IB 

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] 


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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. 


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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’’. 

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

7 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. 

8 SEC. 2. FINDINGS AND PURPOSES. 

9 Section 2 of the Lake Tahoe Restoration Act (Public 

10 Law 106–506; 114 Stat. 2351) is amended to read as fol11 lows: 

12 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

13 ‘‘(a) FINDINGS.—Congress makes the following find14 ings: 

15 ‘‘(1) Lake Tahoe— 

16 ‘‘(A) is one of the largest, deepest, and clear17 est fresh-water lakes in the world; 


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

2 biologically diverse alpine setting, and remark3 able water clarity; and 

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

5 special significance, so that even world-traveler 

6 Mark Twain called Lake Tahoe the ‘fairest pic7 ture the whole earth affords’. 

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

9 treasure, the Lake Tahoe Basin is one of the out10 standing recreational resources of the United States, 

11 which— 

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

13 camping, and hiking to millions of visitors each 

14 year; and 

15 ‘‘(B) contributes significantly to the econo16 mies of California, Nevada, and the United 

17 States. 

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

19 dependent on the natural beauty and recreation op20 portunities of Lake Tahoe and the surrounding area. 

21 ‘‘(4) Forests in the Lake Tahoe Basin suffer from 

22 over a century of fire damage, periodic drought, and 

23 mismanagement, which have resulted in— 

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

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


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

2 fuels, which significantly increases the threat of 

3 catastrophic fire and insect infestation. 

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

5 terrestrial invasive species (including perennial 

6 pepperweed, milfoil, and Asian clam) threatens the 

7 ecosystem of the Lake Tahoe Basin, and the likelihood 

8 exists for the introduction and establishment of other 

9 invasive species (such as yellow starthistle, New Zea10 land mud snail, Zebra mussel, and quagga mussel). 

11 ‘‘(6) 75 percent of the land in the Lake Tahoe 

12 Basin is administered by the Federal Government, 

13 which makes it a Federal responsibility to signifi14 cantly contribute to the restoration of the ecological 

15 health of the Lake Tahoe Basin. 

16 ‘‘(b) PURPOSES.—The purposes of this Act are as fol17 lows: 

18 ‘‘(1) To identify ways and pursue options to ex19 pand the environmental threshold carrying capacity 

20 of the Lake Tahoe Basin. 

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

22 Director of the United States Fish and Wildlife Serv23 ice, and the Administrator, in cooperation with the 

24 Planning Agency and the States of California and 

25 Nevada, to fund, plan, and implement significant forVerDate Sep 11 2014 21:44 Feb 01, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3382.RH H3382

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1 est management and invasive species control activities 

2 in the Lake Tahoe Basin. 

3 ‘‘(3) To ensure that Federal, State, local, re4 gional, tribal, and private entities continue to work 

5 together to manage lands and forests in the Lake 

6 Tahoe Basin. 

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

8 Tahoe Basin in efforts related fire risk reduction and 

9 forest management activities. 

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

11 public lands in the Lake Tahoe Basin. 

12 ‘‘(6) To ensure that management of Federal land 

13 and forests in the Lake Tahoe Basin is conducted 

14 with the understanding that— 

15 ‘‘(A) public forests are renewable assets that 

16 should be managed, rather than neglected, and 

17 that excess timber should be harvested to generate 

18 continuing revenue for care of the public’s land, 

19 in accordance with a good neighbor policy; and 

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

21 local communities whenever possible with regard 

22 to land acquisition and land regulations or re23 strictions.’’. 


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1 SEC. 3. DEFINITIONS. 

2 Section 3 of the Lake Tahoe Restoration Act (Public 

3 Law 106–506; 114 Stat. 2353) is amended to read as fol4 lows: 

5 ‘‘SEC. 3. DEFINITIONS. 

6 ‘‘In this Act: 

7 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis8 trator’ means the Administrator of the Environ9 mental Protection Agency. 

10 ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist11 ant Secretary’ means the Assistant Secretary of the 

12 Army for Civil Works. 

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

14 of the Federal Partnership. 

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

16 Tahoe Regional Planning Compact included in the 

17 first section of Public Law 96–551 (94 Stat. 3233). 

18 ‘‘(5) DIRECTORS.—The term ‘Directors’ means— 

19 ‘‘(A) the Director of the United States Fish 

20 and Wildlife Service; and 

21 ‘‘(B) the Director of the United States Geo22 logical Survey. 

23 ‘‘(6) ENVIRONMENTAL THRESHOLD CARRYING CA24 PACITY.—The term ‘environmental threshold carrying 

25 capacity’ has the meaning given the term in article 

26 II of the Compact. 


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1 ‘‘(7) FEDERAL PARTNERSHIP.—The term ‘Fed2 eral Partnership’ means the Lake Tahoe Federal 

3 Interagency Partnership established by Executive 

4 Order 13957 (62 Fed. Reg. 41249) (or a successor Ex5 ecutive order). 

6 ‘‘(8) FOREST MANAGEMENT ACTIVITY.—The term 

7 ‘forest management activity’ includes— 

8 ‘‘(A) prescribed burning for ecosystem 

9 health and hazardous fuels reduction; 

10 ‘‘(B) mechanical treatments, including for11 est thinning, sale of commercial timber and fire12 wood, and brush mastication; 

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

14 species; 

15 ‘‘(D) erosion control and water runoff miti16 gation on land adversely impacted by wildland 

17 fire; and 

18 ‘‘(E) other activities consistent with Forest 

19 Service practices, as the Secretary determines to 

20 be appropriate. 

