1.This Act may be cited as the
Lake Tahoe Restoration Act of
2009
.
2.The Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 2 and inserting the following:
2.
(a)Congress
finds that—
(1)Lake Tahoe—
(A)is 1 of the
largest, deepest, and clearest lakes in the world;
(B)has a cobalt blue
color, a biologically diverse alpine setting, and remarkable water clarity;
and
(C)is recognized
nationally and worldwide as a natural resource of special significance;
(2)in addition to
being a scenic and ecological treasure, the Lake Tahoe Basin is 1 of the
outstanding recreational resources of the United States, which—
(A)offers skiing,
water sports, biking, camping, and hiking to millions of visitors each year;
and
(B)contributes
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)the Lake Tahoe
Basin continues to be threatened by the impacts of land use and transportation
patterns developed in the last century that damage the fragile watershed of the
Basin;
(5)the water clarity
of Lake Tahoe declined from a visibility level of 105 feet in 1967 to only 70
feet in 2008;
(6)the rate of
decline in water clarity of Lake Tahoe has decreased in recent years;
(7)a stable water
clarity level for Lake Tahoe could be achieved through feasible control
measures for very fine sediment particles and nutrients;
(8)fine sediments
that cloud Lake Tahoe, and key nutrients such as phosphorus and nitrogen that
support the growth of algae and invasive plants, continue to flow into the lake
from stormwater runoff from developed areas, roads, turf, other disturbed land,
and streams;
(9)the destruction
and alteration of wetland, wet meadows, and stream zone habitat have
compromised the natural capacity of the watershed to filter sediment,
nutrients, and pollutants before reaching Lake Tahoe;
(10)approximately 25
percent of the trees in the Lake Tahoe Basin are either dead or dying;
(11)forests in the
Tahoe Basin suffer from over a century of fire suppression and periodic
drought, which have resulted in—
(A)high tree density
and mortality;
(B)the loss of
biological diversity; and
(C)a large quantity
of combustible forest fuels, which significantly increases the threat of
catastrophic fire and insect infestation;
(12)the establishment
of several aquatic and terrestrial invasive species (including bass, milfoil,
and Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
(13)there is an
ongoing threat to the Lake Tahoe Basin of the introduction and establishment of
other invasive species (such as the zebra mussel, New Zealand mud snail, and
quagga mussel);
(14)the report
prepared by the University of California, Davis, entitled the State of
the Lake Report
, found that conditions in the Lake Tahoe Basin had
changed, including—
(A)the average
surface water temperature of Lake Tahoe has risen by more than 1.5 degrees
Fahrenheit in the past 37 years; and
(B)since 1910, the
percent of precipitation that has fallen as snow in the Lake Tahoe Basin
decreased from 52 percent to 34 percent;
(15)75 percent of the
land in the Lake Tahoe Basin is owned by the Federal Government, which makes it
a Federal responsibility to restore environmental health to the Basin;
(16)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 with—
(i)the enactment in
1969 of Public Law 91–148 (83 Stat. 360); and
(ii)the enactment in
1980 of Public Law 96–551 (94 Stat. 3233);
(B)the establishment
of the Lake Tahoe Basin Management Unit in 1973;
(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 in the Lake Tahoe
Basin;
(D)the enactment of
sections 341 and 342 of the Department of the Interior and Related Agencies
Appropriations Act, 2004 (Public Law 108–108; 117 Stat. 1317), which amended
the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112
Stat. 2346) to provide payments for the environmental restoration projects
under this Act; and
(E)the enactment of
section 382 of the Tax Relief and Health Care Act of 2006 (Public Law 109–432;
120 Stat. 3045), which amended the Southern Nevada Public Land Management Act
of 1998 (Public Law 105–263; 112 Stat. 2346) to authorize development and
implementation of a comprehensive 10-year hazardous fuels and fire prevention
plan for the Lake Tahoe Basin;
(17)the Assistant
Secretary of the Army for Civil Works was an original signatory in 1997 to the
Agreement of Federal Departments on Protection of the Environment and Economic
Health of the Lake Tahoe Basin;
(18)the Chief of
Engineers, under direction from the Assistant Secretary of the Army for Civil
Works, has continued to be a significant contributor to Lake Tahoe Basin
restoration, including—
(A)stream and wetland
restoration;
(B)urban stormwater
conveyance and treatment; and
(C)programmatic
technical assistance;
