency. 

13 ‘‘(3) COST-BENEFIT DETERMINATION.—Not14 withstanding paragraph (2)(A), the promotion of 

15 multiple management benefits shall not be required 

16 if the Secretary determines that management for 

17 multiple benefits would excessively increase the cost 

18 of a program in relation to the additional benefits 

19 gained from the management activity. The Secretary 

20 shall make each cost-benefit determination made 

21 under this paragraph publicly available. 

22 ‘‘(4) AVAILABILITY OF CATEGORICAL EXCLU23 SION.—A forest management activity conducted in 

24 the Lake Tahoe Basin Management Unit for the 

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1 cluded from the requirements of the National Envi2 ronmental Policy Act of 1969 (42 U.S.C. 4331 et 

3 seq.) if the activity— 

4 ‘‘(A) is developed— 

5 ‘‘(i) in coordination with impacted 

6 parties, specifically including representa7 tives of local governments, such as county 

8 supervisors or county commissioners; and 

9 ‘‘(ii) in consultation with other inter10 ested parties; and 

11 ‘‘(B) is consistent with the Lake Tahoe 

12 Basin Management Unit land and resource 

13 management plan. 

14 ‘‘(d) ARBITRATION PROCESS.— 

15 ‘‘(1) IN GENERAL.—Any challenge to a forest 

16 management activity in the Lake Tahoe Basin Man17 agement Unit shall be addressed using arbitration 

18 consistent with this subsection. 

19 ‘‘(2) WHO MAY SEEK.—Any person who sought 

20 administrative review for the forest management ac21 tivity and who is not satisfied with the decision 

22 made under the administrative review process may 

23 file a demand for arbitration regarding the covered 

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1 ter 1 of title 9, United States Code. The demand for 

2 arbitration under paragraph (1) shall— 

3 ‘‘(A) be filed not more than 15 days after 

4 the date on which the administrative review de5 cision was issued; and 

6 ‘‘(B) include a proposal describing the 

7 modifications sought to the forest management 

8 activity. 

9 ‘‘(3) INTERVENING PARTIES.—Not later than 

10 15 days after the date on which the demand for ar11 bitration was filed, any person that submitted a pub12 lic comment on the forest management activity sub13 ject to arbitration may intervene in the arbitration— 

14 ‘‘(A) by endorsing the activity or the modi15 fication proposal; or 

16 ‘‘(B) by submitting a proposal to further 

17 modify the activity. 

18 ‘‘(4) APPOINTMENT OF ARBITRATOR.—The 

19 United States District Court in the district in which 

20 the forest management activity is located shall ap21 point the arbitrator to conduct the arbitration pro22 ceedings in accordance with this subsection and 

23 chapter 1 of title 9, United States Code. 

24 ‘‘(5) SELECTION OF PROPOSALS.— 


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1 ‘‘(A) IN GENERAL.—Within 30 days after 

2 appointment under paragraph (1), the arbi3 trator shall determine whether the proposal 

4 submitted by an objector or an intervening 

5 party or the forest management activity as ap6 proved by the Secretary best meets the purpose 

7 and needs described in the environmental anal8 ysis conducted, in accordance with this Act, for 

9 the forest management activity. 

10 ‘‘(B) MODIFICATION PROHIBITED.—The 

11 arbitrator appointed under paragraph (4) may 

12 not modify any of the proposals submitted with 

13 the demand for arbitration or a request to in14 tervene. 

15 ‘‘(6) EFFECT OF DECISION.—The decision of an 

16 arbitrator with respect to the forest management ac17 tivity— 

18 ‘‘(A) shall not be considered a major Fed19 eral action; and 

20 ‘‘(B) shall be binding. 

21 ‘‘(7) PROHIBITION ON RESTRAINING ORDERS, 

22 PRELIMINARY INJUNCTIONS, AND INJUNCTIONS

23 PENDING APPEAL.—No restraining order, prelimi24 nary injunction, or injunction pending appeal shall 

25 be issued by an appellate court of the United States 


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1 with respect to the decision of an arbitrator with re2 spect to the forest management activity. 

