[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1724 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 470
114th CONGRESS
  2d Session
                                S. 1724

                          [Report No. 114-256]

    To provide for environmental restoration activities and forest 
 management activities in the Lake Tahoe Basin, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2015

  Mr. Heller (for himself, Mr. Reid, Mrs. Boxer, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                              May 18, 2016

               Reported by Mr. Inhofe, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To provide for environmental restoration activities and forest 
 management activities in the Lake Tahoe Basin, and for other purposes.

    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 of 
2015''.

SEC. 2. FINDINGS AND PURPOSES.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 2 and inserting the following:

``SEC. 2. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) Lake Tahoe--
                    ``(A) is one 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 one 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 conservation and restoration of the natural beauty and 
        recreation opportunities in the area;
            ``(4) the ecological health of the Lake Tahoe Basin 
        continues to be challenged by the impacts of land use and 
        transportation patterns developed in the last century;
            ``(5) the alteration of wetland, wet meadows, and stream 
        zone habitat have compromised the capacity of the watershed to 
        filter sediment, nutrients, and pollutants before reaching Lake 
        Tahoe;
            ``(6) forests in the Lake Tahoe Basin suffer from over a 
        century of fire damage 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;
            ``(7) the establishment of several aquatic and terrestrial 
        invasive species (including perennial pepperweed, milfoil, and 
        Asian clam) threatens the ecosystem of the Lake Tahoe Basin;
            ``(8) there is an ongoing threat to the economy and 
        ecosystem of the Lake Tahoe Basin of the introduction and 
        establishment of other invasive species (such as yellow 
        starthistle, New Zealand mud snail, Zebra mussel, and quagga 
        mussel);
            ``(9) 78 percent of the land in the Lake Tahoe Basin is 
        administered by the Federal Government, which makes it a 
        Federal responsibility to restore ecological health to the Lake 
        Tahoe Basin;
            ``(10) the Federal Government has a long history of 
        environmental stewardship at Lake Tahoe, including--
                    ``(A) congressional consent to the establishment of 
                the 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 programs 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;
            ``(11) the Assistant Secretary 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;
            ``(12) the Chief of Engineers, under direction from the 
        Assistant Secretary, has continued to be a significant 
        contributor to Lake Tahoe Basin restoration, including--
                    ``(A) stream and wetland restoration; and
                    ``(B) programmatic technical assistance;
            ``(13) 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 
                ecological 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;
            ``(14) at the 2011 and 2012 Lake Tahoe Forums, Senator 
        Reid, Senator Feinstein, Senator Heller, Senator Ensign, 
        Governor Gibbons, Governor Sandoval, and Governor Brown--
                    ``(A) renewed their commitment to Lake Tahoe; and
                    ``(B) expressed their desire to fund the Federal 
                and State shares of the Environmental Improvement 
                Program through 2022;
            ``(15) since 1997, the Federal Government, the States of 
        California and Nevada, units of local government, and the 
        private sector have contributed more than $1,740,000,000 to the 
        Lake Tahoe Basin, including--
                    ``(A) $576,300,000 from the Federal Government;
                    ``(B) $654,600,000 from the State of California;
                    ``(C) $112,500,000 from the State of Nevada;
                    ``(D) $74,900,000 from units of local government; 
                and
                    ``(E) $323,700,000 from private interests;
            ``(16) significant additional investment from Federal, 
        State, local, and private sources is necessary--
                    ``(A) to restore and sustain the ecological health 
                of the Lake Tahoe Basin;
                    ``(B) to adapt to the impacts of fluctuating water 
                temperature and precipitation; and
                    ``(C) to prevent the introduction and establishment 
                of invasive species in the Lake Tahoe Basin; and
            ``(17) the Secretary has indicated that the Lake Tahoe 
        Basin Management Unit has the capacity for at least $10,000,000 
        annually for the Fire Risk Reduction and Forest Management 
        Program.
    ``(b) Purposes.--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, 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 in the Lake Tahoe Basin;
            ``(2) to ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together to 
        manage land in the Lake Tahoe Basin;
            ``(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 resource management in the 
                Lake Tahoe Basin.''.

