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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1925 Reported in Senate (RS)]

                                                       Calendar No. 790
106th CONGRESS
  2d Session
                                S. 1925

                          [Report No. 106-400]

   To promote environmental restoration around the Lake Tahoe basin.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 16, 1999

   Mrs. Feinstein (for herself, Mr. Reid, Mrs. Boxer, and Mr. Bryan) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                           September 7, 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To promote environmental restoration around the Lake Tahoe basin.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lake Tahoe Restoration 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) Lake Tahoe, one of the largest, deepest, and 
        clearest lakes in the world, has a cobalt blue color, a unique 
        alpine setting, and remarkable water clarity, and is recognized 
        nationally and worldwide as a natural resource of special 
        significance;</DELETED>
        <DELETED>    (2) in addition to being a scenic and ecological 
        treasure, Lake Tahoe is one of the outstanding recreational 
        resources of the United States, offering skiing, water sports, 
        biking, camping, and hiking to millions of visitors each year, 
        and contributing significantly to the economies of California, 
        Nevada, and the United States;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) Lake Tahoe is in the midst of an environmental 
        crisis; the Lake's water clarity has declined from a visibility 
        level of 105 feet in 1967 to only 70 feet in 1999, and 
        scientific estimates indicate that if the water quality at the 
        Lake continues to degrade, Lake Tahoe will lose its famous 
        clarity in only 30 years;</DELETED>
        <DELETED>    (5) sediment and algae-nourishing phosphorous and 
        nitrogen continue to flow into the Lake from a variety of 
        sources, including land erosion, fertilizers, air pollution, 
        urban runoff, highway drainage, streamside erosion, land 
        disturbance, and ground water flow;</DELETED>
        <DELETED>    (6) methyl tertiary butyl ether--</DELETED>
                <DELETED>    (A) has contaminated and closed more than 
                </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of the 
                wells in South Tahoe; and</DELETED>
                <DELETED>    (B) is advancing on the lake at a rate of 
                approximately 9 feet per day;</DELETED>
        <DELETED>    (7) destruction of wetlands, wet meadows, and 
        stream zone habitat has compromised the Lake's ability to 
        cleanse itself of pollutants;</DELETED>
        <DELETED>    (8) approximately 40 percent of the trees in the 
        Lake Tahoe basin are either dead or dying, and the increased 
        quantity of combustible forest fuels has significantly 
        increased the risk of catastrophic forest fire in the Lake 
        Tahoe basin;</DELETED>
        <DELETED>    (9) as the largest land manager in the Lake Tahoe 
        basin, with 77 percent of the land, the Federal Government has 
        a unique responsibility for restoring environmental health to 
        Lake Tahoe;</DELETED>
        <DELETED>    (10) the Federal Government has a long history of 
        environmental preservation at Lake Tahoe, including--</DELETED>
                <DELETED>    (A) congressional consent to the 
                establishment of the Tahoe Regional Planning Agency in 
                1969 (Public Law 91-148; 83 Stat. 360) and in 1980 
                (Public Law 96-551; 94 Stat. 3233);</DELETED>
                <DELETED>    (B) the establishment of the Lake Tahoe 
                Basin Management Unit in 1973; and</DELETED>
                <DELETED>    (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;</DELETED>
        <DELETED>    (11) President Clinton renewed the Federal 
        Government's commitment to Lake Tahoe in 1997 at the Lake Tahoe 
        Presidential Forum, when he committed to increased Federal 
        resources for environmental restoration at Lake Tahoe and 
        established the Federal Interagency Partnership and Federal 
        Advisory Committee to consult on natural resources issues 
        concerning the Lake Tahoe basin;</DELETED>
        <DELETED>    (12) the States of California and Nevada have 
        contributed proportionally to the effort to protect and restore 
        Lake Tahoe, including--</DELETED>
                <DELETED>    (A) expenditures--</DELETED>
                        <DELETED>    (i) exceeding $200,000,000 by the 
                        State of California since 1980 for land 
                        acquisition, erosion control, and other 
                        environmental projects in the Lake Tahoe basin; 
                        and</DELETED>
                        <DELETED>    (ii) exceeding $30,000,000 by the 
                        State of Nevada since 1980 for the purposes 
                        described in clause (i); and</DELETED>
                <DELETED>    (B) the approval of a bond issue by voters 
                in the State of Nevada authorizing the expenditure by 
                that State of an additional $20,000,000; and</DELETED>
        <DELETED>    (13) significant additional investment from 
        Federal, State, local, and private sources is needed to stop 
        the damage to Lake Tahoe and its forests, and restore the Lake 
        Tahoe basin to ecological health.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to enable the Forest Service to plan and 
        implement significant new environmental restoration activities 
        and forest management activities to address the phenomena 
        described in paragraphs (4) through (8) of subsection (a) in 
        the Lake Tahoe basin;</DELETED>
        <DELETED>    (2) to ensure that Federal, State, local, 
        regional, tribal, and private agencies continue to work 
        together to improve water quality and manage Federal land in 
        the Lake Tahoe Basin Management Unit; and</DELETED>
        <DELETED>    (3) to provide funding to local governments for 
        erosion and sediment control projects on non-Federal 
        land.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Environmental threshold carrying capacity.--
        The term ``environmental threshold carrying capacity'' has the 
        meaning given the term in Article II of the Tahoe Regional 
        Planning Compact set forth in the first section of Public Law 
        96-551 (94 Stat. 3235).</DELETED>
        <DELETED>    (2) Fire risk reduction activity.--</DELETED>
                <DELETED>    (A) In general.--The term ``fire risk 
                reduction activity'' means an activity that is 
                necessary to reduce the risk of wildfire to promote 
                forest management and simultaneously achieve and 
                maintain the environmental threshold carrying 
                capacities established by the Planning Agency in a 
                manner consistent, where applicable, with chapter 71 of 
                the Tahoe Regional Planning Agency Code of 
                Ordinances.</DELETED>
                <DELETED>    (B) Included activities.--The term ``fire 
                risk reduction activity'' includes--</DELETED>
                        <DELETED>    (i) prescribed burning;</DELETED>
                        <DELETED>    (ii) mechanical 
                        treatment;</DELETED>
                        <DELETED>    (iii) road obliteration or 
                        reconstruction; and</DELETED>
                        <DELETED>    (iv) such other activities 
                        consistent with Forest Service practices as the 
                        Secretary determines to be 
                        appropriate.</DELETED>
        <DELETED>    (3) 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).</DELETED>
        <DELETED>    (4) Priority list.--The term ``priority list'' 
        means the environmental restoration priority list developed 
        under section 6.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of the 
        Forest Service.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 
              UNIT.</DELETED>

