II 

Calendar No. 317 

112TH CONGRESS 

2D SESSION S. 432 

[Report No. 112–148] 

To provide for environmental restoration activities and forest management 

activities in the Lake Tahoe Basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2011 

Mrs. FEINSTEIN (for herself, Mr. REID, Mrs. BOXER, and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

FEBRUARY 7, 2012 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To provide for environmental restoration activities and forest 

management activities in the Lake Tahoe Basin, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Tahoe Restora5 tion Act of 2011’’. 


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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 

24 (94 Stat. 3381) in 1980 to provide for the acVerDate Mar 15 2010 22:38 Feb 07, 2012 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S432.RS S432

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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 water temperature and pre25 cipitation; 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 codes 

3 numbered 1141, 1142, 1143, and 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 motorized and non-motorized watercraft, in8 cluding 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 water 

24 temperature and precipitation; 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 paragraphs (2) and (3), the Federal land 

24 located in the Lake Tahoe Basin Management Unit 

25 is withdrawn 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. 


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1 ‘‘(3) EXCEPTIONS.—A land exchange shall be 

2 exempt from withdrawal under this subsection if car3 ried out under— 

4 ‘‘(A) the Lake Tahoe Restoration Act 

5 (Public Law 106–506; 114 Stat. 2351); or 

6 ‘‘(B) the Santini-Burton Act (Public Law 

7 96–586; 94 Stat. 3381). 

8 ‘‘(f) ENVIRONMENTAL THRESHOLD CARRYING CA9 PACITY.—The Lake Tahoe Basin Management Unit shall 

10 support the attainment of the environmental threshold 

11 carrying capacities. 

12 ‘‘(g) COOPERATIVE AUTHORITIES.— 

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

14 following the date of enactment of the Lake Tahoe 

15 Restoration Act of 2011, the Secretary, in conjunc16 tion with land adjustment projects or programs, may 

17 enter into contracts and cooperative agreements with 

18 States, units of local government, and other public 

19 and private entities to provide for fuel reduction, 

20 erosion control, reforestation, Stream Environment 

21 Zone restoration, and similar management activities 

22 on Federal land and non-Federal land within the 

23 projects or programs. 

24 ‘‘(2) REPORT ON LAND STATUS.— 


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

2 after the date of enactment of the Lake Tahoe 

3 Restoration Act of 2011, the Secretary shall 

4 submit to Congress a report regarding the man5 agement of land in the Lake Tahoe Basin Man6 agement Unit Urban Lots Program, includ7 ing— 

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

9 recent actions for land consolidation and 

10 adjustment; and 

11 ‘‘(ii) the identification of any obstacles 

12 to desired conveyances or interchanges. 

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

14 under subparagraph (A) may contain rec15 ommendations for additional legislative author16 ity. 

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

18 delays the conveyance of parcels under— 

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

20 ‘‘(ii) any other authority available to 

21 the Secretary. 

22 ‘‘(3) SUPPLEMENTAL AUTHORITY.—The au23 thority of this subsection is supplemental to all other 

24 cooperative authorities of the Secretary.’’. 


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1 SEC. 5. CONSULTATION. 

2 The Lake Tahoe Restoration Act (Public Law 106– 

3 506; 114 Stat. 2351) is amended by striking section 5 

4 and inserting the following: 

5 ‘‘SEC. 5. CONSULTATION. 

6 ‘‘In carrying out this Act, the Secretary, the Adminis7 trator, and the Director shall, as appropriate and in a 

8 timely manner, consult with the heads of the Washoe 

9 Tribe, applicable Federal, State, regional, and local gov10 ernmental agencies, and the Lake Tahoe Federal Advisory 

11 Committee.’’. 

12 SEC. 6. AUTHORIZED PROJECTS. 

13 The Lake Tahoe Restoration Act (Public Law 106– 

14 506; 114 Stat. 2351) is amended by striking section 6 

15 and inserting the following: 

16 ‘‘SEC. 6. AUTHORIZED PROJECTS. 

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

18 the Administrator, in coordination with the Planning 

19 Agency and the States of California and Nevada, may 

20 carry out or provide financial assistance to any project or 

21 program described in subsection (c) or included in the Pri22 ority List under section 8 to further the purposes of the 

23 Environmental Improvement Program if the project has 

24 been subject to environmental review and approval, respec25 tively, as required under Federal law, article 7 of the Com26 pact, and State law, as applicable. The Administrator shall 


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1 use no more than 3 percent of the funds provided for ad2 ministering the projects or programs described in sub3 section (c) (1) and (2). 

