I 

111TH CONGRESS 

1ST SESSION H. R. 4001 

To provide for environmental restoration activities and forest management 

activities in the Lake Tahoe Basin. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2009 

Mr. HELLER (for himself, Mr. MCCLINTOCK, Ms. BERKLEY, and Ms. TITUS) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committees on Transportation 

and Infrastructure and Agriculture, 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 provide for environmental restoration activities and forest 

management activities in the Lake Tahoe Basin. 

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 This Act may be cited as the ‘‘Lake Tahoe Restora5 tion Act of 2009’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 The Lake Tahoe Restoration Act (Public Law 106– 

3 506; 114 Stat. 2351) is amended by striking section 2 

4 and inserting the following: 

5 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

6 ‘‘(a) FINDINGS.—Congress finds that— 

7 ‘‘(1) Lake Tahoe— 

8 ‘‘(A) is 1 of the largest, deepest, and clear9 est lakes in the world; 

10 ‘‘(B) has a cobalt blue color, a biologically 

11 diverse alpine setting, and remarkable water 

12 clarity; and 

13 ‘‘(C) is recognized nationally and world14 wide as a natural resource of special signifi15 cance; 

16 ‘‘(2) in addition to being a scenic and ecological 

17 treasure, the Lake Tahoe Basin is 1 of the out18 standing recreational resources of the United States, 

19 which— 

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

21 camping, and hiking to millions of visitors each 

22 year; and 

23 ‘‘(B) contributes significantly to the econo24 mies of California, Nevada, and the United 

25 States; 


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1 ‘‘(3) the economy in the Lake Tahoe Basin is 

2 dependent on the protection and restoration of the 

3 natural beauty and recreation opportunities in the 

4 area; 

5 ‘‘(4) the Lake Tahoe Basin continues to be 

6 threatened by the impacts of land use and transpor7 tation patterns developed in the last century that 

8 damage the fragile watershed of the Basin; 

9 ‘‘(5) the water clarity of Lake Tahoe declined 

10 from a visibility level of 105 feet in 1967 to only 70 

11 feet in 2008; 

12 ‘‘(6) the rate of decline in water clarity of Lake 

13 Tahoe has decreased in recent years; 

14 ‘‘(7) a stable water clarity level for Lake Tahoe 

15 could be achieved through feasible control measures 

16 for very fine sediment particles and nutrients; 

17 ‘‘(8) fine sediments that cloud Lake Tahoe, and 

18 key nutrients such as phosphorus and nitrogen that 

19 support the growth of algae and invasive plants, con20 tinue to flow into the lake from stormwater runoff 

21 from developed areas, roads, turf, other disturbed 

22 land, and streams; 

23 ‘‘(9) the destruction and alteration of wetland, 

24 wet meadows, and stream zone habitat have com25 promised the natural capacity of the watershed to 


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1 filter sediment, nutrients, and pollutants before 

2 reaching Lake Tahoe; 

3 ‘‘(10) approximately 25 percent of the trees in 

4 the Lake Tahoe Basin are either dead or dying; 

5 ‘‘(11) forests in the Tahoe Basin suffer from 

6 over a century of fire suppression and periodic 

7 drought, which have resulted in— 

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

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

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

11 fuels, which significantly increases the threat of 

12 catastrophic fire and insect infestation; 

13 ‘‘(12) the establishment of several aquatic and 

14 terrestrial invasive species (including bass, milfoil, 

15 and Asian clam) threatens the ecosystem of the 

16 Lake Tahoe Basin; 

17 ‘‘(13) there is an ongoing threat to the Lake 

18 Tahoe Basin of the introduction and establishment 

19 of other invasive species (such as the zebra mussel, 

20 New Zealand mud snail, and quagga mussel); 

21 ‘‘(14) the report prepared by the University of 

22 California, Davis, entitled the ‘State of the Lake Re23 port’, found that conditions in the Lake Tahoe 

24 Basin had changed, including— 


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1 ‘‘(A) the average surface water tempera2 ture of Lake Tahoe has risen by more than 1.5 

3 degrees Fahrenheit in the past 37 years; and 

4 ‘‘(B) since 1910, the percent of precipita5 tion that has fallen as snow in the Lake Tahoe 

6 Basin decreased from 52 percent to 34 percent; 

7 ‘‘(15) 75 percent of the land in the Lake Tahoe 

8 Basin is owned by the Federal Government, which 

9 makes it a Federal responsibility to restore environ10 mental health to the Basin; 

11 ‘‘(16) the Federal Government has a long his12 tory of environmental preservation at Lake Tahoe, 

13 including— 

14 ‘‘(A) congressional consent to the estab15 lishment of the Tahoe Regional Planning Agen16 cy with— 

17 ‘‘(i) the enactment in 1969 of Public 

18 Law 91–148 (83 Stat. 360); and 

19 ‘‘(ii) the enactment in 1980 of Public 

20 Law 96–551 (94 Stat. 3233); 

21 ‘‘(B) the establishment of the Lake Tahoe 

22 Basin Management Unit in 1973; 

23 ‘‘(C) the enactment of Public Law 96–586 

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1 quisition of environmentally sensitive land and 

2 erosion control grants in the Lake Tahoe Basin; 

3 ‘‘(D) the enactment of sections 341 and 

4 342 of the Department of the Interior and Re5 lated Agencies Appropriations Act, 2004 (Pub6 lic Law 108–108; 117 Stat. 1317), which 

7 amended the Southern Nevada Public Land 

8 Management Act of 1998 (Public Law 105– 

9 263; 112 Stat. 2346) to provide payments for 

10 the environmental restoration projects under 

11 this Act; and 

12 ‘‘(E) the enactment of section 382 of the 

13 Tax Relief and Health Care Act of 2006 (Pub14 lic Law 109–432; 120 Stat. 3045), which 

15 amended the Southern Nevada Public Land 

16 Management Act of 1998 (Public Law 105– 

17 263; 112 Stat. 2346) to authorize development 

18 and implementation of a comprehensive 10-year 

19 hazardous fuels and fire prevention plan for the 

20 Lake Tahoe Basin; 

21 ‘‘(17) the Assistant Secretary of the Army for 

22 Civil Works was an original signatory in 1997 to the 

23 Agreement of Federal Departments on Protection of 

24 the Environment and Economic Health of the Lake 

25 Tahoe Basin; 


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1 ‘‘(18) the Chief of Engineers, under direction 

