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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lake Tahoe Restora-
tion Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) Lake Tahoe, one of the largest, deepest,
and clearest lakes in the world, has a cobalt blue
color, a unique alpine setting, and remarkable water
clarity, and is recognized nationally and worldwide
as a natural resource of special significance;
(2) in addition to being a scenic and ecological
treasure, Lake Tahoe is one of the outstanding rec-
reational resources of the United States, offering
skiing, water sports, biking, camping, and hiking to
millions of visitors each year, and contributing sig-
nificantly to the economies of California, Nevada,
and the United States;
(3) the economy in the Lake Tahoe basin is de-
pendent on the protection and restoration of the nat-
ural beauty and recreation opportunities in the area;
(4) Lake Tahoe is in the midst of an environ-
mental crisis; the Lake’s water clarity has declined
from a visibility level of 105 feet in 1967 to only 70
feet in 1999, and scientific estimates indicate that if
the water quality at the Lake continues to degrade,
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Lake Tahoe will lose its famous clarity in only 30
years;
(5) sediment and algae-nourishing phosphorous
and nitrogen continue to flow into the Lake from a
variety of sources, including land erosion, fertilizers,
air pollution, urban runoff, highway drainage,
streamside erosion, land disturbance, and ground
water flow;
(6) methyl tertiary butyl ether—
(A) has contaminated and closed more
than 1⁄3 of the wells in South Tahoe; and
(B) is advancing on the Lake at a rate of
approximately 9 feet per day;
(7) destruction of wetlands, wet meadows, and
stream zone habitat has compromised the Lake’s
ability to cleanse itself of pollutants;
(8) approximately 40 percent of the trees in the
Lake Tahoe basin are either dead or dying, and the
increased quantity of combustible forest fuels has
significantly increased the risk of catastrophic forest
fire in the Lake Tahoe basin;
(9) as the largest land manager in the Lake
Tahoe basin, with 77 percent of the land, the Fed-
eral Government has a unique responsibility for re-
storing environmental health to Lake Tahoe;
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(10) the Federal Government has a long history
of environmental preservation at Lake Tahoe,
including—
(A) congressional consent to the establish-
ment of the Tahoe Regional Planning Agency in
1969 (Public Law 91–148; 83 Stat. 360) and
in 1980 (Public Law 96–551; 94 Stat. 3233);
(B) the establishment of the Lake Tahoe
Basin Management Unit in 1973; and
(C) the enactment of Public Law 96–586
(94 Stat. 3381) in 1980 to provide for the ac-
quisition of environmentally sensitive land and
erosion control grants;
(11) the President renewed the Federal Govern-
ment’s commitment to Lake Tahoe in 1997 at the
Lake Tahoe Presidential Forum, when he committed
to increased Federal resources for environmental
restoration at Lake Tahoe and established the Fed-
eral Interagency Partnership and Federal Advisory
Committee to consult on natural resources issues
concerning the Lake Tahoe basin;
(12) the States of California and Nevada have
contributed proportionally to the effort to protect
and restore Lake Tahoe, including—
(A) expenditures—
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(i) exceeding $200,000,000 by the
State of California since 1980 for land ac-
quisition, erosion control, and other envi-
ronmental projects in the Lake Tahoe
basin; and
(ii) exceeding $30,000,000 by the
State of Nevada since 1980 for the pur-
poses described in clause (i); and
(B) the approval of a bond issue by voters
in the State of Nevada authorizing the expendi-
ture by the State of an additional $20,000,000;
and
(13) significant additional investment from
Federal, State, local, and private sources is needed
to stop the damage to Lake Tahoe and its forests,
and restore the Lake Tahoe basin to ecological
health.