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

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

6 ‘‘(1) include funds for monitoring and assess7 ment of the results and effectiveness at the project 

8 and program level consistent with the program de9 veloped under section 11; and 

10 ‘‘(2) use the integrated multiagency perform11 ance measures established under that section. 

12 ‘‘(c) DESCRIPTION OF ACTIVITIES.— 

13 ‘‘(1) STORMWATER MANAGEMENT, EROSION

14 CONTROL, AND TOTAL MAXIMUM DAILY LOAD IMPLE15 MENTATION.—Of the amounts made available under 

16 section 18(a), $40,000,000 shall be made available 

17 for grants by the Administrator for the Federal 

18 share of the following projects: 

19 ‘‘(A) Bijou Stormwater Improvement 

20 Project in the City of South Lake Tahoe, Cali21 fornia. 

22 ‘‘(B) Christmas Valley Stormwater Im23 provement Project in El Dorado County, Cali24 fornia. 


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1 ‘‘(C) Kings Beach Watershed Improvement 

2 Project in Placer County, California. 

3 ‘‘(D) Lake Forest Stormwater and Water4 shed Improvement Project in Placer County, 

5 California. 

6 ‘‘(E) Crystal Bay Stormwater Improve7 ment Project in Washoe County, Nevada. 

8 ‘‘(F) Washoe County Stormwater Improve9 ment Projects 4, 5, and 6 in Washoe County, 

10 Nevada. 

11 ‘‘(G) Upper and Lower Kingsbury Project 

12 in Douglas County, Nevada. 

13 ‘‘(H) Lake Village Drive-Phase II 

14 Stormwater Improvement in Douglas County, 

15 Nevada. 

16 ‘‘(I) State Route 28 Spooner to Sand Har17 bor Stormwater Improvement, Washoe County, 

18 Nevada. 

19 ‘‘(J) State Route 431 Stormwater Im20 provement, Washoe County, Nevada. 

21 ‘‘(2) STREAM ENVIRONMENT ZONE AND WATER22 SHED RESTORATION.—Of the amounts made avail23 able under section 18(a), $32,000,000 shall be made 

24 available for grants by the Administrator for the 

25 Federal share of the following projects: 


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1 ‘‘(A) Upper Truckee River and Marsh Res2 toration Project. 

3 ‘‘(B) Upper Truckee River Mosher, 

4 Reaches 1 & 2. 

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

6 ‘‘(D) Lower Blackwood Creek Restoration 

7 Project. 

8 ‘‘(E) Ward Creek. 

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

10 Restoration. 

11 ‘‘(G) Rosewood Creek Restoration Project. 

12 ‘‘(3) FIRE RISK REDUCTION AND FOREST MAN13 AGEMENT.— 

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

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

16 shall be made available for assistance by the 

17 Secretary for the following projects: 

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

19 Lake Tahoe Basin Multi-Jurisdictional 

20 Fuel Reduction and Wildfire Prevention 

21 Strategy 10-Year Plan. 

22 ‘‘(ii) Competitive grants for fuels work 

23 to be awarded by the Secretary to commu24 nities that have adopted national wildland 

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1 tion of the 10-year plan described in clause 

2 (i). 

3 ‘‘(iii) Biomass projects, including fea4 sibility assessments and transportation of 

5 materials. 

6 ‘‘(iv) Angora Fire Restoration projects 

7 under the jurisdiction of the Secretary. 

8 ‘‘(v) Washoe Tribe projects on tribal 

9 lands within the Lake Tahoe Basin. 

10 ‘‘(B) MULTIPLE BENEFIT FUELS

11 PROJECTS.—Consistent with the requirements 

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

13 of the amounts made available to carry out sub14 paragraph (A) shall be available to the Sec15 retary for the planning and implementation of 

16 multiple benefit fuels projects with an emphasis 

17 on restoration projects in Stream Environment 

18 Zones. 

19 ‘‘(C) MINIMUM ALLOCATION.—Of the 

20 amounts made available to carry out subpara21 graph (A), at least $80,000,000 shall be made 

22 available to the Secretary for projects under 

23 subparagraph (A)(i). 

