[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3388 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3388
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
_______________________________________________________________________
A BILL
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
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 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
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 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 Federal Government has a
unique responsibility for restoring environmental health to
Lake Tahoe;
(10) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
(A) congressional consent to the establishment 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 acquisition of
environmentally sensitive land and erosion control
grants;
(11) President Clinton renewed the Federal Government'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
Federal 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--
(i) exceeding $200,000,000 by the State of
California 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 that
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 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 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 carrying 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
reduction 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 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 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 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 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 Management
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
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 priority 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 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
environmental improvement program adopted 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 potential 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 section 7);
(B) the acquisition of environmentally sensitive
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, including high
recreational use areas and urban lots acquired from
willing sellers under Public Law 96-586 (94 Stat.
3381);
(D) cleaning up methyl tertiary butyl ether
contamination; and
(E) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
(i) improvement of public access to the
Lake Tahoe basin, including the promotion of
alternatives to the private automobile;
(ii) the Highway 28 and 89 corridors and
parking problems in the area;
(iii) cooperation with local public
transportation systems, including--
(I) the Coordinated Transit System;
and
(II) public transit systems on the
north shore of Lake Tahoe.
(c) 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.
(d) 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 Supervisor and the Planning Agency
on November 10, 1989, including any amendments to the memorandum as
long as the memorandum remains in effect.
(e) 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; and
(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 Agency;
(C) any change in general environmental conditions
in the Lake Tahoe basin; and
(D) submit to Congress a report on any changes
made.
(f) Cleanup of Hydrocarbon Contamination.--
(1) In general.--The Secretary shall 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 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.
(g) Authorization of Appropriations.--There is authorized to be
appropriated, for the implementation of projects on the priority list,
$20,000,000 for the first fiscal year that 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 following:
``(g) Payments to Localities.--
``(1) In general.--The Secretary of Agriculture shall 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
thresholds 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
subsection shall be used only to carry out a project or
proposed project that is part of the environmental improvement program
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 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, coordinate
with State and local agencies and organizations, including local fire
departments and volunteer groups.
(b) Ground Disturbance.--The Secretary shall, to the maximum 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 be drawn from an appropriation for any other
unit of the National Forest System.
(b) Matching Requirement.--Except as provided in subsection (c),
funds for activities under section 6 of this Act and section 2(g) of
Public Law 96-586 (94 Stat. 3381) 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 \2/3\ of
necessary funding to local utility districts for the costs of
relocating 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 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.
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