II 

Calendar No. 436 

111TH CONGRESS 

2D SESSION S. 2724 

[Report No. 111–211] 

To provide for environmental restoration activities and forest management 

activities in the Lake Tahoe Basin. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2009 

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

JUNE 21, 2010 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for environmental restoration activities and forest 

management activities in the Lake Tahoe Basin. 

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

3 SECTION 1. SHORT TITLE. 

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


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2724 RS

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; 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 2724 RS

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 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•S 2724 RS

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— 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•S 2724 RS

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 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
6 

•S 2724 RS

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; 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•S 2724 RS

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 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•S 2724 RS

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

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

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

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

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

8 Basin, including— 

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

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

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

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

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

18 ‘‘(22) significant additional investment from 

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

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

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

24 climatic conditions; and 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•S 2724 RS

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— 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•S 2724 RS

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: 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•S 2724 RS

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

25 CAPACITY.—The term ‘environmental threshold carVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
12 

•S 2724 RS

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— 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•S 2724 RS

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

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

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

5 International Wildland-Urban Interface Code of 

6 the International Code Council; or 

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

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

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

12 Agency’ means the Tahoe Regional Planning Agency 

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

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

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

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

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

19 means the Secretary of Agriculture, acting through 

20 the Chief of the Forest Service. 

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

22 term ‘total maximum daily load’ means the total 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
14 

•S 2724 RS

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

2 term ‘Stream Environment Zone’ means an area 

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

5 water or groundwater. 

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

7 means all motorized and non-motorized watercraft, 

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

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

12 Section 4 of the Lake Tahoe Restoration Act (Public 

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

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

15 and inserting ‘‘Basin’’; and 

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

17 ‘‘(c) TRANSIT.— 

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

19 Management Unit shall, consistent with the regional 

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

22 Tahoe Basin Management Unit, with priority 

23 given— 

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

25 Lake Tahoe Basin, including the prioritization 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•S 2724 RS

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, 


smartinez on DSKB9S0YB1PROD with BILLS
16 

•S 2724 RS

1 including local fire departments and volunteer 

2 groups. 

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

7 property boundaries. 

8 ‘‘(2) MULTIPLE BENEFITS.— 

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

10 management activities in the Lake Tahoe Basin 

11 Management Unit, the Secretary shall conduct 

12 the activities in a manner that— 

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

16 ‘‘(I) reducing forest fuels; 

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

19 ‘‘(III) improving wetland and 

20 water quality, including in Stream 

21 Environment Zones; and 

22 ‘‘(IV) increasing resilience to 

23 changing climatic conditions; and 


smartinez on DSKB9S0YB1PROD with BILLS
17 

•S 2724 RS

1 ‘‘(ii) helps achieve and maintain the 

2 environmental threshold carrying capacities 

3 established by the Planning Agency. 

4 ‘‘(B) EXCEPTION.—Notwithstanding 

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

10 additional ecosystem benefits gained from the 

11 management activity. 

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

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

15 direction, the Secretary shall— 

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

18 forest management activities; and 

19 ‘‘(B) provide for monitoring to ascertain 

20 the attainment of the post-project conditions. 

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

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
18 

•S 2724 RS

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

2 disposal under the public land laws; 

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

4 mining laws; and 

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

6 mineral and geothermal leasing. 

7 ‘‘(2) DETERMINATION.— 

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

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

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

12 Basin Management Unit and receiving public 

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

15 ‘‘(B) REQUIREMENTS.—The determination 

16 of the Secretary under subparagraph (A)— 

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

18 date on which the determination is issued; 

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

20 as the Secretary determines to be nec21 essary; and 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
19 

•S 2724 RS

1 support the attainment of the environmental threshold 

2 carrying capacities. 

3 ‘‘(g) COOPERATIVE AUTHORITIES.— 

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

5 following the date of enactment of the Lake Tahoe 

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

8 enter into contracts and cooperative agreements with 

9 States, units of local government, and other public 

10 and private entities to provide for fuel reduction, 

11 erosion control, reforestation, Stream Environment 

12 Zone restoration, and similar management activities 

13 on Federal land and non-Federal land within the 

14 projects or programs. 

15 ‘‘(2) REPORT ON LAND STATUS.— 

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

17 after the date of enactment of the Lake Tahoe 

18 Restoration Act of 2009, the Secretary shall 

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

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

24 recent actions for land consolidation and 

25 adjustment; and 


smartinez on DSKB9S0YB1PROD with BILLS
20 

•S 2724 RS

1 ‘‘(ii) the identification of any obstacles 

2 to desired conveyances or interchanges. 

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

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

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

8 delays the conveyance of parcels under— 

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

10 ‘‘(ii) any other authority available to 

11 the Secretary. 

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

14 cooperative authorities of the Secretary.’’. 

15 SEC. 5. CONSULTATION. 

16 The Lake Tahoe Restoration Act (Public Law 106– 

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

18 and inserting the following: 

19 ‘‘SEC. 5. CONSULTATION. 

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

22 timely manner, consult with the heads of the Washoe 

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

25 Committee.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
21 

•S 2724 RS

1 SEC. 6. AUTHORIZED PROJECTS. 

2 The Lake Tahoe Restoration Act (Public Law 106– 

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

4 and inserting the following: 

5 ‘‘SEC. 6. AUTHORIZED PROJECTS. 

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

7 the Administrator, in coordination with the Planning 

8 Agency and the States of California and Nevada, may 

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

11 purposes of the Environmental Improvement Program if 

12 the project has been subject to environmental review and 

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

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

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

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

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

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

23 developed under that section. 

24 ‘‘(c) DESCRIPTION OF ACTIVITIES.— 

25 ‘‘(1) STORMWATER MANAGEMENT, EROSION

26 CONTROL, AND TOTAL MAXIMUM DAILY LOAD IMPLEVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6401 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
22 

•S 2724 RS

1 MENTATION.—Of the amounts made available under 

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

3 Federal share of the following projects: 

4 ‘‘(A) Bijou Stormwater Improvement 

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

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

10 ‘‘(C) Kings Beach Watershed Improvement 

11 Project in Placer County, California. 

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

14 California. 

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

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

19 Nevada. 

20 ‘‘(G) Upper and Lower Kingsbury Project 

21 in Douglas County, Nevada. 

22 ‘‘(H) Lake Village Drive-Phase II 

23 Stormwater Improvement in Douglas County, 

24 Nevada. 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•S 2724 RS

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

3 Nevada. 

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

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

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

12 ‘‘(B) Upper Truckee River Mosher, 

13 Reaches 1 & 2. 

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

15 ‘‘(D) Lower Blackwood Creek Restoration 

16 Project. 

17 ‘‘(E) Ward Creek. 

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

19 Restoration. 

20 ‘‘(G) Rosewood Creek Restoration Project. 

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
24 

•S 2724 RS

1 shall be made available for the following 

2 projects: 

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

4 Lake Tahoe Basin Multi-Jurisdictional 

5 Fuel Reduction and Wildfire Prevention 

6 Strategy 10-Year Plan. 

7 ‘‘(ii) Competitive grants for fuels work 

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

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

12 (i). 

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

15 materials. 

16 ‘‘(iv) Angora Fire Restoration projects 

17 under the jurisdiction of the Secretary. 

18 ‘‘(B) MULTIPLE BENEFIT FUELS

19 PROJECTS.—Consistent with the requirements 

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

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

24 multiple benefit fuels projects with an emphasis 


smartinez on DSKB9S0YB1PROD with BILLS
25 

•S 2724 RS

1 on restoration projects in Stream Environment 

2 Zones. 

3 ‘‘(C) MINIMUM ALLOCATION.—Of the 

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

6 available to the Secretary for projects under 

7 subparagraph (A)(i). 

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

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

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

16 under this paragraph shall provide a 25 percent 

17 match. 

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

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

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

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
26 

•S 2724 RS

1 for the Lahontan Cutthroat Trout Recovery Pro2 gram. 