SEC. 3. DEFINITIONS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 3 and inserting the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Environmental Protection Agency.
            ``(2) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of the Army for Civil Works.
            ``(3) Chair.--The term `Chair' means the Chair of the 
        Federal Partnership.
            ``(4) Compact.--The term `Compact' means the Tahoe Regional 
        Planning Compact included in the first section of Public Law 
        96-551 (94 Stat. 3233).
            ``(5) Directors.--The term `Directors' means--
                    ``(A) the Director of the United States Fish and 
                Wildlife Service; and
                    ``(B) the Director of the United States Geological 
                Survey.
            ``(6) Environmental improvement program.--The 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 capacity.--The term 
        `environmental threshold carrying capacity' has the meaning 
        given the term in Article II of the Compact.
            ``(8) Federal partnership.--The term `Federal Partnership' 
        means the Lake Tahoe Federal Interagency Partnership 
        established by Executive Order 13057 (62 Fed. Reg. 41249) (or a 
        successor Executive order).
            ``(9) Forest management activity.--The term `forest 
        management activity' includes--
                    ``(A) prescribed burning for ecosystem health and 
                hazardous fuels reduction;
                    ``(B) mechanical and minimum tool treatment;
                    ``(C) stream environment zone restoration and other 
                watershed and wildlife habitat enhancements;
                    ``(D) nonnative invasive species management; and
                    ``(E) other activities consistent with Forest 
                Service practices, as the Secretary determines to be 
                appropriate.
            ``(10) Maps.--The term `Maps' means the maps--
                    ``(A) entitled--
                            ``(i) `LTRA USFS-CA Land Exchange/North 
                        Shore';
                            ``(ii) `USFS-CA Land Exchange/West Shore'; 
                        and
                            ``(iii) `USFS-CA Land Exchange/South 
                        Shore'; and
                    ``(B) dated April 12, 2013, and on file and 
                available for public inspection in the appropriate 
                offices of--
                            ``(i) the Forest Service;
                            ``(ii) the California Tahoe Conservancy; 
                        and
                            ``(iii) the California Department of Parks 
                        and Recreation.
            ``(11) National wildland fire code.--The term `national 
        wildland fire code' means--
                    ``(A) the most recent publication of the National 
                Fire Protection Association codes numbered 1141, 1142, 
                1143, and 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).
            ``(12) 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).
            ``(13) Priority list.--The term `Priority List' means the 
        environmental restoration priority list developed under section 
        5(b).
            ``(14) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            ``(15) Stream environment zone.--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) Total maximum daily load.--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)).
            ``(17) Watercraft.--The term `watercraft' means motorized 
        and non-motorized watercraft, including boats, seaplanes, 
        personal watercraft, kayaks, and canoes.''.

SEC. 4. IMPROVED ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT 
              UNIT.

    Section 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) Forest Management Activities.--
            ``(1) Coordination.--
                    ``(A) In general.--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) Goals.--The coordination of activities under 
                subparagraph (A) should aim to increase efficiencies 
                and maximize the compatibility of management practices 
                across public property boundaries.
            ``(2) Multiple benefits.--
                    ``(A) In general.--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 biological 
                                diversity;
                                    ``(III) improving wetland and water 
                                quality, including in Stream 
                                Environment Zones; and
                                    ``(IV) increasing resilience to 
                                changing water temperature and 
                                precipitation; and
                            ``(ii) helps achieve and maintain the 
                        environmental threshold carrying capacities 
                        established by the Planning Agency.
                    ``(B) Exception.--Notwithstanding subparagraph 
                (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 program in relation 
                to the additional ecosystem benefits gained from the 
                management activity.
            ``(3) Ground disturbance.--Consistent with applicable 
        Federal law and Lake Tahoe Basin Management Unit land and 
        resource management plan direction, the Secretary shall--
                    ``(A) establish post-program ground condition 
                criteria for ground disturbance caused by forest 
                management activities; and
                    ``(B) provide for monitoring to ascertain the 
                attainment of the post-program conditions.
    ``(d) Withdrawal of Federal Land.--
            ``(1) In general.--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) Exceptions.--A conveyance of land shall be exempt 
        from withdrawal under this subsection if carried out under--
                    ``(A) this Act; or
                    ``(B) Public Law 96-586 (94 Stat. 3381) (commonly 
                known as the `Santini-Burton Act').
    ``(e) Environmental Threshold Carrying Capacity.--The Lake Tahoe 
Basin Management Unit shall support the attainment of the environmental 
threshold carrying capacities.
    ``(f) Cooperative Authorities.--During the 4 fiscal years following 
the date of enactment of the Lake Tahoe Restoration Act of 2015, the 
Secretary, in conjunction with land adjustment 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 programs.''.

SEC. 5. AUTHORIZED PROGRAMS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 5 and inserting the following:

``SEC. 5. AUTHORIZED PROGRAMS.