(19)at the Lake Tahoe
Presidential Forum in 1997, the President renewed the commitment of the Federal
Government to Lake Tahoe by—
(A)committing to
increased Federal resources for environmental restoration at Lake Tahoe;
and
(B)establishing the
Federal Interagency Partnership and Federal Advisory Committee to consult on
natural resources issues concerning the Lake Tahoe Basin;
(20)at the 2008 and
2009 Lake Tahoe Forums, Senator Reid, Senator Feinstein, Senator Ensign, and
Governor Gibbons—
(A)renewed their
commitment to Lake Tahoe; and
(B)expressed their
desire to fund the Federal share of the Environmental Improvement Program
through 2018;
(21)since 1997, the
Federal Government, the States of California and Nevada, units of local
government, and the private sector have contributed more than $1,430,000,000 to
the Lake Tahoe Basin, including—
(A)$424,000,000 from
the Federal Government;
(B)$612,000,000 from
the State of California;
(C)$87,000,000 from
the State of Nevada;
(D)$59,000,000 from
units of local government; and
(E)$249,000,000 from
private interests;
(22)significant
additional investment from Federal, State, local, and private sources is
necessary—
(A)to restore and
sustain the environmental health of the Lake Tahoe Basin;
(B)to adapt to the
impacts of changing climatic conditions; and
(C)to protect the
Lake Tahoe Basin from the introduction and establishment of invasive species;
and
(23)the Secretary has
indicated that the Lake Tahoe Basin Management Unit has the capacity for at
least $10,000,000 and up to $20,000,000 annually for the Fire Risk Reduction
and Forest Management Program.
(b)The purposes of this Act are—
(1)to enable the
Chief of the Forest Service, the Director of the United States Fish and
Wildlife Service, and the Administrator of the Environmental Protection Agency,
in cooperation with the Planning Agency and the States of California and
Nevada, to fund, plan, and implement significant new environmental restoration
activities and forest management activities to address in the Lake Tahoe Basin
the issues described in paragraphs (4) through (14) of subsection (a);
(2)to ensure that
Federal, State, local, regional, tribal, and private entities continue to work
together to manage land in the Lake Tahoe Basin and to coordinate on other
activities in a manner that supports achievement and maintenance of—
(A)the environmental
threshold carrying capacities for the region; and
(B)other applicable
environmental standards and objectives;
(3)to support local
governments in efforts related to environmental restoration, stormwater
pollution control, fire risk reduction, and forest management activities;
and
(4)to ensure that
agency and science community representatives in the Lake Tahoe Basin work
together—
(A)to develop and
implement a plan for integrated monitoring, assessment, and applied research to
evaluate the effectiveness of the Environmental Improvement Program; and
(B)to provide
objective information as a basis for ongoing decisionmaking, with an emphasis
on decisionmaking relating to public and private land use and resource
management in the
Basin.
.
3.The Lake Tahoe Restoration Act (Public Law
106–506; 114 Stat. 2351) is amended by striking section 3 and inserting the
following:
3.In this Act:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The term Assistant Secretary
means the
Assistant Secretary of the Army for Civil Works.
(3)The
term Chair means the Chair of the Federal Partnership.
(4)The
term Compact
means the Tahoe Regional Planning Compact included
in the first section of Public Law 96–551 (94 Stat. 3233).
(5)The
term Director means the Director of the United States Fish and
Wildlife Service.
(6)Environmental
improvement programThe term Environmental Improvement
Program means—
(A)the Environmental
Improvement Program adopted by the Planning Agency; and
(B)any amendments to
the Program.
(7)Environmental
threshold carrying capacityThe term environmental
threshold carrying capacity has the meaning given the term in article II
of the compact.
(8)The term Federal Partnership means the
Lake Tahoe Federal Interagency Partnership established by Executive Order 13957
(62 Fed. Reg. 41249) (or a successor Executive order).
(9)Forest
management activityThe term forest management
activity
includes—
(A)prescribed burning
for ecosystem health and hazardous fuels reduction;
(B)mechanical and
minimum tool treatment;
(C)road
decommissioning or reconstruction;
(D)stream environment
zone restoration and other watershed and wildlife habitat enhancements;
(E)nonnative invasive
species management; and
(F)other activities
consistent with Forest Service practices, as the Secretary determines to be
appropriate.