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

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

23 Land Exchange/North Shore’, ‘USFS-CA Land Ex24 change/West Shore’, and ‘USFS-CA Land Exchange/ 

25 South Shore’, which shall be on file and available for 


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1 public inspection in the appropriate offices of the 

2 Forest Service, the California Tahoe Conservancy, 

3 and the California Department of Parks and Recre4 ation. 

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

6 term ‘national wildland fire code’ means— 

7 ‘‘(A) the most recent publication of the Na8 tional Fire Protection Association codes num9 bered 1141, 1142, 1143, and 1144; 

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

11 International Wildland-Urban Interface Code of 

12 the International Code Council; or 

13 ‘‘(C) any other code that the Secretary de14 termines provides the same, or better, standards 

15 for protection against wildland fire as a code de16 scribed in subparagraph (A) or (B). 

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

18 Agency’ means the Tahoe Regional Planning Agency 

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

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

21 ‘‘(12) SECRETARY.—The term ‘Secretary’ means 

22 the Secretary of Agriculture, acting through the Chief 

23 of the Forest Service. 


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

2 means motorized and non-motorized watercraft that 

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

4 SEC. 4. IMPROVED ADMINISTRATION OF THE LAKE TAHOE 

5 BASIN MANAGEMENT UNIT. 

6 Section 4 of the Lake Tahoe Restoration Act (Public 

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

8 the end the following new subsections: 

9 ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 

10 ‘‘(1) COORDINATION.—For the purpose of in11 creasing efficiencies and maximizing the compat12 ibility of management practices across public prop13 erty boundaries, in conducting forest management ac14 tivities in the Lake Tahoe Basin Management Unit, 

15 the Secretary shall coordinate, as appropriate, with— 

16 ‘‘(A) the Administrator; 

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

18 ‘‘(C) county governments, local govern19 ments, and local fire departments. 

20 ‘‘(2) MULTIPLE BENEFITS.—In conducting forest 

21 management activities in the Lake Tahoe Basin Man22 agement Unit, the Secretary shall conduct the activi23 ties in a manner that— 


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

2 promotes multiple management benefits, includ3 ing— 

4 ‘‘(i) reducing forest fuels; 

5 ‘‘(ii) enhancing and seeking ways to 

6 increase recreational opportunities; 

7 ‘‘(iii) preserving existing and tradi8 tional uses; 

9 ‘‘(iv) producing a sustainable yield of 

10 natural resource production; and 

11 ‘‘(v) allowing for economic develop12 ment; and 

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

14 ways to expand the environmental threshold car15 rying capacities established by the Planning 

16 Agency. 

17 ‘‘(3) COST-BENEFIT DETERMINATION.—Notwith18 standing paragraph (2)(A), the promotion of multiple 

19 management benefits shall not be required if the Sec20 retary determines that management for multiple bene21 fits would excessively increase the cost of a program 

22 in relation to the additional benefits gained from the 

23 management activity. The Secretary shall make each 

24 cost-benefit determination made under this paragraph 

25 publicly available. 


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1 ‘‘(4) AVAILABILITY OF CATEGORICAL EXCLUSION

2 FOR CERTAIN FOREST MANAGEMENT PROJECTS.—A 

3 forest management activity conducted in the Lake 

4 Tahoe Basin Management Unit for the purpose of re5 ducing forest fuels is categorically excluded from the 

6 requirements of the National Environmental Policy 

7 Act of 1969 (42 U.S.C. 4331 et seq.) if the forest man8 agement activity— 

9 ‘‘(A) notwithstanding section 423 of the De10 partment of the Interior, Environment, and Re11 lated Agencies Appropriations Act, 2009 (divi12 sion E of Public Law 111–8; 123 Stat. 748), 

13 does not exceed 10,000 acres, including no more 

14 than 3,000 acres of mechanical thinning; 

15 ‘‘(B) is developed— 

16 ‘‘(i) in coordination with impacted 

17 parties, specifically including representa18 tives of local governments, such as county 

19 supervisors or county commissioners; and 

20 ‘‘(ii) in consultation with other inter21 ested parties; and 

22 ‘‘(C) is consistent with the Lake Tahoe 

23 Basin Management Unit land and resource 

24 management plan. 

25 ‘‘(d) ARBITRATION PROCESS.— 


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

2 management activity in the Lake Tahoe Basin Man3 agement Unit shall be addressed using arbitration 

4 consistent with this subsection. 

