H. R. 3388—4
(2) the Tahoe Federal Interagency Partnership established
by Executive Order No. 13057 (62 Fed. Reg. 41249) or a suc-
cessor Executive order;
(3) the Lake Tahoe Basin Federal Advisory Committee
established by the Secretary on December 15, 1998 (64 Fed.
Reg. 2876) (until the committee is terminated);
(4) Federal representatives and all political subdivisions
of the Lake Tahoe Basin Management Unit; and
(5) the Lake Tahoe Transportation and Water Quality
Coalition.
(b) DUTIES.—The Secretary shall consult with and seek advice
and recommendations from the entities described in subsection
(a) with respect to—
(1) the administration of the Lake Tahoe Basin Manage-
ment Unit;
(2) the development of the priority list;
(3) the promotion of consistent policies and strategies to
address the Lake Tahoe basin’s environmental and recreational
concerns;
(4) the coordination of the various programs, projects, and
activities relating to the environment and recreation in the
Lake Tahoe basin to avoid unnecessary duplication and ineffi-
ciencies of Federal, State, local, tribal, and private efforts;
and
(5) the coordination of scientific resources and data, for
the purpose of obtaining the best available science as a basis
for decisionmaking on an ongoing basis.
SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a priority list
of potential or proposed environmental restoration projects for the
Lake Tahoe Basin Management Unit.
(b) DEVELOPMENT OF PRIORITY LIST.—In developing the priority
list, the Secretary shall—
(1) use the best available science, including any relevant
findings and recommendations of the watershed assessment
conducted by the Forest Service in the Lake Tahoe basin;
and
(2) include, in order of priority, potential or proposed
environmental restoration projects in the Lake Tahoe basin
that—
(A) are included in or are consistent with the environ-
mental improvement program adopted by the Planning
Agency in February 1998 and amendments to the program;
(B) would help to achieve and maintain the environ-
mental threshold carrying capacities for—
(i) air quality;
(ii) fisheries;
(iii) noise;
(iv) recreation;
(v) scenic resources;
(vi) soil conservation;
(vii) forest health;
(viii) water quality; and
(ix) wildlife.
H. R. 3388—5
(c) FOCUS
IN DETERMINING ORDER
OF PRIORITY.—In deter-
mining the order of priority of potential and proposed environmental
restoration projects under subsection (b)(2), the focus shall address
projects (listed in no particular order) involving—
(1) erosion and sediment control, including the activities
described in section 2(g) of Public Law 96–586 (94 Stat. 3381)
(as amended by section 7 of this Act);
(2) the acquisition of environmentally sensitive land from
willing sellers—
(A) using funds appropriated from the land and water
conservation fund established under section 2 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
5); or
(B) under the authority of Public Law 96–586 (94 Stat.
3381);
(3) fire risk reduction activities in urban areas and urban-
wildland interface areas, including high recreational use areas
and urban lots acquired from willing sellers under the authority
of Public Law 96–586 (94 Stat. 3381);
(4) cleaning up methyl tertiary butyl ether contamination;
and
(5) the management of vehicular parking and traffic in
the Lake Tahoe Basin Management Unit, especially—
(A) improvement of public access to the Lake Tahoe
basin, including the promotion of alternatives to the private
automobile;
(B) the Highway 28 and 89 corridors and parking prob-
lems in the area; and
(C) cooperation with local public transportation sys-
tems, including—
(i) the Coordinated Transit System; and
(ii) public transit systems on the north shore of
Lake Tahoe.
(d) MONITORING.—The Secretary shall provide for continuous
scientific research on and monitoring of the implementation of
projects on the priority list, including the status of the achievement
and maintenance of environmental threshold carrying capacities.
(e) CONSISTENCY WITH MEMORANDUM OF UNDERSTANDING.—
A project on the priority list shall be conducted in accordance
with the memorandum of understanding signed by the Forest Super-
visor and the Planning Agency on November 10, 1989, including
any amendments to the memorandum as long as the memorandum
remains in effect.
(f ) REVIEW OF PRIORITY LIST.—Periodically, but not less often
than every 3 years, the Secretary shall—
(1) review the priority list;
(2) consult with—
(A) the Tahoe Regional Planning Agency;
(B) interested political subdivisions; and
(C) the Lake Tahoe Water Quality and Transportation
Coalition;
(3) make any necessary changes with respect to—
(A) the findings of scientific research and monitoring
in the Lake Tahoe basin;
(B) any change in an environmental threshold as deter-
mined by the Planning Agency; and
H. R. 3388—6
(C) any change in general environmental conditions
in the Lake Tahoe basin; and
(4) submit to Congress a report on any changes made.
(g) CLEANUP OF HYDROCARBON CONTAMINATION.—
(1) IN GENERAL.—The Secretary shall, subject to the avail-
ability of appropriations, make a payment of $1,000,000 to
the Tahoe Regional Planning Agency and the South Tahoe
Public Utility District to develop and publish a plan, not later
than 1 year after the date of the enactment of this Act, for
the prevention and cleanup of hydrocarbon contamination
(including contamination with MTBE) of the surface water
and ground water of the Lake Tahoe basin.