<DELETED>    (a) In General.--The Lake Tahoe Basin Management Unit 
shall be administered by the Secretary in accordance with this Act and 
the laws applicable to the National Forest System.</DELETED>
<DELETED>    (b) Relationship to Other Authority.--</DELETED>
        <DELETED>    (1) Private or non-federal land.--Nothing in this 
        Act grants regulatory authority to the Secretary over private 
        or other non-Federal land.</DELETED>
        <DELETED>    (2) Planning agency.--Nothing in this Act affects 
        or increases the authority of the Planning Agency.</DELETED>
        <DELETED>    (3) Acquisition under other law.--Nothing in this 
        Act affects the authority of the Secretary to acquire land from 
        willing sellers in the Lake Tahoe basin under any other 
        law.</DELETED>

<DELETED>SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER 
              ENTITIES.</DELETED>

<DELETED>    (a) In General.--With respect to the duties described in 
subsection (b), the Secretary shall consult with and seek the advice 
and recommendations of--</DELETED>
        <DELETED>    (1) the Planning Agency;</DELETED>
        <DELETED>    (2) the Tahoe Federal Interagency Partnership 
        established by Executive Order No. 13057 (62 Fed. Reg. 41249) 
        or a successor Executive order;</DELETED>
        <DELETED>    (3) the Lake Tahoe Basin Federal Advisory 
        Committee established by the Secretary on December 15, 1998 (64 
        Fed. Reg. 2876) (until the committee is terminated);</DELETED>
        <DELETED>    (4) Federal representatives and all political 
        subdivisions of the Lake Tahoe Basin Management Unit; 
        and</DELETED>
        <DELETED>    (5) the Lake Tahoe Transportation and Water 
        Quality Coalition.</DELETED>
<DELETED>    (b) Duties.--The Secretary shall consult with and seek 
advice and recommendations from the entities described in subsection 
(a) with respect to--</DELETED>
        <DELETED>    (1) the administration of the Lake Tahoe Basin 
        Management Unit;</DELETED>
        <DELETED>    (2) the development of the priority 
        list;</DELETED>
        <DELETED>    (3) the promotion of consistent policies and 
        strategies to address the Lake Tahoe basin's environmental and 
        recreational concerns;</DELETED>
        <DELETED>    (4) the coordination of the various programs, 
        projects, and activities relating to the environment and 
        recreation in the Lake Tahoe basin to avoid unnecessary 
        duplication and inefficiencies of Federal, State, local, 
        tribal, and private efforts; and</DELETED>
        <DELETED>    (5) the coordination of scientific resources and 
        data, for the purpose of obtaining the best available science 
        as a basis for decisionmaking on an ongoing basis.</DELETED>