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

6 administrative review for the forest management ac7 tivity and who is not satisfied with the decision made 

8 under the administrative review process may file a 

9 demand for arbitration regarding the covered active 

10 management project in accordance with chapter 1 of 

11 title 9, United States Code. The demand for arbitra12 tion under paragraph (1) shall— 

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

14 the date on which the administrative review de15 cision was issued; and 

16 ‘‘(B) include a proposal describing the 

17 modifications sought to the forest management 

18 activity. 

19 ‘‘(3) INTERVENING PARTIES.—Not later than 15 

20 days after the date on which the demand for arbitra21 tion was filed, any person that submitted a public 

22 comment on the forest management activity subject to 

23 arbitration may intervene in the arbitration— 

24 ‘‘(A) by endorsing the activity or the modi25 fication proposal; or 


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

2 modify the activity. 

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

4 United States District Court in the district in which 

5 the forest management activity is located shall ap6 point the arbitrator to conduct the arbitration pro7 ceedings in accordance with this subsection and chap8 ter 1 of title 9, United States Code. 

9 ‘‘(5) SELECTION OF PROPOSALS.— 

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

11 appointment under paragraph (1), the arbitrator 

12 shall determine whether the proposal submitted 

13 by an objector or an intervening party or the 

14 forest management activity as approved by the 

15 Secretary best meets the purpose and needs de16 scribed in the environmental analysis conducted, 

17 in accordance with this Act, for the forest man18 agement activity. 

19 ‘‘(B) MODIFICATION PROHIBITED.—The ar20 bitrator appointed under paragraph (4) may not 

21 modify any of the proposals submitted with the 

22 demand for arbitration or a request to intervene. 

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

24 arbitrator with respect to the forest management ac25 tivity— 


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1 ‘‘(A) shall not be considered a major Fed2 eral action; and 

3 ‘‘(B) shall be binding. 

4 ‘‘(7) PROHIBITION ON RESTRAINING ORDERS, 

5 PRELIMINARY INJUNCTIONS, AND INJUNCTIONS PEND6 ING APPEAL.—No restraining order, preliminary in7 junction, or injunction pending appeal shall be issued 

8 by an appellate court of the United States with re9 spect to the decision of an arbitrator with respect to 

10 the forest management activity. 

11 ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CAPAC12 ITY.—The Lake Tahoe Basin Management Unit shall sup13 port the attainment of the environmental threshold carrying 

14 capacities and identify and pursue the means to expand 

15 those capacities. 

16 ‘‘(f) COOPERATIVE AUTHORITIES.— 

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

18 through 2020, the Secretary, in conjunction with land 

19 adjustment programs, may enter into contracts and 

20 cooperative agreements with States, units of local gov21 ernment, and other public and private entities to pro22 vide for fuel reduction, erosion control, reforestation, 

23 and similar management activities on Federal land 

24 and non-Federal land within the programs. 


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1 ‘‘(2) EXTENDED DURATION OF STEWARDSHIP

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

3 section 604 of the Healthy Forests Restoration Act of 

4 2003 (16 U.S.C. 6591c), an agreement or contract 

5 under such section for stewardship contracting 

6 projects to be carried out within the Lake Tahoe 

7 Basin Management Unit may be for a term in excess 

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

9 ‘‘(g) COMMERCIAL PRODUCT RECEIPTS.— 

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

11 any commercial product receipts generated as part of 

12 forest management activities or cooperative activities 

13 conducted in the Lake Tahoe Basin Management Unit 

14 under subsection (c) or (g), other than stewardship 

15 contracts described in subsection (g)(2). 

16 ‘‘(2) AVAILABILITY AND USE.—Receipts retained 

17 under paragraph (1) shall be available to the Sec18 retary for the purpose of funding additional forest 

19 management activities and cooperative activities, de20 veloped through a collaborative process with rep21 resentatives from local governments with jurisdiction 

22 over lands within the Lake Tahoe Basin Management 

23 Unit. 

24 ‘‘(3) OBLIGATION LIMIT.—The obligation and ex25 penditure of receipts retained under this subsection 


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

2 be specified in an Act making appropriations for the 

3 Forest Service for a fiscal year.’’. 

4 SEC. 5. AUTHORIZED PROGRAMS. 

5 Section 5 of the Lake Tahoe Restoration Act (Public 

6 Law 106–506; 114 Stat. 2353) is amended to read as fol7 lows: 

8 ‘‘SEC. 5. AUTHORIZED PROGRAMS. 

9 ‘‘(a) IN GENERAL.—The Secretary, the Assistant Sec10 retary, the Directors, and the Administrator, in coordina11 tion with the Planning Agency and the States of California 

12 and Nevada, may carry out or provide financial assistance 

13 to any program described in subsection (b) or (c). 

14 ‘‘(b) FIRE RISK REDUCTION AND FOREST MANAGE15 MENT.— 

16 ‘‘(1) IN GENERAL.—Of the amounts appro17 priated for a fiscal year pursuant to the authoriza18 tion of appropriations in subsection (a) of section 12, 

19 as amended by section 8 of the Lake Tahoe Restora20 tion Act of 2015, not less than $4,400,000 shall be 

21 made available to the Secretary to carry out, includ22 ing by making grants, the following programs: 

23 ‘‘(A) The Lake Tahoe Basin Multi-Jurisdic24 tional Fuel Reduction and Wildfire Prevention 

25 Strategy 10-Year Plan. 


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1 ‘‘(B) Competitive grants for fuels work to be 

2 awarded by the Secretary to communities that 

3 have adopted national wildland fire codes to im4 plement the applicable portion of the plan re5 ferred to in subparagraph (A). 