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

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

5 used to develop and implement the science program 

6 developed under section 11. 

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

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

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

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

12 SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

13 The Lake Tahoe Restoration Act (Public Law 106– 

14 506; 114 Stat. 2351) is amended— 

15 (1) by striking sections 8 and 9; 

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

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

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

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

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

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

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

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

25 year after the date of enactment of the Lake Tahoe ResVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
27 

•S 2724 RS

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

2 Secretary, the Administrator, the Director, the Planning 

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

4 Partnership, the Washoe Tribe, the Lake Tahoe Federal 

5 Advisory Committee, and the Tahoe Science Consortium 

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

8 Tahoe Basin, regardless of program category. 

9 ‘‘(c) CRITERIA.— 

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

12 available science and the following criteria: 

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

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

16 success of the project. 

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

19 the environmental threshold carrying capacities 

20 identified in the Compact for— 

21 ‘‘(i) air quality; 

22 ‘‘(ii) fisheries; 

23 ‘‘(iii) noise; 

24 ‘‘(iv) recreation; 

25 ‘‘(v) scenic resources; 


smartinez on DSKB9S0YB1PROD with BILLS
28 

•S 2724 RS

1 ‘‘(vi) soil conservation; 

2 ‘‘(vii) forest health; 

3 ‘‘(viii) water quality; and 

4 ‘‘(ix) wildlife. 

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

6 multiple benefits. 

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

8 non-Federal contributions. 

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

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

11 ‘‘(H) Agency priority. 

12 ‘‘(I) Agency capacity. 

13 ‘‘(J) Cost-effectiveness. 

14 ‘‘(K) Federal funding history. 

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

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

17 Chair determines to be appropriate, give preference 

18 to projects in the Priority List that benefit existing 

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

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

24 shall be considered part of the stormwater manageVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
29 

•S 2724 RS

1 ment and total maximum daily load program of the 

2 Environmental Improvement Program. 

3 ‘‘(d) REVISIONS.— 

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

6 ‘‘(A) every 4 years; or 

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

8 paragraph (2). 

9 ‘‘(2) FINDING OF COMPELLING NEED.— 

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

11 Administrator, or the Director makes a finding 

12 of compelling need justifying a priority shift 

13 and the finding is approved by the Secretary, 

14 the Executive Director of the Planning Agency, 

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

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

21 ‘‘(i) major scientific findings; 

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

24 ‘‘(iii) emerging environmental threats; 

25 and 


smartinez on DSKB9S0YB1PROD with BILLS
30 

•S 2724 RS

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

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

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

5 date of enactment of the Lake Tahoe Restoration Act of 

6 2009, the Director, in coordination with the Planning 

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

8 the Nevada Department of Wildlife, shall deploy strategies 

9 that meet or exceed the criteria described in subsection 

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

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

14 ‘‘(1) combined inspection and decontamination 

15 stations be established and operated at not less than 

16 2 locations in the Lake Tahoe Basin; 

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

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

20 quagga or zebra mussels; 

21 ‘‘(B) shows evidence of invasive species 

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

24 ‘‘(C) cannot be reliably decontaminated in 

25 accordance with paragraph (3); 


smartinez on DSKB9S0YB1PROD with BILLS
31 

•S 2724 RS

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

2 surfaces and appurtenance (such as anchors and 

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

5 Director using the best available science; 

6 ‘‘(4) watercraft bearing positive verification of 

7 having last launched within the Lake Tahoe Basin 

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

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

11 watercraft maintain documentation of compliance 

12 with the strategies deployed under this section. 

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

14 State agencies to perform the decontamination activities 

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

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

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

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

21 be launched on water within the Lake Tahoe Basin. 

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

23 for decontamination only at a level sufficient to cover the 

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


smartinez on DSKB9S0YB1PROD with BILLS
32 

•S 2724 RS

1 ‘‘(f) CIVIL PENALTIES.— 

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

3 attempts to launch, or facilitates launching of 

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

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

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

10 penalties assessed under any other authority. 

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

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

13 the Secretary of the Interior, in a nondelegable capacity 

14 and in consultation with the Planning Agency and State 

15 governments, issues a determination that alternative 

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

18 strategies and criteria. 

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

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

21 made available to the Director, in coordination with the 

22 Planning Agency and State governments— 

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


smartinez on DSKB9S0YB1PROD with BILLS
33 

•S 2724 RS

1 local governments, or private entities to guard 

2 against introduction of aquatic invasive species into 

3 Lake Tahoe, including the potential establishment of 

4 inspection and decontamination stations on major 

5 transitways entering the Lake Tahoe Basin; and 

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

9 aquatic invasive species. 

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

11 under this section is supplemental to all actions taken by 

12 non-Federal regulatory authorities. 

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

14 AGREEMENTS. 

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

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

19 programmatic technical assistance for the Environmental 

20 Improvement Program. 

21 ‘‘(b) LOCAL COOPERATION AGREEMENTS.— 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
34 

•S 2724 RS

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

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

4 into under paragraph (1) shall— 

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

6 assistance; 

7 ‘‘(B) describe any legal and institutional 

8 structures necessary to ensure the effective 

9 long-term viability of the end products by the 

10 non-Federal interest; and 

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

13 ‘‘(3) FEDERAL SHARE.— 

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

15 project costs under each local cooperation 

16 agreement under this subsection shall be 65 

17 percent. 

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

19 the form of reimbursements of project costs. 

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

21 may receive credit toward the non-Federal 

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


smartinez on DSKB9S0YB1PROD with BILLS
35 

•S 2724 RS

1 agreement with the Assistant Secretary under 

2 this subsection. 

3 ‘‘SEC. 11. SCIENCE PROGRAM. 

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

6 Nevada, and the Tahoe Science Consortium, shall develop 

7 and implement a Lake Tahoe Science Program that— 

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

10 monitoring plan— 

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

12 Environmental Improvement Program; 

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

14 indicators related to environmental threshold 

15 carrying capacities; and 

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

17 changing climatic conditions and invasive spe18 cies; 

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

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

23 report described in section 13; 

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


smartinez on DSKB9S0YB1PROD with BILLS
36 

•S 2724 RS

1 ‘‘(A) the identification and refinement of 

2 environmental indicators for the Lake Tahoe 

3 Basin; and 

4 ‘‘(B) the evaluation of standards and 

5 benchmarks; 

6 ‘‘(5) conducts applied research, programmatic 

7 technical assessments, scientific data management, 

8 analysis, and reporting related to key management 

9 questions; 

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

12 conditions; 

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

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

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

18 the loss of lake clarity; and 

19 ‘‘(B) the development and implementation 

20 of an integrated stormwater monitoring and as21 sessment program; 

22 ‘‘(8) establishes and maintains independent 

23 peer review processes— 

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


smartinez on DSKB9S0YB1PROD with BILLS
37 

•S 2724 RS

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

2 scientific consistency of central environmental 

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

4 and 

5 ‘‘(9) provides scientific and technical support 

6 for the development of appropriate management 

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

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

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

11 and Director will coordinate with the Planning Agency to 

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

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

15 Tahoe Basin— 

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

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

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

20 Tahoe Basin and visitors to the Lake Tahoe Basin, 

21 to help prevent the introduction and proliferation of 

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


smartinez on DSKB9S0YB1PROD with BILLS
38 

•S 2724 RS

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

2 and education programs for aquatic invasive species under 

3 this section shall— 

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

5 tourism and business organizations; and 

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

8 ‘‘SEC. 13. REPORTING REQUIREMENTS. 

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

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

13 describes— 

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

15 private projects authorized under this Act, including 

16 to the maximum extent practicable, for projects that 

17 will receive Federal funds under this Act during the 

18 current or subsequent fiscal year— 

19 ‘‘(A) the project scope; 

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

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

23 8(c)(1); 

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


smartinez on DSKB9S0YB1PROD with BILLS
39 

•S 2724 RS

1 Environmental Improvement Program and projects 

2 otherwise authorized under this Act; 

3 ‘‘(3) accomplishments in the preceding fiscal 

4 year in implementing this Act in accordance with the 

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

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

10 ‘‘SEC. 14. ANNUAL BUDGET PLAN. 

