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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4001 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lake Tahoe Restoration Act of 
2009''.

SEC. 2. FINDINGS AND PURPOSES.

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

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) Lake Tahoe--
                    ``(A) is 1 of the largest, deepest, and clearest 
                lakes in the world;
                    ``(B) has a cobalt blue color, a biologically 
                diverse alpine setting, and remarkable water clarity; 
                and
                    ``(C) is recognized nationally and worldwide as a 
                natural resource of special significance;
            ``(2) in addition to being a scenic and ecological 
        treasure, the Lake Tahoe Basin is 1 of the outstanding 
        recreational resources of the United States, which--
                    ``(A) offers skiing, water sports, biking, camping, 
                and hiking to millions of visitors each year; and
                    ``(B) contributes significantly to the economies of 
                California, Nevada, and the United States;
            ``(3) the economy in the Lake Tahoe Basin is dependent on 
        the protection and restoration of the natural beauty and 
        recreation opportunities in the area;
            ``(4) the Lake Tahoe Basin continues to be threatened by 
        the impacts of land use and transportation patterns developed 
        in the last century that damage the fragile watershed of the 
        Basin;
            ``(5) the water clarity of Lake Tahoe declined from a 
        visibility level of 105 feet in 1967 to only 70 feet in 2008;
            ``(6) the rate of decline in water clarity of Lake Tahoe 
        has decreased in recent years;
            ``(7) a stable water clarity level for Lake Tahoe could be 
        achieved through feasible control measures for very fine 
        sediment particles and nutrients;
            ``(8) fine sediments that cloud Lake Tahoe, and key 
        nutrients such as phosphorus and nitrogen that support the 
        growth of algae and invasive plants, continue to flow into the 
        lake from stormwater runoff from developed areas, roads, turf, 
        other disturbed land, and streams;
            ``(9) the destruction and alteration of wetland, wet 
        meadows, and stream zone habitat have compromised the natural 
        capacity of the watershed to filter sediment, nutrients, and 
        pollutants before reaching Lake Tahoe;
            ``(10) approximately 25 percent of the trees in the Lake 
        Tahoe Basin are either dead or dying;
            ``(11) forests in the Tahoe Basin suffer from over a 
        century of fire suppression and periodic drought, which have 
        resulted in--
                    ``(A) high tree density and mortality;
                    ``(B) the loss of biological diversity; and
                    ``(C) a large quantity of combustible forest fuels, 
                which significantly increases the threat of 
                catastrophic fire and insect infestation;
            ``(12) the establishment of several aquatic and terrestrial 
        invasive species (including bass, milfoil, and Asian clam) 
        threatens the ecosystem of the Lake Tahoe Basin;
            ``(13) there is an ongoing threat to the Lake Tahoe Basin 
        of the introduction and establishment of other invasive species 
        (such as the zebra mussel, New Zealand mud snail, and quagga 
        mussel);
            ``(14) the report prepared by the University of California, 
        Davis, entitled the `State of the Lake Report', found that 
        conditions in the Lake Tahoe Basin had changed, including--
                    ``(A) the average surface water temperature of Lake 
                Tahoe has risen by more than 1.5 degrees Fahrenheit in 
                the past 37 years; and
                    ``(B) since 1910, the percent of precipitation that 
                has fallen as snow in the Lake Tahoe Basin decreased 
                from 52 percent to 34 percent;
            ``(15) 75 percent of the land in the Lake Tahoe Basin is 
        owned by the Federal Government, which makes it a Federal 
        responsibility to restore environmental health to the Basin;
            ``(16) the Federal Government has a long history of 
        environmental preservation at Lake Tahoe, including--
                    ``(A) congressional consent to the establishment of 
                the Tahoe Regional Planning Agency with--
                            ``(i) the enactment in 1969 of Public Law 
                        91-148 (83 Stat. 360); and
                            ``(ii) the enactment in 1980 of Public Law 
                        96-551 (94 Stat. 3233);
                    ``(B) the establishment of the Lake Tahoe Basin 
                Management Unit in 1973;
                    ``(C) the enactment of Public Law 96-586 (94 Stat. 
                3381) in 1980 to provide for the acquisition of 
                environmentally sensitive land and erosion control 
                grants in the Lake Tahoe Basin;
                    ``(D) the enactment of sections 341 and 342 of the 
                Department of the Interior and Related Agencies 
                Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 
                1317), which amended the Southern Nevada Public Land 