6 ‘‘(C) Restoration activities related to any 

7 residual or future wildfire damage. 

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

9 forest management programs on tribal lands 

10 within the Lake Tahoe Basin. 

11 ‘‘(E) Development of an updated Lake 

12 Tahoe Basin multijurisdictional fuel reduction 

13 and wildfire prevention strategy, consistent with 

14 the requirement that forest management activi15 ties in the Lake Tahoe Basin promote multiple 

16 management benefits as described in section 4(c) 

17 of this Act (as added by section 4 of the Lake 

18 Tahoe Restoration Act of 2015). 

19 ‘‘(F) Development of updated community 

20 wildfire protection plans by local fire districts. 

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

22 the Lake Tahoe Basin that have dedicated funding for 

23 inspections and enforcement of defensible space regu24 lations shall be given priority for amounts provided 

25 under this subsection. 


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1 ‘‘(3) COST-SHARING REQUIREMENTS.— 

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

3 receipt of funds, communities or local fire dis4 tricts that receive funds under this subsection 

5 shall provide a 25-percent match. 

6 ‘‘(B) FORM OF NON-FEDERAL SHARE.— 

7 ‘‘(i) IN GENERAL.—The non-Federal 

8 share required under subparagraph (A) 

9 may be in the form of cash contributions or 

10 in-kind contributions, including providing 

11 labor, equipment, supplies, space, and other 

12 operational needs. 

13 ‘‘(ii) CREDIT FOR CERTAIN DEDICATED

14 FUNDING.—There shall be credited toward 

15 the non-Federal share required under sub16 paragraph (A) any dedicated funding of the 

17 communities or local fire districts for a 

18 fuels reduction management program, de19 fensible space inspections, or dooryard chip20 ping. 

21 ‘‘(C) DOCUMENTATION.—Communities and 

22 local fire districts shall— 

23 ‘‘(i) maintain a record of in-kind con24 tributions that describes— 


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1 ‘‘(I) the monetary value of the in2 kind contributions; and 

3 ‘‘(II) the manner in which the in4 kind contributions assist in accom5 plishing project goals and objectives; 

6 and 

7 ‘‘(ii) document in all requests for Fed8 eral funding, and include in the total 

9 project budget, evidence of the commitment 

10 to provide the non-Federal share through 

11 in-kind contributions. 

12 ‘‘(c) INVASIVE SPECIES MANAGEMENT.— 

13 ‘‘(1) IN GENERAL.—Of the amounts appro14 priated for a fiscal year pursuant to the authoriza15 tion of appropriations in subsection (a) of section 12, 

16 as amended by section 8 of the Lake Tahoe Restora17 tion Act of 2015, not less than $800,000 shall be 

18 transferred to the Director of the United States Fish 

19 and Wildlife Service for the Aquatic Invasive Species 

20 Program and for the watercraft inspections and de21 contaminations described in paragraph (2). 

22 ‘‘(2) DESCRIPTION OF ACTIVITIES.—The Director 

23 of the United States Fish and Wildlife Service, in co24 ordination with the Planning Agency, the California 

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1 partment of Wildlife, shall deploy strategies consistent 

2 with the Lake Tahoe Aquatic Invasive Species Man3 agement Plan to prevent the introduction and spread 

4 of aquatic invasive species into the Lake Tahoe Basin. 

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

6 The strategies referred to in paragraph (2) shall pro7 vide for the following: 

8 ‘‘(A) Combined inspection and decon9 tamination stations shall be established in the 

10 Lake Tahoe Basin. As provided in paragraph 

11 (4), these stations may be operated by the States 

12 of California and Nevada, local governments, or 

13 private entities. 

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

15 launch in waters of the Lake Tahoe Basin unless 

16 the watercraft has been inspected in accordance 

17 with the Lake Tahoe Aquatic Invasive Species 

18 Management Plan. 

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

20 shall certify the State of California, the State of Ne21 vada, local agencies, or private entities to perform in22 spection and decontamination activities described in 

23 paragraph (3)(A) at locations inside or outside the 

24 Lake Tahoe Basin if such activities are conducted in 


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1 a manner consistent with the standards established by 

2 this subsection. 

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

4 under this subsection shall apply to all watercraft to 

5 be launched on water within the Lake Tahoe Basin. 

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

7 and decontamination activities described in para8 graph (3)(A) may collect fees for such activities, but 

9 not higher than the level sufficient to cover the costs 

10 of operation of inspection and decontamination sta11 tions under this subsection. 

12 ‘‘(7) VIOLATIONS.— 

13 ‘‘(A) IN GENERAL.—Any person that 

14 launches or attempts to launch a watercraft not 

15 in compliance with strategies deployed under 

16 this subsection shall be guilty of an infraction 

17 and shall be subject to a fine in the amount pro18 vided in title 18, United States Code. 