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

12 President shall submit information regarding each Federal 

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

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

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

19 agency in carrying out restoration activities relating 

20 to the Environmental Improvement Program for the 

21 following fiscal year; 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
40 

•S 2724 RS

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

2 Environmental Improvement Program, including the 

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

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

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

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

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

10 interstate agencies, other public or nonprofit agencies and 

11 institutions, or institutions of higher education to develop 

12 a Lake Tahoe Basin watershed strategy in coordination 

13 with the Planning Agency, the States of California and 

14 Nevada, and the Secretary. 

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

17 an opportunity for public review and comment. 

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

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

22 ‘‘(2) comprehensive watershed characterization 

23 and restoration priorities consistent with— 

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

25 load; and 


smartinez on DSKB9S0YB1PROD with BILLS
41 

•S 2724 RS

1 ‘‘(B) the environmental threshold carrying 

2 capacities of Lake Tahoe; 

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

5 ‘‘(4) an adaptive management system— 

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

7 and 

8 ‘‘(B) to adjust the program. 

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

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

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

12 to carry out this section.’’. 

13 SEC. 8. RELATIONSHIP TO OTHER LAWS. 

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

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 The Lake Tahoe Restoration Act (Public Law 106– 

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

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

23 ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

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


smartinez on DSKB9S0YB1PROD with BILLS
42 

•S 2724 RS

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

2 date of enactment of the Lake Tahoe Restoration Act of 

3 2009. 

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

6 Act— 

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

8 made available to the Secretary, Administrator, or 

9 Director for expenditure in the Lake Tahoe Basin; 

10 and 

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

14 Service. 

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

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

19 Basin funded under section 6 or 8. 

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

23 with— 

24 ‘‘(1) environmental restoration projects under 

25 sections 6 and 8; and 


smartinez on DSKB9S0YB1PROD with BILLS
43 

•S 2724 RS

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

2 Public Law 96–586 (94 Stat. 3381). 

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

4 a project provided assistance under this Act shall include 

5 appropriate signage at the project site that— 

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

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

8 provided to the project; and 

9 ‘‘(B) this Act; and 

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

11 Environmental Improvement Program.’’. 

12 SEC. 10. CONFORMING AMENDMENTS. 

13 (a) ADMINISTRATION OF ACQUIRED LAND.—Section 

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

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

16 following: 

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

18 ‘‘(1) IN GENERAL.—Land’’; and 

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

20 ‘‘(2) INTERCHANGE.— 

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

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

25 may interchange (as defined in the first section 


smartinez on DSKB9S0YB1PROD with BILLS
44 

•S 2724 RS

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

2 land or interest in land within the Lake Tahoe 

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

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

8 land or an interest in land that the Secretary 

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

11 or size of the land. 

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

13 under this paragraph, the Secretary shall— 

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

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

17 necessary to ensure— 

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

21 the National Forest System; and 

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

24 within the National Forest System; 


smartinez on DSKB9S0YB1PROD with BILLS
45 

•S 2724 RS

1 ‘‘(ii) receive land within the Lake 

2 Tahoe Basin of approximately equal value 

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

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

5 and 

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

8 ‘‘(I) assume the maintenance of 

9 the environmental status quo; and 

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

13 Management Unit Urban Lots Pro14 gram. 

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

16 OF STATE GOVERNMENT.—Any unit of State 

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

19 under this paragraph shall not convey the land 

20 to any person or entity other than the Federal 

21 Government or a State government.’’. 

22 (b) INTERAGENCY AGREEMENT FUNDING.—Section 

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


smartinez on DSKB9S0YB1PROD with BILLS
46 

•S 2724 RS

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Tahoe Restoration 

5 Act of 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 The Lake Tahoe Restoration Act (Public Law 106–506; 

8 114 Stat. 2351) is amended by striking section 2 and in9 serting the following: 

10 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

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

12 ‘‘(1) Lake Tahoe— 

13 ‘‘(A) is 1 of the largest, deepest, and clearest 

14 lakes in the world; 

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

16 diverse alpine setting, and remarkable water 

17 clarity; and 

18 ‘‘(C) is recognized nationally and world19 wide as a natural resource of special signifi20 cance; 

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

22 treasure, the Lake Tahoe Basin is 1 of the out23 standing recreational resources of the United States, 

24 which— 


smartinez on DSKB9S0YB1PROD with BILLS
47 

•S 2724 RS

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

2 camping, and hiking to millions of visitors each 

3 year; and 

4 ‘‘(B) contributes significantly to the econo5 mies of California, Nevada, and the United 

6 States; 

7 ‘‘(3) the economy in the Lake Tahoe Basin is de8 pendent on the protection and restoration of the nat9 ural beauty and recreation opportunities in the area; 

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

11 threatened by the impacts of land use and transpor12 tation patterns developed in the last century that 

13 damage the fragile watershed of the Basin; 

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

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

16 feet in 2008; 

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

18 Tahoe has decreased in recent years; 

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

20 could be achieved through feasible control measures for 

21 very fine sediment particles and nutrients; 

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

23 key nutrients such as phosphorus and nitrogen that 

24 support the growth of algae and invasive plants, con25 tinue to flow into the lake from stormwater runoff 


smartinez on DSKB9S0YB1PROD with BILLS
48 

•S 2724 RS

1 from developed areas, roads, turf, other disturbed 

2 land, and streams; 

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

4 wet meadows, and stream zone habitat have com5 promised the natural capacity of the watershed to fil6 ter sediment, nutrients, and pollutants before reach7 ing Lake Tahoe; 

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

9 the Lake Tahoe Basin are either dead or dying; 

10 ‘‘(11) forests in the Tahoe Basin suffer from over 

11 a century of fire suppression and periodic drought, 

12 which have resulted in— 

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

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

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

16 fuels, which significantly increases the threat of 

17 catastrophic fire and insect infestation; 

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

19 terrestrial invasive species (including bass, milfoil, 

20 and Asian clam) threatens the ecosystem of the Lake 

21 Tahoe Basin; 

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

23 Tahoe Basin of the introduction and establishment of 

24 other invasive species (such as the zebra mussel, New 

25 Zealand mud snail, and quagga mussel); 


smartinez on DSKB9S0YB1PROD with BILLS
49 

•S 2724 RS

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

2 California, Davis, entitled the ‘State of the Lake Re3 port’, found that conditions in the Lake Tahoe Basin 

4 had changed, including— 

5 ‘‘(A) the average surface water temperature 

6 of Lake Tahoe has risen by more than 1.5 degrees 

7 Fahrenheit in the past 37 years; and 

8 ‘‘(B) since 1910, the percent of precipitation 

9 that has fallen as snow in the Lake Tahoe Basin 

10 decreased from 52 percent to 34 percent; 

11 ‘‘(15) 75 percent of the land in the Lake Tahoe 

12 Basin is owned by the Federal Government, which 

13 makes it a Federal responsibility to restore environ14 mental health to the Basin; 

15 ‘‘(16) the Federal Government has a long history 

16 of environmental preservation at Lake Tahoe, includ17 ing— 

18 ‘‘(A) congressional consent to the establish19 ment of the Tahoe Regional Planning Agency 

20 with— 

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

22 Law 91–148 (83 Stat. 360); and 

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

24 Law 96–551 (94 Stat. 3233); 


smartinez on DSKB9S0YB1PROD with BILLS
50 

•S 2724 RS

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

2 Basin Management Unit in 1973; 

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

4 (94 Stat. 3381) in 1980 to provide for the acqui5 sition of environmentally sensitive land and ero6 sion control grants in the Lake Tahoe Basin; 

7 ‘‘(D) the enactment of sections 341 and 342 

8 of the Department of the Interior and Related 

9 Agencies Appropriations Act, 2004 (Public Law 

10 108–108; 117 Stat. 1317), which amended the 

11 Southern Nevada Public Land Management Act 

12 of 1998 (Public Law 105–263; 112 Stat. 2346) 