2 from the Assistant Secretary of the Army for Civil 

3 Works, has continued to be a significant contributor 

4 to Lake Tahoe Basin restoration, including— 

5 ‘‘(A) stream and wetland restoration; 

6 ‘‘(B) urban stormwater conveyance and 

7 treatment; and 

8 ‘‘(C) programmatic technical assistance; 

9 ‘‘(19) at the Lake Tahoe Presidential Forum in 

10 1997, the President renewed the commitment of the 

11 Federal Government to Lake Tahoe by— 

12 ‘‘(A) committing to increased Federal re13 sources for environmental restoration at Lake 

14 Tahoe; and 

15 ‘‘(B) establishing the Federal Interagency 

16 Partnership and Federal Advisory Committee to 

17 consult on natural resources issues concerning 

18 the Lake Tahoe Basin; 

19 ‘‘(20) at the 2008 and 2009 Lake Tahoe Fo20 rums, Senator Reid, Senator Feinstein, Senator En21 sign, and Governor Gibbons— 

22 ‘‘(A) renewed their commitment to Lake 

23 Tahoe; and 


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1 ‘‘(B) expressed their desire to fund the 

2 Federal share of the Environmental Improve3 ment Program through 2018; 

4 ‘‘(21) since 1997, the Federal Government, the 

5 States of California and Nevada, units of local gov6 ernment, and the private sector have contributed 

7 more than $1,430,000,000 to the Lake Tahoe 

8 Basin, including— 

9 ‘‘(A) $424,000,000 from the Federal Gov10 ernment; 

11 ‘‘(B) $612,000,000 from the State of Cali12 fornia; 

13 ‘‘(C) $87,000,000 from the State of Ne14 vada; 

15 ‘‘(D) $59,000,000 from units of local gov16 ernment; and 

17 ‘‘(E) $249,000,000 from private interests; 

18 ‘‘(22) significant additional investment from 

19 Federal, State, local, and private sources is nec20 essary— 

21 ‘‘(A) to restore and sustain the environ22 mental health of the Lake Tahoe Basin; 

23 ‘‘(B) to adapt to the impacts of changing 

24 climatic conditions; and 


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1 ‘‘(C) to protect the Lake Tahoe Basin 

2 from the introduction and establishment of 

3 invasive species; and 

4 ‘‘(23) the Secretary has indicated that the Lake 

5 Tahoe Basin Management Unit has the capacity for 

6 at least $10,000,000 and up to $20,000,000 annu7 ally for the Fire Risk Reduction and Forest Manage8 ment Program. 

9 ‘‘(b) PURPOSES.—The purposes of this Act are— 

10 ‘‘(1) to enable the Chief of the Forest Service, 

11 the Director of the United States Fish and Wildlife 

12 Service, and the Administrator of the Environmental 

13 Protection Agency, in cooperation with the Planning 

14 Agency and the States of California and Nevada, to 

15 fund, plan, and implement significant new environ16 mental restoration activities and forest management 

17 activities to address in the Lake Tahoe Basin the 

18 issues described in paragraphs (4) through (14) of 

19 subsection (a); 

20 ‘‘(2) to ensure that Federal, State, local, re21 gional, tribal, and private entities continue to work 

22 together to manage land in the Lake Tahoe Basin 

23 and to coordinate on other activities in a manner 

24 that supports achievement and maintenance of— 


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1 ‘‘(A) the environmental threshold carrying 

2 capacities for the region; and 

3 ‘‘(B) other applicable environmental stand4 ards and objectives; 

5 ‘‘(3) to support local governments in efforts re6 lated to environmental restoration, stormwater pollu7 tion control, fire risk reduction, and forest manage8 ment activities; and 

9 ‘‘(4) to ensure that agency and science commu10 nity representatives in the Lake Tahoe Basin work 

11 together— 

12 ‘‘(A) to develop and implement a plan for 

13 integrated monitoring, assessment, and applied 

14 research to evaluate the effectiveness of the En15 vironmental Improvement Program; and 

16 ‘‘(B) to provide objective information as a 

17 basis for ongoing decisionmaking, with an em18 phasis on decisionmaking relating to public and 

19 private land use and resource management in 

20 the Basin.’’. 

21 SEC. 3. DEFINITIONS. 

22 The Lake Tahoe Restoration Act (Public Law 106– 

23 506; 114 Stat. 2351) is amended by striking section 3 

24 and inserting the following: 


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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) DIRECTOR.—The term ‘Director’ means 

16 the Director of the United States Fish and Wildlife 

17 Service. 

18 ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO19 GRAM.—The term ‘Environmental Improvement Pro20 gram’ means— 

21 ‘‘(A) the Environmental Improvement Pro22 gram adopted by the Planning Agency; and 

23 ‘‘(B) any amendments to the Program. 

24 ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING

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1 rying capacity’ has the meaning given the term in 

2 article II of the compact. 

3 ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Fed4 eral Partnership’ means the Lake Tahoe Federal 

5 Interagency Partnership established by Executive 

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

7 Executive order). 

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

9 term ‘forest management activity’ includes— 

10 ‘‘(A) prescribed burning for ecosystem 

11 health and hazardous fuels reduction; 

12 ‘‘(B) mechanical and minimum tool treat13 ment; 

14 ‘‘(C) road decommissioning or reconstruc15 tion; 

16 ‘‘(D) stream environment zone restoration 

17 and other watershed and wildlife habitat en18 hancements; 

19 ‘‘(E) nonnative invasive species manage20 ment; and 

21 ‘‘(F) other activities consistent with Forest 

22 Service practices, as the Secretary determines 

23 to be appropriate. 

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

25 term ‘national wildland fire code’ means— 


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

2 National Fire Protection Association code num3 bered 1141, 1142, or 1144; 

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

5 International Wildland-Urban Interface Code of 

6 the International Code Council; or 

7 ‘‘(C) any other code that the Secretary de8 termines provides the same, or better, stand9 ards for protection against wildland fire as a 

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

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

12 Agency’ means the Tahoe Regional Planning Agency 

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

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

15 ‘‘(12) PRIORITY LIST.—The term ‘Priority List’ 

16 means the environmental restoration priority list de17 veloped under section 8. 

18 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

19 means the Secretary of Agriculture, acting through 

20 the Chief of the Forest Service. 