3 ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CA4 PACITY.—The Lake Tahoe Basin Management Unit shall 

5 support the attainment of the environmental threshold 

6 carrying capacities and identify and pursue the means to 

7 expand those capacities. 

8 ‘‘(f) COOPERATIVE AUTHORITIES.— 

9 ‘‘(1) IN GENERAL.—During fiscal years 2016 

10 through 2020, the Secretary, in conjunction with 

11 land adjustment programs, may enter into contracts 

12 and cooperative agreements with States, units of 

13 local government, and other public and private enti14 ties to provide for fuel reduction, erosion control, re15 forestation, and similar management activities on 

16 Federal land and non-Federal land within the pro17 grams. 

18 ‘‘(2) EXTENDED DURATION OF STEWARDSHIP

19 CONTRACTS.—Notwithstanding subsection (d)(3) of 

20 section 604 of the Healthy Forests Restoration Act 

21 of 2003 (16 U.S.C. 6591c), an agreement or con22 tract under such section for stewardship contracting 

23 projects to be carried out within the Lake Tahoe 

24 Basin Management Unit may be for a term in excess 

25 of 10 years, but not to exceed 20 years. 


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1 ‘‘(g) COMMERCIAL PRODUCT RECEIPTS.— 

2 ‘‘(1) RETENTION.—The Secretary shall retain 

3 any commercial product receipts generated as part 

4 of forest management activities or cooperative activi5 ties conducted in the Lake Tahoe Basin Manage6 ment Unit under subsection (c) or (g), other than 

7 stewardship contracts described in subsection (g)(2). 

8 ‘‘(2) AVAILABILITY AND USE.—Receipts re9 tained under paragraph (1) shall be available to the 

10 Secretary for the purpose of funding additional for11 est management activities and cooperative activities, 

12 developed through a collaborative process with rep13 resentatives from local governments with jurisdiction 

14 over lands within the Lake Tahoe Basin Manage15 ment Unit. 

16 ‘‘(3) OBLIGATION LIMIT.—The obligation and 

17 expenditure of receipts retained under this sub18 section shall be subject to such fiscal-year limitation 

19 as may be specified in an Act making appropriations 

20 for the Forest Service for a fiscal year.’’. 

21 SEC. 5. AUTHORIZED PROGRAMS. 

22 Section 5 of the Lake Tahoe Restoration Act (Public 

23 Law 106–506; 114 Stat. 2353) is amended to read as fol24 lows: 


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1 ‘‘SEC. 5. AUTHORIZED PROGRAMS. 

2 ‘‘(a) IN GENERAL.—The Secretary, the Assistant 

3 Secretary, the Directors, and the Administrator, in coordi4 nation with the Planning Agency and the States of Cali5 fornia and Nevada, may carry out or provide financial as6 sistance to any program described in subsection (b) or (c). 

7 ‘‘(b) FIRE RISK REDUCTION AND FOREST MANAGE8 MENT.— 

9 ‘‘(1) IN GENERAL.—Of the amounts appro10 priated for a fiscal year pursuant to the authoriza11 tion of appropriations in subsection (a) of section 

12 12, as amended by section 8 of the Lake Tahoe Res13 toration Act of 2015, not less than $4,400,000 shall 

14 be made available to the Secretary to carry out, in15 cluding by making grants, the following programs: 

16 ‘‘(A) The Lake Tahoe Basin Multi-Juris17 dictional Fuel Reduction and Wildfire Preven18 tion Strategy 10-Year Plan. 

19 ‘‘(B) Competitive grants for fuels work to 

20 be awarded by the Secretary to communities 

21 that have adopted national wildland fire codes 

22 to implement the applicable portion of the plan 

23 referred to in subparagraph (A). 

24 ‘‘(C) Restoration activities related to any 

25 residual or future wildfire damage. 


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1 ‘‘(D) Washoe Tribe fire risk reduction and 

2 forest management programs on tribal lands 

3 within the Lake Tahoe Basin. 

4 ‘‘(E) Development of an updated Lake 

5 Tahoe Basin multijurisdictional fuel reduction 

6 and wildfire prevention strategy, consistent with 

7 the requirement that forest management activi8 ties in the Lake Tahoe Basin promote multiple 

9 management benefits as described in section 

10 4(c) of this Act (as added by section 4 of the 

11 Lake Tahoe Restoration Act of 2015). 

12 ‘‘(F) Development of updated community 

13 wildfire protection plans by local fire districts. 