13 to provide payments for the environmental res14 toration projects under this Act; and 

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

16 Tax Relief and Health Care Act of 2006 (Public 

17 Law 109–432; 120 Stat. 3045), which amended 

18 the Southern Nevada Public Land Management 

19 Act of 1998 (Public Law 105–263; 112 Stat. 

20 2346) to authorize development and implementa21 tion of a comprehensive 10-year hazardous fuels 

22 and fire prevention plan for the Lake Tahoe 

23 Basin; 

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

25 Civil Works was an original signatory in 1997 to the 


smartinez on DSKB9S0YB1PROD with BILLS
51 

•S 2724 RS

1 Agreement of Federal Departments on Protection of 

2 the Environment and Economic Health of the Lake 

3 Tahoe Basin; 

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

5 from the Assistant Secretary of the Army for Civil 

6 Works, has continued to be a significant contributor 

7 to Lake Tahoe Basin restoration, including— 

8 ‘‘(A) stream and wetland restoration; 

9 ‘‘(B) urban stormwater conveyance and 

10 treatment; and 

11 ‘‘(C) programmatic technical assistance; 

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

13 1997, the President renewed the commitment of the 

14 Federal Government to Lake Tahoe by— 

15 ‘‘(A) committing to increased Federal re16 sources for environmental restoration at Lake 

17 Tahoe; and 

18 ‘‘(B) establishing the Federal Interagency 

19 Partnership and Federal Advisory Committee to 

20 consult on natural resources issues concerning 

21 the Lake Tahoe Basin; 

22 ‘‘(20) at the 2008 and 2009 Lake Tahoe Forums, 

23 Senator Reid, Senator Feinstein, Senator Ensign, 

24 and Governor Gibbons— 


smartinez on DSKB9S0YB1PROD with BILLS
52 

•S 2724 RS

1 ‘‘(A) renewed their commitment to Lake 

2 Tahoe; and 

3 ‘‘(B) expressed their desire to fund the Fed4 eral share of the Environmental Improvement 

5 Program through 2018; 

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

7 States of California and Nevada, units of local gov8 ernment, and the private sector have contributed more 

9 than $1,430,000,000 to the Lake Tahoe Basin, includ10 ing— 

11 ‘‘(A) $424,000,000 from the Federal Govern12 ment; 

13 ‘‘(B) $612,000,000 from the State of Cali14 fornia; 

15 ‘‘(C) $87,000,000 from the State of Nevada; 

16 ‘‘(D) $59,000,000 from units of local gov17 ernment; and 

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

19 ‘‘(22) significant additional investment from 

20 Federal, State, local, and private sources is nec21 essary— 

22 ‘‘(A) to restore and sustain the environ23 mental health of the Lake Tahoe Basin; 

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

25 climatic conditions; and 


smartinez on DSKB9S0YB1PROD with BILLS
53 

•S 2724 RS

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

2 the introduction and establishment of invasive 

3 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 annually 

7 for the Fire Risk Reduction and Forest Management 

8 Program. 

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

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

11 Director of the United States Fish and Wildlife Serv12 ice, and the Administrator of the Environmental Pro13 tection 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 and 

23 to coordinate on other activities in a manner that 

24 supports achievement and maintenance of— 


smartinez on DSKB9S0YB1PROD with BILLS
54 

•S 2724 RS

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 to11 gether— 

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

13 integrated monitoring, assessment, and applied 

14 research to evaluate the effectiveness of the Envi15 ronmental 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 106–506; 

23 114 Stat. 2351) is amended by striking section 3 and in24 serting the following: 


smartinez on DSKB9S0YB1PROD with BILLS
55 

•S 2724 RS

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 ‘Assist7 ant Secretary’ means the Assistant Secretary of the 

8 Army for Civil Works. 

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

10 of the Federal Partnership. 

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

12 Tahoe Regional Planning Compact included in the 

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

14 ‘‘(5) DIRECTOR.—The term ‘Director’ means the 

15 Director of the United States Fish and Wildlife Serv16 ice. 

17 ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO18 GRAM.—The term ‘Environmental Improvement Pro19 gram’ means— 

20 ‘‘(A) the Environmental Improvement Pro21 gram adopted by the Planning Agency; and 

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

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

25 capacity’ has the meaning given the term in article 

26 II of the compact. 


smartinez on DSKB9S0YB1PROD with BILLS
56 

•S 2724 RS

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

3 Interagency Partnership established by Executive 

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

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

7 ‘forest management activity’ includes— 

8 ‘‘(A) prescribed burning for ecosystem 

9 health and hazardous fuels reduction; 

10 ‘‘(B) mechanical and minimum tool treat11 ment; 

12 ‘‘(C) road decommissioning or reconstruc13 tion; 

14 ‘‘(D) stream environment zone restoration 

15 and other watershed and wildlife habitat en16 hancements; 

17 ‘‘(E) nonnative invasive species manage18 ment; and 

19 ‘‘(F) other activities consistent with Forest 

20 Service practices, as the Secretary determines to 

21 be appropriate. 

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

23 term ‘national wildland fire code’ means— 


smartinez on DSKB9S0YB1PROD with BILLS
57 

•S 2724 RS

1 ‘‘(A) the most recent publication of the Na2 tional Fire Protection Association code numbered 

3 1141, 1142, or 1144; 

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

5 International Wildland-Urban Interface Code of 

6 the International Code Council; or 

7 ‘‘(C) any other code that the Secretary de8 termines provides the same, or better, standards 

9 for protection against wildland fire as a code de10 scribed 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’ means 

19 the Secretary of Agriculture, acting through the Chief 

20 of the Forest Service. 

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

22 ‘total maximum daily load’ means the total max23 imum daily load allocations adopted under section 

24 303(d) of the Federal Water Pollution Control Act (33 

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


smartinez on DSKB9S0YB1PROD with BILLS
58 

•S 2724 RS

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

2 ‘Stream Environment Zone’ means an area that gen3 erally owes the biological and physical characteristics 

4 of the area to the presence of surface water or ground5 water. 

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

7 means all motorized and non-motorized watercraft, 

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

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

12 Section 4 of the Lake Tahoe Restoration Act (Public 

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

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

15 inserting ‘‘Basin’’; and 

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

17 ‘‘(c) TRANSIT.— 

18 ‘‘(1) IN GENERAL.—The Lake Tahoe Basin Man19 agement Unit shall, consistent with the regional 

20 transportation plan adopted by the Planning Agency, 

21 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 Lake 

25 Tahoe Basin, including the prioritization of alVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
59 

•S 2724 RS

1 ternatives to the private automobile, consistent 

2 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 Highway 

6 28 and California Highway 89; and 

7 ‘‘(C) to providing support and assistance to 

8 local public transit systems in the management 

9 and operations of activities under this sub10 section. 

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 of 

17 Transportation to secure operating and capital funds 

18 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 appro24 priate, coordinate with the Administrator and 

25 State and local agencies and organizations, inVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
60 

•S 2724 RS

1 cluding local fire departments and volunteer 

2 groups. 

3 ‘‘(B) GOALS.—The coordination of activities 

4 under subparagraph (A) should aim to increase 

5 efficiencies and maximize the compatibility of 

6 management practices across public property 

7 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 bene15 fits, including— 

16 ‘‘(I) reducing forest fuels; 

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

19 ‘‘(III) improving wetland and 

20 water quality, including in Stream 

21 Environment Zones; and 

22 ‘‘(IV) increasing resilience to 

23 changing climatic conditions; and 


smartinez on DSKB9S0YB1PROD with BILLS
61 

•S 2724 RS

1 ‘‘(ii) helps achieve and maintain the 

2 environmental threshold carrying capacities 

3 established by the Planning Agency. 