                Management Act of 1998 (Public Law 105-263; 112 Stat. 
                2346) to provide payments for the environmental 
                restoration projects under this Act; and
                    ``(E) the enactment of section 382 of the Tax 
                Relief and Health Care Act of 2006 (Public Law 109-432; 
                120 Stat. 3045), which amended the Southern Nevada 
                Public Land Management Act of 1998 (Public Law 105-263; 
                112 Stat. 2346) to authorize development and 
                implementation of a comprehensive 10-year hazardous 
                fuels and fire prevention plan for the Lake Tahoe 
                Basin;
            ``(17) the Assistant Secretary of the Army for Civil Works 
        was an original signatory in 1997 to the Agreement of Federal 
        Departments on Protection of the Environment and Economic 
        Health of the Lake Tahoe Basin;
            ``(18) the Chief of Engineers, under direction from the 
        Assistant Secretary of the Army for Civil Works, has continued 
        to be a significant contributor to Lake Tahoe Basin 
        restoration, including--
                    ``(A) stream and wetland restoration;
                    ``(B) urban stormwater conveyance and treatment; 
                and
                    ``(C) programmatic technical assistance;
            ``(19) at the Lake Tahoe Presidential Forum in 1997, the 
        President renewed the commitment of the Federal Government to 
        Lake Tahoe by--
                    ``(A) committing to increased Federal resources for 
                environmental restoration at Lake Tahoe; and
                    ``(B) establishing the Federal Interagency 
                Partnership and Federal Advisory Committee to consult 
                on natural resources issues concerning the Lake Tahoe 
                Basin;
            ``(20) at the 2008 and 2009 Lake Tahoe Forums, Senator 
        Reid, Senator Feinstein, Senator Ensign, and Governor Gibbons--
                    ``(A) renewed their commitment to Lake Tahoe; and
                    ``(B) expressed their desire to fund the Federal 
                share of the Environmental Improvement Program through 
                2018;
            ``(21) since 1997, the Federal Government, the States of 
        California and Nevada, units of local government, and the 
        private sector have contributed more than $1,430,000,000 to the 
        Lake Tahoe Basin, including--
                    ``(A) $424,000,000 from the Federal Government;
                    ``(B) $612,000,000 from the State of California;
                    ``(C) $87,000,000 from the State of Nevada;
                    ``(D) $59,000,000 from units of local government; 
                and
                    ``(E) $249,000,000 from private interests;
            ``(22) significant additional investment from Federal, 
        State, local, and private sources is necessary--
                    ``(A) to restore and sustain the environmental 
                health of the Lake Tahoe Basin;
                    ``(B) to adapt to the impacts of changing climatic 
                conditions; and
                    ``(C) to protect the Lake Tahoe Basin from the 
                introduction and establishment of invasive species; and
            ``(23) the Secretary has indicated that the Lake Tahoe 
        Basin Management Unit has the capacity for at least $10,000,000 
        and up to $20,000,000 annually for the Fire Risk Reduction and 
        Forest Management Program.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to enable the Chief of the Forest Service, the 
        Director of the United States Fish and Wildlife Service, and 
        the Administrator of the Environmental Protection Agency, in 
        cooperation with the Planning Agency and the States of 
        California and Nevada, to fund, plan, and implement significant 
        new environmental restoration activities and forest management 
        activities to address in the Lake Tahoe Basin the issues 
        described in paragraphs (4) through (14) of subsection (a);
            ``(2) to ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together to 
        manage land in the Lake Tahoe Basin and to coordinate on other 
        activities in a manner that supports achievement and 
        maintenance of--
                    ``(A) the environmental threshold carrying 
                capacities for the region; and
                    ``(B) other applicable environmental standards and 
                objectives;
            ``(3) to support local governments in efforts related to 
        environmental restoration, stormwater pollution control, fire 
        risk reduction, and forest management activities; and
            ``(4) to ensure that agency and science community 
        representatives in the Lake Tahoe Basin work together--
                    ``(A) to develop and implement a plan for 
                integrated monitoring, assessment, and applied research 
                to evaluate the effectiveness of the Environmental 
                Improvement Program; and
                    ``(B) to provide objective information as a basis 
                for ongoing decisionmaking, with an emphasis on 
                decisionmaking relating to public and private land use 
                and resource management in the Basin.''.

SEC. 3. DEFINITIONS.

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

``SEC. 3. DEFINITIONS.