21 ‘‘(14) TOTAL MAXIMUM DAILY LOAD.—The 

22 term ‘total maximum daily load’ means the total 

23 maximum daily load allocations adopted under sec24 tion 303(d) of the Federal Water Pollution Control 

25 Act (33 U.S.C. 1313(d)). 


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1 ‘‘(15) STREAM ENVIRONMENT ZONE.—The 

2 term ‘Stream Environment Zone’ means an area 

3 that generally owes the biological and physical char4 acteristics of the area to the presence of surface 

5 water or groundwater. 

6 ‘‘(16) WATERCRAFT.—The term ‘watercraft’ 

7 means all motorized and non-motorized watercraft, 

8 including boats, personal watercraft, kayaks, and ca9 noes.’’. 

10 SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MAN11 AGEMENT UNIT. 

12 Section 4 of the Lake Tahoe Restoration Act (Public 

13 Law 106–506; 114 Stat. 2353) is amended— 

14 (1) in subsection (b)(3), by striking ‘‘basin’’ 

15 and inserting ‘‘Basin’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(c) TRANSIT.— 

18 ‘‘(1) IN GENERAL.—The Lake Tahoe Basin 

19 Management Unit shall, consistent with the regional 

20 transportation plan adopted by the Planning Agen21 cy, manage vehicular parking and traffic in the Lake 

22 Tahoe Basin Management Unit, with priority 

23 given— 

24 ‘‘(A) to improving public access to the 

25 Lake Tahoe Basin, including the prioritization 


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1 of alternatives to the private automobile, con2 sistent with the requirements of the Compact; 

3 ‘‘(B) to coordinating with the Nevada De4 partment of Transportation, Caltrans, State 

5 parks, and other entities along Nevada High6 way 28 and California Highway 89; and 

7 ‘‘(C) to providing support and assistance 

8 to local public transit systems in the manage9 ment and operations of activities under this 

10 subsection. 

11 ‘‘(2) NATIONAL FOREST TRANSIT PROGRAM.— 

12 Consistent with the support and assistance provided 

13 under paragraph (1)(C), the Secretary, in consulta14 tion with the Secretary of Transportation, may enter 

15 into a contract, cooperative agreement, interagency 

16 agreement, or other agreement with the Department 

17 of Transportation to secure operating and capital 

18 funds from the National Forest Transit Program. 

19 ‘‘(d) FOREST MANAGEMENT ACTIVITIES.— 

20 ‘‘(1) COORDINATION.— 

21 ‘‘(A) IN GENERAL.—In conducting forest 

22 management activities in the Lake Tahoe Basin 

23 Management Unit, the Secretary shall, as ap24 propriate, coordinate with the Administrator 

25 and State and local agencies and organizations, 


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1 including local fire departments and volunteer 

2 groups. 

3 ‘‘(B) GOALS.—The coordination of activi4 ties under subparagraph (A) should aim to in5 crease efficiencies and maximize the compat6 ibility of management practices across public 

7 property boundaries. 

8 ‘‘(2) MULTIPLE BENEFITS.— 

9 ‘‘(A) IN GENERAL.—In conducting forest 

10 management activities in the Lake Tahoe Basin 

11 Management Unit, the Secretary shall conduct 

12 the activities in a manner that— 

13 ‘‘(i) except as provided in subpara14 graph (B), attains multiple ecosystem ben15 efits, including— 

16 ‘‘(I) reducing forest fuels; 

17 ‘‘(II) maintaining or restoring bi18 ological diversity; 

19 ‘‘(III) improving wetland and 

20 water quality, including in Stream 

21 Environment Zones; and 

22 ‘‘(IV) increasing resilience to 

23 changing climatic conditions; and 


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1 ‘‘(ii) helps achieve and maintain the 

2 environmental threshold carrying capacities 

3 established by the Planning Agency. 

4 ‘‘(B) EXCEPTION.—Notwithstanding 

5 clause (A)(i), the attainment of multiple eco6 system benefits shall not be required if the Sec7 retary determines that management for mul8 tiple ecosystem benefits would excessively in9 crease the cost of a project in relation to the 

10 additional ecosystem benefits gained from the 

11 management activity. 

12 ‘‘(3) GROUND DISTURBANCE.—Consistent with 

13 applicable Federal law and Lake Tahoe Basin Man14 agement Unit land and resource management plan 

15 direction, the Secretary shall— 

16 ‘‘(A) establish post-project ground condi17 tion criteria for ground disturbance caused by 

18 forest management activities; and 

19 ‘‘(B) provide for monitoring to ascertain 

20 the attainment of the post-project conditions. 

21 ‘‘(e) WITHDRAWAL OF FEDERAL LAND.— 

22 ‘‘(1) IN GENERAL.—Subject to valid existing 

23 rights and paragraph (2), the Federal land located 

24 in the Lake Tahoe Basin Management Unit is with25 drawn from— 


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1 ‘‘(A) all forms of entry, appropriation, or 

2 disposal under the public land laws; 

3 ‘‘(B) location, entry, and patent under the 

4 mining laws; and 

5 ‘‘(C) disposition under all laws relating to 

6 mineral and geothermal leasing. 

7 ‘‘(2) DETERMINATION.— 

8 ‘‘(A) IN GENERAL.—The withdrawal under 

9 paragraph (1) shall be in effect until the date 

10 on which the Secretary, after conducting a re11 view of all Federal land in the Lake Tahoe 

12 Basin Management Unit and receiving public 

13 input, has made a determination on which par14 cels of Federal land should remain withdrawn. 

15 ‘‘(B) REQUIREMENTS.—The determination 

16 of the Secretary under subparagraph (A)— 

17 ‘‘(i) shall be effective beginning on the 

18 date on which the determination is issued; 

19 ‘‘(ii) may be altered by the Secretary 

20 as the Secretary determines to be nec21 essary; and 

22 ‘‘(iii) shall not be subject to adminis23 trative renewal. 

24 ‘‘(f) ENVIRONMENTAL THRESHOLD CARRYING CA25 PACITY.—The Lake Tahoe Basin Management Unit shall 


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1 support the attainment of the environmental threshold 

2 carrying capacities. 