19 ‘‘(B) OTHER AUTHORITIES.—Any fine im20 posed under this paragraph shall be separate 

21 from penalties assessed under any other author22 ity. 

23 ‘‘(8) LIMITATION.—The strategies deployed under 

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1 retary of the Interior, in a nondelegable capacity and 

2 in consultation with the Planning Agency, the States 

3 of California and Nevada, and State and local gov4 ernments, issues a determination that alternative 

5 measures will be no less effective at preventing intro6 duction of aquatic invasive species into Lake Tahoe. 

7 ‘‘(9) SUPPLEMENTAL AUTHORITY.—The author8 ity under this subsection is supplemental to all ac9 tions taken by non-Federal regulatory authorities. 

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

11 restricts, affects, or amends any other law or the au12 thority of any department, instrumentality, or agency 

13 of the United States, or any State or political sub14 division thereof, respecting the control of invasive spe15 cies.’’. 

16 SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

17 Section 6 of the Lake Tahoe Restoration Act (Public 

18 Law 106–506; 114 Stat. 2354) is amended to read as fol19 lows: 

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

21 ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT22 ABILITY.— 

23 ‘‘(1) IN GENERAL.—Of the amounts appro24 priated for a fiscal year pursuant to the authoriza25 tion of appropriations in subsection (a) of section 12, 


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1 as amended by section 8 of the Lake Tahoe Restora2 tion Act of 2015, not less than $150,000 shall be made 

3 available to the Secretary to carry out this section. 

4 ‘‘(2) PLANNING AGENCY.—Of the amounts made 

5 available to the Secretary under paragraph (1), not 

6 less than 50 percent shall be made available to the 

7 Planning Agency to carry out the program oversight, 

8 coordination, and outreach activities under sub9 sections (d) and (e). 

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

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

12 appropriate and in a timely manner, consult with the heads 

13 of the Washoe Tribe, applicable Federal, State, regional, 

14 county, and local governmental agencies, and the Lake 

15 Tahoe Federal Advisory Committee. 

16 ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—The Assistant Secretary may 

19 enter into interagency agreements with non-Federal 

20 interests in the Lake Tahoe Basin to use Lake Tahoe 

21 Partnership-Miscellaneous General Investigations 

22 funds to provide programmatic technical assistance 

23 for forest management or invasive species control ac24 tivities. 

25 ‘‘(2) LOCAL COOPERATION AGREEMENTS.— 


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1 ‘‘(A) IN GENERAL.—Before providing tech2 nical assistance under this section, the Assistant 

3 Secretary shall enter into a local cooperation 

4 agreement with a non-Federal interest to provide 

5 for the technical assistance. 

6 ‘‘(B) COMPONENTS.—The agreement entered 

7 into under subparagraph (A) shall— 

8 ‘‘(i) describe the nature of the technical 

9 assistance; 

10 ‘‘(ii) describe any legal and institu11 tional structures necessary to ensure the ef12 fective long-term viability of the end prod13 ucts by the non-Federal interest; and 

14 ‘‘(iii) include cost-sharing provisions 

15 in accordance with subparagraph (C). 

16 ‘‘(C) FEDERAL SHARE.— 

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

18 of program costs under each local coopera19 tion agreement under this paragraph shall 

20 be 75 percent. 

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

22 be in the form of reimbursements of pro23 gram costs. 

24 ‘‘(iii) CREDIT.—The non-Federal in25 terest may receive credit toward the nonVerDate Sep 11 2014 21:44 Feb 01, 2016 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H3382.RH H3382

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1 Federal share for the reasonable costs of re2 lated technical activities completed by the 

3 non-Federal interest before entering into a 

4 local cooperation agreement with the Assist5 ant Secretary under this paragraph. 

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

7 ‘‘(1) IN GENERAL.—The Secretary, the Adminis8 trator, and the Directors will coordinate with the 

9 Planning Agency to conduct public education and 

10 outreach programs, including encouraging— 

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

12 Lake Tahoe Basin to implement defensible space; 

13 and 

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

15 Lake Tahoe Basin and visitors to the Lake 

16 Tahoe Basin to help prevent the introduction 

17 and proliferation of invasive species. 

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

19 The Director of the United States Geological Survey 

20 shall provide scientific and technical guidance to pub21 lic outreach and education programs conducted under 

22 this subsection. 

23 ‘‘(3) REQUIRED COORDINATION.—Public out24 reach and education programs for aquatic invasive 

25 species under this subsection shall— 


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1 ‘‘(A) be coordinated with county govern2 ments in the Lake Tahoe Basin and Lake Tahoe 

3 Basin tourism and business organizations; and 

4 ‘‘(B) include provisions for the programs to 

5 extend outside of the Lake Tahoe Basin. 