(10)National
wildland fire codeThe term national wildland fire
code means—
(A)the most recent
publication of the National Fire Protection Association code numbered 1141,
1142, or 1144;
(B)the most recent
publication of the International Wildland-Urban Interface Code of the
International Code Council; or
(C)any other code
that the Secretary determines provides the same, or better, standards for
protection against wildland fire as a code described in subparagraph (A) or
(B).
(11)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).
(12)The term Priority List means the environmental
restoration priority list developed under section 8.
(13)The
term Secretary means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(14)The term total maximum daily load means
the total maximum daily load allocations adopted under section 303(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
(15)The term Stream Environment Zone
means an area that generally owes the biological and physical characteristics
of the area to the presence of surface water or groundwater.
(16)The
term watercraft means all motorized and non-motorized watercraft,
including boats, personal watercraft, kayaks, and
canoes.
.
4.Administration of
the lake tahoe basin management unitSection 4 of the Lake Tahoe Restoration Act
(Public Law 106–506; 114 Stat. 2353) is amended—
(1)in subsection (b)(3), by striking
basin
and inserting Basin
; and
(2)by adding at the end the following:
(c)
(1)The Lake Tahoe Basin Management Unit shall, consistent
with the regional transportation plan adopted by the Planning Agency, manage
vehicular parking and traffic in the Lake Tahoe Basin Management Unit, with
priority given—
(A)to improving
public access to the Lake Tahoe Basin, including the prioritization of
alternatives to the private automobile, consistent with the requirements of the
Compact;
(B)to coordinating
with the Nevada Department of Transportation, Caltrans, State parks, and other
entities along Nevada Highway 28 and California Highway 89; and
(C)to providing
support and assistance to local public transit systems in the management and
operations of activities under this subsection.
(2)National forest
transit programConsistent with the support and assistance
provided under paragraph (1)(C), the Secretary, in consultation with the
Secretary of Transportation, may enter into a contract, cooperative agreement,
interagency agreement, or other agreement with the Department of Transportation
to secure operating and capital funds from the National Forest Transit
Program.
(d)Forest
management activities
(1)
(A)In conducting forest management activities in the Lake
Tahoe Basin Management Unit, the Secretary shall, as appropriate, coordinate
with the Administrator and State and local agencies and organizations,
including local fire departments and volunteer groups.
(B)The
coordination of activities under subparagraph (A) should aim to increase
efficiencies and maximize the compatibility of management practices across
public property boundaries.
(2)
(A)In conducting forest management activities in the Lake
Tahoe Basin Management Unit, the Secretary shall conduct the activities in a
manner that—
(i)except as provided
in subparagraph (B), attains multiple ecosystem benefits, including—
(I)reducing forest
fuels;
(II)maintaining or
restoring biological diversity;
(III)improving
wetland and water quality, including in Stream Environment Zones; and
(IV)increasing
resilience to changing climatic conditions; and
(ii)helps achieve and
maintain the environmental threshold carrying capacities established by the
Planning Agency.
(B)Notwithstanding
clause (A)(i), the attainment of multiple ecosystem benefits shall not be
required if the Secretary determines that management for multiple ecosystem
benefits would excessively increase the cost of a project in relation to the
additional ecosystem benefits gained from the management activity.
(3)Consistent with applicable Federal law and Lake Tahoe
Basin Management Unit land and resource management plan direction, the
Secretary shall—
(A)establish
post-project ground condition criteria for ground disturbance caused by forest
management activities; and
(B)provide for
monitoring to ascertain the attainment of the post-project conditions.
(e)Withdrawal of
Federal land
(1)Subject to valid existing rights and paragraph (2), the
Federal land located in the Lake Tahoe Basin Management Unit is withdrawn
from—
(A)all forms of
entry, appropriation, or disposal under the public land laws;
(B)location, entry,
and patent under the mining laws; and
(C)disposition under
all laws relating to mineral and geothermal leasing.
(2)
(A)The withdrawal under paragraph (1) shall be in effect
until the date on which the Secretary, after conducting a review of all Federal
land in the Lake Tahoe Basin Management Unit and receiving public input, has
made a determination on which parcels of Federal land should remain
withdrawn.
(B)The
determination of the Secretary under subparagraph (A)—
(i)shall be effective
beginning on the date on which the determination is issued;
(ii)may be altered by
the Secretary as the Secretary determines to be necessary; and
(iii)shall not be
subject to administrative renewal.