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

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

    Section 4 of the Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2353) is amended--
            (1) in subsection (b)(3), by striking ``basin'' and 
        inserting ``Basin''; and
            (2) by adding at the end the following:
    ``(c) Transit.--
            ``(1) In general.--The Lake Tahoe Basin Management Unit 
        shall, consistent with the regional transportation plan adopted 
        by the Planning Agency, manage vehicular parking and traffic in 
        the Lake Tahoe Basin Management Unit, with priority given--
                    ``(A) to improving public access to the Lake Tahoe 
                Basin, including the prioritization of alternatives to 
                the private automobile, consistent with the 
                requirements of the Compact;
                    ``(B) to coordinating with the Nevada Department of 
                Transportation, Caltrans, State parks, and other 
                entities along Nevada Highway 28 and California Highway 
                89; and
                    ``(C) to providing support and assistance to local 
                public transit systems in the management and operations 
                of activities under this subsection.
            ``(2) National forest transit program.--Consistent with the 
        support and assistance provided under paragraph (1)(C), the 
        Secretary, in consultation with the Secretary of 
        Transportation, may enter into a contract, cooperative 
        agreement, interagency agreement, or other agreement with the 
        Department of Transportation to secure operating and capital 
        funds from the National Forest Transit Program.
    ``(d) Forest Management Activities.--
            ``(1) Coordination.--
                    ``(A) In general.--In conducting forest management 
                activities in the Lake Tahoe Basin Management Unit, the 
                Secretary shall, as appropriate, coordinate with the 
                Administrator and State and local agencies and 
                organizations, including local fire departments and 
                volunteer groups.
                    ``(B) Goals.--The coordination of activities under 
                subparagraph (A) should aim to increase efficiencies 
                and maximize the compatibility of management practices 
                across public property boundaries.
            ``(2) Multiple benefits.--
                    ``(A) In general.--In conducting forest management 
                activities in the Lake Tahoe Basin Management Unit, the 
                Secretary shall conduct the activities in a manner 
                that--
                            ``(i) except as provided in subparagraph 
                        (B), attains multiple ecosystem benefits, 
                        including--
                                    ``(I) reducing forest fuels;
                                    ``(II) maintaining or restoring 
                                biological diversity;
                                    ``(III) improving wetland and water 
                                quality, including in Stream 
                                Environment Zones; and
                                    ``(IV) increasing resilience to 
                                changing climatic conditions; and
                            ``(ii) helps achieve and maintain the 
                        environmental threshold carrying capacities 
                        established by the Planning Agency.
                    ``(B) Exception.--Notwithstanding clause (A)(i), 
                the attainment of multiple ecosystem benefits shall not 
                be required if the Secretary determines that management 
                for multiple ecosystem benefits would excessively 
                increase the cost of a project in relation to the 
                additional ecosystem benefits gained from the 
                management activity.
            ``(3) Ground disturbance.--Consistent with applicable 
        Federal law and Lake Tahoe Basin Management Unit land and 
        resource management plan direction, the Secretary shall--
                    ``(A) establish post-project ground condition 
                criteria for ground disturbance caused by forest 
                management activities; and
                    ``(B) provide for monitoring to ascertain the 
                attainment of the post-project conditions.
    ``(e) Withdrawal of Federal Land.--
            ``(1) In general.--Subject to valid existing rights and 
        paragraph (2), the Federal land located in the Lake Tahoe Basin 
        Management Unit is withdrawn from--
                    ``(A) all forms of entry, appropriation, or 
                disposal under the public land laws;
                    ``(B) location, entry, and patent under the mining 
                laws; and
                    ``(C) disposition under all laws relating to 
                mineral and geothermal leasing.
            ``(2) Determination.--
                    ``(A) In general.--The withdrawal under paragraph 
                (1) shall be in effect until the date on which the 
                Secretary, after conducting a review of all Federal 
                land in the Lake Tahoe Basin Management Unit and 
                receiving public input, has made a determination on 
                which parcels of Federal land should remain withdrawn.
                    ``(B) Requirements.--The determination of the 
                Secretary under subparagraph (A)--
                            ``(i) shall be effective beginning on the 
                        date on which the determination is issued;
                            ``(ii) may be altered by the Secretary as 
                        the Secretary determines to be necessary; and
                            ``(iii) shall not be subject to 
                        administrative renewal.
    ``(f) Environmental Threshold Carrying Capacity.--The Lake Tahoe 
Basin Management Unit shall support the attainment of the environmental 
threshold carrying capacities.
    ``(g) Cooperative Authorities.--
            ``(1) In general.--During the 4 fiscal years following the 
        date of enactment of the Lake Tahoe Restoration Act of 2009, 
        the Secretary, in conjunction with land adjustment projects or 
        programs, may enter into contracts and cooperative agreements 
        with States, units of local government, and other public and 
        private entities to provide for fuel reduction, erosion 
        control, reforestation, Stream Environment Zone restoration, 
        and similar management activities on Federal land and non-
        Federal land within the projects or programs.
            ``(2) Report on land status.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the Lake Tahoe Restoration Act of 
                2009, the Secretary shall submit to Congress a report 
                regarding the management of land in the Lake Tahoe 
                Basin Management Unit Urban Lots Program, including--
                            ``(i) a description of future plans and 
                        recent actions for land consolidation and 
                        adjustment; and
                            ``(ii) the identification of any obstacles 
                        to desired conveyances or interchanges.
                    ``(B) Inclusions.--The report submitted under 
                subparagraph (A) may contain recommendations for 
                additional legislative authority.
                    ``(C) Effect.--Nothing in this paragraph delays the 
                conveyance of parcels under--
                            ``(i) the authority of this Act; or
                            ``(ii) any other authority available to the 
                        Secretary.
            ``(3) Supplemental authority.--The authority of this 
        subsection is supplemental to all other cooperative authorities 
        of the Secretary.''.