6 ‘‘(e) EFFECTIVENESS EVALUATING AND MONI7 TORING.—In carrying out this Act, the Secretary, the Ad8 ministrator, and the Directors, in coordination with the 

9 Planning Agency and States of California and Nevada, 

10 shall— 

11 ‘‘(1) develop and implement a plan for inte12 grated monitoring, assessment, and applied research 

13 to evaluate the effectiveness programs funded under 

14 this Act; and 

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

16 section funds for monitoring and assessment of results 

17 at the program level.’’. 

18 SEC. 7. TECHNICAL CORRECTIONS AND CONFORMING 

19 AMENDMENTS. 

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

21 Lake Tahoe Restoration Act (Public Law 106–506; 114 

22 Stat. 2353) is amended by striking ‘‘basin’’ and inserting 

23 ‘‘Basin’’. 

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

25 the Lake Tahoe Restoration Act (Public Law 106–506; 114 


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1 Stat. 2358) is amended by inserting ‘‘, Director, or Admin2 istrator’’ after ‘‘Secretary’’. 

3 (c) TAHOE REGIONAL PLANNING COMPACT UPDATE.— 

4 Paragraph (c) of Article V of the Tahoe Regional Planning 

5 Compact included in the first section of Public Law 96– 

6 551 (94 Stat. 3233) is amended by inserting after ‘‘main7 tain the regional plan’’ the following: ‘‘and, in so doing, 

8 shall ensure that the regional plan reflects changing eco9 nomic conditions and the economic effect of regulation on 

10 commerce’’. 

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 12 of the Lake Tahoe Restoration Act (Public 

13 Law 106–506; 114 Stat. 2358) is amended to read as fol14 lows: 

15 ‘‘SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

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

17 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 to 

20 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 de10 posited in a special fund in the Treasury, which 

11 shall be available to the Secretary as provided in 

12 subparagraph (B). 

13 ‘‘(B) AVAILABILITY AND USE.—Fees depos14 ited under subparagraph (A) shall be available 

15 to the Secretary, in such amounts as may be 

16 provided in an Act making appropriations for 

17 the Forest Service for a fiscal year, for the pur18 pose of providing additional funds to carry out 

19 this Act in excess of amounts appropriated pur20 suant to the authorization of appropriations in 

21 subsection (a). 

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

23 and expenditure of fees deposited under subpara24 graph (A) shall be subject to appropriation and 

25 such fiscal-year limitation as may be specified 


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1 in an Act making appropriations for the Forest 

2 Service for a fiscal year. 

3 ‘‘(2) USE OF RETAINED FEES.— 

4 ‘‘(A) FEES COLLECTED FOR RECREATION

5 SPECIAL USES.—In the case of fees collected for 

6 recreation special uses within the Lake Tahoe 

7 Basin Management Unit that are deposited 

8 under paragraph (1) and appropriated for a fis9 cal year, the Secretary shall use the funds to es10 tablish, maintain, and expand recreation im11 provements, specifically existing and traditional 

12 uses, within the Lake Tahoe Basin Management 

13 Unit, including trails, facilities, activities, inter14 pretation, and on-the-ground presence of Forest 

15 Service personnel. 

16 ‘‘(B) FEES COLLECTED FOR NON-RECRE17 ATION SPECIAL USES.—In the case of fees col18 lected for non-recreation special uses within the 

19 Lake Tahoe Basin Management Unit that are 

20 deposited under paragraph (1) and appropriated 

21 for a fiscal year, the Secretary shall use the 

22 funds to support other activities authorized by 

23 this Act. 

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

25 shall make decisions under paragraph (2) regarding 


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1 the use of fees appropriated for a fiscal year through 

2 a collaborative process with representatives from local 

3 governments, such as county supervisors and county 

4 commissioners, with jurisdiction over lands within 

5 the Lake Tahoe Basin Management Unit. 

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

7 available to carry out this Act— 

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

9 made available to the Secretary, the Administrator, 

10 or the Directors for expenditure in the Lake Tahoe 

11 Basin; and 

12 ‘‘(2) shall not reduce allocations for other Re13 gions of the Forest Service. 

14 ‘‘(e) COST-SHARING REQUIREMENT.—Except as pro15 vided in subsection (b)(3) of section 5 of this Act, as amend16 ed by section 5 of the Lake Tahoe Restoration Act of 2015, 

17 funds for activities under section 5 of this Act shall be avail18 able for obligation on a dollar-for-dollar basis with funding 

19 of restoration activities in the Lake Tahoe Basin by the 

20 States of California and Nevada.’’. 


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1 SEC. 9. LAND CONVEYANCES TO IMPROVE MANAGEMENT 

2 EFFICIENCIES OF STATE AND FEDERAL 

3 LANDS. 

4 (a) CALIFORNIA CONVEYANCE.—Section 3(b) of Public 

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

6 Santini-Burton Act) is amended— 

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

8 following: 

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

10 ‘‘(1) IN GENERAL.—Land’’; and 

11 (2) by adding at the end the following new para12 graph: 

13 ‘‘(2) CONVEYANCE TO CALIFORNIA.— 

14 ‘‘(A) IN GENERAL.—If the State of Cali15 fornia (acting through the California Tahoe Con16 servancy and the California Department of 