<DELETED>SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall develop a priority list of 
potential or proposed environmental restoration projects for the Lake 
Tahoe basin.</DELETED>
<DELETED>    (b) Development of Priority List.--In developing the 
priority list, the Secretary shall--</DELETED>
        <DELETED>    (1) use the best available science, including any 
        relevant findings and recommendations of the watershed 
        assessment conducted by the Forest Service in the Lake Tahoe 
        basin; and</DELETED>
        <DELETED>    (2) include, in order of priority, potential or 
        proposed environmental restoration projects in the Lake Tahoe 
        basin that--</DELETED>
                <DELETED>    (A) are included in or are consistent with 
                the environmental improvement program adopted by the 
                Planning Agency in February 1998 and amendments to the 
                program;</DELETED>
                <DELETED>    (B) would help to achieve and maintain the 
                environmental threshold carrying capacities for--
                </DELETED>
                        <DELETED>    (i) air quality;</DELETED>
                        <DELETED>    (ii) fisheries;</DELETED>
                        <DELETED>    (iii) noise;</DELETED>
                        <DELETED>    (iv) recreation;</DELETED>
                        <DELETED>    (v) scenic resources;</DELETED>
                        <DELETED>    (vi) soil conservation;</DELETED>
                        <DELETED>    (vii) forest health;</DELETED>
                        <DELETED>    (viii) water quality; 
                        and</DELETED>
                        <DELETED>    (ix) wildlife;</DELETED>
        <DELETED>    (3) in determining the order of priority of 
        potential and proposed environmental restoration projects under 
paragraph (2), the focus shall address projects (listed in no 
particular order) involving--</DELETED>
                <DELETED>    (A) erosion and sediment control, 
                including the activities described in section 2(g) of 
                Public Law 96-586 (94 Stat. 3381) (as amended by 
                section 7);</DELETED>
                <DELETED>    (B) the acquisition of environmentally 
                sensitive land from willing sellers under Public Law 
                96-586 (94 Stat. 3381) or land acquisition under any 
                other Federal law;</DELETED>
                <DELETED>    (C) fire risk reduction activities in 
                urban areas and urban-wildland interface areas, 
                including high recreational use areas and urban lots 
                acquired from willing sellers under Public Law 96-586 
                (94 Stat. 3381);</DELETED>
                <DELETED>    (D) cleaning up methyl tertiary butyl 
                ether contamination; and</DELETED>
                <DELETED>    (E) the management of vehicular parking 
                and traffic in the Lake Tahoe Basin Management Unit, 
                especially--</DELETED>
                        <DELETED>    (i) improvement of public access 
                        to the Lake Tahoe basin, including the 
                        promotion of alternatives to the private 
                        automobile;</DELETED>
                        <DELETED>    (ii) the Highway 28 and 89 
                        corridors and parking problems in the area; 
                        and</DELETED>
                        <DELETED>    (iii) cooperation with local 
                        public transportation systems, including--
                        </DELETED>
                                <DELETED>    (I) the Coordinated 
                                Transit System; and</DELETED>
                                <DELETED>    (II) public transit 
                                systems on the north shore of Lake 
                                Tahoe.</DELETED>
<DELETED>    (c) Monitoring.--The Secretary shall provide for 
continuous scientific research on and monitoring of the implementation 
of projects on the priority list, including the status of the 
achievement and maintenance of environmental threshold carrying 
capacities.</DELETED>
<DELETED>    (d) Consistency With Memorandum of Understanding.--A 
project on the priority list shall be conducted in accordance with the 
memorandum of understanding signed by the Forest Supervisor and the 
Planning Agency on November 10, 1989, including any amendments to the 
memorandum as long as the memorandum remains in effect.</DELETED>
<DELETED>    (e) Review of Priority List.--Periodically, but not less 
often than every 3 years, the Secretary shall--</DELETED>
        <DELETED>    (1) review the priority list;</DELETED>
        <DELETED>    (2) consult with--</DELETED>
                <DELETED>    (A) the Tahoe Regional Planning 
                Agency;</DELETED>
                <DELETED>    (B) interested political subdivisions; 
                and</DELETED>
                <DELETED>    (C) the Lake Tahoe Water Quality and 
                Transportation Coalition; and</DELETED>
        <DELETED>    (3) make any necessary changes with respect to--
        </DELETED>
                <DELETED>    (A) the findings of scientific research 
                and monitoring in the Lake Tahoe basin;</DELETED>
                <DELETED>    (B) any change in an environmental 
                threshold as determined by the Planning 
                Agency;</DELETED>
                <DELETED>    (C) any change in general environmental 
                conditions in the Lake Tahoe basin; and</DELETED>
                <DELETED>    (D) submit to Congress a report on any 
                changes made.</DELETED>
<DELETED>    (f) Cleanup of Hydrocarbon Contamination.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall make a 
        payment of $1,000,000 to the Tahoe Regional Planning Agency and 
        the South Tahoe Public Utility District to develop and publish 
        a plan, not later than 1 year after the date of enactment of 
        this Act, for the prevention and cleanup of hydrocarbon 
        contamination (including contamination with MTBE) of the 
        surface water and ground water of the Lake Tahoe 
        basin.</DELETED>
        <DELETED>    (2) Consultation.--In developing the plan, the 
        Tahoe Regional Planning Agency and the South Tahoe Public 
        Utility District shall consult with the States of California 
        and Nevada and appropriate political subdivisions.</DELETED>
        <DELETED>    (3) Willing sellers.--The plan shall not include 
        any acquisition of land or an interest in land except an 
        acquisition from a willing seller.</DELETED>
<DELETED>    (g) Authorization of Appropriations.--There is authorized 
to be appropriated, for the implementation of projects on the priority 
list, $20,000,000 for the first fiscal year that begins after the date 
of enactment of this Act and for each of the 9 fiscal years 
thereafter.</DELETED>