14 ‘‘(2) PRIORITY.—Units of local government in 

15 the Lake Tahoe Basin that have dedicated funding 

16 for inspections and enforcement of defensible space 

17 regulations shall be given priority for amounts pro18 vided under this subsection. 

19 ‘‘(3) COST-SHARING REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—As a condition on the 

21 receipt of funds, communities or local fire dis22 tricts that receive funds under this subsection 

23 shall provide a 25-percent match. 

24 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 


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1 ‘‘(i) IN GENERAL.—The non-Federal 

2 share required under subparagraph (A) 

3 may be in the form of cash contributions 

4 or in-kind contributions, including pro5 viding labor, equipment, supplies, space, 

6 and other operational needs. 

7 ‘‘(ii) CREDIT FOR CERTAIN DEDI8 CATED FUNDING.—There shall be credited 

9 toward the non-Federal share required 

10 under subparagraph (A) any dedicated 

11 funding of the communities or local fire 

12 districts for a fuels reduction management 

13 program, defensible space inspections, or 

14 dooryard chipping. 

15 ‘‘(C) DOCUMENTATION.—Communities and 

16 local fire districts shall— 

17 ‘‘(i) maintain a record of in-kind con18 tributions that describes— 

19 ‘‘(I) the monetary value of the in20 kind contributions; and 

21 ‘‘(II) the manner in which the in22 kind contributions assist in accom23 plishing project goals and objectives; 

24 and 


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1 ‘‘(ii) document in all requests for Fed2 eral funding, and include in the total 

3 project budget, evidence of the commit4 ment to provide the non-Federal share 

5 through in-kind contributions. 

6 ‘‘(c) INVASIVE SPECIES MANAGEMENT.— 

7 ‘‘(1) IN GENERAL.—Of the amounts appro8 priated for a fiscal year pursuant to the authoriza9 tion of appropriations in subsection (a) of section 

10 12, as amended by section 8 of the Lake Tahoe Res11 toration Act of 2015, not less than $800,000 shall 

12 be transferred to the Director of the United States 

13 Fish and Wildlife Service for the Aquatic Invasive 

14 Species Program and for the watercraft inspections 

15 and decontaminations described in paragraph (2). 

16 ‘‘(2) DESCRIPTION OF ACTIVITIES.—The Direc17 tor of the United States Fish and Wildlife Service, 

18 in coordination with the Planning Agency, the Cali19 fornia Department of Fish and Game, and the Ne20 vada Department of Wildlife, shall deploy strategies 

21 consistent with the Lake Tahoe Aquatic Invasive 

22 Species Management Plan to prevent the introduc23 tion of the quagga mussel into the Lake Tahoe 

24 Basin. 


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1 ‘‘(3) REQUIRED ELEMENTS OF STRATEGIES.— 

2 The strategies referred to in paragraph (2) shall 

3 provide for the following: 

4 ‘‘(A) Combined inspection and decon5 tamination stations shall be established in the 

6 Lake Tahoe Basin. As provided in paragraph 

7 (4), these stations may be operated by the 

8 States of California and Nevada, local govern9 ments, or private entities. 

10 ‘‘(B) Watercraft shall not be allowed to 

11 launch in waters of the Lake Tahoe Basin un12 less the watercraft has been inspected in ac13 cordance with the Lake Tahoe Aquatic Invasive 

14 Species Management Plan. 

15 ‘‘(4) CERTIFICATION.—The Planning Agency 

16 shall certify the State of California, the State of Ne17 vada, local agencies, or private entities to perform 

18 inspection and decontamination activities described 

19 in paragraph (3)(A) at locations inside or outside 

20 the Lake Tahoe Basin if such activities are con21 ducted in a manner consistent with the standards 

22 established by this subsection. 

23 ‘‘(5) APPLICABILITY.—The strategies developed 

24 under this subsection shall apply to all watercraft to 

25 be launched on water within the Lake Tahoe Basin. 