17 Parks and Recreation) offers to donate to the 

18 United States acceptable title to the non-Federal 

19 land described in subparagraph (B)(i), the Sec20 retary of Agriculture— 

21 ‘‘(i) may accept the offer; and 

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

23 date on which the Secretary receives accept24 able title to the non-Federal land described 

25 in subparagraph (B)(i), convey to the State 

26 of California, subject to valid existing rights 


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1 and for no consideration, all right, title, 

2 and interest of the United States in and to 

3 the Federal land that is acceptable to the 

4 State of California. 

5 ‘‘(B) DESCRIPTION OF LAND.— 

6 ‘‘(i) NON-FEDERAL LAND.—The non7 Federal land referred to in subparagraph 

8 (A) includes— 

9 ‘‘(I) the approximately 1,981 

10 acres of land administered by the Cali11 fornia Tahoe Conservancy and identi12 fied on the Maps as ‘Conservancy to 

13 the United States Forest Service’; and 

14 ‘‘(II) the approximately 187 acres 

15 of land administered by California 

16 State Parks and identified on the 

17 Maps as ‘State Parks to the U.S. For18 est Service’. 

19 ‘‘(ii) FEDERAL LAND.—The Federal 

20 land referred to in subparagraph (A) in21 cludes the approximately 1,995 acres of 

22 Forest Service land identified on the Maps 

23 as ‘U.S. Forest Service to Conservancy and 

24 State Parks’. 


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

2 authorized under this paragraph shall— 

3 ‘‘(i) be for the purpose of consolidating 

4 Federal and State ownerships and improv5 ing management efficiencies; and 

6 ‘‘(ii) not result in any substantial re7 duction in public access or reduction in 

8 availability of existing and traditional pub9 lic recreation uses. 

10 ‘‘(D) CONTINUATION OF SPECIAL USE PER11 MITS.—The land conveyance authorized under 

12 this paragraph shall be subject to the condition 

13 that the State of California accept all special use 

14 permits applicable, as of the date of the enact15 ment of this subparagraph, to the National For16 est System land described in subparagraph 

17 (B)(ii) for the duration of such permits, and sub18 ject to the terms and conditions of such per19 mits.’’. 

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

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

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

23 paragraph (2), as added by subsection (a)(2), the following 

24 new paragraph: 

25 ‘‘(3) CONVEYANCE TO NEVADA.— 


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

2 State of Nevada, the Secretary of Agriculture 

3 may convey, without consideration, the land or 

4 interests in land described in subparagraph (B) 

5 to the State, subject to appropriate deed restric6 tions to protect public access and existing or tra7 ditional public recreational uses of the conveyed 

8 land. 

9 ‘‘(B) DESCRIPTION OF LAND.—The land re10 ferred to in subparagraph (A) includes the ap11 proximately 39 acres of National Forest System 

12 land identified on the map entitled ‘State of Ne13 vada Conveyances’ as ‘Van Sickle Unit USFS 

14 Inholding’. 

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

16 authorized under this paragraph shall— 

17 ‘‘(i) be for the purpose of consolidating 

18 Federal and State ownerships and improv19 ing management efficiencies; and 

20 ‘‘(ii) not result in any substantial re21 duction in public access or reduction in 

22 availability of existing and traditional pub23 lic recreation uses. 

24 ‘‘(D) CONTINUATION OF SPECIAL USE PER25 MITS.—The land conveyance authorized under 


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1 this paragraph shall be subject to the condition 

2 that the State of Nevada accept all special use 

3 permits applicable, as of the date of the enact4 ment of this subparagraph, to the National For5 est System land described in subparagraph (B) 

6 for the duration of such permits, and subject to 

7 the terms and conditions of such permits.’’. 

8 (c) AUTHORIZATION FOR CONVEYANCE OF FOREST

9 SERVICE URBAN LOTS.— 

10 (1) CONVEYANCE AUTHORITY.—The Secretary of 

11 Agriculture is authorized to convey all urban lots 

12 within the Lake Tahoe Basin under the administra13 tive jurisdiction of the Forest Service. 

14 (2) CONSIDERATION.—A conveyance under the 

15 authority of paragraph (1) shall require consideration 

16 in an amount equal to the fair-market value of the 

17 conveyed lot. 

18 (3) AVAILABILITY AND USE.—The proceeds from 

19 conveyances under paragraph (1) shall be retained by 

20 the Secretary of Agriculture and used for the purpose 

21 of— 

22 (A) purchasing inholdings throughout the 

23 Lake Tahoe Basin; or 

24 (B) providing additional funds to carry out 

25 the Lake Tahoe Restoration Act (Public Law 


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1 106–506) in excess of amounts appropriated 

2 pursuant to the authorization of appropriations 

3 in section 12 of such Act, as amended by section 

4 8 of this Act. 

5 (4) OBLIGATION LIMIT.—The obligation and ex6 penditure of proceeds retained under this subsection 

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

8 be specified in an Act making appropriations for the 

9 Forest Service for a fiscal year. 

10 (5) INHOLDING DEFINED.—In paragraph (3)(A), 

11 the term ‘‘inholding’’ means a parcel of land that is 

12 surrounded on all sides by Federal land. 