3 ‘‘(g) COOPERATIVE AUTHORITIES.— 

4 ‘‘(1) IN GENERAL.—During the 4 fiscal years 

5 following the date of enactment of the Lake Tahoe 

6 Restoration Act of 2009, the Secretary, in conjunc7 tion with land adjustment projects or programs, may 

8 enter into contracts and cooperative agreements with 

9 States, units of local government, and other public 

10 and private entities to provide for fuel reduction, 

11 erosion control, reforestation, Stream Environment 

12 Zone restoration, and similar management activities 

13 on Federal land and non-Federal land within the 

14 projects or programs. 

15 ‘‘(2) REPORT ON LAND STATUS.— 

16 ‘‘(A) IN GENERAL.—Not later than 2 years 

17 after the date of enactment of the Lake Tahoe 

18 Restoration Act of 2009, the Secretary shall 

19 submit to Congress a report regarding the man20 agement of land in the Lake Tahoe Basin Man21 agement Unit Urban Lots Program, includ22 ing— 

23 ‘‘(i) a description of future plans and 

24 recent actions for land consolidation and 

25 adjustment; and 


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1 ‘‘(ii) the identification of any obstacles 

2 to desired conveyances or interchanges. 

3 ‘‘(B) INCLUSIONS.—The report submitted 

4 under subparagraph (A) may contain rec5 ommendations for additional legislative author6 ity. 

7 ‘‘(C) EFFECT.—Nothing in this paragraph 

8 delays the conveyance of parcels under— 

9 ‘‘(i) the authority of this Act; or 

10 ‘‘(ii) any other authority available to 

11 the Secretary. 

12 ‘‘(3) SUPPLEMENTAL AUTHORITY.—The au13 thority of this subsection is supplemental to all other 

14 cooperative authorities of the Secretary.’’. 

15 SEC. 5. CONSULTATION. 

16 The Lake Tahoe Restoration Act (Public Law 106– 

17 506; 114 Stat. 2351) is amended by striking section 5 

18 and inserting the following: 

19 ‘‘SEC. 5. CONSULTATION. 

20 ‘‘In carrying out this Act, the Secretary, the Adminis21 trator, and the Director shall, as appropriate and in a 

22 timely manner, consult with the heads of the Washoe 

23 Tribe, applicable Federal, State, regional, and local gov24 ernmental agencies, and the Lake Tahoe Federal Advisory 

25 Committee.’’. 


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1 SEC. 6. AUTHORIZED PROJECTS. 

2 The Lake Tahoe Restoration Act (Public Law 106– 

3 506; 114 Stat. 2351) is amended by striking section 6 

4 and inserting the following: 

5 ‘‘SEC. 6. AUTHORIZED PROJECTS. 

6 ‘‘(a) IN GENERAL.—The Secretary, the Director, and 

7 the Administrator, in coordination with the Planning 

8 Agency and the States of California and Nevada, may 

9 carry out any project described in subsection (c) or in10 cluded in the Priority List under section 8 to further the 

11 purposes of the Environmental Improvement Program if 

12 the project has been subject to environmental review and 

13 approval, respectively, as required under Federal law, arti14 cle 7 of the Compact, and State law, as applicable. 

15 ‘‘(b) MONITORING AND ASSESSMENT.—All projects 

16 authorized under subsection (c) and section 8 shall— 

17 ‘‘(1) include funds for monitoring and assess18 ment of the results and effectiveness at the project 

19 and program level consistent with the program de20 veloped under section 11; and 

21 ‘‘(2) use the integrated multiagency perform22 ance measures established in the science program 

23 developed under that section. 

24 ‘‘(c) DESCRIPTION OF ACTIVITIES.— 

25 ‘‘(1) STORMWATER MANAGEMENT, EROSION

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1 MENTATION.—Of the amounts made available under 

2 section 18(a), $40,000,000 shall be used for the 

3 Federal share of the following projects: 

4 ‘‘(A) Bijou Stormwater Improvement 

5 Project in the City of South Lake Tahoe, Cali6 fornia. 

7 ‘‘(B) Christmas Valley Stormwater Im8 provement Project in El Dorado County, Cali9 fornia. 

10 ‘‘(C) Kings Beach Watershed Improvement 

11 Project in Placer County, California. 

12 ‘‘(D) Lake Forest Stormwater and Water13 shed Improvement Project in Placer County, 

14 California. 

15 ‘‘(E) Crystal Bay Stormwater Improve16 ment Project in Washoe County, Nevada. 

17 ‘‘(F) Washoe County Stormwater Improve18 ment Projects 4, 5, and 6 in Washoe County, 

19 Nevada. 

20 ‘‘(G) Upper and Lower Kingsbury Project 

21 in Douglas County, Nevada. 

22 ‘‘(H) Lake Village Drive-Phase II 

23 Stormwater Improvement in Douglas County, 

24 Nevada. 


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1 ‘‘(I) State Route 28 Spooner to Sand Har2 bor Stormwater Improvement, Washoe County, 

3 Nevada. 

4 ‘‘(J) State Route 431 Stormwater Im5 provement, Washoe County, Nevada. 

6 ‘‘(2) STREAM ENVIRONMENT ZONE AND WATER7 SHED RESTORATION.—Of the amounts made avail8 able under section 18(a), $32,000,000 shall be avail9 able for the Federal share of the following projects: 

10 ‘‘(A) Upper Truckee River and Marsh Res11 toration Project. 

12 ‘‘(B) Upper Truckee River Mosher, 

13 Reaches 1 & 2. 

14 ‘‘(C) Upper Truckee River Sunset Stables. 

15 ‘‘(D) Lower Blackwood Creek Restoration 

16 Project. 

17 ‘‘(E) Ward Creek. 

18 ‘‘(F) Third Creek/Incline Creek Watershed 

19 Restoration. 

20 ‘‘(G) Rosewood Creek Restoration Project. 

21 ‘‘(3) FIRE RISK REDUCTION AND FOREST MAN22 AGEMENT.— 

23 ‘‘(A) IN GENERAL.—Of the amounts made 

24 available under section 18(a), $136,000,000 


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1 shall be made available for the following 

2 projects: 

3 ‘‘(i) Projects identified as part of the 

4 Lake Tahoe Basin Multi-Jurisdictional 

5 Fuel Reduction and Wildfire Prevention 

6 Strategy 10-Year Plan. 

7 ‘‘(ii) Competitive grants for fuels work 

8 to be awarded by the Secretary to commu9 nities that have adopted national wildland 

10 fire codes to implement the applicable por11 tion of the 10-year plan described in clause 

12 (i). 