(f)Environmental
threshold carrying capacityThe Lake Tahoe Basin Management Unit shall
support the attainment of the environmental threshold carrying
capacities.
(g)
(1)During the 4 fiscal years following the date of enactment
of the Lake Tahoe Restoration Act of 2009, the Secretary, in conjunction with
land adjustment projects or programs, may enter into contracts and cooperative
agreements with States, units of local government, and other public and private
entities to provide for fuel reduction, erosion control, reforestation, Stream
Environment Zone restoration, and similar management activities on Federal land
and non-Federal land within the projects or programs.
(2)
(A)Not later than 2 years after the date of enactment of the
Lake Tahoe Restoration Act of 2009, the Secretary shall submit to Congress a
report regarding the management of land in the Lake Tahoe Basin Management Unit
Urban Lots Program, including—
(i)a
description of future plans and recent actions for land consolidation and
adjustment; and
(ii)the
identification of any obstacles to desired conveyances or interchanges.
(B)The
report submitted under subparagraph (A) may contain recommendations for
additional legislative authority.
(C)Nothing
in this paragraph delays the conveyance of parcels under—
(i)the authority of
this Act; or
(ii)any other
authority available to the Secretary.
(3)The authority of this subsection is supplemental to all
other cooperative authorities of the
Secretary.
.
5.The Lake Tahoe Restoration Act (Public Law
106–506; 114 Stat. 2351) is amended by striking section 5 and inserting the
following:
5.In carrying out this Act, the Secretary, the
Administrator, and the Director shall, as appropriate and in a timely manner,
consult with the heads of the Washoe Tribe, applicable Federal, State,
regional, and local governmental agencies, and the Lake Tahoe Federal Advisory
Committee.
.
6.The Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 6 and inserting the following:
6.
(a)The Secretary, the Director, and the Administrator, in
coordination with the Planning Agency and the States of California and Nevada,
may carry out any project described in subsection (c) or included in the
Priority List under section 8 to further the purposes of the Environmental
Improvement Program if the project has been subject to environmental review and
approval, respectively, as required under Federal law, article 7 of the
Compact, and State law, as applicable.
(b)Monitoring and
assessmentAll projects authorized under subsection (c) and
section 8 shall—
(1)include funds for
monitoring and assessment of the results and effectiveness at the project and
program level consistent with the program developed under section 11;
and
(2)use the integrated
multiagency performance measures established in the science program developed
under that section.
(c)Description of
activities
(1)Stormwater
management, erosion control, and total maximum daily load
implementationOf the amounts made available under section 18(a),
$40,000,000 shall be used for the Federal share of the following
projects:
(A)Bijou Stormwater
Improvement Project in the City of South Lake Tahoe, California.
(B)Christmas Valley
Stormwater Improvement Project in El Dorado County, California.
(C)Kings Beach
Watershed Improvement Project in Placer County, California.
(D)Lake Forest
Stormwater and Watershed Improvement Project in Placer County,
California.
(E)Crystal Bay
Stormwater Improvement Project in Washoe County, Nevada.
(F)Washoe County
Stormwater Improvement Projects 4, 5, and 6 in Washoe County, Nevada.
(G)Upper and Lower
Kingsbury Project in Douglas County, Nevada.
(H)Lake Village
Drive-Phase II Stormwater Improvement in Douglas County, Nevada.
(I)State Route 28
Spooner to Sand Harbor Stormwater Improvement, Washoe County, Nevada.
(J)State Route 431
Stormwater Improvement, Washoe County, Nevada.
(2)Stream
environment zone and watershed restorationOf the amounts made
available under section 18(a), $32,000,000 shall be available for the Federal
share of the following projects:
(A)Upper Truckee
River and Marsh Restoration Project.
(B)Upper Truckee
River Mosher, Reaches 1 & 2.
(C)Upper Truckee
River Sunset Stables.
(D)Lower Blackwood
Creek Restoration Project.
(E)Ward Creek.
(F)Third
Creek/Incline Creek Watershed Restoration.
(G)Rosewood Creek
Restoration Project.
(3)Fire risk
reduction and forest management
(A)Of the amounts made available under section 18(a),
$136,000,000 shall be made available for the following projects:
(i)Projects
identified as part of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction
and Wildfire Prevention Strategy 10-Year Plan.