<DELETED>SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.</DELETED>

<DELETED>    Section 2 of Public Law 96-586 (94 Stat. 3381) is amended 
by striking subsection (g) and inserting the following:</DELETED>
<DELETED>    ``(g) Payments to Localities.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Agriculture 
        shall make annual payments to the governing bodies of each of 
        the political subdivisions (including any public utility the 
        service area of which includes any part of the Lake Tahoe 
        basin), any portion of which is located in the area depicted on 
        the final map filed under section 3(a).</DELETED>
        <DELETED>    ``(2) Use of payments.--Payments under this 
        subsection may be used--</DELETED>
                <DELETED>    ``(A) first, for erosion control and water 
                quality projects; and</DELETED>
                <DELETED>    ``(B) second, unless emergency projects 
                arise, for projects to address other threshold 
                categories after thresholds for water quality and soil 
                conservation have been achieved and 
                maintained.</DELETED>
        <DELETED>    ``(3) Eligibility for payments.--</DELETED>
                <DELETED>    ``(A) In general.--To be eligible for a 
                payment under this subsection, a political subdivision 
                shall annually submit a priority list of proposed 
                projects to the Secretary of Agriculture.</DELETED>
                <DELETED>    ``(B) Components of list.--A priority list 
                under subparagraph (A) shall include, for each proposed 
                project listed--</DELETED>
                        <DELETED>    ``(i) a description of the need 
                        for the project;</DELETED>
                        <DELETED>    ``(ii) all projected costs and 
                        benefits; and</DELETED>
                        <DELETED>    ``(iii) a detailed 
                        budget.</DELETED>
                <DELETED>    ``(C) Use of payments.--A payment under 
                this subsection shall be used only to carry out a 
project or proposed project that is part of the environmental 
improvement program adopted by the Tahoe Regional Planning Agency in 
February 1998 and amendments to the program.</DELETED>
                <DELETED>    ``(D) Federal obligation.--All projects 
                funded under this subsection shall be part of Federal 
                obligation under the environmental improvement 
                program.</DELETED>
        <DELETED>    ``(4) Division of funds.--</DELETED>
                <DELETED>    ``(A) In general.--The total amounts 
                appropriated for payments under this subsection shall 
                be allocated by the Secretary of Agriculture based on 
                the relative need for and merits of projects proposed 
                for payment under this section.</DELETED>
                <DELETED>    ``(B) Minimum.--To the maximum extent 
                practicable, for each fiscal year, the Secretary of 
                Agriculture shall ensure that each political 
                subdivision in the Lake Tahoe basin receives amounts 
                appropriated for payments under this 
                subsection.</DELETED>
        <DELETED>    ``(5) Authorization of appropriations.--In 
        addition to the amounts authorized to be appropriated to carry 
        out section 6 of the Lake Tahoe Restoration Act, there is 
        authorized to be appropriated for making payments under this 
        subsection $10,000,000 for the first fiscal year that begins 
        after the date of enactment of this paragraph and for each of 
        the 9 fiscal years thereafter.''.</DELETED>