4 ‘‘(B) EXCEPTION.—Notwithstanding clause 

5 (A)(i), the attainment of multiple ecosystem ben6 efits shall not be required if the Secretary deter7 mines that management for multiple ecosystem 

8 benefits would excessively increase the cost of a 

9 project in relation to the additional ecosystem 

10 benefits gained from the management activity. 

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

12 applicable Federal law and Lake Tahoe Basin Man13 agement Unit land and resource management plan 

14 direction, the Secretary shall— 

15 ‘‘(A) establish post-project ground condition 

16 criteria for ground disturbance caused by forest 

17 management activities; and 

18 ‘‘(B) provide for monitoring to ascertain the 

19 attainment of the post-project conditions. 

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

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

22 rights and paragraph (2), the Federal land located in 

23 the Lake Tahoe Basin Management Unit is with24 drawn from— 


smartinez on DSKB9S0YB1PROD with BILLS
62 

•S 2724 RS

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 on 

10 which the Secretary, after conducting a review of 

11 all Federal land in the Lake Tahoe Basin Man12 agement Unit and receiving public input, has 

13 made a determination on which parcels of Fed14 eral 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 necessary; 

21 and 

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

24 ‘‘(f) ENVIRONMENTAL THRESHOLD CARRYING CAPAC25 ITY.—The Lake Tahoe Basin Management Unit shall supVerDate Mar 15 2010 00:49 Jun 22, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\S2724.RS S2724

smartinez on DSKB9S0YB1PROD with BILLS
63 

•S 2724 RS

1 port the attainment of the environmental threshold carrying 

2 capacities. 

3 ‘‘(g) COOPERATIVE AUTHORITIES.— 

4 ‘‘(1) IN GENERAL.—During the 4 fiscal years fol5 lowing the date of enactment of the Lake Tahoe Res6 toration Act of 2010, the Secretary, in conjunction 

7 with land adjustment projects or programs, may enter 

8 into contracts and cooperative agreements with 

9 States, units of local government, and other public 

10 and private entities to provide for fuel reduction, ero11 sion control, reforestation, Stream Environment Zone 

12 restoration, and similar management activities on 

13 Federal land and non-Federal land within the 

14 projects or programs. 

15 ‘‘(2) REPORT ON LAND STATUS.— 

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

17 after the date of enactment of the Lake Tahoe 

18 Restoration Act of 2010, the Secretary shall sub19 mit to Congress a report regarding the manage20 ment of land in the Lake Tahoe Basin Manage21 ment Unit Urban Lots Program, including— 

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

23 recent actions for land consolidation and 

24 adjustment; and 


smartinez on DSKB9S0YB1PROD with BILLS
64 

•S 2724 RS

1 ‘‘(ii) the identification of any obstacles 

2 to desired conveyances or interchanges. 

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

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

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

8 delays the conveyance of parcels under— 

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

10 ‘‘(ii) any other authority available to 

11 the Secretary. 

12 ‘‘(3) SUPPLEMENTAL AUTHORITY.—The author13 ity of this subsection is supplemental to all other co14 operative authorities of the Secretary.’’. 

15 SEC. 5. CONSULTATION. 

16 The Lake Tahoe Restoration Act (Public Law 106–506; 

17 114 Stat. 2351) is amended by striking section 5 and in18 serting the following: 

19 ‘‘SEC. 5. CONSULTATION. 

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

22 timely manner, consult with the heads of the Washoe Tribe, 

23 applicable Federal, State, regional, and local governmental 

24 agencies, and the Lake Tahoe Federal Advisory Com25 mittee.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
65 

•S 2724 RS

1 SEC. 6. AUTHORIZED PROJECTS. 

2 The Lake Tahoe Restoration Act (Public Law 106–506; 

3 114 Stat. 2351) is amended by striking section 6 and in4 serting the following: 

5 ‘‘SEC. 6. AUTHORIZED PROJECTS. 

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

7 the Administrator, in coordination with the Planning 

8 Agency and the States of California and Nevada, may carry 

9 out or provide financial assistance to any project or pro10 gram described in subsection (c) or included in the Priority 

11 List under section 8 to further the purposes of the Environ12 mental Improvement Program if the project has been subject 

13 to environmental review and approval, respectively, as re14 quired under Federal law, article 7 of the Compact, and 

15 State law, as applicable. The Administrator shall use no 

16 more than three percent of the funds provided for admin17 istering the projects or programs described in subsection 

18 (c)(1) and (2). 

19 ‘‘(b) MONITORING AND ASSESSMENT.—All projects au20 thorized under subsection (c) and section 8 shall— 

21 ‘‘(1) include funds for monitoring and assess22 ment of the results and effectiveness at the project and 

23 program level consistent with the program developed 

24 under section 11; and 

25 ‘‘(2) use the integrated multiagency performance 

26 measures established under that section. 


smartinez on DSKB9S0YB1PROD with BILLS
66 

•S 2724 RS

1 ‘‘(c) DESCRIPTION OF ACTIVITIES.— 

2 ‘‘(1) STORMWATER MANAGEMENT, EROSION CON3 TROL, AND TOTAL MAXIMUM DAILY LOAD IMPLEMEN4 TATION.—Of the amounts made available under sec5 tion 18(a), $40,000,000 shall be made available for 

6 grants by the Administrator for the Federal share of 

7 the following projects: 

8 ‘‘(A) Bijou Stormwater Improvement 

9 Project in the City of South Lake Tahoe, Cali10 fornia. 

11 ‘‘(B) Christmas Valley Stormwater Im12 provement Project in El Dorado County, Cali13 fornia. 

14 ‘‘(C) Kings Beach Watershed Improvement 

15 Project in Placer County, California. 

16 ‘‘(D) Lake Forest Stormwater and Water17 shed Improvement Project in Placer County, 

18 California. 

19 ‘‘(E) Crystal Bay Stormwater Improvement 

20 Project in Washoe County, Nevada. 

21 ‘‘(F) Washoe County Stormwater Improve22 ment Projects 4, 5, and 6 in Washoe County, Ne23 vada. 

24 ‘‘(G) Upper and Lower Kingsbury Project 

25 in Douglas County, Nevada. 


smartinez on DSKB9S0YB1PROD with BILLS
67 

•S 2724 RS

1 ‘‘(H) Lake Village Drive-Phase II 

2 Stormwater Improvement in Douglas County, 

3 Nevada. 

4 ‘‘(I) State Route 28 Spooner to Sand Har5 bor Stormwater Improvement, Washoe County, 

6 Nevada. 

7 ‘‘(J) State Route 431 Stormwater Improve8 ment, Washoe County, Nevada. 

9 ‘‘(2) STREAM ENVIRONMENT ZONE AND WATER10 SHED RESTORATION.—Of the amounts made available 

11 under section 18(a), $32,000,000 shall be made avail12 able for grants by the Administrator for the Federal 

13 share of the following projects: 

14 ‘‘(A) Upper Truckee River and Marsh Res15 toration Project. 

16 ‘‘(B) Upper Truckee River Mosher, Reaches 

17 1 & 2. 

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

19 ‘‘(D) Lower Blackwood Creek Restoration 

20 Project. 

21 ‘‘(E) Ward Creek. 

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

23 Restoration. 

24 ‘‘(G) Rosewood Creek Restoration Project. 


smartinez on DSKB9S0YB1PROD with BILLS
68 

•S 2724 RS

1 ‘‘(3) FIRE RISK REDUCTION AND FOREST MAN2 AGEMENT.— 

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

4 available under section 18(a), $136,000,000 shall 

5 be made available for assistance by the Secretary 

6 for the following projects: 

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

8 Lake Tahoe Basin Multi-Jurisdictional 

9 Fuel Reduction and Wildfire Prevention 

10 Strategy 10-Year Plan. 

11 ‘‘(ii) Competitive grants for fuels work 

12 to be awarded by the Secretary to commu13 nities that have adopted national wildland 

14 fire codes to implement the applicable por15 tion of the 10-year plan described in clause 

16 (i). 

17 ‘‘(iii) Biomass projects, including fea18 sibility assessments and transportation of 

19 materials. 