13 ‘‘(iii) Biomass projects, including fea14 sibility assessments and transportation of 

15 materials. 

16 ‘‘(iv) Angora Fire Restoration projects 

17 under the jurisdiction of the Secretary. 

18 ‘‘(B) MULTIPLE BENEFIT FUELS

19 PROJECTS.—Consistent with the requirements 

20 of section 4(d)(2), not more than $10,000,000 

21 of the amounts made available to carry out sub22 paragraph (A) shall be available to the Sec23 retary for the planning and implementation of 

24 multiple benefit fuels projects with an emphasis 


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1 on restoration projects in Stream Environment 

2 Zones. 

3 ‘‘(C) MINIMUM ALLOCATION.—Of the 

4 amounts made available to carry out subpara5 graph (A), at least $80,000,000 shall be made 

6 available to the Secretary for projects under 

7 subparagraph (A)(i). 

8 ‘‘(D) PRIORITY.—Units of local govern9 ment that have dedicated funding for inspec10 tions and enforcement of defensible space regu11 lations shall be given priority for amounts pro12 vided under this paragraph. 

13 ‘‘(E) COST-SHARING REQUIREMENTS.—As 

14 a condition on the receipt of funds, commu15 nities or local fire districts that receive funds 

16 under this paragraph shall provide a 25 percent 

17 match. 

18 ‘‘(4) INVASIVE SPECIES MANAGEMENT.—Of the 

19 amounts to be made available under section 18(a), 

20 $20,500,000 shall be made available for the Aquatic 

21 Invasive Species Program and the watercraft inspec22 tions described in section 9. 

23 ‘‘(5) SPECIAL STATUS SPECIES MANAGE24 MENT.—Of the amounts to be made available under 

25 section 18(a), $20,000,000 shall be made available 


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1 for the Lahontan Cutthroat Trout Recovery Pro2 gram. 

3 ‘‘(6) SCIENCE.—Of the amounts to be made 

4 available under section 18(a), $30,000,000 shall be 

5 used to develop and implement the science program 

6 developed under section 11. 

7 ‘‘(d) USE OF REMAINING FUNDS.—Any amounts 

8 made available under section 18(a) that remain available 

9 after projects described in subsection (c) have been funded 

10 shall be made available for projects included in the Pri11 ority List under section 8.’’. 

12 SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

13 The Lake Tahoe Restoration Act (Public Law 106– 

14 506; 114 Stat. 2351) is amended— 

15 (1) by striking sections 8 and 9; 

16 (2) by redesignating sections 10, 11, and 12 as 

17 sections 16, 17, and 18, respectively; and 

18 (3) by inserting after section 7 the following: 

19 ‘‘SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

20 ‘‘(a) FUNDING.—Subject to section 6(d), of the 

21 amounts to be made available under section 18(a), at least 

22 $136,000,000 shall be made available for projects identi23 fied on the Priority List. 

24 ‘‘(b) DEADLINE.—Not later than February 15 of the 

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1 toration Act of 2009, the Chair, in consultation with the 

2 Secretary, the Administrator, the Director, the Planning 

3 Agency, the States of California and Nevada, the Federal 

4 Partnership, the Washoe Tribe, the Lake Tahoe Federal 

5 Advisory Committee, and the Tahoe Science Consortium 

6 shall submit to Congress a prioritized list of all Environ7 mental Improvement Program projects for the Lake 

8 Tahoe Basin, regardless of program category. 

9 ‘‘(c) CRITERIA.— 

10 ‘‘(1) IN GENERAL.—The priority of projects in11 cluded in the Priority List shall be based on the best 

12 available science and the following criteria: 

13 ‘‘(A) The 5-year threshold carrying capac14 ity evaluation. 

15 ‘‘(B) The ability to measure progress or 

16 success of the project. 

17 ‘‘(C) The potential to significantly con18 tribute to the achievement and maintenance of 

19 the environmental threshold carrying capacities 

20 identified in the Compact for— 

21 ‘‘(i) air quality; 

22 ‘‘(ii) fisheries; 

23 ‘‘(iii) noise; 

24 ‘‘(iv) recreation; 

25 ‘‘(v) scenic resources; 


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1 ‘‘(vi) soil conservation; 

2 ‘‘(vii) forest health; 

3 ‘‘(viii) water quality; and 

4 ‘‘(ix) wildlife. 

5 ‘‘(D) The ability of a project to provide 

6 multiple benefits. 

7 ‘‘(E) The ability of a project to leverage 

8 non-Federal contributions. 

9 ‘‘(F) Stakeholder support for the project. 

10 ‘‘(G) The justification of Federal interest. 

11 ‘‘(H) Agency priority. 

12 ‘‘(I) Agency capacity. 

13 ‘‘(J) Cost-effectiveness. 

14 ‘‘(K) Federal funding history. 

15 ‘‘(2) SECONDARY FACTORS.—In addition to the 

16 criteria under paragraph (1), the Chair shall, as the 

17 Chair determines to be appropriate, give preference 

18 to projects in the Priority List that benefit existing 

19 neighborhoods in the Basin that are at or below re20 gional median income levels, based on the most re21 cent census data available. 

22 ‘‘(3) EROSION CONTROL PROJECTS.—For pur23 poses of the Priority List, erosion control projects 

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1 ment and total maximum daily load program of the 

2 Environmental Improvement Program. 

3 ‘‘(d) REVISIONS.— 

4 ‘‘(1) IN GENERAL.—The Priority List sub5 mitted under subsection (b) shall be revised— 

6 ‘‘(A) every 4 years; or 

7 ‘‘(B) on a finding of compelling need under 

8 paragraph (2). 

9 ‘‘(2) FINDING OF COMPELLING NEED.— 

10 ‘‘(A) IN GENERAL.—If the Secretary, the 

11 Administrator, or the Director makes a finding 

12 of compelling need justifying a priority shift 

13 and the finding is approved by the Secretary, 

14 the Executive Director of the Planning Agency, 

15 the California Resources Secretary, and the Di16 rector of the Nevada Department of Conserva17 tion, the Priority List shall be revised in ac18 cordance with this subsection. 