<DELETED>SEC. 8. FIRE RISK REDUCTION ACTIVITIES.</DELETED>

<DELETED>    (a) In General.--In conducting fire risk reduction 
activities in the Lake Tahoe basin, the Secretary shall, as 
appropriate, coordinate with State and local agencies and 
organizations, including local fire departments and volunteer 
groups.</DELETED>
<DELETED>    (b) Ground Disturbance.--The Secretary shall, to the 
maximum extent practicable, minimize any ground disturbances caused by 
fire risk reduction activities.</DELETED>

<DELETED>SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.</DELETED>

<DELETED>    (a) In General.--Funds authorized under this Act and the 
amendment made by this Act--</DELETED>
        <DELETED>    (1) shall be in addition to any other amounts 
        available to the Secretary for expenditure in the Lake Tahoe 
        basin; and</DELETED>
        <DELETED>    (2) shall not be drawn from an appropriation for 
        any other unit of the National Forest System.</DELETED>
<DELETED>    (b) Matching Requirement.--Except as provided in 
subsection (c), funds for activities under section 6 of this Act and 
section 2(g) of Public Law 96-586 (94 Stat. 3381) shall be available 
for obligation on a 1-to-1 basis with funding of restoration activities 
in the Lake Tahoe basin by the States of California and 
Nevada.</DELETED>
<DELETED>    (c) Relocation Costs.--The Secretary shall provide 
</DELETED>\<DELETED>2/3</DELETED>\ <DELETED>of necessary funding to 
local utility districts for the costs of relocating facilities in 
connection with environmental restoration projects under section 6 and 
erosion control projects under section 2 of Public Law 96-
586.</DELETED>

<DELETED>SEC. 10. AMENDMENT OF PUBLIC LAW 96-586.</DELETED>

<DELETED>    Section 3(a) of Public Law 96-586 (94 Stat. 3383) is 
amended by adding at the end the following:</DELETED>
        <DELETED>    ``(5) Willing sellers.--Land within the Lake Tahoe 
        Basin Management Unit subject to acquisition under this section 
        that is owned by a private person shall be acquired only from a 
        willing seller.''.</DELETED>

<DELETED>SEC. 11. RELATIONSHIP TO OTHER LAWS.</DELETED>

<DELETED>    Nothing in this Act exempts the Secretary from the duty to 
comply with any applicable Federal law.</DELETED>