20 ‘‘(iv) Angora Fire Restoration projects 

21 under the jurisdiction of the Secretary. 

22 ‘‘(v) Washoe Tribe projects on tribal 

23 lands within the Lake Tahoe Basin. 

24 ‘‘(B) MULTIPLE BENEFIT FUELS

25 PROJECTS.—Consistent with the requirements of 


smartinez on DSKB9S0YB1PROD with BILLS
69 

•S 2724 RS

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

2 amounts made available to carry out subpara3 graph (A) shall be available to the Secretary for 

4 the planning and implementation of multiple 

5 benefit fuels projects with an emphasis on res6 toration projects in Stream Environment Zones. 

7 ‘‘(C) MINIMUM ALLOCATION.—Of the 

8 amounts made available to carry out subpara9 graph (A), at least $80,000,000 shall be made 

10 available to the Secretary for projects under sub11 paragraph (A)(i). 

12 ‘‘(D) PRIORITY.—Units of local government 

13 that have dedicated funding for inspections and 

14 enforcement of defensible space regulations shall 

15 be given priority for amounts provided under 

16 this paragraph. 

17 ‘‘(E) COST-SHARING REQUIREMENTS.—As a 

18 condition on the receipt of funds, communities or 

19 local fire districts that receive funds under this 

20 paragraph shall provide a 25 percent match. 

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

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

23 $20,500,000 shall be made available to the Director 

24 for the Aquatic Invasive Species Program and the 

25 watercraft inspections described in section 9. 


smartinez on DSKB9S0YB1PROD with BILLS
70 

•S 2724 RS

1 ‘‘(5) SPECIAL STATUS SPECIES MANAGEMENT.— 

2 Of the amounts to be made available under section 

3 18(a), $20,000,000 shall be made available to the Di4 rector for the Lahontan Cutthroat Trout Recovery 

5 Program. 

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

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

8 $30,000,000 shall be used to develop and implement 

9 the Lake Tahoe Basin Program developed under sec10 tion 11. 

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

12 available under section 18(a) that remain available after 

13 projects described in subsection (c) have been funded shall 

14 be made available for projects included in the Priority List 

15 under section 8.’’. 

16 SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST. 

17 The Lake Tahoe Restoration Act (Public Law 106–506; 

18 114 Stat. 2351) is amended— 

19 (1) by striking sections 8 and 9; 

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

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

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

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
71 

•S 2724 RS

1 $136,000,000 shall be made available for projects identified 

2 on the Priority List. 

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

4 year after the date of enactment of the Lake Tahoe Restora5 tion Act of 2010, the Chair, in consultation with the Sec6 retary, the Administrator, the Director, the Planning Agen7 cy, the States of California and Nevada, the Federal Part8 nership, the Washoe Tribe, the Lake Tahoe Federal Advisory 

9 Committee, and the Tahoe Science Consortium shall submit 

10 to Congress a prioritized list of all Environmental Improve11 ment Program projects for the Lake Tahoe Basin, regardless 

12 of program category. 

13 ‘‘(c) CRITERIA.— 

14 ‘‘(1) IN GENERAL.—The priority of projects in15 cluded in the Priority List shall be based on the best 

16 available science and the following criteria: 

17 ‘‘(A) The 5-year threshold carrying capacity 

18 evaluation. 

19 ‘‘(B) The ability to measure progress or suc20 cess of the project. 

21 ‘‘(C) The potential to significantly con22 tribute to the achievement and maintenance of 

23 the environmental threshold carrying capacities 

24 identified in the Compact for— 

25 ‘‘(i) air quality; 


smartinez on DSKB9S0YB1PROD with BILLS
72 

•S 2724 RS

1 ‘‘(ii) fisheries; 

2 ‘‘(iii) noise; 

3 ‘‘(iv) recreation; 

4 ‘‘(v) scenic resources; 

5 ‘‘(vi) soil conservation; 

6 ‘‘(vii) forest health; 

7 ‘‘(viii) water quality; and 

8 ‘‘(ix) wildlife. 

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

10 multiple benefits. 

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

12 non-Federal contributions. 

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

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

15 ‘‘(H) Agency priority. 

16 ‘‘(I) Agency capacity. 

17 ‘‘(J) Cost-effectiveness. 

18 ‘‘(K) Federal funding history. 

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

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

21 Chair determines to be appropriate, give preference to 

22 projects in the Priority List that benefit existing 

23 neighborhoods in the Basin that are at or below re24 gional median income levels, based on the most recent 

25 census data available. 


smartinez on DSKB9S0YB1PROD with BILLS
73 

•S 2724 RS

1 ‘‘(3) EROSION CONTROL PROJECTS.—For pur2 poses of the Priority List and section 6(c)(1), erosion 

3 control projects shall be considered part of the 

4 stormwater management and total maximum daily 

5 load program of the Environmental Improvement 

6 Program. The Administrator shall coordinate with the 

7 Secretary on such projects. 

8 ‘‘(d) REVISIONS.— 

9 ‘‘(1) IN GENERAL.—The Priority List submitted 

10 under subsection (b) shall be revised— 

11 ‘‘(A) every 4 years; or 

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

13 paragraph (2). 

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

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

16 Administrator, or the Director makes a finding 

17 of compelling need justifying a priority shift and 

18 the finding is approved by the Secretary, the Ex19 ecutive Director of the Planning Agency, the 

20 California Natural Resources Secretary, and the 

21 Director of the Nevada Department of Conserva22 tion, the Priority List shall be revised in accord23 ance with this subsection. 

24 ‘‘(B) INCLUSIONS.—A finding of compelling 

25 need includes— 


smartinez on DSKB9S0YB1PROD with BILLS
74 

•S 2724 RS

1 ‘‘(i) major scientific findings; 

2 ‘‘(ii) results from the threshold evalua3 tion of the Planning Agency; 

4 ‘‘(iii) emerging environmental threats; 

5 and 

6 ‘‘(iv) rare opportunities for land acqui7 sition. 

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

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

10 date of enactment of the Lake Tahoe Restoration Act of 

11 2010, the Director, in coordination with the Planning 

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

13 the Nevada Department of Wildlife, shall deploy strategies 

14 that meet or exceed the criteria described in subsection (b) 

15 for preventing the introduction of aquatic invasive species 

16 into the Lake Tahoe Basin. 

17 ‘‘(b) CRITERIA.—The strategies referred to in sub18 section (a) shall provide that— 

19 ‘‘(1) combined inspection and decontamination 

20 stations be established and operated at not less than 

21 2 locations in the Lake Tahoe Basin; 

22 ‘‘(2) watercraft not be allowed to launch in wa23 ters of the Lake Tahoe Basin if the watercraft— 

24 ‘‘(A) has been in waters infested by quagga 

25 or zebra mussels; 


smartinez on DSKB9S0YB1PROD with BILLS
75 

•S 2724 RS

1 ‘‘(B) shows evidence of invasive species that 

2 the Director has determined would be detri3 mental to the Lake Tahoe ecosystem; or 

4 ‘‘(C) cannot be reliably decontaminated in 

5 accordance with paragraph (3); 

6 ‘‘(3) subject to paragraph (4), all watercraft sur7 faces and appurtenance (such as anchors and fenders) 

8 that contact with water shall be reliably decontami9 nated, based on standards developed by the Director 

10 using the best available science; 

11 ‘‘(4) watercraft bearing positive verification of 

12 having last launched within the Lake Tahoe Basin 

13 may be exempted from decontamination under para14 graph (3); and 

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

16 watercraft maintain documentation of compliance 

17 with the strategies deployed under this section. 

18 ‘‘(c) CERTIFICATION.—The Director may certify State 

19 agencies to perform the decontamination activities described 

20 in subsection (b)(3) at locations outside the Lake Tahoe 

21 Basin if standards at the sites meet or exceed standards 

22 for similar sites in the Lake Tahoe Basin established under 

23 this section. 


smartinez on DSKB9S0YB1PROD with BILLS
76 

•S 2724 RS

1 ‘‘(d) APPLICABILITY.—The strategies and criteria de2 veloped under this section shall apply to all watercraft to 

3 be launched on water within the Lake Tahoe Basin. 