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1 ‘‘(6) FEES.—An entity performing inspection 

2 and decontamination activities described in para3 graph (3)(A) may collect fees for such activities, but 

4 not higher than the level sufficient to cover the costs 

5 of operation of inspection and decontamination sta6 tions under this subsection. 

7 ‘‘(7) VIOLATIONS.— 

8 ‘‘(A) IN GENERAL.—Any person that 

9 launches or attempts to launch a watercraft not 

10 in compliance with strategies deployed under 

11 this subsection shall be guilty of an infraction 

12 and shall be subject to a fine in the amount 

13 provided in title 18, United States Code. 

14 ‘‘(B) OTHER AUTHORITIES.—Any fine im15 posed under this paragraph shall be separate 

16 from penalties assessed under any other author17 ity. 

18 ‘‘(8) LIMITATION.—The strategies deployed 

19 under paragraph (2), including the specific elements 

20 required by paragraph (3), may be modified if the 

21 Secretary of the Interior, in a nondelegable capacity 

22 and in consultation with the Planning Agency, the 

23 States of California and Nevada, and State and local 

24 governments, issues a determination that alternative 


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1 measures will be no less effective at preventing intro2 duction of aquatic invasive species into Lake Tahoe. 

3 ‘‘(9) SUPPLEMENTAL AUTHORITY.—The au4 thority under this subsection is supplemental to all 

5 actions taken by non-Federal regulatory authorities. 

6 ‘‘(10) SAVINGS CLAUSE.—Nothing in this title 

7 restricts, affects, or amends any other law or the au8 thority of any department, instrumentality, or agen9 cy of the United States, or any State or political 

10 subdivision thereof, respecting the control of invasive 

11 species.’’. 

12 SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

13 Section 6 of the Lake Tahoe Restoration Act (Public 

14 Law 106–506; 114 Stat. 2354) is amended to read as fol15 lows: 

16 ‘‘SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

17 ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT18 ABILITY.— 

19 ‘‘(1) IN GENERAL.—Of the amounts appro20 priated for a fiscal year pursuant to the authoriza21 tion of appropriations in subsection (a) of section 

22 12, as amended by section 8 of the Lake Tahoe Res23 toration Act of 2015, not less than $150,000 shall 

24 be made available to the Secretary to carry out this 

25 section. 


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1 ‘‘(2) PLANNING AGENCY.—Of the amounts 

2 made available to the Secretary under paragraph 

3 (1), not less than 50 percent shall be made available 

4 to the Planning Agency to carry out the program 

5 oversight, coordination, and outreach activities under 

6 subsections (d) and (e). 

7 ‘‘(b) CONSULTATION.—In carrying out this Act, the 

8 Secretary, the Administrator, and the Directors shall, as 

9 appropriate and in a timely manner, consult with the 

10 heads of the Washoe Tribe, applicable Federal, State, re11 gional, county, and local governmental agencies, and the 

12 Lake Tahoe Federal Advisory Committee. 

13 ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREE14 MENTS.— 

15 ‘‘(1) IN GENERAL.—The Assistant Secretary 

16 may enter into interagency agreements with non17 Federal interests in the Lake Tahoe Basin to use 

18 Lake Tahoe Partnership-Miscellaneous General In19 vestigations funds to provide programmatic technical 

20 assistance for forest management or invasive species 

21 control activities. 

22 ‘‘(2) LOCAL COOPERATION AGREEMENTS.— 

23 ‘‘(A) IN GENERAL.—Before providing tech24 nical assistance under this section, the Assist25 ant Secretary shall enter into a local cooperaVerDate Sep 11 2014 05:32 Aug 06, 2015 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3382.IH H3382

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1 tion agreement with a non-Federal interest to 

2 provide for the technical assistance. 

3 ‘‘(B) COMPONENTS.—The agreement en4 tered into under subparagraph (A) shall— 

5 ‘‘(i) describe the nature of the tech6 nical assistance; 

7 ‘‘(ii) describe any legal and institu8 tional structures necessary to ensure the 

9 effective long-term viability of the end 

10 products by the non-Federal interest; and 

11 ‘‘(iii) include cost-sharing provisions 

12 in accordance with subparagraph (C). 