(b) PURPOSES.—The purposes of this Act are—
(1) to enable the Forest Service to plan and im-
plement significant new environmental restoration
activities and forest management activities to ad-
dress the phenomena described in paragraphs (4)
through (8) of subsection (a) in the Lake Tahoe
basin;
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(2) to ensure that Federal, State, local, re-
gional, tribal, and private entities continue to work
together to improve water quality and manage Fed-
eral land in the Lake Tahoe Basin Management
Unit; and
(3) to provide funding to local governments for
erosion and sediment control projects on non-Fed-
eral land if the projects benefit the Federal land.
SEC. 3. DEFINITIONS.
In this Act:
(1) ENVIRONMENTAL
THRESHOLD
CARRYING
CAPACITY.—The term ‘‘environmental threshold car-
rying capacity’’ has the meaning given the term in
article II of the Tahoe Regional Planning Compact
set forth in the first section of Public Law 96–551
(94 Stat. 3235).
(2) FIRE RISK REDUCTION ACTIVITY.—
(A) IN GENERAL.—The term ‘‘fire risk re-
duction activity’’ means an activity that is nec-
essary to reduce the risk of wildlife to promote
forest management and simultaneously achieve
and maintain the environmental threshold car-
rying capacities established by the Planning
Agency in a manner consistent, where applica-
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ble, with chapter 71 of the Tahoe Regional
Planning Agency Code of Ordinances.
(B) INCLUDED
ACTIVITIES.—The term
‘‘fire risk reduction activity’’ includes—
(i) prescribed burning;
(ii) mechanical treatment;
(iii) road obliteration or reconstruc-
tion; and
(iv) such other activities consistent
with Forest Service practices as the Sec-
retary determines to be appropriate.
(3) PLANNING AGENCY.—The term ‘‘Planning
Agency’’ means the Tahoe Regional Planning Agen-
cy established under Public Law 91–148 (83 Stat.
360) and Public Law 96–551 (94 Stat. 3233).
(4) PRIORITY LIST.—The term ‘‘priority list’’
means the environmental restoration priority list de-
veloped under section 6.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, acting through the
Chief of the Forest Service.
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MAN-
AGEMENT UNIT.
(a) IN GENERAL.—The Lake Tahoe Basin Manage-
ment Unit shall be administered by the Secretary in ac-
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cordance with this Act and the laws applicable to the Na-
tional Forest System.
(b) RELATIONSHIP TO OTHER AUTHORITY.—
(1) PRIVATE OR NON-FEDERAL LAND.—Noth-
ing in this Act grants regulatory authority to the
Secretary over private or other non-Federal land.
(2) PLANNING AGENCY.—Nothing in this Act
affects or increases the authority of the Planning
Agency.
(3) ACQUISITION UNDER OTHER LAW.—Noth-
ing in this Act affects the authority of the Secretary
to acquire land from willing sellers in the Lake
Tahoe basin under any other law.
SEC. 5. CONSULTATION WITH PLANNING AGENCY AND
OTHER ENTITIES.
(a) IN GENERAL.—With respect to the duties de-
scribed in subsection (b), the Secretary shall consult with
and seek the advice and recommendations of—
(1) the Planning Agency;
(2) the Tahoe Federal Interagency Partnership
established by Executive Order No. 13057 (62 Fed.
Reg. 41249) or a successor Executive order;
(3) the Lake Tahoe Basin Federal Advisory
Committee established by the Secretary on Decem-
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SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) IN GENERAL.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall develop
a priority list of potential or proposed environmental res-
toration projects for the Lake Tahoe Basin Management
Unit.
(b) DEVELOPMENT OF PRIORITY LIST.—In devel-
oping the priority list, the Secretary shall—
(1) use the best available science, including any
relevant findings and recommendations of the water-
shed assessment conducted by the Forest Service in
the Lake Tahoe basin; and
(2) include, in order of priority, potential or
proposed environmental restoration projects in the
Lake Tahoe basin that—
(A) are included in or are consistent with
the environmental improvement program adopt-
ed by the Planning Agency in February 1998
and amendments to the program;
(B) would help to achieve and maintain the
environmental threshold carrying capacities
for—
(i) air quality;
(ii) fisheries;
(iii) noise;
(iv) recreation;
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(v) scenic resources;
(vi) soil conservation;
(vii) forest health;
(viii) water quality; and
(ix) wildlife.