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

5 for decontamination only at a level sufficient to cover the 

6 costs of operation of inspection and decontamination sta7 tions under this section. 

8 ‘‘(f) CIVIL PENALTIES.— 

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

10 attempts to launch, or facilitates launching of 

11 watercraft not in compliance with strategies deployed 

12 under this section shall be liable for a civil penalty 

13 in an amount not to exceed $1,000 per violation. 

14 ‘‘(2) OTHER AUTHORITIES.—Any penalties as15 sessed under this subsection shall be separate from 

16 penalties assessed under any other authority. 

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

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

19 Secretary of the Interior, in a nondelegable capacity and 

20 in consultation with the Planning Agency and State gov21 ernments, issues a determination that alternative measures 

22 will be no less effective at preventing introduction of aquatic 

23 invasive species into Lake Tahoe than the strategies and 

24 criteria. 


smartinez on DSKB9S0YB1PROD with BILLS
77 

•S 2724 RS

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

2 section 6(c)(4), not more than $500,000 shall be made avail3 able to the Director, in coordination with the Planning 

4 Agency and State governments— 

5 ‘‘(1) to evaluate the feasibility, cost, and poten6 tial effectiveness of further efforts that could be under7 taken by the Federal Government, State and local 

8 governments, or private entities to guard against in9 troduction of aquatic invasive species into Lake 

10 Tahoe, including the potential establishment of in11 spection and decontamination stations on major 

12 transitways entering the Lake Tahoe Basin; and 

13 ‘‘(2) to evaluate and identify options for ensur14 ing that all waters connected to Lake Tahoe are pro15 tected from quagga and zebra mussels and other 

16 aquatic invasive species. 

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

18 under this section is supplemental to all actions taken by 

19 non-Federal regulatory authorities. 

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

21 construed as restricting, affecting, or amending any other 

22 law or the authority of any department, instrumentality, 

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

24 subdivision thereof, respecting the control of invasive spe25 cies. 


smartinez on DSKB9S0YB1PROD with BILLS
78 

•S 2724 RS

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

2 AGREEMENTS. 

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

4 enter into interagency agreements with non-Federal inter5 ests in the Lake Tahoe Basin to use Lake Tahoe Partner6 ship-Miscellaneous General Investigations funds to provide 

7 programmatic technical assistance for the Environmental 

8 Improvement Program. 

9 ‘‘(b) LOCAL COOPERATION AGREEMENTS.— 

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

11 assistance under this section, the Assistant Secretary 

12 shall enter into a local cooperation agreement with a 

13 non-Federal interest to provide for the technical as14 sistance. 

15 ‘‘(2) COMPONENTS.—The agreement entered into 

16 under paragraph (1) shall— 

17 ‘‘(A) describe the nature of the technical as18 sistance; 

19 ‘‘(B) describe any legal and institutional 

20 structures necessary to ensure the effective long21 term viability of the end products by the non22 Federal interest; and 

23 ‘‘(C) include cost-sharing provisions in ac24 cordance with paragraph (3). 

25 ‘‘(3) FEDERAL SHARE.— 


smartinez on DSKB9S0YB1PROD with BILLS
79 

•S 2724 RS

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

2 project costs under each local cooperation agree3 ment under this subsection shall be 65 percent. 

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

5 the form of reimbursements of project costs. 

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

7 may receive credit toward the non-Federal share 

8 for the reasonable costs of related technical ac9 tivities completed by the non-Federal interest be10 fore entering into a local cooperation agreement 

11 with the Assistant Secretary under this sub12 section. 

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

14 ‘‘The Administrator, in cooperation with the Sec15 retary, the Planning Agency, the States of California and 

16 Nevada, and the Tahoe Science Consortium, shall develop 

17 and implement the Lake Tahoe Basin Program that— 

18 ‘‘(1) develops and regularly updates an inte19 grated multiagency programmatic assessment and 

20 monitoring plan— 

21 ‘‘(A) to evaluate the effectiveness of the En22 vironmental Improvement Program; 

23 ‘‘(B) to evaluate the status and trends of in24 dicators related to environmental threshold car25 rying capacities; and 


smartinez on DSKB9S0YB1PROD with BILLS
80 

•S 2724 RS

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

2 changing climatic conditions and invasive spe3 cies; 

4 ‘‘(2) develops a comprehensive set of performance 

5 measures for Environmental Improvement Program 

6 assessment; 

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

8 report described in section 13; 

9 ‘‘(4) produces and synthesizes scientific informa10 tion necessary for— 

11 ‘‘(A) the identification and refinement of 

12 environmental indicators for the Lake Tahoe 

13 Basin; and 

14 ‘‘(B) the evaluation of standards and bench15 marks; 

16 ‘‘(5) conducts applied research, programmatic 

17 technical assessments, scientific data management, 

18 analysis, and reporting related to key management 

19 questions; 

20 ‘‘(6) develops new tools and information to sup21 port objective assessments of land use and resource 

22 conditions; 

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

24 the Federal Government and State and local govern25 ments in— 


smartinez on DSKB9S0YB1PROD with BILLS
81 

•S 2724 RS

1 ‘‘(A) reducing stormwater runoff, air depo2 sition, and other pollutants that contribute to the 

3 loss of lake clarity; and 

4 ‘‘(B) the development and implementation 

5 of an integrated stormwater monitoring and as6 sessment program; 

7 ‘‘(8) establishes and maintains independent peer 

8 review processes— 

9 ‘‘(A) to evaluate the Environmental Im10 provement Program; and 

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

12 scientific consistency of central environmental 

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

14 and 

15 ‘‘(9) provides scientific and technical support for 

16 the development of appropriate management strate17 gies to accommodate changing climatic conditions in 

18 the Lake Tahoe Basin. 

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

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

21 and Director will coordinate with the Planning Agency to 

22 conduct public education and outreach programs, including 

23 encouraging— 

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

25 Tahoe Basin— 


smartinez on DSKB9S0YB1PROD with BILLS
82 

•S 2724 RS

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

2 ‘‘(B) to conduct best management practices 

3 for water quality; and 

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

5 Tahoe Basin and visitors to the Lake Tahoe Basin, 

6 to help prevent the introduction and proliferation of 

7 invasive species as part of the private share invest8 ment in the Environmental Improvement Program. 

9 ‘‘(b) REQUIRED COORDINATION.—Public outreach and 

10 education programs for aquatic invasive species under this 

11 section shall— 

12 ‘‘(1) be coordinated with Lake Tahoe Basin tour13 ism and business organizations; and 

14 ‘‘(2) include provisions for the programs to ex15 tend outside of the Lake Tahoe Basin. 

16 ‘‘SEC. 13. REPORTING REQUIREMENTS. 

17 ‘‘Not later than February 15 of each year, the Admin18 istrator, in cooperation with the Chair, the Secretary, the 

19 Director, the Planning Agency, and the States of California 

20 and Nevada, consistent with section 6(c)(6) and section 11, 

21 shall submit to Congress a report that describes— 

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

23 private projects authorized under this Act, including 

24 to the maximum extent practicable, for projects that 


smartinez on DSKB9S0YB1PROD with BILLS
83 

•S 2724 RS

1 will receive Federal funds under this Act during the 

2 current or subsequent fiscal year— 

3 ‘‘(A) the project scope; 

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

5 ‘‘(C) the justification for the project, con6 sistent with the criteria established in section 

7 8(c)(1); 

8 ‘‘(2) Federal, State, local, and private expendi9 tures in the preceding fiscal year to implement the 

10 Environmental Improvement Program and projects 

11 otherwise authorized under this Act; 

12 ‘‘(3) accomplishments in the preceding fiscal 

13 year in implementing this Act in accordance with the 

14 performance measures and other monitoring and as15 sessment activities; and 

16 ‘‘(4) public education and outreach efforts under17 taken to implement programs and projects authorized 

18 under this Act. 