24 ‘‘(D) PRIORITY.—Units of local govern25 ment that have dedicated funding for inspecVerDate Mar 15 2010 22:38 Feb 07, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S432.RS S432

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1 tions and enforcement of defensible space regu2 lations shall be given priority for amounts pro3 vided under this paragraph. 

4 ‘‘(E) COST-SHARING REQUIREMENTS.— 

5 ‘‘(i) IN GENERAL.—As a condition on 

6 the receipt of funds, communities or local 

7 fire districts that receive funds under this 

8 paragraph shall provide a 25 percent 

9 match. 

10 ‘‘(ii) FORM OF NON-FEDERAL

11 SHARE.— 

12 ‘‘(I) IN GENERAL.—The non13 Federal share required under clause 

14 (i) may be in the form of cash con15 tributions or in-kind contributions, in16 cluding providing labor, equipment, 

17 supplies, space, and other operational 

18 needs. 

19 ‘‘(II) CREDIT FOR CERTAIN

20 DEDICATED FUNDING.—There shall 

21 be credited toward the non-Federal 

22 share required under clause (i) any 

23 dedicated funding of the communities 

24 or local fire districts for a fuels reduc25 tion management program, defensible 


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1 space inspections, or dooryard chip2 ping. 

3 ‘‘(III) DOCUMENTATION.—Com4 munities and local fire districts 

5 shall— 

6 ‘‘(aa) maintain a record of 

7 in-kind contributions that de8 scribes— 

9 ‘‘(AA) the monetary 

10 value of the in-kind con11 tributions; and 

12 ‘‘(BB) the manner in 

13 which the in-kind contribu14 tions assist in accomplishing 

15 project goals and objectives; 

16 and 

17 ‘‘(bb) document in all re18 quests for Federal funding, and 

19 include in the total project budg20 et, evidence of the commitment 

21 to provide the non-Federal share 

22 through in-kind contributions. 

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

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

25 $20,500,000 shall be made available to the Director 


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1 for the Aquatic Invasive Species Program and the 

2 watercraft inspections described in section 9. 

3 ‘‘(5) SPECIAL STATUS SPECIES MANAGE4 MENT.—Of the amounts to be made available under 

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

6 to the Director for the Lahontan Cutthroat Trout 

7 Recovery Program. 

8 ‘‘(6) LAKE TAHOE BASIN PROGRAM.—Of the 

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

10 $30,000,000 shall be used to develop and implement 

11 the Lake Tahoe Basin Program developed under 

12 section 11. 

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

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

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

16 shall be made available for projects included in the Pri17 ority List under section 8.’’. 

18 SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

19 The Lake Tahoe Restoration Act (Public Law 106– 

20 506; 114 Stat. 2351) is amended— 

21 (1) by striking sections 8 and 9; 

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

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

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


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

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

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

4 $136,000,000 shall be made available for projects identi5 fied on the Priority List. 

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

7 year after the date of enactment of the Lake Tahoe Res8 toration Act of 2011, the Chair, in consultation with the 

9 Secretary, the Administrator, the Director, the Planning 

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

11 Partnership, the Washoe Tribe, the Lake Tahoe Federal 

12 Advisory Committee, and the Tahoe Science Consortium 

13 shall submit to Congress a prioritized list of all Environ14 mental Improvement Program projects for the Lake 

15 Tahoe Basin, regardless of program category. 

16 ‘‘(c) CRITERIA.— 

17 ‘‘(1) IN GENERAL.—The priority of projects in18 cluded in the Priority List shall be based on the best 

19 available science and the following criteria: 

20 ‘‘(A) The 5-year threshold carrying capac21 ity evaluation. 

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

23 success of the project. 

24 ‘‘(C) The potential to significantly con25 tribute to the achievement and maintenance of 


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1 the environmental threshold carrying capacities 

2 identified in the Compact for— 

3 ‘‘(i) air quality; 

4 ‘‘(ii) fisheries; 

5 ‘‘(iii) noise; 

6 ‘‘(iv) recreation; 

7 ‘‘(v) scenic resources; 

8 ‘‘(vi) soil conservation; 

9 ‘‘(vii) forest health; 

10 ‘‘(viii) water quality; and 

11 ‘‘(ix) wildlife. 

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

13 multiple benefits. 

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

15 non-Federal contributions. 

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

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

18 ‘‘(H) Agency priority. 

19 ‘‘(I) Agency capacity. 