13 ‘‘(C) FEDERAL SHARE.— 

14 ‘‘(i) IN GENERAL.—The Federal share 

15 of program costs under each local coopera16 tion agreement under this paragraph shall 

17 be 75 percent. 

18 ‘‘(ii) FORM.—The Federal share may 

19 be in the form of reimbursements of pro20 gram costs. 

21 ‘‘(iii) CREDIT.—The non-Federal in22 terest may receive credit toward the non23 Federal share for the reasonable costs of 

24 related technical activities completed by 

25 the non-Federal interest before entering 


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1 into a local cooperation agreement with the 

2 Assistant Secretary under this paragraph. 

3 ‘‘(d) PUBLIC OUTREACH AND EDUCATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary, the Admin5 istrator, and the Directors will coordinate with the 

6 Planning Agency to conduct public education and 

7 outreach programs, including encouraging— 

8 ‘‘(A) owners of land and residences in the 

9 Lake Tahoe Basin to implement defensible 

10 space; and 

11 ‘‘(B) owners of land and residences in the 

12 Lake Tahoe Basin and visitors to the Lake 

13 Tahoe Basin to help prevent the introduction 

14 and proliferation of invasive species. 

15 ‘‘(2) SCIENTIFIC AND TECHNICAL GUIDANCE.— 

16 The Director of the United States Geological Survey 

17 shall provide scientific and technical guidance to 

18 public outreach and education programs conducted 

19 under this subsection. 

20 ‘‘(3) REQUIRED COORDINATION.—Public out21 reach and education programs for aquatic invasive 

22 species under this subsection shall— 

23 ‘‘(A) be coordinated with county govern24 ments in the Lake Tahoe Basin and Lake 


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1 Tahoe Basin tourism and business organiza2 tions; and 

3 ‘‘(B) include provisions for the programs 

4 to extend outside of the Lake Tahoe Basin. 

5 ‘‘(e) EFFECTIVENESS EVALUATING AND MONI6 TORING.—In carrying out this Act, the Secretary, the Ad7 ministrator, and the Directors, in coordination with the 

8 Planning Agency and States of California and Nevada, 

9 shall— 

10 ‘‘(1) develop and implement a plan for inte11 grated monitoring, assessment, and applied research 

12 to evaluate the effectiveness programs funded under 

13 this Act; and 

14 ‘‘(2) include in each program funded under this 

15 section funds for monitoring and assessment of re16 sults at the program level.’’. 

17 SEC. 7. TECHNICAL CORRECTIONS AND CONFORMING 

18 AMENDMENTS. 

19 (a) TECHNICAL CORRECTION.—Section 4(b)(3) of 

20 the Lake Tahoe Restoration Act (Public Law 106–506; 

21 114 Stat. 2353) is amended by striking ‘‘basin’’ and in22 serting ‘‘Basin’’. 

23 (b) RELATIONSHIP TO OTHER LAWS.—Section 11 of 

24 the Lake Tahoe Restoration Act (Public Law 106–506; 


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1 114 Stat. 2358) is amended by inserting ‘‘, Director, or 

2 Administrator’’ after ‘‘Secretary’’. 

3 (c) TAHOE REGIONAL PLANNING COMPACT UP4 DATE.—Paragraph (c) of Article V of the Tahoe Regional 

5 Planning Compact included in the first section of Public 

6 Law 96–551 (94 Stat. 3233) is amended by inserting after 

7 ‘‘maintain the regional plan’’ the following: ‘‘and, in so 

8 doing, shall ensure that the regional plan reflects changing 

9 economic conditions and the economic effect of regulation 

10 on commerce’’. 

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 12 of the Lake Tahoe Restoration Act (Pub13 lic Law 106–506; 114 Stat. 2358) is amended to read as 

14 follows: 

15 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

17 is authorized to be appropriated to carry out this Act 

18 $6,000,000 for each of fiscal years 2016 through 2025. 

