[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1192 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1192

To designate national forest land managed by the Forest Service in the 
    Lake Tahoe Basin as the ``Lake Tahoe National Scenic Forest and 
Recreation Area'', and to promote environmental restoration around the 
                           Lake Tahoe Basin.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1999

   Mrs. Feinstein (for herself, Mr. Reid, Mrs. Boxer, and Mr. Bryan) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To designate national forest land managed by the Forest Service in the 
    Lake Tahoe Basin as the ``Lake Tahoe National Scenic Forest and 
Recreation Area'', and 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) destruction of wetlands, wet meadows, and stream zone 
        habitat has compromised the Lake's ability to cleanse itself of 
        pollutants;
            (7) approximately 25 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;
            (8) 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;
            (9) 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;
            (10) 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;
            (11) 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
            (12) 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 recognize Lake Tahoe's unique national status by 
        designating the Lake Tahoe National Scenic Forest and 
        Recreation Area;
            (2) to enable the Forest Service to plan and implement 
        significant new environmental restoration activities on land 
        surrounding Lake Tahoe;
            (3) to ensure that Federal, State, local, regional, tribal, 
        and private agencies continue to work together to improve water 
        quality and manage Federal land surrounding Lake Tahoe; and
            (4) 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 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 to remove dead or 
                        dying trees;
                            (iii) mechanical treatment to remove small 
                        trees or brush;
                            (iv) road obliteration or reconstruction; 
                        and
                            (v) such other activities as the Secretary 
                        determines to be appropriate.
            (3) Map.--The term ``Map'' means the map entitled 
        ``Official Map of the Lake Tahoe National Scenic Forest and 
        Recreation Area'' and dated April 27, 1999.
            (4) 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).
            (5) Priority list.--The term ``priority list'' means the 
        environmental restoration priority list developed under section 
        7.
            (6) Scenic forest and recreation area.--The term ``Scenic 
        Forest and Recreation Area'' means the Lake Tahoe National 
        Scenic Forest and Recreation Area established by section 4.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 4. SCENIC FOREST AND RECREATION AREA.

    (a) Establishment.--There is established the Lake Tahoe National 
Scenic Forest and Recreation Area as a unit of the National Forest 
System.
    (b) Boundary.--The land in and boundaries of the Scenic Forest and 
Recreation Area shall be identical to the land in and boundaries of the 
Lake Tahoe Basin Management Unit of the Forest Service, which comprises 
approximately 158,000 acres, as generally depicted on the Map.
    (c) Availability of Map.--The Map shall be on file and available 
for public inspection in the Office of the Chief of the Forest Service.
    (d) Termination of Lake Tahoe Basin Management Unit.--
            (1) In general.--The designation of the Lake Tahoe Basin 
        Management Unit in existence on the date of enactment of this 
        Act is terminated.
            (2) Transfer.--All obligations, responsibilities, and 
        management plans for the Lake Tahoe Basin Management Unit are 
        transferred to the Scenic Forest and Recreation Area.
            (3) Reference to scenic forest and recreation area.--Any 
        reference to the Lake Tahoe Basin Management Unit shall be 
        deemed to be a reference to the Scenic Forest and Recreation 
        Area.
            (4) Funds.--Any funds made available for the purposes of 
        the Lake Tahoe Basin Management Unit shall be available for the 
        purposes of the Scenic Forest and Recreation Area.

SEC. 5. ADMINISTRATION OF SCENIC FOREST AND RECREATION AREA.

    (a) In General.--The Scenic Forest and Recreation Area 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 
        confers regulatory authority on 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 in the 
        Lake Tahoe Basin under any other law.

SEC. 6. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.

    (a) In General.--With respect to the duties described in subsection 
(b), the Secretary may, as appropriate, 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; and
            (3) the Lake Tahoe Basin Federal Advisory Committee 
        established by the Secretary on December 15, 1998 (64 Fed. Reg. 
        2876).
    (b) Duties.--The Secretary may consult with and seek advice and 
recommendations from the entities described in subsection (a) with 
respect to--
            (1) the administration of the Scenic Forest and Recreation 
        Area;
            (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. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST.

    (a) In General.--Not later than one 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 Scenic 
Forest and Recreation Area.
    (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;
            (2) include, in order of priority, potential or proposed 
        environmental restoration projects in the Scenic Forest and 
        Recreation Area 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; and
                    (B) would help to achieve and maintain the 
                environmental threshold carrying capacities for--
                            (i) water quality;
                            (ii) soil conservation;
                            (iii) air quality;
                            (iv) vegetation;
                            (v) fisheries;
                            (vi) wildlife;
                            (vii) scenic resources;
                            (viii) recreation; and
                            (ix) noise;
            (3) in determining the order of priority of potential and 
        proposed environmental restoration projects under paragraph 
        (2), give priority to projects involving--
                    (A) the acquisition of environmentally sensitive 
                land under Public Law 96-586 (94 Stat. 3381);
                    (B) erosion and sediment control, including the 
                activities described in section 2(g) of Public Law 96-
                586 (94 Stat. 3381) (as amended by section 8);
                    (C) fire risk reduction activities in urban areas 
                and urban-wildland interface areas, including urban 
                lots acquired under Public Law 96-586 (94 Stat. 3381); 
                and
                    (D) the management of vehicular parking and traffic 
                in the Scenic Forest and Recreation Area, especially--
                            (i) improvement of public access to the 
                        Scenic Forest and Recreation Area, including 
                        the promotion of alternatives to the private 
                        automobile;
                            (ii) the Highway 28 and 89 corridors;
                            (iii) Forest Service concession holdings; 
                        and
                            (iv) 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 review the priority list and make 
any necessary changes based on--
            (1) the findings of scientific research and monitoring in 
        the Lake Tahoe Basin;
            (2) any change in an environmental threshold as determined 
        by the Planning Agency; or
            (3) any change in general environmental conditions in the 
        Lake Tahoe Basin.
    (f) 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. 8. EROSION CONTROL 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, 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 for--
                    ``(A) the restoration of wetland, wet meadows, and 
                stream environment zones, including acquisition of land 
                by the political subdivisions for the purpose of 
                restoration or designation of riparian buffer zones;
                    ``(B) planting and enhancing native vegetation in 
                riparian areas;
                    ``(C) restoration of fish and wildlife habitat; and
                    ``(D) soil conservation and erosion mitigation 
                projects.
            ``(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) Limitation on 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.
            ``(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 erosion control 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 at least 10 percent of the 
                total amounts appropriated for payments under this 
                subsection.
            ``(5) Authorization of appropriations.--In addition to the 
        amounts authorized to be appropriated to carry out section 3, 
        there are authorized to be appropriated for making payments 
        under this subsection--
                    ``(A) a sum equal to 15 percent of the amount 
                appropriated under section 3; and
                    ``(B) $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. 9. FIRE RISK REDUCTION ACTIVITIES.

    (a) In General.--In conducting fire risk reduction activities in 
urban areas 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.
    (c) Roadless Areas.--The Secretary shall seek to ensure that no 
mechanical treatment under this Act occurs in inventoried roadless 
areas.

SEC. 10. AVAILABILITY AND SOURCE OF FUNDS.

    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.

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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