(ii)Competitive
grants for fuels work to be awarded by the Secretary to communities that have
adopted national wildland fire codes to implement the applicable portion of the
10-year plan described in clause (i).
(iii)Biomass
projects, including feasibility assessments and transportation of
materials.
(iv)Angora Fire
Restoration projects under the jurisdiction of the Secretary.
(B)Multiple benefit
fuels projectsConsistent with the requirements of section
4(d)(2), not more than $10,000,000 of the amounts made available to carry out
subparagraph (A) shall be available to the Secretary for the planning and
implementation of multiple benefit fuels projects with an emphasis on
restoration projects in Stream Environment Zones.
(C)Of the amounts made available to carry out
subparagraph (A), at least $80,000,000 shall be made available to the Secretary
for projects under subparagraph (A)(i).
(D)Units
of local government that have dedicated funding for inspections and enforcement
of defensible space regulations shall be given priority for amounts provided
under this paragraph.
(E)Cost-sharing
requirementsAs a condition on the receipt of funds, communities
or local fire districts that receive funds under this paragraph shall provide a
25 percent match.
(4)Invasive species
managementOf the amounts to be made available under section
18(a), $20,500,000 shall be made available for the Aquatic Invasive Species
Program and the watercraft inspections described in section 9.
(5)Special status
species managementOf the amounts to be made available under
section 18(a), $20,000,000 shall be made available for the Lahontan Cutthroat
Trout Recovery Program.
(6)Of
the amounts to be made available under section 18(a), $30,000,000 shall be used
to develop and implement the science program developed under section 11.
(d)Any amounts made available under section 18(a) that remain
available after projects described in subsection (c) have been funded shall be
made available for projects included in the Priority List under section
8.
.
7.Environmental
restoration priority listThe
Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is
amended—
(1)by striking
sections 8 and 9;
(2)by redesignating sections 10, 11, and 12 as
sections 16, 17, and 18, respectively; and
(3)by inserting after
section 7 the following:
8.Environmental
restoration priority list
(a)Subject
to section 6(d), of the amounts to be made available under section 18(a), at
least $136,000,000 shall be made available for projects identified on the
Priority List.
(b)Not
later than February 15 of the year after the date of enactment of the Lake
Tahoe Restoration Act of 2009, the Chair, in consultation with the Secretary,
the Administrator, the Director, the Planning Agency, the States of California
and Nevada, the Federal Partnership, the Washoe Tribe, the Lake Tahoe Federal
Advisory Committee, and the Tahoe Science Consortium shall submit to Congress a
prioritized list of all Environmental Improvement Program projects for the Lake
Tahoe Basin, regardless of program category.
(c)
(1)The priority of projects included in the Priority List
shall be based on the best available science and the following criteria:
(A)The 5-year
threshold carrying capacity evaluation.
(B)The ability to
measure progress or success of the project.
(C)The potential to
significantly contribute to the achievement and maintenance of the
environmental threshold carrying capacities identified in the Compact
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.
(D)The ability of a
project to provide multiple benefits.
(E)The ability of a
project to leverage non-Federal contributions.
(F)Stakeholder
support for the project.
(G)The justification
of Federal interest.
(H)Agency
priority.
(I)Agency
capacity.
(J)Cost-effectiveness.
(K)Federal funding
history.
(2)In addition to the criteria under paragraph (1), the
Chair shall, as the Chair determines to be appropriate, give preference to
projects in the Priority List that benefit existing neighborhoods in the Basin
that are at or below regional median income levels, based on the most recent
census data available.
(3)For purposes of the Priority List, erosion control
projects shall be considered part of the stormwater management and total
maximum daily load program of the Environmental Improvement Program.
(d)
(1)The Priority List submitted under subsection (b) shall be
revised—
(A)every 4 years;
or
(B)on a finding of
compelling need under paragraph (2).
(2)Finding of
compelling need
(A)If the Secretary, the Administrator, or the Director
makes a finding of compelling need justifying a priority shift and the finding
is approved by the Secretary, the Executive Director of the Planning Agency,
the California Resources Secretary, and the Director of the Nevada Department
of Conservation, the Priority List shall be revised in accordance with this
subsection.
(B)A
finding of compelling need includes—
(i)major scientific
findings;
(ii)results from the
threshold evaluation of the Planning Agency;
(iii)emerging
environmental threats; and
(iv)rare
opportunities for land acquisition.