19 ‘‘(b) SOURCE OF FUNDS.—Amounts made available 

20 to carry out this Act shall be derived from— 

21 ‘‘(1) amounts appropriated pursuant to the au22 thorization of appropriations in subsection (a) and 

23 the amendment made by section 7 of this Act; and 


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1 ‘‘(2) special use fees collected within the Lake 

2 Tahoe Basin Management Unit and made available 

3 under subsection (c). 

4 ‘‘(c) ADDITIONAL FUNDING FROM SPECIAL USE

5 FEES.— 

6 ‘‘(1) RETENTION OF CERTAIN FEES.— 

7 ‘‘(A) DEPOSIT.—Fees collected for recre8 ation and non-recreation special uses within the 

9 Lake Tahoe Basin Management Unit shall be 

10 deposited in a special fund in the Treasury, 

11 which shall be available to the Secretary as pro12 vided in subparagraph (B). 

13 ‘‘(B) AVAILABILITY AND USE.—Fees de14 posited under subparagraph (A) shall be avail15 able to the Secretary, in such amounts as may 

16 be provided in an Act making appropriations 

17 for the Forest Service for a fiscal year, for the 

18 purpose of providing additional funds to carry 

19 out this Act in excess of amounts appropriated 

20 pursuant to the authorization of appropriations 

21 in subsection (a). 

22 ‘‘(C) OBLIGATION LIMIT.—The obligation 

23 and expenditure of fees deposited under sub24 paragraph (A) shall be subject to appropriation 

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1 fied in an Act making appropriations for the 

2 Forest Service for a fiscal year. 

3 ‘‘(2) USE OF RETAINED FEES.—Of the fees de4 posited under paragraph (1) and appropriated for a 

5 fiscal year, the Secretary shall use— 

6 ‘‘(A) at least 50 percent to establish, main7 tain, and expand recreation improvements, spe8 cifically existing and traditional uses, within the 

9 Lake Tahoe Basin Management Unit, including 

10 trails, interpretation, and on-the-ground pres11 ence of Forest Service personnel; and 

12 ‘‘(B) the remainder to support other activi13 ties authorized by this Act. 

14 ‘‘(3) COLLABORATIVE PROCESS.—The Secretary 

15 shall make decisions under paragraph (2) regarding 

16 the use of fees appropriated for a fiscal year through 

17 a collaborative process with representatives from 

18 local governments, such as county supervisors and 

19 county commissioners, with jurisdiction over lands 

20 within the Lake Tahoe Basin Management Unit. 

21 ‘‘(d) EFFECT ON OTHER FUNDS.—Amounts made 

22 available to carry out this Act— 

23 ‘‘(1) shall be in addition to any other amounts 

24 made available to the Secretary, the Administrator, 


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1 or the Directors for expenditure in the Lake Tahoe 

2 Basin; and 

3 ‘‘(2) shall not reduce allocations for other Re4 gions of the Forest Service. 

5 ‘‘(e) COST-SHARING REQUIREMENT.—Except as pro6 vided in subsection (b)(3) of section 5 of this Act, as 

7 amended by section 5 of the Lake Tahoe Restoration Act 

8 of 2015, funds for activities under section 5 of this Act 

9 shall be available for obligation on a dollar-for-dollar basis 

10 with funding of restoration activities in the Lake Tahoe 

11 Basin by the States of California and Nevada.’’. 

12 SEC. 9. LAND CONVEYANCES TO IMPROVE MANAGEMENT 

13 EFFICIENCIES OF STATE AND FEDERAL 

14 LANDS. 

15 (a) CALIFORNIA CONVEYANCE.—Section 3(b) of Pub16 lic Law 96–586 (94 Stat. 3384; commonly known as the 

17 Santini-Burton Act) is amended— 

18 (1) by striking ‘‘(b) Lands’’ and inserting the 

19 following: 

20 ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— 

21 ‘‘(1) IN GENERAL.—Land’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 

24 ‘‘(2) CONVEYANCE TO CALIFORNIA.— 


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1 ‘‘(A) IN GENERAL.—If the State of Cali2 fornia (acting through the California Tahoe 

3 Conservancy and the California Department of 

4 Parks and Recreation) offers to donate to the 

5 United States acceptable title to the non-Fed6 eral land described in subparagraph (B)(i), the 

7 Secretary of Agriculture— 

8 ‘‘(i) may accept the offer; and 

9 ‘‘(ii) not later than 180 days after the 

10 date on which the Secretary receives ac11 ceptable title to the non-Federal land de12 scribed in subparagraph (B)(i), convey to 

13 the State of California, subject to valid ex14 isting rights and for no consideration, all 

15 right, title, and interest of the United 

16 States in and to the Federal land that is 

17 acceptable to the State of California. 