20 ‘‘(J) Cost-effectiveness. 

21 ‘‘(K) Federal funding history. 

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

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

24 Chair determines to be appropriate, give preference 

25 to projects in the Priority List that benefit existing 


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1 neighborhoods in the Basin that are at or below re2 gional median income levels, based on the most re3 cent census data available. 

4 ‘‘(3) EROSION CONTROL PROJECTS.—For pur5 poses of the Priority List and section 6(c)(1), ero6 sion control projects shall be considered part of the 

7 stormwater management and total maximum daily 

8 load program of the Environmental Improvement 

9 Program. The Administrator shall coordinate with 

10 the Secretary on such projects. 

11 ‘‘(d) REVISIONS.— 

12 ‘‘(1) IN GENERAL.—The Priority List sub13 mitted under subsection (b) shall be revised— 

14 ‘‘(A) every 4 years; or 

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

16 paragraph (2). 

17 ‘‘(2) FINDING OF COMPELLING NEED.— 

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

19 Administrator, or the Director makes a finding 

20 of compelling need justifying a priority shift 

21 and the finding is approved by the Secretary, 

22 the Executive Director of the Planning Agency, 

23 the California Natural Resources Secretary, and 

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1 servation, the Priority List shall be revised in 

2 accordance with this subsection. 

3 ‘‘(B) INCLUSIONS.—A finding of compel4 ling need includes— 

5 ‘‘(i) major scientific findings; 

6 ‘‘(ii) results from the threshold eval7 uation of the Planning Agency; 

8 ‘‘(iii) emerging environmental threats; 

9 and 

10 ‘‘(iv) rare opportunities for land ac11 quisition. 

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

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

14 date of enactment of the Lake Tahoe Restoration Act of 

15 2011, the Director, in coordination with the Planning 

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

17 the Nevada Department of Wildlife, shall deploy strategies 

18 that meet or exceed the criteria described in subsection 

19 (b) for preventing the introduction of aquatic invasive spe20 cies into the Lake Tahoe Basin. 

21 ‘‘(b) CRITERIA.—The strategies referred to in sub22 section (a) shall provide that— 

23 ‘‘(1) combined inspection and decontamination 

24 stations be established and operated at not less than 

25 2 locations in the Lake Tahoe Basin; 


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1 ‘‘(2) watercraft not be allowed to launch in 

2 waters of the Lake Tahoe Basin if the watercraft— 

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

4 quagga or zebra mussels; 

5 ‘‘(B) shows evidence of invasive species 

6 that the Director has determined would be det7 rimental to the Lake Tahoe ecosystem; and 

8 ‘‘(C) cannot be reliably decontaminated in 

9 accordance with paragraph (3); 

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

11 surfaces and appurtenance (such as anchors and 

12 fenders) that contact with water shall be reliably de13 contaminated, based on standards developed by the 

14 Director using the best available science; 

15 ‘‘(4) watercraft bearing positive verification of 

16 having last launched within the Lake Tahoe Basin 

17 may be exempted from decontamination under para18 graph (3); and 

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

20 watercraft maintain documentation of compliance 

21 with the strategies deployed under this section. 

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

23 State agencies to perform the decontamination activities 

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

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


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1 standards for similar sites in the Lake Tahoe Basin estab2 lished under this section. 

3 ‘‘(d) APPLICABILITY.—The strategies and criteria de4 veloped under this section shall apply to all watercraft to 

5 be launched on water within the Lake Tahoe Basin. 

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

7 for decontamination only at a level sufficient to cover the 

8 costs of operation of inspection and decontamination sta9 tions under this section. 

10 ‘‘(f) CIVIL PENALTIES.— 

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

12 attempts to launch, or facilitates launching of 

13 watercraft not in compliance with strategies de14 ployed under this section shall be liable for a civil 

15 penalty in an amount not to exceed $1,000 per viola16 tion. 

17 ‘‘(2) OTHER AUTHORITIES.—Any penalties as18 sessed under this subsection shall be separate from 

19 penalties assessed under any other authority. 

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

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

22 the Secretary of the Interior, in a nondelegable capacity 

23 and in consultation with the Planning Agency and State 

24 governments, issues a determination that alternative 

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1 tion of aquatic invasive species into Lake Tahoe than the 

2 strategies and criteria. 