(c) FOCUS IN DETERMINING ORDER OF PRIORITY.—
In determining the order of priority of potential and pro-
posed environmental restoration projects under subsection
(b)(2), the focus shall address projects (listed in no par-
ticular 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 Con-
servation 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
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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 con-
tamination; 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 problems in the area; and
(C) cooperation with local public transpor-
tation systems, 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 environ-
mental threshold carrying capacities.
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(e) CONSISTENCY WITH MEMORANDUM OF UNDER-
STANDING.—A project on the priority list shall be con-
ducted in accordance with the memorandum of under-
standing signed by the Forest Supervisor and the Plan-
ning Agency on November 10, 1989, including any amend-
ments 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 determined by the Planning Agen-
cy; and
(C) any change in general environmental
conditions in the Lake Tahoe basin; and
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(4) submit to Congress a report on any changes
made.
(g) CLEANUP OF HYDROCARBON CONTAMINATION.—
(1) IN GENERAL.—The Secretary shall, subject
to the availability of appropriations, make a pay-
ment of $1,000,000 to the Tahoe Regional Planning
Agency and the South Tahoe Public Utility District
to develop and publish a plan, not later than 1 year
after the date of enactment of this Act, for the pre-
vention 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 po-
litical subdivisions.
(3) WILLING SELLERS.—The plan shall not in-
clude 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
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begins after the date of enactment of this Act and for each
of the 9 fiscal years thereafter.
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
Section 2 of Public Law 96–586 (94 Stat. 3381) is
amended by striking subsection (g) and inserting the fol-
lowing:
‘‘(g) PAYMENTS TO LOCALITIES.—
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture shall, subject to the availability of appropria-
tions, make annual payments to the governing bod-
ies of each of the political subdivisions (including
any public utility the service area of which includes
any part of the Lake Tahoe basin), any portion of
which is located in the area depicted on the final
map filed under section 3(a).
‘‘(2) USE OF PAYMENTS.—Payments under this
subsection may be used—
‘‘(A) first, for erosion control and water
quality projects; and
‘‘(B) second, unless emergency projects
arise, for projects to address other threshold
categories after thresholds for water quality and
soil conservation have been achieved and main-
tained.
‘‘(3) ELIGIBILITY FOR PAYMENTS.—
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‘‘(A) IN GENERAL.—To be eligible for a
payment under this subsection, a political sub-
division shall annually submit a priority list of
proposed projects to the Secretary of Agri-
culture.
‘‘(B) COMPONENTS OF LIST.—A priority
list under subparagraph (A) shall include, for
each proposed project listed—
‘‘(i) a description of the need for the
project;
‘‘(ii) all projected costs and benefits;
and
‘‘(iii) a detailed budget.
‘‘(C) USE
OF
PAYMENTS.—A payment
under this subsection shall be used only to
carry out a project or proposed project that is
part of the environmental improvement 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 enviromental
improvment program.
‘‘(4) DIVISION OF FUNDS.—
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organizations, including local fire departments and volun-
teer groups.
(b) GROUND DISTURBANCE.—The Secretary shall, to
the maximum extent practicable, minimize any ground dis-
turbances 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 Re-
gions 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 pro-
vide 2⁄3 of necessary funding to local utility districts for
the costs of relocating facilities in connection with environ-
mental restoration projects under section 6 and erosion
control projects under section 2 of Public Law 96–586.
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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 ac-
quisition under this section that is owned by a pri-
vate 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.
Passed the House of Representatives October 23,
2000.
Attest:
JEFF TRANDAHL,
Clerk.
By MARTHA C. MORRISON,
Deputy Clerk.