IB
Union Calendar No. 491
106TH CONGRESS
2D SESSION
H. R. 3388
[Report No. 106–833, Part I]
To promote environmental restoration around the Lake Tahoe basin.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1999
Mr. DOOLITTLE (for himself and Mr. GIBBONS) introduced the following bill;
which was referred to the Committee on Resources, and in addition to
the Committees on Agriculture, and Transportation and Infrastructure,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
SEPTEMBER 7, 2000
Additional sponsor: Mr. MATSUI
SEPTEMBER 7, 2000
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 7, 2000
Referral to the Committees on Agriculture and Transportation and
Infrastructure extended for a period ending not later than September 7, 2000
SEPTEMBER 7, 2000
The Committees on Agriculture and Transportation and Infrastructure dis-
charged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 16, 1999]
A BILL
To promote environmental restoration around the Lake
Tahoe basin.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lake Tahoe Restoration
Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) Lake Tahoe, one of the largest, deepest, and
clearest lakes in the world, has a cobalt blue color, a
unique alpine setting, and remarkable water clarity,
and is recognized nationally and worldwide as a nat-
ural 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 ski-
ing, water sports, biking, camping, and hiking to mil-
lions of visitors each year, and contributing signifi-
cantly 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,
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 abil-
ity to cleanse itself of pollutants;
(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 address
the phenomena described in paragraphs (4) through
(8) of subsection (a) in the Lake Tahoe basin;
(2) to ensure that Federal, State, local, regional,
tribal, and private agencies continue to work together
to improve water quality and manage Federal land
in the Lake Tahoe Basin Management Unit; and
(3) to provide funding to local governments for
erosion and sediment control projects on non-Federal
land.
SEC. 3. DEFINITIONS.
In this Act:
(1) ENVIRONMENTAL THRESHOLD CARRYING CA-
PACITY.—The term ‘‘environmental threshold carrying
capacity’’ has the meaning given the term in Article
II of the Tahoe Regional Planning Compact set forth
in the first section of Public Law 96–551 (94 Stat.
3235).
(2) FIRE RISK REDUCTION ACTIVITY.—
(A) IN GENERAL.—The term ‘‘fire risk re-
duction activity’’ means an activity that is nec-
essary to reduce the risk of wildfire 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-
ble, with chapter 71 of the Tahoe Regional Plan-
ning 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 Agency
established under Public Law 91–148 (83 Stat. 360)
and Public Law 96–551 (94 Stat. 3233).
(4) PRIORITY
LIST.—The term ‘‘priority list’’
means the environmental restoration priority list 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 accord-
ance with this Act and the laws applicable to the National
Forest System.
(b) RELATIONSHIP TO OTHER AUTHORITY.—
(1) PRIVATE OR NON-FEDERAL LAND.—Nothing
in this Act grants regulatory authority to the Sec-
retary over private or other non-Federal land.
(2) PLANNING AGENCY.—Nothing in this Act af-
fects or increases the authority of the Planning Agen-
cy.
(3) ACQUISITION UNDER OTHER LAW.—Nothing
in this Act affects the authority of the Secretary to ac-
quire land from willing sellers in the Lake Tahoe
basin under any other law.
SEC. 5. CONSULTATION WITH PLANNING AGENCY AND
OTHER ENTITIES.
(a) IN GENERAL.—With respect to the duties described
in subsection (b), the Secretary shall consult with and seek
the advice and recommendations of—
(1) the Planning Agency;
(2) the Tahoe Federal Interagency Partnership
established by Executive Order No. 13057 (62 Fed.
Reg. 41249) or a successor Executive order;
(3) the Lake Tahoe Basin Federal Advisory
Committee established by the Secretary on December
15, 1998 (64 Fed. Reg. 2876) (until the committee is
terminated);
(4) Federal representatives and all political sub-
divisions of the Lake Tahoe Basin Management Unit;
and
(5) the Lake Tahoe Transportation and Water
Quality Coalition.
(b) DUTIES.—The Secretary shall consult with and
seek advice and recommendations from the entities described
in subsection (a) with respect to—
(1) the administration of the Lake Tahoe Basin
Management Unit;
(2) the development of the priority list;
(3) the promotion of consistent policies and
strategies to address the Lake Tahoe basin’s environ-
mental 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 un-
necessary duplication and inefficiencies of Federal,
State, local, tribal, and private efforts; and
(5) the coordination of scientific resources and
data, for the purpose of obtaining the best available
science as a basis for decisionmaking on an ongoing
basis.
SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall develop a pri-
ority list of potential or proposed environmental restoration
projects for the Lake Tahoe basin.
(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 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;
(v) scenic resources;
(vi) soil conservation;
(vii) forest health;
(viii) water quality; and
(ix) wildlife;
(3) in determining the order of priority of poten-
tial and proposed environmental restoration projects
under paragraph (2), the focus shall address projects
(listed in no particular order) involving—
(A) erosion and sediment control, including
the activities described in section 2(g) of Public
Law 96–586 (94 Stat. 3381) (as amended by sec-
tion 7);
(B) the acquisition of environmentally sen-
sitive land from willing sellers under Public Law
96–586 (94 Stat. 3381) or land acquisition
under any other Federal law;
(C) fire risk reduction activities in urban
areas and urban-wildland interface areas, in-
cluding high recreational use areas and urban
lots acquired from willing sellers under Public
Law 96–586 (94 Stat. 3381);