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

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

5 made available to the Director, in coordination with the 

6 Planning Agency and State governments— 

7 ‘‘(1) to evaluate the feasibility, cost, and poten8 tial effectiveness of further efforts that could be un9 dertaken by the Federal Government, State and 

10 local governments, or private entities to guard 

11 against introduction of aquatic invasive species into 

12 Lake Tahoe, including the potential establishment of 

13 inspection and decontamination stations on major 

14 transitways entering the Lake Tahoe Basin; and 

15 ‘‘(2) to evaluate and identify options for ensur16 ing that all waters connected to Lake Tahoe are pro17 tected from quagga and zebra mussels and other 

18 aquatic invasive species. 

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

20 under this section is supplemental to all actions taken by 

21 non-Federal regulatory authorities. 

22 ‘‘(j) SAVINGS CLAUSE.—Nothing in this title shall be 

23 construed as restricting, affecting, or amending any other 

24 law or the authority of any department, instrumentality, 

25 or agency of the United States, or any State or political 


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1 subdivision thereof, respecting the control of invasive spe2 cies. 

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

4 AGREEMENTS. 

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

6 enter into interagency agreements with non-Federal inter7 ests in the Lake Tahoe Basin to use Lake Tahoe Partner8 ship-Miscellaneous General Investigations funds to provide 

9 programmatic technical assistance for the Environmental 

10 Improvement Program. 

11 ‘‘(b) LOCAL COOPERATION AGREEMENTS.— 

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

13 assistance under this section, the Assistant Sec14 retary shall enter into a local cooperation agreement 

15 with a non-Federal interest to provide for the tech16 nical assistance. 

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

18 into under paragraph (1) shall— 

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

20 assistance; 

21 ‘‘(B) describe any legal and institutional 

22 structures necessary to ensure the effective 

23 long-term viability of the end products by the 

24 non-Federal interest; and 


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1 ‘‘(C) include cost-sharing provisions in ac2 cordance with paragraph (3). 

3 ‘‘(3) FEDERAL SHARE.— 

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

5 project costs under each local cooperation 

6 agreement under this subsection shall be 65 

7 percent. 

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

9 the form of reimbursements of project costs. 

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

11 may receive credit toward the non-Federal 

12 share for the reasonable costs of related tech13 nical activities completed by the non-Federal in14 terest before entering into a local cooperation 

15 agreement with the Assistant Secretary under 

16 this subsection. 

17 ‘‘SEC. 11. LAKE TAHOE BASIN PROGRAM. 

18 ‘‘The Administrator, in cooperation with the Sec19 retary, the Planning Agency, the States of California and 

20 Nevada, and the Tahoe Science Consortium, shall develop 

21 and implement the Lake Tahoe Basin Program that— 

22 ‘‘(1) develops and regularly updates an inte23 grated multiagency programmatic assessment and 

24 monitoring plan— 


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

2 Environmental Improvement Program; 

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

4 indicators related to environmental threshold 

5 carrying capacities; and 

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

7 changing climatic conditions water temperature 

8 and precipitation and invasive species; 

9 ‘‘(2) develops a comprehensive set of perform10 ance measures for Environmental Improvement Pro11 gram assessment; 

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

13 report described in section 13; 

14 ‘‘(4) produces and synthesizes scientific infor15 mation necessary for— 

16 ‘‘(A) the identification and refinement of 

17 environmental indicators for the Lake Tahoe 

18 Basin; and 

19 ‘‘(B) the evaluation of standards and 

20 benchmarks; 

21 ‘‘(5) conducts applied research, programmatic 

22 technical assessments, scientific data management, 

23 analysis, and reporting related to key management 

24 questions; 


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1 ‘‘(6) develops new tools and information to sup2 port objective assessments of land use and resource 

3 conditions; 

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

5 the Federal Government and State and local govern6 ments in— 

7 ‘‘(A) reducing stormwater runoff, air depo8 sition, and other pollutants that contribute to 

9 the loss of lake clarity; and 

10 ‘‘(B) the development and implementation 

11 of an integrated stormwater monitoring and as12 sessment program; 

13 ‘‘(8) establishes and maintains independent 

14 peer review processes— 

15 ‘‘(A) to evaluate the Environmental Im16 provement Program; and 

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

18 scientific consistency of central environmental 

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

20 and 

21 ‘‘(9) provides scientific and technical support 

22 for the development of appropriate management 

23 strategies to accommodate changing climatic condi24 tions water temperature and precipitation in the 

25 Lake Tahoe Basin. 


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

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

3 and Director will coordinate with the Planning Agency to 

4 conduct public education and outreach programs, includ5 ing encouraging— 

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

7 Tahoe Basin— 

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

9 ‘‘(B) to conduct best management prac10 tices for water quality; and 

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

12 Tahoe Basin and visitors to the Lake Tahoe Basin, 

13 to help prevent the introduction and proliferation of 

14 invasive species as part of the private share invest15 ment in the Environmental Improvement Program. 