19 ‘‘(B) INCLUSIONS.—A finding of compel20 ling need includes— 

21 ‘‘(i) major scientific findings; 

22 ‘‘(ii) results from the threshold eval23 uation of the Planning Agency; 

24 ‘‘(iii) emerging environmental threats; 

25 and 


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1 ‘‘(iv) rare opportunities for land ac2 quisition. 

3 ‘‘SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION. 

4 ‘‘(a) IN GENERAL.—Not later than 60 days after the 

5 date of enactment of the Lake Tahoe Restoration Act of 

6 2009, the Director, in coordination with the Planning 

7 Agency, the California Department of Fish and Game, and 

8 the Nevada Department of Wildlife, shall deploy strategies 

9 that meet or exceed the criteria described in subsection 

10 (b) for preventing the introduction of aquatic invasive spe11 cies into the Lake Tahoe Basin. 

12 ‘‘(b) CRITERIA.—The strategies referred to in sub13 section (a) shall provide that— 

14 ‘‘(1) combined inspection and decontamination 

15 stations be established and operated at not less than 

16 2 locations in the Lake Tahoe Basin; 

17 ‘‘(2) watercraft not be allowed to launch in wa18 ters of the Lake Tahoe Basin if the watercraft— 

19 ‘‘(A) has been in waters infested by 

20 quagga or zebra mussels; 

21 ‘‘(B) shows evidence of invasive species 

22 that the Director has determined would be det23 rimental to the Lake Tahoe ecosystem; or 

24 ‘‘(C) cannot be reliably decontaminated in 

25 accordance with paragraph (3); 


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1 ‘‘(3) subject to paragraph (4), all watercraft 

2 surfaces and appurtenance (such as anchors and 

3 fenders) that contact with water shall be reliably de4 contaminated, based on standards developed by the 

5 Director using the best available science; 

6 ‘‘(4) watercraft bearing positive verification of 

7 having last launched within the Lake Tahoe Basin 

8 may be exempted from decontamination under para9 graph (3); and 

10 ‘‘(5) while in the Lake Tahoe Basin, all 

11 watercraft maintain documentation of compliance 

12 with the strategies deployed under this section. 

13 ‘‘(c) CERTIFICATION.—The Director may certify 

14 State agencies to perform the decontamination activities 

15 described in subsection (b)(3) at locations outside the 

16 Lake Tahoe Basin if standards at the sites meet or exceed 

17 standards for similar sites in the Lake Tahoe Basin estab18 lished under this section. 

19 ‘‘(d) APPLICABILITY.—The strategies and criteria de20 veloped under this section shall apply to all watercraft to 

21 be launched on water within the Lake Tahoe Basin. 

22 ‘‘(e) FEES.—The Director may collect and spend fees 

23 for decontamination only at a level sufficient to cover the 

24 costs of operation of inspection and decontamination sta25 tions under this section. 


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1 ‘‘(f) CIVIL PENALTIES.— 

2 ‘‘(1) IN GENERAL.—Any person that launches, 

3 attempts to launch, or facilitates launching of 

4 watercraft not in compliance with strategies de5 ployed under this section shall be liable for a civil 

6 penalty in an amount not to exceed $1,000 per viola7 tion. 

8 ‘‘(2) OTHER AUTHORITIES.—Any penalties as9 sessed under this subsection shall be separate from 

10 penalties assessed under any other authority. 

11 ‘‘(g) LIMITATION.—The strategies and criteria under 

12 subsections (a) and (b), respectively, may be modified if 

13 the Secretary of the Interior, in a nondelegable capacity 

14 and in consultation with the Planning Agency and State 

15 governments, issues a determination that alternative 

16 measures will be no less effective at preventing introduc17 tion of aquatic invasive species into Lake Tahoe than the 

18 strategies and criteria. 

19 ‘‘(h) FUNDING.—Of the amounts made available 

20 under section 6(c)(4), not more than $500,000 shall be 

21 made available to the Director, in coordination with the 

22 Planning Agency and State governments— 

23 ‘‘(1) to evaluate the feasibility, cost, and poten24 tial effectiveness of further efforts that could be un25 dertaken by the Federal Government, State and 


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1 local governments, or private entities to guard 

2 against introduction of aquatic invasive species into 

3 Lake Tahoe, including the potential establishment of 

4 inspection and decontamination stations on major 

5 transitways entering the Lake Tahoe Basin; and 

6 ‘‘(2) to evaluate and identify options for ensur7 ing that all waters connected to Lake Tahoe are pro8 tected from quagga and zebra mussels and other 

9 aquatic invasive species. 

10 ‘‘(i) SUPPLEMENTAL AUTHORITY.—The authority 

11 under this section is supplemental to all actions taken by 

12 non-Federal regulatory authorities. 

13 ‘‘SEC. 10. ARMY CORPS OF ENGINEERS; INTERAGENCY 

14 AGREEMENTS. 

15 ‘‘(a) IN GENERAL.—The Assistant Secretary may 

16 enter into interagency agreements with non-Federal inter17 ests in the Lake Tahoe Basin to use Lake Tahoe Partner18 ship-Miscellaneous General Investigations funds to provide 

19 programmatic technical assistance for the Environmental 

20 Improvement Program. 

21 ‘‘(b) LOCAL COOPERATION AGREEMENTS.— 

22 ‘‘(1) IN GENERAL.—Before providing technical 

23 assistance under this section, the Assistant Sec24 retary shall enter into a local cooperation agreement 


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1 with a non-Federal interest to provide for the tech2 nical assistance. 

3 ‘‘(2) COMPONENTS.—The agreement entered 

4 into under paragraph (1) shall— 

5 ‘‘(A) describe the nature of the technical 

6 assistance; 

7 ‘‘(B) describe any legal and institutional 

8 structures necessary to ensure the effective 

9 long-term viability of the end products by the 

10 non-Federal interest; and 

11 ‘‘(C) include cost-sharing provisions in ac12 cordance with paragraph (3). 

13 ‘‘(3) FEDERAL SHARE.— 

14 ‘‘(A) IN GENERAL.—The Federal share of 

15 project costs under each local cooperation 

16 agreement under this subsection shall be 65 

17 percent. 

18 ‘‘(B) FORM.—The Federal share may be in 

19 the form of reimbursements of project costs. 

20 ‘‘(C) CREDIT.—The non-Federal interest 

21 may receive credit toward the non-Federal 

22 share for the reasonable costs of related tech23 nical activities completed by the non-Federal in24 terest before entering into a local cooperation 


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1 agreement with the Assistant Secretary under 

2 this subsection. 