SEC. 5. CONSULTATION.

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

``SEC. 5. CONSULTATION.

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

SEC. 6. AUTHORIZED PROJECTS.

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

``SEC. 6. AUTHORIZED PROJECTS.

    ``(a) In General.--The Secretary, the Director, and the 
Administrator, in coordination with the Planning Agency and the States 
of California and Nevada, may carry out any project described in 
subsection (c) or included in the Priority List under section 8 to 
further the purposes of the Environmental Improvement Program if the 
project has been subject to environmental review and approval, 
respectively, as required under Federal law, article 7 of the Compact, 
and State law, as applicable.
    ``(b) Monitoring and Assessment.--All projects authorized under 
subsection (c) and section 8 shall--
            ``(1) include funds for monitoring and assessment of the 
        results and effectiveness at the project and program level 
        consistent with the program developed under section 11; and
            ``(2) use the integrated multiagency performance measures 
        established in the science program developed under that 
        section.
    ``(c) Description of Activities.--
            ``(1) Stormwater management, erosion control, and total 
        maximum daily load implementation.--Of the amounts made 
        available under section 18(a), $40,000,000 shall be used for 
        the Federal share of the following projects:
                    ``(A) Bijou Stormwater Improvement Project in the 
                City of South Lake Tahoe, California.
                    ``(B) Christmas Valley Stormwater Improvement 
                Project in El Dorado County, California.
                    ``(C) Kings Beach Watershed Improvement Project in 
                Placer County, California.
                    ``(D) Lake Forest Stormwater and Watershed 
                Improvement Project in Placer County, California.
                    ``(E) Crystal Bay Stormwater Improvement Project in 
                Washoe County, Nevada.
                    ``(F) Washoe County Stormwater Improvement Projects 
                4, 5, and 6 in Washoe County, Nevada.
                    ``(G) Upper and Lower Kingsbury Project in Douglas 
                County, Nevada.
                    ``(H) Lake Village Drive-Phase II Stormwater 
                Improvement in Douglas County, Nevada.
                    ``(I) State Route 28 Spooner to Sand Harbor 
                Stormwater Improvement, Washoe County, Nevada.
                    ``(J) State Route 431 Stormwater Improvement, 
                Washoe County, Nevada.
            ``(2) Stream environment zone and watershed restoration.--
        Of the amounts made available under section 18(a), $32,000,000 
        shall be available for the Federal share of the following 
        projects:
                    ``(A) Upper Truckee River and Marsh Restoration 
                Project.
                    ``(B) Upper Truckee River Mosher, Reaches 1 & 2.
                    ``(C) Upper Truckee River Sunset Stables.
                    ``(D) Lower Blackwood Creek Restoration Project.
                    ``(E) Ward Creek.
                    ``(F) Third Creek/Incline Creek Watershed 
                Restoration.
                    ``(G) Rosewood Creek Restoration Project.
            ``(3) Fire risk reduction and forest management.--
                    ``(A) In general.--Of the amounts made available 
                under section 18(a), $136,000,000 shall be made 
                available for the following projects:
                            ``(i) Projects identified as part of the 
                        Lake Tahoe Basin Multi-Jurisdictional Fuel 
                        Reduction and Wildfire Prevention Strategy 10-
                        Year Plan.
                            ``(ii) Competitive grants for fuels work to 
                        be awarded by the Secretary to communities that 
                        have adopted national wildland fire codes to 
                        implement the applicable portion of the 10-year 
                        plan described in clause (i).
                            ``(iii) Biomass projects, including 
                        feasibility assessments and transportation of 
                        materials.
                            ``(iv) Angora Fire Restoration projects 
                        under the jurisdiction of the Secretary.
                    ``(B) Multiple benefit fuels projects.--Consistent 
                with the requirements of section 4(d)(2), not more than 
                $10,000,000 of the amounts made available to carry out 
                subparagraph (A) shall be available to the Secretary 
                for the planning and implementation of multiple benefit 
                fuels projects with an emphasis on restoration projects 
                in Stream Environment Zones.
                    ``(C) Minimum allocation.--Of the amounts made 
                available to carry out subparagraph (A), at least 
                $80,000,000 shall be made available to the Secretary 
                for projects under subparagraph (A)(i).
                    ``(D) Priority.--Units of local government that 
                have dedicated funding for inspections and enforcement 
                of defensible space regulations shall be given priority 
                for amounts provided under this paragraph.
                    ``(E) Cost-sharing requirements.--As a condition on 
                the receipt of funds, communities or local fire 
                districts that receive funds under this paragraph shall 
                provide a 25 percent match.
            ``(4) Invasive species management.--Of the amounts to be 
        made available under section 18(a), $20,500,000 shall be made 
        available for the Aquatic Invasive Species Program and the 
        watercraft inspections described in section 9.
            ``(5) Special status species management.--Of the amounts to 
        be made available under section 18(a), $20,000,000 shall be 
        made available for the Lahontan Cutthroat Trout Recovery 
        Program.
            ``(6) Science.--Of the amounts to be made available under 
        section 18(a), $30,000,000 shall be used to develop and 
        implement the science program developed under section 11.
    ``(d) Use of Remaining Funds.--Any amounts made available under 
section 18(a) that remain available after projects described in 
subsection (c) have been funded shall be made available for projects 
included in the Priority List under section 8.''.

SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended--
            (1) by striking sections 8 and 9;
            (2) by redesignating sections 10, 11, and 12 as sections 
        16, 17, and 18, respectively; and
            (3) by inserting after section 7 the following:

``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    ``(a) Funding.--Subject to section 6(d), of the amounts to be made 
available under section 18(a), at least $136,000,000 shall be made 
available for projects identified on the Priority List.
    ``(b) Deadline.--Not later than February 15 of the year after the 
date of enactment of the Lake Tahoe Restoration Act of 2009, the Chair, 
in consultation with the Secretary, the Administrator, the Director, 
the Planning Agency, the States of California and Nevada, the Federal 
Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory 
Committee, and the Tahoe Science Consortium shall submit to Congress a 
prioritized list of all Environmental Improvement Program projects for 
the Lake Tahoe Basin, regardless of program category.
    ``(c) Criteria.--
            ``(1) In general.--The priority of projects included in the 
        Priority List shall be based on the best available science and 
        the following criteria:
                    ``(A) The 5-year threshold carrying capacity 
                evaluation.
                    ``(B) The ability to measure progress or success of 
                the project.
                    ``(C) The potential to significantly contribute to 
                the achievement and maintenance of the environmental 
                threshold carrying capacities identified in the Compact 
                for--
                            ``(i) air quality;
                            ``(ii) fisheries;
                            ``(iii) noise;
                            ``(iv) recreation;
                            ``(v) scenic resources;
                            ``(vi) soil conservation;
                            ``(vii) forest health;
                            ``(viii) water quality; and
                            ``(ix) wildlife.
                    ``(D) The ability of a project to provide multiple 
                benefits.
                    ``(E) The ability of a project to leverage non-
                Federal contributions.
                    ``(F) Stakeholder support for the project.
                    ``(G) The justification of Federal interest.
                    ``(H) Agency priority.
                    ``(I) Agency capacity.
                    ``(J) Cost-effectiveness.
                    ``(K) Federal funding history.
            ``(2) Secondary factors.--In addition to the criteria under 
        paragraph (1), the Chair shall, as the Chair determines to be 
        appropriate, give preference to projects in the Priority List 
        that benefit existing neighborhoods in the Basin that are at or 
        below regional median income levels, based on the most recent 
        census data available.
            ``(3) Erosion control projects.--For purposes of the 
        Priority List, erosion control projects shall be considered 
        part of the stormwater management and total maximum daily load 
        program of the Environmental Improvement Program.
    ``(d) Revisions.--
            ``(1) In general.--The Priority List submitted under 
        subsection (b) shall be revised--
                    ``(A) every 4 years; or
                    ``(B) on a finding of compelling need under 
                paragraph (2).
            ``(2) Finding of compelling need.--
                    ``(A) In general.--If the Secretary, the 
                Administrator, or the Director makes a finding of 
                compelling need justifying a priority shift and the 
                finding is approved by the Secretary, the Executive 
                Director of the Planning Agency, the California 
                Resources Secretary, and the Director of the Nevada 
                Department of Conservation, the Priority List shall be 
                revised in accordance with this subsection.
                    ``(B) Inclusions.--A finding of compelling need 
                includes--
                            ``(i) major scientific findings;
                            ``(ii) results from the threshold 
                        evaluation of the Planning Agency;
                            ``(iii) emerging environmental threats; and
                            ``(iv) rare opportunities for land 
                        acquisition.

