Lake Tahoe Restoration Act
PL 106-506 (H.R.3388), enacted 11/13/2000

PUBLIC LAW 106-506—NOV. 13, 2000 
114 STAT. 2351 
Public Law 106-506 
106th Congress 
An Act 
To promote environmental restoration around the Lake Tahoe basin. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
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 nation-
ally and worldwide as a natural resource of special significance; 
(2) in addition to being a scenic and ecological treasure. 
Lake Tahoe is one of the outstanding recreational resources 
of the United States, offering skiing, water sports, biking, 
camping, and hiking to millions of visitors each year, and 
contributing significantly to the economies of California, 
Nevada, and the United States; 
(3) the economy in the Lake Tahoe basin is dependent 
on the protection and restoration of the natural beauty and 
recreation opportunities in the area; 
(4) Lake Tahoe is in the midst of an environmental crisis; 
the Lake's water clarity has declined from a visibility level 
of 105 feet in 1967 to only 70 feet in 1999, and scientific 
estimates indicate that if the water quality at the Lake con-
tinues 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 one-third 
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 
Nov. 13, 2000 
[H.R. 3388] 
Lake Tahoe 
Restoration Act. 
Forests and 
forest protection. 
California. 
Nevada. 
79-194 O - 00 - 10 : QL 3 Part 4 
114 STAT. 2352 
PUBLIC LAW 106-506—NOV. 13, 2000 
of combustible forest fuels has significantly increased the risk 
of catastrophic forest fire in the Lake Tahoe basin; 
(9) as the largest land manager in the Lake Tahoe basin, 
with 77 percent of the land, the Federal Government has a 
unique responsibility for restoring environmental health to 
Lake Tahoe; 
(10) the Federal Government has a long history of environ-
mental preservation at Lake Tahoe, including— 
(A) congressional consent to the establishment of the 
Tahoe Regional Planning Agency in 1969 (Public Law 9 1 -
148; 83 Stat. 360) and in 1980 (Public Law 96-551; 94 
Stat. 3233); 
(B) the establishment of the Lake Tahoe Basin 
Management Unit in 1973; and 
(C) the enactment of Public Law 96-586 (94 Stat. 
3381) in 1980 to provide for the acquisition of environ-
mentally sensitive land and erosion control grants; 
(11) the President renewed the Federal Government's 
commitment to Lake Tahoe in 1997 at the Lake Tahoe Presi-
dential Forum, when he committed to increased Federal 
resources for environmental restoration at Lake Tahoe and 
established the Federal Interagency Partnership and Federal 
Advisory Committee to consult on natural resources issues con-
cerning the Lake Tahoe basin; 
(12) the States of California and Nevada have contributed 
proportionally to the effort to protect and restore Lake Tahoe, 
including— 
(A) expenditures— 
(i) exceeding $200,000,000 by the State of Cali-
fornia since 1980 for land acquisition, erosion control, 
and other environmental projects in the Lake Tahoe 
basin; and 
(ii) exceeding $30,000,000 by the State of Nevada 
since 1980 for the purposes described in clause (i); 
and 
(B) the approval of a bond issue by voters in the 
State of Nevada authorizing the expenditure by the State 
of an additional $20,000,000; and 
(13) significant additional investment from Federal, State, 
local, and private sources is needed to stop the damage to 
Lake Tahoe and its forests, and restore the Lake Tahoe basin 
to ecological health. 
(b) PURPOSES.—^The purposes of this Act are— 
(1) to enable the Forest Service to plan and implement 
significant new environmental restoration activities and forest 
management activities to address the phenomena described 
in paragraphs (4) through (8) of subsection (a) in the Lake 
Tahoe basin; 
(2) to ensure that Federal, State, local, regional, tribal, 
and private entities continue to work together to improve water 
quality and manage Federal land in the Lake Tahoe Basin 
Management Unit; and 
(3) to provide funding to local governments for erosion 
and sediment control projects on non-Federal land if the projects 
benefit the Federal land. 