19 ‘‘SEC. 14. ANNUAL BUDGET PLAN. 

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

21 President shall submit information regarding each Federal 

22 agency involved in the Environmental Improvement Pro23 gram (including the Forest Service, the Environmental Pro24 tection Agency, and the United States Fish and Wildlife 

25 Service), including— 


smartinez on DSKB9S0YB1PROD with BILLS
84 

•S 2724 RS

1 ‘‘(1) an interagency crosscut budget that displays 

2 the proposed budget for use by each Federal agency in 

3 carrying out restoration activities relating to the En4 vironmental Improvement Program for the following 

5 fiscal year; 

6 ‘‘(2) a detailed accounting of all amounts re7 ceived and obligated by Federal agencies to achieve 

8 the goals of the Environmental Improvement Program 

9 during the preceding fiscal year; and 

10 ‘‘(3) a description of the Federal role in the En11 vironmental Improvement Program, including the 

12 specific role of each agency involved in the restoration 

13 of the Lake Tahoe Basin. 

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

15 ‘‘(a) IN GENERAL.—Of the amounts to be made avail16 able under section 18(a), the Administrator shall use not 

17 more than $500,000 to provide a grant, on a competitive 

18 basis, to States, federally recognized Indian tribes, inter19 state agencies, other public or nonprofit agencies and insti20 tutions, or institutions of higher education to develop a 

21 Lake Tahoe Basin watershed strategy in coordination with 

22 the Planning Agency, the States of California and Nevada, 

23 and the Secretary. 


smartinez on DSKB9S0YB1PROD with BILLS
85 

•S 2724 RS

1 ‘‘(b) COMMENT.—In developing the watershed strategy 

2 under subsection (a), the grant recipients shall provide an 

3 opportunity for public review and comment. 

4 ‘‘(c) COMPONENTS.—The watershed strategy developed 

5 under subsection (a) shall include— 

6 ‘‘(1) a classification system, inventory, and as7 sessment of stream environment zones; 

8 ‘‘(2) comprehensive watershed characterization 

9 and restoration priorities consistent with— 

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

11 load; and 

12 ‘‘(B) the environmental threshold carrying 

13 capacities of Lake Tahoe; 

14 ‘‘(3) a monitoring and assessment program con15 sistent with section 11; and 

16 ‘‘(4) an adaptive management system— 

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

18 ‘‘(B) to adjust the program. 

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

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

21 2 years after the date on which funds are made available 

22 to carry out this section.’’. 

23 SEC. 8. RELATIONSHIP TO OTHER LAWS. 

24 Section 17 of The Lake Tahoe Restoration Act (Public 

25 Law 106–506; 114 Stat. 2358) (as redesignated by section 


smartinez on DSKB9S0YB1PROD with BILLS
86 

•S 2724 RS

1 7(2)) is amended by inserting ‘‘, Director, or Adminis2 trator’’ after ‘‘Secretary’’. 

3 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

4 The Lake Tahoe Restoration Act (Public Law 106–506; 

5 114 Stat. 2351) is amended by striking section 18 (as redes6 ignated by section 7(2)) and inserting the following: 

7 ‘‘SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘(a) IN GENERAL.—There is authorized to be appro9 priated to carry out this Act $415,000,000 for a period of 

10 8 fiscal years beginning the first fiscal year after the date 

11 of enactment of the Lake Tahoe Restoration Act of 2010. 

12 ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts authorized 

13 under this section and any amendments made by this Act— 

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

15 made available to the Secretary, Administrator, or 

16 Director for expenditure in the Lake Tahoe Basin; 

17 and 

18 ‘‘(2) shall not reduce allocations for other Re19 gions of the Forest Service, Environmental Protection 

20 Agency, or United States Fish and Wildlife Service. 

21 ‘‘(c) COST-SHARING REQUIREMENT.—Except as pro22 vided in subsection (d) and section 6(c)(3)(E), the States 

23 of California and Nevada shall pay 50 percent of the aggre24 gate costs of restoration activities in the Lake Tahoe Basin 

25 funded under section 6 or 8. 


smartinez on DSKB9S0YB1PROD with BILLS
87 

•S 2724 RS

1 ‘‘(d) RELOCATION COSTS.—Notwithstanding sub2 section (c), the Secretary shall provide to local utility districts 2 3 ⁄3 the costs of relocating facilities in connection 

4 with— 

5 ‘‘(1) environmental restoration projects under 

6 sections 6 and 8; and 

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

8 Public Law 96–586 (94 Stat. 3381). 

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

10 a project provided assistance under this Act shall include 

11 appropriate signage at the project site that— 

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

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

14 provided to the project; and 

15 ‘‘(B) this Act; and 

16 ‘‘(2) displays the visual identity mark of the En17 vironmental Improvement Program.’’. 

18 SEC. 10. CONFORMING AMENDMENTS. 

19 (a) ADMINISTRATION OF ACQUIRED LAND.—Section 

20 3(b) of Public Law 96–586 (94 Stat. 3384) is amended— 

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

22 following: 

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

24 ‘‘(1) IN GENERAL.—Land’’; and 

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


smartinez on DSKB9S0YB1PROD with BILLS
88 

•S 2724 RS

1 ‘‘(2) INTERCHANGE.— 

2 ‘‘(A) IN GENERAL.—Notwithstanding para3 graph (1), the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service) (referred 

5 to in this paragraph as the ‘Secretary’) may 

6 interchange (as defined in the first section of 

7 Public Law 97–465 (16 U.S.C. 521c)) any land 

8 or interest in land within the Lake Tahoe Basin 

9 Management Unit described in subparagraph 

10 (B) with appropriate units of State government. 

11 ‘‘(B) ELIGIBLE LAND.—The land or interest 

12 in land referred to in subparagraph (A) is land 

13 or an interest in land that the Secretary deter14 mines is not subject to efficient administration 

15 by the Secretary because of the location or size 

16 of the land. 

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

18 under this paragraph, the Secretary shall— 

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

20 terms, covenants, conditions, and reserva21 tions as the Secretary determines to be nec22 essary to ensure— 

23 ‘‘(I) protection of the public inter24 est, including protection of the scenic, 


smartinez on DSKB9S0YB1PROD with BILLS
89 

•S 2724 RS

1 wildlife, and recreational values of the 

2 National Forest System; and 

3 ‘‘(II) the provision for appro4 priate access to, and use of, land with5 in the National Forest System; 

6 ‘‘(ii) receive land within the Lake 

7 Tahoe Basin of approximately equal value 

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

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

10 ‘‘(iii) for the purposes of any environ11 mental assessment— 

12 ‘‘(I) assume the maintenance of 

13 the environmental status quo; and 

14 ‘‘(II) not be required to individ15 ually assess each parcel that is man16 aged under the Lake Tahoe Basin 

17 Management Unit Urban Lots Pro18 gram. 

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

20 STATE GOVERNMENT.—Any unit of State govern21 ment that receives National Forest System land 

22 through an exchange or transfer under this para23 graph shall not convey the land to any person or 

24 entity other than the Federal Government or a 

25 State government.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
90 

•S 2724 RS

1 (b) INTERAGENCY AGREEMENT FUNDING.—Section 

2 108(g) of title I of division C of the Consolidated Appro3 priations Act, 2005 (Public Law 108–447; 118 Stat. 2942) 

4 is amended by striking ‘‘$25,000,000’’ and inserting 

5 ‘‘$75,000,000’’. 


smartinez on DSKB9S0YB1PROD with BILLS

smartinez on DSKB9S0YB1PROD with BILLS
Calendar No. 436 

111TH CONGRESS 

2D SESSION S. 2724 

[Report No. 111–211] 

A BILL 

To provide for environmental restoration activities 

Tahoe Basin. and forest management activities in the Lake 

JUNE 21, 2010 

Reported with an amendment 


smartinez on DSKB9S0YB1PROD with BILLS