<DELETED>SEC. 12. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Lake Tahoe, one of the largest, deepest, and clearest 
        lakes in the world, has a cobalt blue color, a unique alpine 
        setting, and remarkable water clarity, and is recognized 
        nationally and worldwide as a natural resource of special 
        significance;
            (2) in addition to being a scenic and ecological treasure, 
        Lake Tahoe is one of the outstanding recreational resources of 
        the United States, offering skiing, water sports, biking, 
        camping, and hiking to millions of visitors each year, and 
        contributing 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) Lake Tahoe is in the midst of an environmental crisis; 
        the Lake's water clarity has declined from a visibility level 
        of 105 feet in 1967 to only 70 feet in 1999, and scientific 
        estimates indicate that if the water quality at the Lake 
        continues to degrade, Lake Tahoe will lose its famous clarity 
        in only 30 years;
            (5) sediment and algae-nourishing phosphorous and nitrogen 
        continue to flow into the Lake from a variety of sources, 
        including land erosion, fertilizers, air pollution, urban 
        runoff, highway drainage, streamside erosion, land disturbance, 
        and ground water flow;
            (6) methyl tertiary butyl ether--
                    (A) has contaminated and closed more than \1/3\ of 
                the wells in South Tahoe; and
                    (B) is advancing on the Lake at a rate of 
                approximately 9 feet per day;
            (7) destruction of wetlands, wet meadows, and stream zone 
        habitat has compromised the Lake's ability to cleanse itself of 
        pollutants;
            (8) approximately 40 percent of the trees in the Lake Tahoe 
        basin are either dead or dying, and the increased quantity of 
        combustible forest fuels has significantly increased the risk 
        of catastrophic forest fire in the Lake Tahoe basin;
            (9) as the largest land manager in the Lake Tahoe basin, 
        with 77 percent of the land, the Federal Government has a 
        unique responsibility for restoring environmental health to 
        Lake Tahoe;
            (10) 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 in 1969 (Public Law 
                91-148; 83 Stat. 360) and in 1980 (Public Law 96-551; 
                94 Stat. 3233);
                    (B) the establishment of the Lake Tahoe Basin 
                Management Unit in 1973; and
                    (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;
            (11) the President renewed the Federal Government's 
        commitment to Lake Tahoe in 1997 at the Lake Tahoe Presidential 
        Forum, when he committed to increased Federal resources for 
        environmental restoration at Lake Tahoe and established the 
        Federal Interagency Partnership and Federal Advisory Committee 
        to consult on natural resources issues concerning the Lake 
        Tahoe basin;
            (12) the States of California and Nevada have contributed 
        proportionally to the effort to protect and restore Lake Tahoe, 
        including--
                    (A) expenditures--
                            (i) exceeding $200,000,000 by the State of 
                        California since 1980 for land acquisition, 
                        erosion control, and other environmental 
                        projects in the Lake Tahoe basin; and
                            (ii) exceeding $30,000,000 by the State of 
                        Nevada since 1980 for the purposes described in 
                        clause (i); and
                    (B) the approval of a bond issue by voters in the 
                State of Nevada authorizing the expenditure by the 
                State of an additional $20,000,000; and
            (13) significant additional investment from Federal, State, 
        local, and private sources is needed to stop the damage to Lake 
Tahoe and its forests, and restore the Lake Tahoe basin to ecological 
health.
    (b) Purposes.--The purposes of this Act are--
            (1) to enable the Forest Service to plan and implement 
        significant new environmental restoration activities and forest 
        management activities to address the phenomena described in 
        paragraphs (4) through (8) of subsection (a) in the Lake Tahoe 
        basin;
            (2) to ensure that Federal, State, local, regional, tribal, 
        and private entities continue to work together to improve water 
        quality and manage Federal land in the Lake Tahoe Basin 
        Management Unit; and
            (3) to provide funding to local governments for erosion and 
        sediment control projects on non-Federal land if the projects 
        benefit the Federal land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Environmental threshold carrying capacity.--The term 
        ``environmental threshold carrying capacity'' has the meaning 
        given the term in article II of the Tahoe Regional Planning 
        Compact set forth in the first section of Public Law 96-551 (94 
        Stat. 3235).
            (2) Fire risk reduction activity.--
                    (A) In general.--The term ``fire risk reduction 
                activity'' means an activity that is necessary to 
                reduce the risk of wildlife to promote forest 
                management and simultaneously achieve and maintain the 
                environmental threshold carrying capacities established 
                by the Planning Agency in a manner consistent, where 
                applicable, with chapter 71 of the Tahoe Regional 
                Planning Agency Code of Ordinances.
                    (B) Included activities.--The term ``fire risk 
                reduction activity'' includes--
                            (i) prescribed burning;
                            (ii) mechanical treatment;
                            (iii) road obliteration or reconstruction; 
                        and
                            (iv) such other activities consistent with 
                        Forest Service practices as the Secretary 
                        determines to be appropriate.
            (3) 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).
            (4) Priority list.--The term ``priority list'' means the 
        environmental restoration priority list developed under section 
        6.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

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

    (a) In General.--The Lake Tahoe Basin Management Unit shall be 
administered by the Secretary in accordance with this Act and the laws 
applicable to the National Forest System.
    (b) Relationship to Other Authority.--
            (1) Private or non-federal land.--Nothing in this Act 
        grants regulatory authority to the Secretary over private or 
        other non-Federal land.
            (2) Planning agency.--Nothing in this Act affects or 
        increases the authority of the Planning Agency.
            (3) Acquisition under other law.--Nothing in this Act 
        affects the authority of the Secretary to acquire land from 
        willing sellers in the Lake Tahoe basin under any other law.

SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.

    (a) In General.--With respect to the duties described in subsection 
(b), the Secretary shall consult with and seek the advice and 
recommendations of--
            (1) the Planning Agency;
            (2) the Tahoe Federal Interagency Partnership established 
        by Executive Order No. 13057 (62 Fed. Reg. 41249) or a 
        successor Executive order;
            (3) the Lake Tahoe Basin Federal Advisory Committee 
        established by the Secretary on December 15, 1998 (64 Fed. Reg. 
        2876) (until the committee is terminated);
            (4) Federal representatives and all political subdivisions 
        of the Lake Tahoe Basin Management Unit; and
            (5) the Lake Tahoe Transportation and Water Quality 
        Coalition.
    (b) Duties.--The Secretary shall consult with and seek advice and 
recommendations from the entities described in subsection (a) with 
respect to--
            (1) the administration of the Lake Tahoe Basin Management 
        Unit;
            (2) the development of the priority list;
            (3) the promotion of consistent policies and strategies to 
        address the Lake Tahoe basin's environmental and recreational 
        concerns;
            (4) the coordination of the various programs, projects, and 
        activities relating to the environment and recreation in the 
        Lake Tahoe basin to avoid unnecessary duplication and 
        inefficiencies of Federal, State, local, tribal, and private 
        efforts; and
            (5) the coordination of scientific resources and data, for 
        the purpose of obtaining the best available science as a basis 
        for decisionmaking on an ongoing basis.

SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall develop a priority list of potential 
or proposed environmental restoration projects for the Lake Tahoe Basin 
Management Unit.
    (b) Development of Priority List.--In developing the priority list, 
the Secretary shall--
            (1) use the best available science, including any relevant 
        findings and recommendations of the watershed assessment 
        conducted by the Forest Service in the Lake Tahoe basin; and
            (2) include, in order of priority, potential or proposed 
        environmental restoration projects in the Lake Tahoe basin 
        that--
                    (A) are included in or are consistent with the 
                environmental improvement program adopted by the 
                Planning Agency in February 1998 and amendments to the 
                program;
                    (B) would help to achieve and maintain the 
                environmental threshold carrying capacities 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;
            (3) in determining the order of priority of potential and 
        proposed environmental restoration projects under paragraph 
        (2), the focus shall address projects (listed in no particular 
        order) involving--
                    (A) erosion and sediment control, including the 
                activities described in section 2(g) of Public Law 96-
                586 (94 Stat. 3381) (as amended by section 7 of this 
                Act);
                    (B) the acquisition of environmentally sensitive 
                land from willing sellers under Public Law 96-586 (94 
                Stat. 3381) or land acquisition under any other Federal 
                law;
                    (C) fire risk reduction activities in urban areas 
                and urban-wildland interface areas, including high 
                recreational use areas and urban lots acquired from 
                willing sellers under Public Law 96-586 (94 Stat. 
                3381);
                    (D) cleaning up methyl tertiary butyl ether 
                contamination; and
                    (E) the management of vehicular parking and traffic 
                in the Lake Tahoe Basin Management Unit, especially--
                            (i) improvement of public access to the 
                        Lake Tahoe basin, including the promotion of 
                        alternatives to the private automobile;
                            (ii) the Highway 28 and 89 corridors and 
                        parking problems in the area; and
                            (iii) cooperation with local public 
                        transportation systems, including--
                                    (I) the Coordinated Transit System; 
                                and
                                    (II) public transit systems on the 
                                north shore of Lake Tahoe.
    (c) Monitoring.--The Secretary shall provide for continuous 
scientific research on and monitoring of the implementation of projects 
on the priority list, including the status of the achievement and 
maintenance of environmental threshold carrying capacities.
    (d) Consistency With Memorandum of Understanding.--A project on the 
priority list shall be conducted in accordance with the memorandum of 
understanding signed by the Forest Supervisor and the Planning Agency 
on November 10, 1989, including any amendments to the memorandum as 
long as the memorandum remains in effect.
    (e) Review of Priority List.--Periodically, but not less often than 
every 3 years, the Secretary shall--
            (1) review the priority list;
            (2) consult with--
                    (A) the Tahoe Regional Planning Agency;
                    (B) interested political subdivisions; and
                    (C) the Lake Tahoe Water Quality and Transportation 
                Coalition; and
            (3) make any necessary changes with respect to--
                    (A) the findings of scientific research and 
                monitoring in the Lake Tahoe basin;
                    (B) any change in an environmental threshold as 
                determined by the Planning Agency;
                    (C) any change in general environmental conditions 
                in the Lake Tahoe basin; and
                    (D) submit to Congress a report on any changes 
                made.
    (f) Cleanup of Hydrocarbon Contamination.--
            (1) In general.--The Secretary shall, subject to the 
        availability of appropriations, make a payment of $1,000,000 to 
        the Tahoe Regional Planning Agency and the South Tahoe Public 
        Utility District to develop and publish a plan, not later than 
        1 year after the date of enactment of this Act, for the 
        prevention and cleanup of hydrocarbon contamination (including 
        contamination with MTBE) of the surface water and ground water 
        of the Lake Tahoe basin.
            (2) Consultation.--In developing the plan, the Tahoe 
        Regional Planning Agency and the South Tahoe Public Utility 
        District shall consult with the States of California and Nevada 
        and appropriate political subdivisions.
            (3) Willing sellers.--The plan shall not include any 
        acquisition of land or an interest in land except an 
        acquisition from a willing seller.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated, for the implementation of projects on the priority list 
and the payment identified in subsection (f), $20,000,000 for the first 
fiscal year that begins after the date of enactment of this Act and for 
each of the 9 fiscal years thereafter.

SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.

    Section 2 of Public Law 96-586 (94 Stat. 3381) is amended by 
striking subsection (g) and inserting the following:
    ``(g) Payments to Localities.--
            ``(1) In general.--The Secretary of Agriculture shall, 
        subject to the availability of appropriations, make annual 
        payments to the governing bodies of each of the political 
        subdivisions (including any public utility the service area of 
        which includes any part of the Lake Tahoe basin), any portion 
        of which is located in the area depicted on the final map filed 
        under section 3(a).
            ``(2) Use of payments.--Payments under this subsection may 
        be used--
                    ``(A) first, for erosion control and water quality 
                projects; and
                    ``(B) second, unless emergency projects arise, for 
                projects to address other threshold categories after 
                thresholds for water quality and soil conservation have 
                been achieved and maintained.
            ``(3) Eligibility for payments.--
                    ``(A) In general.--To be eligible for a payment 
                under this subsection, a political subdivision shall 
                annually submit a priority list of proposed projects to 
                the Secretary of Agriculture.
                    ``(B) Components of list.--A priority list under 
                subparagraph (A) shall include, for each proposed 
                project listed--
                            ``(i) a description of the need for the 
                        project;
                            ``(ii) all projected costs and benefits; 
                        and
                            ``(iii) a detailed budget.
                    ``(C) Use of payments.--A payment under this 
                subsection shall be used only to carry out a project or 
                proposed project that is part of the environmental 
                improvement program adopted by the Tahoe Regional 
                Planning Agency in February 1998 and amendments to the 
                program.
                    ``(D) Federal obligation.--All projects funded 
                under this subsection shall be part of Federal 
obligation under the enviromental improvment program.
            ``(4) Division of funds.--
                    ``(A) In general.--The total amounts appropriated 
                for payments under this subsection shall be allocated 
                by the Secretary of Agriculture based on the relative 
                need for and merits of projects proposed for payment 
                under this section.
                    ``(B) Minimum.--To the maximum extent practicable, 
                for each fiscal year, the Secretary of Agriculture 
                shall ensure that each political subdivision in the 
                Lake Tahoe basin receives amounts appropriated for 
                payments under this subsection.
            ``(5) Authorization of appropriations.--In addition to the 
        amounts authorized to be appropriated to carry out section 6 of 
        the Lake Tahoe Restoration Act, there is authorized to be 
        appropriated for making payments under this subsection 
        $10,000,000 for the first fiscal year that begins after the 
        date of enactment of this paragraph and for each of the 9 
        fiscal years thereafter.''.

SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

    (a) In General.--In conducting fire risk reduction activities in 
the Lake Tahoe basin, the Secretary shall, as appropriate, coordinate 
with State and local agencies and organizations, including local fire 
departments and volunteer groups.
    (b) Ground Disturbance.--The Secretary shall, to the maximum extent 
practicable, minimize any ground disturbances caused by fire risk 
reduction activities.

SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

    (a) In General.--Funds authorized under this Act and the amendment 
made by this Act--
            (1) shall be in addition to any other amounts available to 
        the Secretary for expenditure in the Lake Tahoe basin; and
            (2) shall not reduce allocations for other Regions of the 
        Forest Service.
    (b) Matching Requirement.--Except as provided in subsection (c), 
funds for activities under section 6 and section 7 of this Act shall be 
available for obligation on a 1-to-1 basis with funding of restoration 
activities in the Lake Tahoe basin by the States of California and 
Nevada.
    (c) Relocation Costs.--The Secretary shall provide \2/3\ of 
necessary funding to local utility districts for the costs of 
relocating facilities in connection with environmental restoration 
projects under section 6 and erosion control projects under section 2 
of Public Law 96-586.

SEC. 10. AMENDMENT OF PUBLIC LAW 96-586.

    Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended by 
adding at the end the following:
            ``(5) Willing sellers.--Land within the Lake Tahoe Basin 
        Management Unit subject to acquisition under this section that 
        is owned by a private person shall be acquired only from a 
        willing seller.''.

SEC. 11. RELATIONSHIP TO OTHER LAWS.

    Nothing in this Act exempts the Secretary from the duty to comply 
with any applicable Federal law.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 790

106th CONGRESS

  2d Session

                                S. 1925

                          [Report No. 106-400]

_______________________________________________________________________

                                 A BILL

   To promote environmental restoration around the Lake Tahoe basin.

_______________________________________________________________________

                           September 7, 2000

                       Reported with an amendment
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