PUBLIC LAW 106-506—NOV. 13, 2000 
114 STAT. 2353 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ENVIRONMENTAL THRESHOLD CARRYING CAPACITY.—The 
term "environmental threshold carrying capacity has the 
meaning given the term in article II of the Tahoe Regional 
Planning Compact set forth in the first section of Public Law 
96-551 (94 Stat. 3235). 
(2) FIRE RISK REDUCTION ACTIVITY.— 
(A) IN GENERAL.—^The term 
"fire risk 
reduction 
activity" means an activity that is necessary to reduce 
the risk of wildfire to promote forest management and 
simultaneously achieve and maintain the environmental 
threshold canying capacities established by the Planning 
Agency in a manner consistent, where applicable, with 
chapter 71 of the Tahoe Regional Planning Agency Code 
of Ordinances. 
(B) INCLUDED ACTIVITIES.—^The term "fire risk reduc-
tion activity" includes— 
(i) prescribed burning; 
(ii) mechanical treatment; 
(iii) road obliteration or reconstruction; and 
(iv) such other activities consistent with Forest 
Service practices as the Secretary determines to be 
appropriate. 
(3) 
PLANNING 
AGENCY.—^The term "Planning Agency" 
means the Tahoe Regional Planning Agency established under 
Pubhc Law 91-148 (83 Stat. 360) and Pubhc Law 96-551 
(94 Stat. 3233). 
(4) PRIORITY LIST.—The term "priority list" means the 
environmental restoration priority list developed under section 
6. 
(5) SECRETARY.—^The term "Secretary" means the Secretary 
of Agriculture, acting through the Chief of the Forest Service. 
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 
UNIT. 
(a) IN GENERAL.—^The Lake Tahoe Basin Management Unit 
shall be administered by the Secretary in accordance with this 
Act and the laws applicable to the National Forest System. 
(b) RELATIONSHIP TO OTHER AUTHORITY.— 
(1) PRIVATE OR NON-FEDERAL LAND.—Nothing in this Act 
grants regulatory authority to the Secretary over private or 
other non-Federal land. 
(2) PLANNING AGENCY.—^Nothing in this Act affects or 
increases the authority of the Planning Agency. 
(3) ACQUISITION UNDER OTHER LAW.—^Nothing in this Act 
affects the authority of the Secretary to acquire land from 
willing sellers in the Lake Tahoe basin under any other law. 
SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTI-
TIES. 
(a) IN GENERAL.—^With respect to the duties described in sub-
section (b), the Secretary shall consult with and seek the advice 
and recommendations of— 
(1) the Planning Agency; 
114 STAT. 2354 
PUBLIC LAW 106-506—NOV. 13, 2000 
(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 decisionmsiking on an ongoing basis. 
SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST. 
Deadline. 
(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 canying 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. 
PUBLIC LAW 106-506—NOV. 13, 2000 
114 STAT. 2355 
(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. 4601-
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 
114 STAT. 2356 
PUBLIC LAW 106-506—NOV. 13, 2000 
(C) any change in general environmental conditions 
in the Lake Tahoe basin; and 
Reports. 
(4) submit to Congress a report on any changes made. 
(g) CLEANUP OF HYDROCARBON CONTAMINATION.— 
Publication. 
(1) IN GENERAL.—The Secretary shall, subject to the avail-
Deadline, 
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 PubHc 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.—^Pa3mnents 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 pa3nTient 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 
PUBLIC LAW 106-506—NOV. 13, 2000 
114 STAT. 2357 
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 
pa3anents 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-l 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 
114 STAT. 2358 
PUBLIC LAW 106-506—NOV. 13, 2000 
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. 
Approved November 13, 2000. 
LEGISLATIVE HISTORY—H.R. 3388 (S. 1925): 
HOUSE REPORTS: No. 106-833, Ft. 1 (Comm. on Resoiirces). 
SENATE REPORTS: No. 106-400 accompanying S. 1925 (Comm. on Energy and 
Natural Resoiirces). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 23, considered and passed House. 
Oct. 27, considered and passed Senate.