``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.

    ``(a) In General.--Not later than 60 days after the date of 
enactment of the Lake Tahoe Restoration Act of 2009, the Director, in 
coordination with the Planning Agency, the California Department of 
Fish and Game, and the Nevada Department of Wildlife, shall deploy 
strategies that meet or exceed the criteria described in subsection (b) 
for preventing the introduction of aquatic invasive species into the 
Lake Tahoe Basin.
    ``(b) Criteria.--The strategies referred to in subsection (a) shall 
provide that--
            ``(1) combined inspection and decontamination stations be 
        established and operated at not less than 2 locations in the 
        Lake Tahoe Basin;
            ``(2) watercraft not be allowed to launch in waters of the 
        Lake Tahoe Basin if the watercraft--
                    ``(A) has been in waters infested by quagga or 
                zebra mussels;
                    ``(B) shows evidence of invasive species that the 
                Director has determined would be detrimental to the 
                Lake Tahoe ecosystem; or
                    ``(C) cannot be reliably decontaminated in 
                accordance with paragraph (3);
            ``(3) subject to paragraph (4), all watercraft surfaces and 
        appurtenance (such as anchors and fenders) that contact with 
        water shall be reliably decontaminated, based on standards 
        developed by the Director using the best available science;
            ``(4) watercraft bearing positive verification of having 
        last launched within the Lake Tahoe Basin may be exempted from 
        decontamination under paragraph (3); and
            ``(5) while in the Lake Tahoe Basin, all watercraft 
        maintain documentation of compliance with the strategies 
        deployed under this section.
    ``(c) Certification.--The Director may certify State agencies to 
perform the decontamination activities described in subsection (b)(3) 
at locations outside the Lake Tahoe Basin if standards at the sites 
meet or exceed standards for similar sites in the Lake Tahoe Basin 
established under this section.
    ``(d) Applicability.--The strategies and criteria developed under 
this section shall apply to all watercraft to be launched on water 
within the Lake Tahoe Basin.
    ``(e) Fees.--The Director may collect and spend fees for 
decontamination only at a level sufficient to cover the costs of 
operation of inspection and decontamination stations under this 
section.
    ``(f) Civil Penalties.--
            ``(1) In general.--Any person that launches, attempts to 
        launch, or facilitates launching of watercraft not in 
        compliance with strategies deployed under this section shall be 
        liable for a civil penalty in an amount not to exceed $1,000 
        per violation.
            ``(2) Other authorities.--Any penalties assessed under this 
        subsection shall be separate from penalties assessed under any 
        other authority.
    ``(g) Limitation.--The strategies and criteria under subsections 
(a) and (b), respectively, may be modified if the Secretary of the 
Interior, in a nondelegable capacity and in consultation with the 
Planning Agency and State governments, issues a determination that 
alternative measures will be no less effective at preventing 
introduction of aquatic invasive species into Lake Tahoe than the 
strategies and criteria.
    ``(h) Funding.--Of the amounts made available under section 
6(c)(4), not more than $500,000 shall be made available to the 
Director, in coordination with the Planning Agency and State 
governments--
            ``(1) to evaluate the feasibility, cost, and potential 
        effectiveness of further efforts that could be undertaken by 
        the Federal Government, State and local governments, or private 
        entities to guard against introduction of aquatic invasive 
        species into Lake Tahoe, including the potential establishment 
        of inspection and decontamination stations on major transitways 
        entering the Lake Tahoe Basin; and
            ``(2) to evaluate and identify options for ensuring that 
        all waters connected to Lake Tahoe are protected from quagga 
        and zebra mussels and other aquatic invasive species.
    ``(i) Supplemental Authority.--The authority under this section is 
supplemental to all actions taken by non-Federal regulatory 
authorities.