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

17 and education programs for aquatic invasive species under 

18 this section shall— 

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

20 tourism and business organizations; and 

21 ‘‘(2) include provisions for the programs to ex22 tend outside of the Lake Tahoe Basin. 

23 ‘‘SEC. 13. REPORTING REQUIREMENTS. 

24 ‘‘Not later than February 15 of each year, the Ad25 ministrator, in cooperation with the Chair, the Secretary, 

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1 fornia and Nevada, consistent with section 6(c)(6) and 

2 section 11, shall submit to Congress a report that de3 scribes— 

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

5 private projects authorized under this Act, including 

6 to the maximum extent practicable, for projects that 

7 will receive Federal funds under this Act during the 

8 current or subsequent fiscal year— 

9 ‘‘(A) the project scope; 

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

11 ‘‘(C) the justification for the project, con12 sistent with the criteria established in section 

13 8(c)(1); 

14 ‘‘(2) Federal, State, local, and private expendi15 tures in the preceding fiscal year to implement the 

16 Environmental Improvement Program and projects 

17 otherwise authorized under this Act; 

18 ‘‘(3) accomplishments in the preceding fiscal 

19 year in implementing this Act in accordance with the 

20 performance measures and other monitoring and as21 sessment activities; and 

22 ‘‘(4) public education and outreach efforts un23 dertaken to implement programs and projects au24 thorized under this Act. 


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1 ‘‘SEC. 14. ANNUAL BUDGET PLAN. 

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

3 President shall submit information regarding each Federal 

4 agency involved in the Environmental Improvement Pro5 gram (including the Forest Service, the Environmental 

6 Protection Agency, and the United States Fish and Wild7 life Service), including— 

8 ‘‘(1) an interagency crosscut budget that dis9 plays the proposed budget for use by each Federal 

10 agency in carrying out restoration activities relating 

11 to the Environmental Improvement Program for the 

12 following fiscal year; 

13 ‘‘(2) a detailed accounting of all amounts re14 ceived and obligated by Federal agencies to achieve 

15 the goals of the Environmental Improvement Pro16 gram during the preceding fiscal year; and 

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

18 Environmental Improvement Program, including the 

19 specific role of each agency involved in the restora20 tion of the Lake Tahoe Basin. 

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

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

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

24 not more than $500,000 to provide a grant, on a competi25 tive basis, to States, federally recognized Indian tribes, 

26 interstate agencies, other public or nonprofit agencies and 


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1 institutions, or institutions of higher education to develop 

2 a Lake Tahoe Basin watershed strategy in coordination 

3 with the Planning Agency, the States of California and 

4 Nevada, and the Secretary. 

5 ‘‘(b) COMMENT.—In developing the watershed strat6 egy under subsection (a), the grant recipients shall provide 

7 an opportunity for public review and comment. 

8 ‘‘(c) COMPONENTS.—The watershed strategy devel9 oped under subsection (a) shall include— 

10 ‘‘(1) a classification system, inventory, and as11 sessment of stream environment zones; 

12 ‘‘(2) comprehensive watershed characterization 

13 and restoration priorities consistent with— 

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

15 load; and 

16 ‘‘(B) the environmental threshold carrying 

17 capacities of Lake Tahoe; 

18 ‘‘(3) a monitoring and assessment program con19 sistent with section 11; and 

20 ‘‘(4) an adaptive management system— 

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

22 and 

23 ‘‘(B) to adjust the program. 

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

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


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

2 to carry out this section.’’. 

3 SEC. 8. RELATIONSHIP TO OTHER LAWS. 

4 Section 17 of The Lake Tahoe Restoration Act (Pub5 lic Law 106–506; 114 Stat. 2358) (as redesignated by sec6 tion 7(2)) is amended by inserting ‘‘, Director, or Admin7 istrator’’ after ‘‘Secretary’’. 