18 ‘‘(B) DESCRIPTION OF LAND.— 

19 ‘‘(i) NON-FEDERAL LAND.—The non20 Federal land referred to in subparagraph 

21 (A) includes— 

22 ‘‘(I) the approximately 1,981 

23 acres of land administered by the 

24 California Tahoe Conservancy and 

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1 vancy to the United States Forest 

2 Service’; and 

3 ‘‘(II) the approximately 187 

4 acres of land administered by Cali5 fornia State Parks and identified on 

6 the Maps as ‘State Parks to the U.S. 

7 Forest Service’. 

8 ‘‘(ii) FEDERAL LAND.—The Federal 

9 land referred to in subparagraph (A) in10 cludes the approximately 1,995 acres of 

11 Forest Service land identified on the Maps 

12 as ‘U.S. Forest Service to Conservancy 

13 and State Parks’. 

14 ‘‘(C) USE OF LAND.—The land conveyance 

15 authorized under this paragraph shall— 

16 ‘‘(i) be for the purpose of consoli17 dating Federal and State ownerships and 

18 improving management efficiencies; and 

19 ‘‘(ii) not result in any substantial re20 duction in public access or reduction in 

21 availability of existing and traditional pub22 lic recreation uses.’’. 

23 (b) NEVADA CONVEYANCE.—Section 3(b) of Public 

24 Law 96–586 (94 Stat. 3384; commonly known as the 

25 Santini-Burton Act) is further amended by inserting after 


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1 paragraph (2), as added by subsection (a)(2), the fol2 lowing new paragraph: 

3 ‘‘(3) CONVEYANCE TO NEVADA.— 

4 ‘‘(A) IN GENERAL.—At the request of the 

5 State of Nevada, the Secretary of Agriculture 

6 may convey, without consideration, the land or 

7 interests in land described in subparagraph (B) 

8 to the State, subject to appropriate deed re9 strictions to protect public access and existing 

10 or traditional public recreational uses of the 

11 conveyed land. 

12 ‘‘(B) DESCRIPTION OF LAND.—The land 

13 referred to in subsection (a) includes the ap14 proximately 39 acres of National Forest System 

15 land identified on the map entitled ‘State of 

16 Nevada Conveyances’ as ‘Van Sickle Unit 

17 USFS Inholding’. 

18 ‘‘(C) USE OF LAND.—The land conveyance 

19 authorized under this paragraph shall— 

20 ‘‘(i) be for the purpose of consoli21 dating Federal and State ownerships and 

22 improving management efficiencies; and 

23 ‘‘(ii) not result in any substantial re24 duction in public access or reduction in 


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1 availability of existing and traditional pub2 lic recreation uses.’’. 

3 (c) AUTHORIZATION FOR CONVEYANCE OF FOREST

4 SERVICE URBAN LOTS.— 

5 (1) CONVEYANCE AUTHORITY.—The Secretary 

6 of Agriculture is authorized to convey all urban lots 

7 within the Lake Tahoe Basin under the administra8 tive jurisdiction of the Forest Service. 

9 (2) CONSIDERATION.—A conveyance under the 

10 authority of paragraph (1) shall require consider11 ation in an amount equal to the fair-market value of 

12 the conveyed lot. 

13 (3) AVAILABILITY AND USE.—The proceeds 

14 from conveyances under paragraph (1) shall be re15 tained by the Secretary of Agriculture and used for 

16 the purpose of— 

17 (A) purchasing inholdings throughout the 

18 Lake Tahoe Basin; or 

19 (B) providing additional funds to carry out 

20 the Lake Tahoe Restoration Act (Public Law 

21 106–506) in excess of amounts appropriated 

22 pursuant to the authorization of appropriations 

23 in section 12 of such Act, as amended by sec24 tion 8 of this Act. 