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

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

``SEC. 11. SCIENCE PROGRAM.

    ``The Administrator, in cooperation with the Secretary, the 
Planning Agency, the States of California and Nevada, and the Tahoe 
Science Consortium, shall develop and implement a Lake Tahoe Science 
Program that--
            ``(1) develops and regularly updates an integrated 
        multiagency programmatic assessment and monitoring plan--
                    ``(A) to evaluate the effectiveness of the 
                Environmental Improvement Program;
                    ``(B) to evaluate the status and trends of 
                indicators related to environmental threshold carrying 
                capacities; and
                    ``(C) to assess the impacts and risks of changing 
                climatic conditions and invasive species;
            ``(2) develops a comprehensive set of performance measures 
        for Environmental Improvement Program assessment;
            ``(3) coordinates the development of the annual report 
        described in section 13;
            ``(4) produces and synthesizes scientific information 
        necessary for--
                    ``(A) the identification and refinement of 
                environmental indicators for the Lake Tahoe Basin; and
                    ``(B) the evaluation of standards and benchmarks;
            ``(5) conducts applied research, programmatic technical 
        assessments, scientific data management, analysis, and 
        reporting related to key management questions;
            ``(6) develops new tools and information to support 
        objective assessments of land use and resource conditions;
            ``(7) provides scientific and technical support to the 
        Federal Government and State and local governments in--
                    ``(A) reducing stormwater runoff, air deposition, 
                and other pollutants that contribute to the loss of 
                lake clarity; and
                    ``(B) the development and implementation of an 
                integrated stormwater monitoring and assessment 
                program;
            ``(8) establishes and maintains independent peer review 
        processes--
                    ``(A) to evaluate the Environmental Improvement 
                Program; and
                    ``(B) to assess the technical adequacy and 
                scientific consistency of central environmental 
                documents, such as the 5-year threshold review; and
            ``(9) provides scientific and technical support for the 
        development of appropriate management strategies to accommodate 
        changing climatic conditions in the Lake Tahoe Basin.

``SEC. 12. PUBLIC OUTREACH AND EDUCATION.

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

``SEC. 13. REPORTING REQUIREMENTS.

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

``SEC. 14. ANNUAL BUDGET PLAN.

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

``SEC. 15. GRANT FOR WATERSHED STRATEGY.

    ``(a) In General.--Of the amounts to be made available under 
section 18(a), the Administrator shall use not more than $500,000 to 
provide a grant, on a competitive basis, to States, federally 
recognized Indian tribes, interstate agencies, other public or 
nonprofit agencies and institutions, or institutions of higher 
education to develop a Lake Tahoe Basin watershed strategy in 
coordination with the Planning Agency, the States of California and 
Nevada, and the Secretary.
    ``(b) Comment.--In developing the watershed strategy under 
subsection (a), the grant recipients shall provide an opportunity for 
public review and comment.
    ``(c) Components.--The watershed strategy developed under 
subsection (a) shall include--
            ``(1) a classification system, inventory, and assessment of 
        stream environment zones;
            ``(2) comprehensive watershed characterization and 
        restoration priorities consistent with--
                    ``(A) the Lake Tahoe total maximum daily load; and
                    ``(B) the environmental threshold carrying 
                capacities of Lake Tahoe;
            ``(3) a monitoring and assessment program consistent with 
        section 11; and
            ``(4) an adaptive management system--
                    ``(A) to measure and evaluate progress; and
                    ``(B) to adjust the program.
    ``(d) Deadline.--The watershed strategy developed under subsection 
(a) shall be completed by the date that is 2 years after the date on 
which funds are made available to carry out this section.''.