9.Aquatic invasive
species prevention
(a)Not later than 60 days after the date of enactment of the
Lake Tahoe Restoration Act of 2009, the Director, in coordination with the
Planning Agency, the California Department of Fish and Game, and the Nevada
Department of Wildlife, shall deploy strategies that meet or exceed the
criteria described in subsection (b) for preventing the introduction of aquatic
invasive species into the Lake Tahoe Basin.
(b)The
strategies referred to in subsection (a) shall provide that—
(1)combined
inspection and decontamination stations be established and operated at not less
than 2 locations in the Lake Tahoe Basin;
(2)watercraft not be
allowed to launch in waters of the Lake Tahoe Basin if the watercraft—
(A)has been in waters
infested by quagga or zebra mussels;
(B)shows evidence of
invasive species that the Director has determined would be detrimental to the
Lake Tahoe ecosystem; or
(C)cannot be reliably
decontaminated in accordance with paragraph (3);
(3)subject to
paragraph (4), all watercraft surfaces and appurtenance (such as anchors and
fenders) that contact with water shall be reliably decontaminated, based on
standards developed by the Director using the best available science;
(4)watercraft bearing
positive verification of having last launched within the Lake Tahoe Basin may
be exempted from decontamination under paragraph (3); and
(5)while in the Lake
Tahoe Basin, all watercraft maintain documentation of compliance with the
strategies deployed under this section.
(c)The
Director may certify State agencies to perform the decontamination activities
described in subsection (b)(3) at locations outside the Lake Tahoe Basin if
standards at the sites meet or exceed standards for similar sites in the Lake
Tahoe Basin established under this section.
(d)The
strategies and criteria developed under this section shall apply to all
watercraft to be launched on water within the Lake Tahoe Basin.
(e)The Director may collect and spend fees for
decontamination only at a level sufficient to cover the costs of operation of
inspection and decontamination stations under this section.
(f)
(1)Any person that launches, attempts to launch, or
facilitates launching of watercraft not in compliance with strategies deployed
under this section shall be liable for a civil penalty in an amount not to
exceed $1,000 per violation.
(2)Any penalties assessed under this subsection shall be
separate from penalties assessed under any other authority.
(g)The strategies and criteria under
subsections (a) and (b), respectively, may be modified if the Secretary of the
Interior, in a nondelegable capacity and in consultation with the Planning
Agency and State governments, issues a determination that alternative measures
will be no less effective at preventing introduction of aquatic invasive
species into Lake Tahoe than the strategies and criteria.
(h)Of the amounts made available under section
6(c)(4), not more than $500,000 shall be made available to the Director, in
coordination with the Planning Agency and State governments—
(1)to evaluate the
feasibility, cost, and potential effectiveness of further efforts that could be
undertaken by the Federal Government, State and local governments, or private
entities to guard against introduction of aquatic invasive species into Lake
Tahoe, including the potential establishment of inspection and decontamination
stations on major transitways entering the Lake Tahoe Basin; and
(2)to evaluate and
identify options for ensuring that all waters connected to Lake Tahoe are
protected from quagga and zebra mussels and other aquatic invasive
species.
(i)The authority under this section is supplemental to all
actions taken by non-Federal regulatory authorities.
10.Army Corps of
Engineers; interagency agreements
(a)The Assistant
Secretary may enter into interagency agreements with non-Federal interests in
the Lake Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General
Investigations funds to provide programmatic technical assistance for the
Environmental Improvement Program.
(b)Local
cooperation agreements
(1)Before providing technical assistance under this section,
the Assistant Secretary shall enter into a local cooperation agreement with a
non-Federal interest to provide for the technical assistance.
(2)The
agreement entered into under paragraph (1) shall—
(A)describe the
nature of the technical assistance;
(B)describe any legal
and institutional structures necessary to ensure the effective long-term
viability of the end products by the non-Federal interest; and
(C)include
cost-sharing provisions in accordance with paragraph (3).
(3)
(A)The Federal share of project costs under each local
cooperation agreement under this subsection shall be 65 percent.
(B)The
Federal share may be in the form of reimbursements of project costs.
(C)The
non-Federal interest may receive credit toward the non-Federal share for the
reasonable costs of related technical activities completed by the non-Federal
interest before entering into a local cooperation agreement with the Assistant
Secretary under this subsection.