(2) CONSULTATION.—In developing the plan, the Tahoe
Regional Planning Agency and the South Tahoe Public Utility
District shall consult with the States of California and Nevada
and appropriate political subdivisions.
(3) WILLING
SELLERS.—The plan shall not include any
acquisition of land or an interest in land except an acquisition
from a willing seller.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated, for the implementation of projects on the priority
list and the payment identified in subsection (g), $20,000,000 for
the first fiscal year that begins after the date of the enactment
of this Act and for each of the 9 fiscal years thereafter.
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
Section 2 of Public Law 96–586 (94 Stat. 3381) is amended
by striking subsection (g) and inserting the following:
‘‘(g) PAYMENTS TO LOCALITIES.—
‘‘(1) IN GENERAL.—The Secretary of Agriculture shall, sub-
ject to the availability of appropriations, make annual payments
to the governing bodies of each of the political subdivisions
(including any public utility the service area of which includes
any part of the Lake Tahoe basin), any portion of which is
located in the area depicted on the final map filed under section
3(a).
‘‘(2) USE OF PAYMENTS.—Payments under this subsection
may be used—
‘‘(A) first, for erosion control and water quality projects;
and
‘‘(B) second, unless emergency projects arise, for
projects to address other threshold categories after thresh-
olds for water quality and soil conservation have been
achieved and maintained.
‘‘(3) ELIGIBILITY FOR PAYMENTS.—
‘‘(A) IN GENERAL.—To be eligible for a payment under
this subsection, a political subdivision shall annually
submit a priority list of proposed projects to the Secretary
of Agriculture.
‘‘(B) COMPONENTS
OF
LIST.—A priority list under
subparagraph (A) shall include, for each proposed project
listed—
‘‘(i) a description of the need for the project;
‘‘(ii) all projected costs and benefits; and
‘‘(iii) a detailed budget.
‘‘(C) USE OF PAYMENTS.—A payment under this sub-
section shall be used only to carry out a project or proposed
H. R. 3388—7
project that is part of the environmental improvement pro-
gram adopted by the Tahoe Regional Planning Agency in
February 1998 and amendments to the program.
‘‘(D) FEDERAL OBLIGATION.—All projects funded under
this subsection shall be part of Federal obligation under
the environmental improvement program.
‘‘(4) DIVISION OF FUNDS.—
‘‘(A) IN GENERAL.—The total amounts appropriated for
payments under this subsection shall be allocated by the
Secretary of Agriculture based on the relative need for
and merits of projects proposed for payment under this
section.
‘‘(B) MINIMUM.—To the maximum extent practicable,
for each fiscal year, the Secretary of Agriculture shall
ensure that each political subdivision in the Lake Tahoe
basin receives amounts appropriated for payments under
this subsection.
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to
the amounts authorized to be appropriated to carry out section
6 of the Lake Tahoe Restoration Act, there is authorized to
be appropriated for making payments under this subsection
$10,000,000 for the first fiscal year that begins after the date
of the enactment of this paragraph and for each of the 9
fiscal years thereafter.’’.
SEC. 8. FIRE RISK REDUCTION ACTIVITIES.
(a) IN GENERAL.—In conducting fire risk reduction activities
in the Lake Tahoe basin, the Secretary shall, as appropriate, coordi-
nate with State and local agencies and organizations, including
local fire departments and volunteer groups.
(b) GROUND DISTURBANCE.—The Secretary shall, to the max-
imum extent practicable, minimize any ground disturbances caused
by fire risk reduction activities.
SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.
(a) IN GENERAL.—Funds authorized under this Act and the
amendment made by this Act—
(1) shall be in addition to any other amounts available
to the Secretary for expenditure in the Lake Tahoe basin;
and
(2) shall not reduce allocations for other Regions of the
Forest Service.
(b) MATCHING REQUIREMENT.—Except as provided in subsection
(c), funds for activities under section 6 and section 7 of this Act
shall be available for obligation on a 1-to-1 basis with funding
of restoration activities in the Lake Tahoe basin by the States
of California and Nevada.
(c) RELOCATION COSTS.—The Secretary shall provide two-thirds
of necessary funding to local utility districts for the costs of relo-
cating facilities in connection with environmental restoration
projects under section 6 and erosion control projects under section
2 of Public Law 96–586.
SEC. 10. AMENDMENT OF PUBLIC LAW 96–586.
Section 3(a) of Public Law 96–586 (94 Stat. 3383) is amended
by adding at the end the following:
‘‘(5) WILLING SELLERS.—Land within the Lake Tahoe Basin
Management Unit subject to acquisition under this section
H. R. 3388—8
that is owned by a private person shall be acquired only from
a willing seller.’’.
SEC. 11. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act exempts the Secretary from the duty to
comply with any applicable Federal law.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.