3 ‘‘SEC. 11. SCIENCE PROGRAM. 

4 ‘‘The Administrator, in cooperation with the Sec5 retary, the Planning Agency, the States of California and 

6 Nevada, and the Tahoe Science Consortium, shall develop 

7 and implement a Lake Tahoe Science Program that— 

8 ‘‘(1) develops and regularly updates an inte9 grated multiagency programmatic assessment and 

10 monitoring plan— 

11 ‘‘(A) to evaluate the effectiveness of the 

12 Environmental Improvement Program; 

13 ‘‘(B) to evaluate the status and trends of 

14 indicators related to environmental threshold 

15 carrying capacities; and 

16 ‘‘(C) to assess the impacts and risks of 

17 changing climatic conditions and invasive spe18 cies; 

19 ‘‘(2) develops a comprehensive set of perform20 ance measures for Environmental Improvement Pro21 gram assessment; 

22 ‘‘(3) coordinates the development of the annual 

23 report described in section 13; 

24 ‘‘(4) produces and synthesizes scientific infor25 mation necessary for— 


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1 ‘‘(A) the identification and refinement of 

2 environmental indicators for the Lake Tahoe 

3 Basin; and 

4 ‘‘(B) the evaluation of standards and 

5 benchmarks; 

6 ‘‘(5) conducts applied research, programmatic 

7 technical assessments, scientific data management, 

8 analysis, and reporting related to key management 

9 questions; 

10 ‘‘(6) develops new tools and information to sup11 port objective assessments of land use and resource 

12 conditions; 

13 ‘‘(7) provides scientific and technical support to 

14 the Federal Government and State and local govern15 ments in— 

16 ‘‘(A) reducing stormwater runoff, air depo17 sition, and other pollutants that contribute to 

18 the loss of lake clarity; and 

19 ‘‘(B) the development and implementation 

20 of an integrated stormwater monitoring and as21 sessment program; 

22 ‘‘(8) establishes and maintains independent 

23 peer review processes— 

24 ‘‘(A) to evaluate the Environmental Im25 provement Program; and 


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1 ‘‘(B) to assess the technical adequacy and 

2 scientific consistency of central environmental 

3 documents, such as the 5-year threshold review; 

4 and 

5 ‘‘(9) provides scientific and technical support 

6 for the development of appropriate management 

7 strategies to accommodate changing climatic condi8 tions in the Lake Tahoe Basin. 

9 ‘‘SEC. 12. PUBLIC OUTREACH AND EDUCATION. 

10 ‘‘(a) IN GENERAL.—The Secretary, Administrator, 

11 and Director will coordinate with the Planning Agency to 

12 conduct public education and outreach programs, includ13 ing encouraging— 

14 ‘‘(1) owners of land and residences in the Lake 

15 Tahoe Basin— 

16 ‘‘(A) to implement defensible space; and 

17 ‘‘(B) to conduct best management prac18 tices for water quality; and 

19 ‘‘(2) owners of land and residences in the Lake 

20 Tahoe Basin and visitors to the Lake Tahoe Basin, 

21 to help prevent the introduction and proliferation of 

22 invasive species as part of the private share invest23 ment in the Environmental Improvement Program. 


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1 ‘‘(b) REQUIRED COORDINATION.—Public outreach 

2 and education programs for aquatic invasive species under 

3 this section shall— 

4 ‘‘(1) be coordinated with Lake Tahoe Basin 

5 tourism and business organizations; and 

6 ‘‘(2) include provisions for the programs to ex7 tend outside of the Lake Tahoe Basin. 

8 ‘‘SEC. 13. REPORTING REQUIREMENTS. 

9 ‘‘Not later than February 15 of each year, the Chair, 

10 in cooperation with the Secretary, the Director, the Ad11 ministrator, the Planning Agency, and the States of Cali12 fornia and Nevada, shall submit to Congress a report that 

13 describes— 

14 ‘‘(1) the status of all Federal, State, local, and 

15 private projects authorized under this Act, including 

16 to the maximum extent practicable, for projects that 

17 will receive Federal funds under this Act during the 

18 current or subsequent fiscal year— 

19 ‘‘(A) the project scope; 

20 ‘‘(B) the budget for the project; and 

21 ‘‘(C) the justification for the project, con22 sistent with the criteria established in section 

23 8(c)(1); 

24 ‘‘(2) Federal, State, local, and private expendi25 tures in the preceding fiscal year to implement the 


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1 Environmental Improvement Program and projects 

2 otherwise authorized under this Act; 

3 ‘‘(3) accomplishments in the preceding fiscal 

4 year in implementing this Act in accordance with the 

5 performance measures and other monitoring and as6 sessment activities; and 

7 ‘‘(4) public education and outreach efforts un8 dertaken to implement programs and projects au9 thorized under this Act. 

10 ‘‘SEC. 14. ANNUAL BUDGET PLAN. 

11 ‘‘As part of the annual budget of the President, the 

12 President shall submit information regarding each Federal 

13 agency involved in the Environmental Improvement Pro14 gram (including the Forest Service, the Environmental 

15 Protection Agency, and the United States Fish and Wild16 life Service), including— 

17 ‘‘(1) an interagency crosscut budget that dis18 plays the proposed budget for use by each Federal 

19 agency in carrying out restoration activities relating 

20 to the Environmental Improvement Program for the 

21 following fiscal year; 

22 ‘‘(2) a detailed accounting of all amounts re23 ceived and obligated by Federal agencies to achieve 

24 the goals of the Environmental Improvement Pro25 gram during the preceding fiscal year; and 


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1 ‘‘(3) a description of the Federal role in the 

2 Environmental Improvement Program, including the 

3 specific role of each agency involved in the restora4 tion of the Lake Tahoe Basin. 

5 ‘‘SEC. 15. GRANT FOR WATERSHED STRATEGY. 

6 ‘‘(a) IN GENERAL.—Of the amounts to be made 

7 available under section 18(a), the Administrator shall use 

8 not more than $500,000 to provide a grant, on a competi9 tive basis, to States, federally recognized Indian tribes, 

10 interstate agencies, other public or nonprofit agencies and 

11 institutions, or institutions of higher education to develop 

12 a Lake Tahoe Basin watershed strategy in coordination 

13 with the Planning Agency, the States of California and 

14 Nevada, and the Secretary. 

15 ‘‘(b) COMMENT.—In developing the watershed strat16 egy under subsection (a), the grant recipients shall provide 

17 an opportunity for public review and comment. 