8 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

9 The Lake Tahoe Restoration Act (Public Law 106– 

10 506; 114 Stat. 2351) is amended by striking section 18 

11 (as redesignated by section 7(2)) and inserting the fol12 lowing: 

13 ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) FUNDING.— 

15 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

16 There is authorized to be appropriated to carry out 

17 this Act $415,000,000 for a period of 10 fiscal years 

18 beginning the first fiscal year after the date of en19 actment of the Lake Tahoe Restoration Act of 2011. 

20 ‘‘(2) USE OF FUNDS.—As of the date of enact21 ment of the Lake Tahoe Restoration Act of 2011, of 

22 the funds authorized to be appropriated to be used 

23 to carry out sections 6 and 7, the Secretary may use 

24 such sums as are necessary to implement projects on 

25 the Priority List, to remain available until expended. 


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1 ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts author2 ized under this section and any amendments made by this 

3 Act— 

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

5 made available to the Secretary, Administrator, or 

6 Director for expenditure in the Lake Tahoe Basin; 

7 and 

8 ‘‘(2) shall not reduce allocations for other Re9 gions of the Forest Service, Environmental Protec10 tion Agency, or United States Fish and Wildlife 

11 Service. 

12 ‘‘(c) COST-SHARING REQUIREMENT.—Except as pro13 vided in subsection (d) and section 6(c)(3)(E), the States 

14 of California and Nevada shall pay 50 percent of the ag15 gregate costs of restoration activities in the Lake Tahoe 

16 Basin funded under section 6 or 8. 

17 ‘‘(d) RELOCATION COSTS.—Notwithstanding sub18 section (c), the Secretary shall provide to local utility dis19 tricts two-thirds of the costs of relocating facilities in con20 nection with— 

21 ‘‘(1) environmental restoration projects under 

22 sections 6 and 8; and 

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

24 Public Law 96–586 (94 Stat. 3381). 


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

2 a project provided assistance under this Act shall include 

3 appropriate signage at the project site that— 

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

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

6 provided to the project; and 

7 ‘‘(B) this Act; and 

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

9 Environmental Improvement Program.’’. 

10 SEC. 10. CONFORMING AMENDMENTS. 

11 (a) ADMINISTRATION OF ACQUIRED LAND.—Section 

12 3(b) of Public Law 96–586 (94 Stat. 3384) is amended— 

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

14 following: 

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

16 ‘‘(1) IN GENERAL.—Land’’; and 

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

18 ‘‘(2) INTERCHANGE.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (1), the Secretary of Agriculture (acting 

21 through the Chief of the Forest Service) (re22 ferred to in this paragraph as the ‘Secretary’) 

23 may interchange (as defined in the first section 

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

25 land or interest in land within the Lake Tahoe 


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1 Basin Management Unit described in subpara2 graph (B) with appropriate units of State gov3 ernment. 

4 ‘‘(B) ELIGIBLE LAND.—The land or inter5 est in land referred to in subparagraph (A) is 

6 land or an interest in land that the Secretary 

7 determines is not subject to efficient adminis8 tration by the Secretary because of the location 

9 or size of the land. 

10 ‘‘(C) CONSIDERATION.—In any inter11 change under this paragraph, the Secretary 

12 shall accept land within the Lake Tahoe Basin 

13 Management Unit of approximately equal value 

14 (as defined in accordance with section 6(2) of 

15 Public Law 97–465 (16 U.S.C. 521h)). 

16 ‘‘(D) ENVIRONMENTAL ANALYSIS.—For 

17 the purposes of any environmental analysis of 

18 an interchange under this paragraph, the Sec19 retary shall— 

20 ‘‘(i) assume the maintenance of the 

21 environmental status quo; and 

22 ‘‘(ii) not be required to individually 

23 assess each parcel that is managed under 

24 the Lake Tahoe Basin Management Unit 

25 Urban Lots Program. 


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1 ‘‘(E) USE OF LAND ACQUIRED BY STATE

2 GOVERNMENT.—In any interchange under this 

3 paragraph, the Secretary shall— 

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

5 terms, covenants, conditions, and reserva6 tions as the Secretary determines to be 

7 necessary to ensure— 

8 ‘‘(I) protection of the public in9 terest, including protection of the eco10 logical, scenic, wildlife, and rec11 reational values of the National For12 est System; and 

13 ‘‘(II) the provision for appro14 priate access to, and use of, land 

15 within the National Forest System; 

16 ‘‘(III) that land subject to ex17 change is monitored for compliance 

18 with subclauses (I) and (II); and 

19 ‘‘(IV) if the land conveyed under 

20 this paragraph is used in a manner 

21 that is inconsistent with this section, 

22 the land shall, at the discretion of the 

23 Secretary, revert to the United States; 

24 or 


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1 ‘‘(ii) reserve a conservation easement 

2 to ensure that the land conveyed is man3 aged in accordance with subclauses (I) 

4 through (IV) of clause (i). 