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1 (4) OBLIGATION LIMIT.—The obligation and ex2 penditure of proceeds retained under this subsection 

3 shall be subject to such fiscal-year limitation as may 

4 be specified in an Act making appropriations for the 

5 Forest Service for a fiscal year. 

6 (5) INHOLDING DEFINED.—In paragraph 

7 (3)(A), the term ‘‘inholding’’ means a parcel of land 

8 that is surrounded on all sides by Federal land. 

9 SEC. 10. MODIFICATION OF LAND ACQUISITION AUTHORITY 

10 UNDER SANTINI-BURTON ACT AND SOUTH11 ERN NEVADA PUBLIC LAND MANAGEMENT 

12 ACT OF 1998. 

13 (a) ADDITIONAL LAND ACQUISITION CRITERIA.— 

14 Section 3(a)(1) of Public Law 96–586 (94 Stat. 3383; 

15 commonly known as the Santini-Burton Act) is amended 

16 by adding before the period at the end of the first sentence 

17 the following: ‘‘and, with respect to any land acquisition 

18 under this section within the Lake Tahoe Basin Manage19 ment Unit that is proposed after the date of the enactment 

20 of the Lake Tahoe Restoration Act of 2015, which will 

21 provide critical access for recreational use and resolve sig22 nificant inholding issues in that a parcel of land to be ac23 quired is wholly surrounded by Federal land’’. 

24 (b) CONSENT OF LOCAL GOVERNMENT REQUIRED.— 

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1 monly known as the Santini-Burton Act) is amended by 

2 adding at the end the following new paragraph: 

3 ‘‘(6) CONSENT OF LOCAL GOVERNMENT RE4 QUIRED.—With respect to any land acquisition 

5 under this section within the Lake Tahoe Basin 

6 Management Unit that is proposed after the date of 

7 the enactment of the Lake Tahoe Restoration Act of 

8 2015, the Secretary of Agriculture shall obtain the 

9 consent of the government of the county within the 

10 boundaries of which the land is located before exe11 cuting the land acquisition.’’. 

12 (c) ADMINISTRATIVE EXPENSES.—Section 3 of Pub13 lic Law 96–586 (94 Stat. 3383; commonly known as the 

14 Santini-Burton Act) is amended by adding at the end the 

15 following new subsection: 

16 ‘‘(h) ADMINISTRATIVE EXPENSES RELATED TO

17 LAND ADJUSTMENTS.—Amounts appropriated pursuant 

18 to the authorization of appropriations in subsection (g) 

19 shall be available to the Secretary of Agriculture to cover 

20 staffing costs and related expenses incurred to accomplish 

21 land adjustments in the Lake Tahoe Basin Management 

22 Unit to create more efficient land management patterns.’’. 

23 (d) CONFORMING AMENDMENTS TO SOUTHERN NE24 VADA PUBLIC LAND MANAGEMENT ACT OF 1998.—Sec25 tion 5(a) of the Southern Nevada Public Land ManageVerDate Sep 11 2014 05:32 Aug 06, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H3382.IH H3382

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1 ment Act of 1998 (Public Law 105–263; 112 Stat. 2347) 

2 is amended by adding at the end the following new para3 graph: 

4 ‘‘(4) ADDITIONAL REQUIREMENTS RELATED TO

5 ACQUISITIONS IN LAKE TAHOE BASIN MANAGEMENT

6 UNIT.—With respect to any land acquisition under 

7 this subsection within the Lake Tahoe Basin Man8 agement Unit that is proposed after the date of the 

9 enactment of the Lake Tahoe Restoration Act of 

10 2015, the Secretary of Agriculture shall, before exe11 cuting the land acquisition— 

12 ‘‘(A) obtain the consent of each county 

13 within whose boundaries the parcel of land is 

14 located; and 

15 ‘‘(B) certify that, in addition to being envi16 ronmentally sensitive land, the parcel of land 

17 will provide critical access for recreational use 

18 and resolve significant inholding issues in that 

19 the parcel is wholly surrounded by National 

20 Forest System land.’’. 

Æ 


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