18 ‘‘(c) COMPONENTS.—The watershed strategy devel19 oped under subsection (a) shall include— 

20 ‘‘(1) a classification system, inventory, and as21 sessment of stream environment zones; 

22 ‘‘(2) comprehensive watershed characterization 

23 and restoration priorities consistent with— 

24 ‘‘(A) the Lake Tahoe total maximum daily 

25 load; and 


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1 ‘‘(B) the environmental threshold carrying 

2 capacities of Lake Tahoe; 

3 ‘‘(3) a monitoring and assessment program con4 sistent with section 11; and 

5 ‘‘(4) an adaptive management system— 

6 ‘‘(A) to measure and evaluate progress; 

7 and 

8 ‘‘(B) to adjust the program. 

9 ‘‘(d) DEADLINE.—The watershed strategy developed 

10 under subsection (a) shall be completed by the date that 

11 is 2 years after the date on which funds are made available 

12 to carry out this section.’’. 

13 SEC. 8. RELATIONSHIP TO OTHER LAWS. 

14 Section 17 of The Lake Tahoe Restoration Act (Pub15 lic Law 106–506; 114 Stat. 2358) (as redesignated by sec16 tion 7(2)) is amended by inserting ‘‘, Director, or Admin17 istrator’’ after ‘‘Secretary’’. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 The Lake Tahoe Restoration Act (Public Law 106– 

20 506; 114 Stat. 2351) is amended by striking section 18 

21 (as redesignated by section 7(2)) and inserting the fol22 lowing: 

23 ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There is authorized to be appro25 priated to carry out this Act $415,000,000 for a period 


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1 of 8 fiscal years beginning the first fiscal year after the 

2 date of enactment of the Lake Tahoe Restoration Act of 

3 2009. 

4 ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts author5 ized under this section and any amendments made by this 

6 Act— 

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

8 made available to the Secretary, Administrator, or 

9 Director for expenditure in the Lake Tahoe Basin; 

10 and 

11 ‘‘(2) shall not reduce allocations for other Re12 gions of the Forest Service, Environmental Protec13 tion Agency, or United States Fish and Wildlife 

14 Service. 

15 ‘‘(c) COST-SHARING REQUIREMENT.—Except as pro16 vided in subsection (d) and section 6(c)(3)(E), the States 

17 of California and Nevada shall pay 50 percent of the ag18 gregate costs of restoration activities in the Lake Tahoe 

19 Basin funded under section 6 or 8. 

20 ‘‘(d) RELOCATION COSTS.—Notwithstanding sub21 section (c), the Secretary shall provide to local utility districts 2 22 ⁄3 the costs of relocating facilities in connection 

23 with— 

24 ‘‘(1) environmental restoration projects under 

25 sections 6 and 8; and 


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1 ‘‘(2) erosion control projects under section 2 of 

2 Public Law 96–586 (94 Stat. 3381). 

3 ‘‘(e) SIGNAGE.—To the maximum extent practicable, 

4 a project provided assistance under this Act shall include 

5 appropriate signage at the project site that— 

6 ‘‘(1) provides information to the public on— 

7 ‘‘(A) the amount of Federal funds being 

8 provided to the project; and 

9 ‘‘(B) this Act; and 

10 ‘‘(2) displays the visual identity mark of the 

11 Environmental Improvement Program.’’. 

12 SEC. 10. CONFORMING AMENDMENTS. 

13 (a) ADMINISTRATION OF ACQUIRED LAND.—Section 

14 3(b) of Public Law 96–586 (94 Stat. 3384) is amended— 

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

16 following: 

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

18 ‘‘(1) IN GENERAL.—Land’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) INTERCHANGE.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding para22 graph (1), the Secretary of Agriculture (acting 

23 through the Chief of the Forest Service) (re24 ferred to in this paragraph as the ‘Secretary’) 

25 may interchange (as defined in the first section 


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1 of Public Law 97–465 (16 U.S.C. 521c)) any 

2 land or interest in land within the Lake Tahoe 

3 Basin Management Unit described in subpara4 graph (B) with appropriate units of State gov5 ernment. 

6 ‘‘(B) ELIGIBLE LAND.—The land or inter7 est in land referred to in subparagraph (A) is 

8 land or an interest in land that the Secretary 

9 determines is not subject to efficient adminis10 tration by the Secretary because of the location 

11 or size of the land. 

12 ‘‘(C) REQUIREMENTS.—In any interchange 

13 under this paragraph, the Secretary shall— 

14 ‘‘(i) insert in the applicable deed such 

15 terms, covenants, conditions, and reserva16 tions as the Secretary determines to be 

17 necessary to ensure— 

18 ‘‘(I) protection of the public in19 terest, including protection of the sce20 nic, wildlife, and recreational values of 

21 the National Forest System; and 

22 ‘‘(II) the provision for appro23 priate access to, and use of, land 

24 within the National Forest System; 


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1 ‘‘(ii) receive land within the Lake 

2 Tahoe Basin of approximately equal value 

3 (as defined in accordance with section 6(2) 

4 of Public Law 97–465 (96 Stat. 2535)); 

5 and 

6 ‘‘(iii) for the purposes of any environ7 mental assessment— 

8 ‘‘(I) assume the maintenance of 

9 the environmental status quo; and 

10 ‘‘(II) not be required to individ11 ually assess each parcel that is man12 aged under the Lake Tahoe Basin 

13 Management Unit Urban Lots Pro14 gram. 

15 ‘‘(D) USE OF LAND ACQUIRED BY UNITS

16 OF STATE GOVERNMENT.—Any unit of State 

17 government that receives National Forest Sys18 tem land through an exchange or transfer 

19 under this paragraph shall not convey the land 

20 to any person or entity other than the Federal 

21 Government or a State government.’’. 

22 (b) INTERAGENCY AGREEMENT FUNDING.—Section 

23 108(g) of title I of division C of the Consolidated Appro24 priations Act, 2005 (Public Law 108–447; 118 Stat. 


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1 2942) is amended by striking ‘‘$25,000,000’’ and insert2 ing ‘‘$75,000,000’’. 

Æ 


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