5 ‘‘(F) DELEGATION OF MONITORING AND

6 ENFORCEMENT BY TRANSFER OF CONSERVA7 TION EASEMENT.— 

8 ‘‘(i) DEFINITION OF ELIGIBLE ENTI9 TY.—In this subparagraph, the term ‘eligi10 ble entity’ means— 

11 ‘‘(I) a conservation agency of a 

12 local government or an Indian tribe; 

13 ‘‘(II) the Tahoe Regional Plan14 ning Agency; or 

15 ‘‘(III) an organization that— 

16 ‘‘(aa) is organized for, and 

17 at all times since the formation 

18 of the organization, has been op19 erated principally for 1 or more 

20 of the conservation purposes 

21 specified in clause (i), (ii), (iii), 

22 or (iv) of section 170(h)(4)(A) of 

23 the Internal Revenue Code of 

24 1986; 


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1 ‘‘(bb) is an organization de2 scribed in section 501(c)(3) of 

3 that Code that is exempt from 

4 taxation under section 501(a) of 

5 that Code; 

6 ‘‘(cc) is described in para7 graph (1) or (2) of section 

8 509(a) of that Code; or 

9 ‘‘(dd)(AA) is described in 

10 section 509(a)(3) of that Code; 

11 and 

12 ‘‘(BB) is controlled by an 

13 organization described in section 

14 509(a)(2) of that Code. 

15 ‘‘(ii) DELEGATION.—Subject to clause 

16 (iii), the Secretary may delegate to an eli17 gible entity any monitoring and enforce18 ment duties relating to a conservation 

19 easement under this paragraph by trans20 ferring title of ownership to an easement 

21 to an eligible entity to hold and enforce. 

22 ‘‘(iii) RESTRICTION.—The Secretary 

23 may delegate monitoring or enforcement 

24 duties under clause (ii) if— 


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51 

•S 432 RS

1 ‘‘(I) the Secretary retains the 

2 right to conduct periodic inspections 

3 and enforce the easement; 

4 ‘‘(II) the Secretary determines 

5 that the transfer will promote protec6 tion of ecological, scenic, wildlife, and 

7 recreational values; 

8 ‘‘(III) the eligible entity assumes 

9 the costs incurred in administering 

10 and enforcing the easement; 

11 ‘‘(IV) the Secretary determines 

12 that the eligible entity has the re13 sources necessary to carry out moni14 toring and enforcement activities; and 

15 ‘‘(V) all delegated monitoring 

16 and enforcement duties revert to the 

17 Secretary if the eligible entity cannot 

18 perform the delegated duties, at the 

19 discretion of the Secretary. 

20 ‘‘(G) TRANSFER OF LAND ACQUIRED BY

21 UNITS OF STATE GOVERNMENT.—Any unit of 

22 State government that receives National Forest 

23 System land through an interchange under this 

24 paragraph shall not convey the land to any perVerDate Mar 15 2010 22:38 Feb 07, 2012 Jkt 019200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S432.RS S432

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52 

•S 432 RS

1 son or entity other than the Federal Govern2 ment or a State government.’’. 

3 (b) INTERAGENCY AGREEMENT FUNDING.—Section 

4 108(g) of title I of division C of the Consolidated Appro5 priations Act, 2005 (Public Law 108–447; 118 Stat. 

6 2942) is amended by striking ‘‘$25,000,000’’ and insert7 ing ‘‘$75,000,000’’. 


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srobinson on DSK4SPTVN1PROD with BILLS
Calendar No. 317 

112TH CONGRESS 

2D SESSION S. 432 

[Report No. 112–148] 

A BILL 

To provide for environmental restoration activities 

Tahoe Basin, and for other purposes. and forest management activities in the Lake 

FEBRUARY 7, 2012 

Reported with amendments 


srobinson on DSK4SPTVN1PROD with BILLS