13 SEC. 10. MODIFICATION OF LAND ACQUISITION AUTHORITY 

14 UNDER SANTINI-BURTON ACT AND SOUTH15 ERN NEVADA PUBLIC LAND MANAGEMENT 

16 ACT OF 1998. 

17 (a) ADDITIONAL LAND ACQUISITION CRITERIA.—Sec18 tion 3(a)(1) of Public Law 96–586 (94 Stat. 3383; com19 monly known as the Santini-Burton Act) is amended by 

20 adding before the period at the end of the first sentence the 

21 following: ‘‘and, with respect to any land acquisition under 

22 this section within the Lake Tahoe Basin Management Unit 

23 that is proposed after the date of the enactment of the Lake 

24 Tahoe Restoration Act of 2015, which will provide critical 

25 access for recreational use and resolve significant inholding 


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1 issues in that a parcel of land to be acquired is wholly sur2 rounded by Federal land’’. 

3 (b) CONSENT OF LOCAL GOVERNMENT REQUIRED.— 

4 Section 3(a) of Public Law 96–586 (94 Stat. 3383; com5 monly known as the Santini-Burton Act) is amended by 

6 adding at the end the following new paragraph: 

7 ‘‘(6) CONSENT OF LOCAL GOVERNMENT RE8 QUIRED.—With respect to any land acquisition under 

9 this section within the Lake Tahoe Basin Manage10 ment Unit that is proposed after the date of the enact11 ment of the Lake Tahoe Restoration Act of 2015, the 

12 Secretary of Agriculture shall obtain the consent of 

13 the government of the county within the boundaries of 

14 which the land is located before executing the land ac15 quisition.’’. 

16 (c) ADMINISTRATIVE EXPENSES.—Section 3 of Public 

17 Law 96–586 (94 Stat. 3383; commonly known as the 

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

19 following new subsection: 

20 ‘‘(h) ADMINISTRATIVE EXPENSES RELATED TO LAND

21 ADJUSTMENTS.—Amounts appropriated pursuant to the 

22 authorization of appropriations in subsection (g) shall be 

23 available to the Secretary of Agriculture to cover staffing 

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1 justments in the Lake Tahoe Basin Management Unit to 

2 create more efficient land management patterns.’’. 

3 (d) CONFORMING AMENDMENTS TO SOUTHERN NE4 VADA PUBLIC LAND MANAGEMENT ACT OF 1998.—Section 

5 5(a) of the Southern Nevada Public Land Management Act 

6 of 1998 (Public Law 105–263; 112 Stat. 2347) is amended 

7 by adding at the end the following new paragraph: 

8 ‘‘(4) ADDITIONAL REQUIREMENTS RELATED TO

9 ACQUISITIONS IN LAKE TAHOE BASIN MANAGEMENT

10 UNIT.—With respect to any land acquisition under 

11 this subsection within the Lake Tahoe Basin Manage12 ment Unit that is proposed after the date of the enact13 ment of the Lake Tahoe Restoration Act of 2015, the 

14 Secretary of Agriculture shall, before executing the 

15 land acquisition— 

16 ‘‘(A) obtain the consent of each county with17 in whose boundaries the parcel of land is located; 

18 and 

19 ‘‘(B) certify that, in addition to being envi20 ronmentally sensitive land, the parcel of land 

21 will provide critical access for recreational use 

22 and resolve significant inholding issues in that 

23 the parcel is wholly surrounded by National For24 est System land.’’. 


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1 SEC. 11. AVAILABILITY OF CATEGORICAL EXCLUSION FOR 

2 LAKE TAHOE HERBICIDE APPLICATIONS TO 

3 CONTROL CERTAIN AQUATIC WEEDS. 

4 (a) FINDING.—Congress finds that ongoing efforts to 

5 eradicate Eurasian watermilfoil and curlyleaf pondweed in 

6 Lake Tahoe, using mechanical methods has had only lim7 ited success, threatening the rest of Lake Tahoe with the 

8 spread of these non-native aquatic invasive plants. 

9 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.—Any 

10 project to be conducted by the Tahoe Regional Planning 

11 Agency that will use a registered herbicide to eradicate Eur12 asian watermilfoil and curlyleaf pondweed from the south 

13 end of Lake Tahoe, known as the Lake Tahoe Keys, is cat14 egorically excluded from the requirements of the National 

15 Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 

16 (c) REGISTERED HERBICIDE DEFINED.—In this sec17 tion, the term ‘‘registered herbicide’’ means a herbicide that 

18 is approved by the United States Environmental Protection 

19 Agency and the California Environmental Protection Agen20 cy for aquatic use. 


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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 enpurposes. tivities in the Lake Tahoe Basin, and for other restoration activities, and forest management ac- hance recreational opportunities, environmental 

FEBRUARY 1, 2016 

Reported from the Committee on Natural Resources with 

an amendment 

FEBRUARY 1, 2016 

The Committees on Agriculture and Transportation and 

dered to be printed of the Whole House on the State of the Union and orInfrastructure discharged; committed to the Committee 


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