11.The Administrator, in
cooperation with the Secretary, the Planning Agency, the States of California
and Nevada, and the Tahoe Science Consortium, shall develop and implement a
Lake Tahoe Science Program that—
(1)develops and
regularly updates an integrated multiagency programmatic assessment and
monitoring plan—
(A)to evaluate the
effectiveness of the Environmental Improvement Program;
(B)to evaluate the
status and trends of indicators related to environmental threshold carrying
capacities; and
(C)to assess the
impacts and risks of changing climatic conditions and invasive species;
(2)develops a
comprehensive set of performance measures for Environmental Improvement Program
assessment;
(3)coordinates the
development of the annual report described in section 13;
(4)produces and
synthesizes scientific information necessary for—
(A)the identification
and refinement of environmental indicators for the Lake Tahoe Basin; and
(B)the evaluation of
standards and benchmarks;
(5)conducts applied
research, programmatic technical assessments, scientific data management,
analysis, and reporting related to key management questions;
(6)develops new tools
and information to support objective assessments of land use and resource
conditions;
(7)provides
scientific and technical support to the Federal Government and State and local
governments in—
(A)reducing
stormwater runoff, air deposition, and other pollutants that contribute to the
loss of lake clarity; and
(B)the development
and implementation of an integrated stormwater monitoring and assessment
program;
(8)establishes and
maintains independent peer review processes—
(A)to evaluate the
Environmental Improvement Program; and
(B)to assess the
technical adequacy and scientific consistency of central environmental
documents, such as the 5-year threshold review; and
(9)provides
scientific and technical support for the development of appropriate management
strategies to accommodate changing climatic conditions in the Lake Tahoe
Basin.
12.Public outreach
and education
(a)The Secretary,
Administrator, and Director will coordinate with the Planning Agency to conduct
public education and outreach programs, including encouraging—
(1)owners of land and residences in the Lake
Tahoe Basin—
(A)to implement defensible space; and
(B)to conduct best management practices for
water quality; and
(2)owners of land and residences in the Lake
Tahoe Basin and visitors to the Lake Tahoe Basin, to help prevent the
introduction and proliferation of invasive species as part of the private share
investment in the Environmental Improvement Program.
(b)Public outreach
and education programs for aquatic invasive species under this section
shall—
(1)be coordinated with Lake Tahoe Basin
tourism and business organizations; and
(2)include provisions for the programs to
extend outside of the Lake Tahoe Basin.
13.Not later than
February 15 of each year, the Chair, in cooperation with the Secretary, the
Director, the Administrator, the Planning Agency, and the States of California
and Nevada, shall submit to Congress a report that describes—
(1)the status of all
Federal, State, local, and private projects authorized under this Act,
including to the maximum extent practicable, for projects that will receive
Federal funds under this Act during the current or subsequent fiscal
year—
(A)the project
scope;
(B)the budget for the
project; and
(C)the justification
for the project, consistent with the criteria established in section
8(c)(1);
(2)Federal, State,
local, and private expenditures in the preceding fiscal year to implement the
Environmental Improvement Program and projects otherwise authorized under this
Act;
(3)accomplishments in
the preceding fiscal year in implementing this Act in accordance with the
performance measures and other monitoring and assessment activities; and
(4)public education
and outreach efforts undertaken to implement programs and projects authorized
under this Act.
14.As part of the annual
budget of the President, the President shall submit information regarding each
Federal agency involved in the Environmental Improvement Program (including the
Forest Service, the Environmental Protection Agency, and the United States Fish
and Wildlife Service), including—
(1)an interagency
crosscut budget that displays the proposed budget for use by each Federal
agency in carrying out restoration activities relating to the Environmental
Improvement Program for the following fiscal year;
(2)a detailed
accounting of all amounts received and obligated by Federal agencies to achieve
the goals of the Environmental Improvement Program during the preceding fiscal
year; and
(3)a description of
the Federal role in the Environmental Improvement Program, including the
specific role of each agency involved in the restoration of the Lake Tahoe
Basin.
15.Grant for
watershed strategy
(a)Of the amounts to be
made available under section 18(a), the Administrator shall use not more than
$500,000 to provide a grant, on a competitive basis, to States, federally
recognized Indian tribes, interstate agencies, other public or nonprofit
agencies and institutions, or institutions of higher education to develop a
Lake Tahoe Basin watershed strategy in coordination with the Planning Agency,
the States of California and Nevada, and the Secretary.