SEC. 8. RELATIONSHIP TO OTHER LAWS.

    Section 17 of The Lake Tahoe Restoration Act (Public Law 106-506; 
114 Stat. 2358) (as redesignated by section 7(2)) is amended by 
inserting ``, Director, or Administrator'' after ``Secretary''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 18 (as redesignated by section 7(2)) and 
inserting the following:

``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There is authorized to be appropriated to carry 
out this Act $415,000,000 for a period of 8 fiscal years beginning the 
first fiscal year after the date of enactment of the Lake Tahoe 
Restoration Act of 2009.
    ``(b) Effect on Other Funds.--Amounts authorized under this section 
and any amendments made by this Act--
            ``(1) shall be in addition to any other amounts made 
        available to the Secretary, Administrator, or Director for 
        expenditure in the Lake Tahoe Basin; and
            ``(2) shall not reduce allocations for other Regions of the 
        Forest Service, Environmental Protection Agency, or United 
        States Fish and Wildlife Service.
    ``(c) Cost-Sharing Requirement.--Except as provided in subsection 
(d) and section 6(c)(3)(E), the States of California and Nevada shall 
pay 50 percent of the aggregate costs of restoration activities in the 
Lake Tahoe Basin funded under section 6 or 8.
    ``(d) Relocation Costs.--Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts \2/3\ the costs of 
relocating facilities in connection with--
            ``(1) environmental restoration projects under sections 6 
        and 8; and
            ``(2) erosion control projects under section 2 of Public 
        Law 96-586 (94 Stat. 3381).
    ``(e) Signage.--To the maximum extent practicable, a project 
provided assistance under this Act shall include appropriate signage at 
the project site that--
            ``(1) provides information to the public on--
                    ``(A) the amount of Federal funds being provided to 
                the project; and
                    ``(B) this Act; and
            ``(2) displays the visual identity mark of the 
        Environmental Improvement Program.''.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Administration of Acquired Land.--Section 3(b) of Public Law 
96-586 (94 Stat. 3384) is amended--
            (1) by striking ``(b) Lands'' and inserting the following:
    ``(b) Administration of Acquired Land.--
            ``(1) In general.--Land''; and
            (2) by adding at the end the following:
            ``(2) Interchange.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Secretary of Agriculture (acting through the Chief 
                of the Forest Service) (referred to in this paragraph 
                as the `Secretary') may interchange (as defined in the 
                first section of Public Law 97-465 (16 U.S.C. 521c)) 
                any land or interest in land within the Lake Tahoe 
                Basin Management Unit described in subparagraph (B) 
                with appropriate units of State government.
                    ``(B) Eligible land.--The land or interest in land 
                referred to in subparagraph (A) is land or an interest 
                in land that the Secretary determines is not subject to 
                efficient administration by the Secretary because of 
                the location or size of the land.
                    ``(C) Requirements.--In any interchange under this 
                paragraph, the Secretary shall--
                            ``(i) insert in the applicable deed such 
                        terms, covenants, conditions, and reservations 
                        as the Secretary determines to be necessary to 
                        ensure--
                                    ``(I) protection of the public 
                                interest, including protection of the 
                                scenic, wildlife, and recreational 
                                values of the National Forest System; 
                                and
                                    ``(II) the provision for 
                                appropriate access to, and use of, land 
                                within the National Forest System;
                            ``(ii) receive land within the Lake Tahoe 
                        Basin of approximately equal value (as defined 
                        in accordance with section 6(2) of Public Law 
                        97-465 (96 Stat. 2535)); and
                            ``(iii) for the purposes of any 
                        environmental assessment--
                                    ``(I) assume the maintenance of the 
                                environmental status quo; and
                                    ``(II) not be required to 
                                individually assess each parcel that is 
                                managed under the Lake Tahoe Basin 
                                Management Unit Urban Lots Program.
                    ``(D) Use of land acquired by units of state 
                government.--Any unit of State government that receives 
                National Forest System land through an exchange or 
                transfer under this paragraph shall not convey the land 
                to any person or entity other than the Federal 
                Government or a State government.''.
    (b) Interagency Agreement Funding.--Section 108(g) of title I of 
division C of the Consolidated Appropriations Act, 2005 (Public Law 
108-447; 118 Stat. 2942) is amended by striking ``$25,000,000'' and 
inserting ``$75,000,000''.
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