(b)In
developing the watershed strategy under subsection (a), the grant recipients
shall provide an opportunity for public review and comment.
(c)The watershed strategy developed under
subsection (a) shall include—
(1)a classification
system, inventory, and assessment of stream environment zones;
(2)comprehensive
watershed characterization and restoration priorities consistent with—
(A)the Lake Tahoe
total maximum daily load; and
(B)the environmental
threshold carrying capacities of Lake Tahoe;
(3)a monitoring and
assessment program consistent with section 11; and
(4)an adaptive
management system—
(A)to measure and
evaluate progress; and
(B)to adjust the
program.
(d)The
watershed strategy developed under subsection (a) shall be completed by the
date that is 2 years after the date on which funds are made available to carry
out this
section.
.
8.Relationship to
other lawsSection 17 of The
Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2358) (as
redesignated by section 7(2)) is amended by inserting , Director, or
Administrator
after Secretary
.
9.Authorization of
appropriationsThe Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 18 (as redesignated by section 7(2)) and inserting the
following:
18.Authorization of
appropriations
(a)There is authorized
to be appropriated to carry out this Act $415,000,000 for a period of 8 fiscal
years beginning the first fiscal year after the date of enactment of the Lake
Tahoe Restoration Act of 2009.
(b)Amounts authorized under this section and any amendments
made by this Act—
(1)shall be in
addition to any other amounts made available to the Secretary, Administrator,
or Director for expenditure in the Lake Tahoe Basin; and
(2)shall not reduce
allocations for other Regions of the Forest Service, Environmental Protection
Agency, or United States Fish and Wildlife Service.
(c)Except as provided in subsection (d) and section
6(c)(3)(E), the States of California and Nevada shall pay 50 percent of the
aggregate costs of restoration activities in the Lake Tahoe Basin funded under
section 6 or 8.
(d)Notwithstanding subsection (c), the Secretary shall provide
to local utility districts 2/3 the costs of relocating
facilities in connection with—
(1)environmental
restoration projects under sections 6 and 8; and
(2)erosion control
projects under section 2 of Public Law 96–586 (94 Stat. 3381).
(e)To
the maximum extent practicable, a project provided assistance under this Act
shall include appropriate signage at the project site that—
(1)provides
information to the public on—
(A)the amount of
Federal funds being provided to the project; and
(B)this Act;
and
(2)displays the
visual identity mark of the Environmental Improvement
Program.
.
10.
(a)Administration
of acquired landSection 3(b) of Public Law 96–586 (94 Stat.
3384) is amended—
(1)by striking (b) Lands
and
inserting the following:
(b)Administration
of acquired land
(1)Land
;
and
(2)by adding at the
end the following:
(2)
(A)Notwithstanding paragraph (1), the Secretary of
Agriculture (acting through the Chief of the Forest Service) (referred to in
this paragraph as the Secretary
) may interchange (as defined in
the first section of Public Law 97–465 (16 U.S.C. 521c)) any land or interest
in land within the Lake Tahoe Basin Management Unit described in subparagraph
(B) with appropriate units of State government.
(B)The land or interest in land referred to in subparagraph (A)
is land or an interest in land that the Secretary determines is not subject to
efficient administration by the Secretary because of the location or size of
the land.
(C)In
any interchange under this paragraph, the Secretary shall—
(i)insert in the
applicable deed such terms, covenants, conditions, and reservations as the
Secretary determines to be necessary to ensure—
(I)protection of the
public interest, including protection of the scenic, wildlife, and recreational
values of the National Forest System; and
(II)the provision for
appropriate access to, and use of, land within the National Forest
System;
(ii)receive land
within the Lake Tahoe Basin of approximately equal value (as defined in
accordance with section 6(2) of Public Law 97–465 (96 Stat. 2535)); and
(iii)for the purposes
of any environmental assessment—
(I)assume the
maintenance of the environmental status quo; and
(II)not be required
to individually assess each parcel that is managed under the Lake Tahoe Basin
Management Unit Urban Lots Program.
(D)Use of land
acquired by units of State governmentAny unit of State
government that receives National Forest System land through an exchange or
transfer under this paragraph shall not convey the land to any person or entity
other than the Federal Government or a State
government.
.
(b)Interagency
agreement fundingSection 108(g) of title I of division C of the
Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2942) is
amended by striking $25,000,000
and inserting
$75,000,000
.