    ``(a) In General.--The Secretary, the Assistant Secretary, the 
Directors, and the Administrator, in coordination with the Planning 
Agency and the States of California and Nevada, may carry out or 
provide financial assistance to any program that--
            ``(1) is described in subsection (d);
            ``(2) is included in the Priority List under subsection 
        (b); and
            ``(3) furthers the purposes of the Environmental 
        Improvement Program if the program has been subject to 
        environmental review and approval, respectively, as required 
        under Federal law, Article VII of the Compact, and State law, 
        as applicable.
    ``(b) Priority List.--
            ``(1) Deadline.--Not later than March 15 of the year after 
        the date of enactment of the Lake Tahoe Restoration Act of 
        2015, the Chair, in consultation with the Secretary, the 
        Administrator, the Directors, 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 (or a successor organization) shall submit 
        to Congress a prioritized Environmental Improvement Program 
        list for the Lake Tahoe Basin for each program category 
        described in subsection (d).
            ``(2) Criteria.--The ranking of the Priority List shall be 
        based on the best available science and the following criteria:
                    ``(A) The 4-year threshold carrying capacity 
                evaluation.
                    ``(B) The ability to measure progress or success of 
                the program.
                    ``(C) The potential to significantly contribute to 
                the achievement and maintenance of the environmental 
                threshold carrying capacities identified in Article II 
                of the Compact.
                    ``(D) The ability of a program to provide multiple 
                benefits.
                    ``(E) The ability of a program to leverage non-
                Federal contributions.
                    ``(F) Stakeholder support for the program.
                    ``(G) The justification of Federal interest.
                    ``(H) Agency priority.
                    ``(I) Agency capacity.
                    ``(J) Cost-effectiveness.
                    ``(K) Federal funding history.
            ``(3) Revisions.--The Priority List submitted under 
        paragraph (1) shall be revised every 2 years.
            ``(4) Funding.--Of the amounts made available under section 
        10(a), $80,000,000 shall be made available to the Secretary to 
        carry out projects listed on the Priority List.
    ``(c) Restriction.--The Administrator shall use not more than 3 
percent of the funds provided under subsection (a) for administering 
the programs described in paragraphs (1) and (2) of subsection (d).
    ``(d) Description of Activities.--
            ``(1) Fire risk reduction and forest management.--
                    ``(A) In general.--Of the amounts made available 
                under section 10(a), $150,000,000 shall be made 
                available to the Secretary to carry out, including by 
                making grants, the following programs:
                            ``(i) Programs 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 programs, including 
                        feasibility assessments.
                            ``(iv) Angora Fire Restoration under the 
                        jurisdiction of the Secretary.
                            ``(v) Washoe Tribe programs on tribal lands 
                        within the Lake Tahoe Basin.
                            ``(vi) Development of an updated Lake Tahoe 
                        Basin multijurisdictional fuel reduction and 
                        wildfire prevention strategy, consistent with 
                        section 4(c).
                            ``(vii) Development of updated community 
                        wildfire protection plans by local fire 
                        districts.
                            ``(viii) Municipal water infrastructure 
                        that significantly improves the firefighting 
                        capability of local government within the Lake 
                        Tahoe Basin.
                            ``(ix) Stewardship end result contracting 
                        projects carried out under section 604 of the 
                        Healthy Forests Restoration Act of 2003 (16 
                        U.S.C. 6591c).
                    ``(B) Minimum allocation.--Of the amounts made 
                available to the Secretary to carry out subparagraph 
                (A), at least $100,000,000 shall be used by the 
                Secretary for programs under subparagraph (A)(i).
                    ``(C) Priority.--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.
                    ``(D) Cost-sharing requirements.--
                            ``(i) In general.--As a condition on the 
                        receipt of funds, communities or local fire 
                        districts that receive funds under this 
                        paragraph shall provide a 25-percent match.
                            ``(ii) Form of non-federal share.--
                                    ``(I) In general.--The non-Federal 
                                share required under clause (i) may be 
                                in the form of cash contributions or 
                                in-kind contributions, including 
                                providing labor, equipment, supplies, 
                                space, and other operational needs.
                                    ``(II) Credit for certain dedicated 
                                funding.--There shall be credited 
                                toward the non-Federal share required 
                                under clause (i) any dedicated funding 
                                of the communities or local fire 
                                districts for a fuels reduction 
                                management program, defensible space 
                                inspections, or dooryard chipping.
                                    ``(III) Documentation.--Communities 
                                and local fire districts shall--
                                            ``(aa) maintain a record of 
                                        in-kind contributions that 
                                        describes--

                                                    ``(AA) the monetary 
                                                value of the in-kind 
                                                contributions; and

                                                    ``(BB) the manner 
                                                in which the in-kind 
                                                contributions assist in 
                                                accomplishing program 
                                                goals and objectives; 
                                                and

                                            ``(bb) document in all 
                                        requests for Federal funding, 
                                        and include in the total 
                                        program budget, evidence of the 
                                        commitment to provide the non-
                                        Federal share through in-kind 
                                        contributions.
            ``(2) Invasive species management.--
                    ``(A) In general.--Of the amounts made available 
                under section 10(a), $45,000,000 shall be made 
                available to the Director of the United States Fish and 
                Wildlife Service for the Aquatic Invasive Species 
                Program and the watercraft inspections described in 
                subparagraph (B).
                    ``(B) Description of activities.--The Director of 
                the United States Fish and Wildlife Service, in 
                coordination with the Assistant Secretary, the Planning 
                Agency, the California Department of Fish and Wildlife, 
                and the Nevada Department of Wildlife, shall deploy 
                strategies consistent with the Lake Tahoe Aquatic 
                Invasive Species Management Plan to prevent the 
                introduction or spread of aquatic invasive species in 
                the Lake Tahoe region.
                    ``(C) Criteria.--The strategies referred to in 
                subparagraph (B) shall provide that--
                            ``(i) combined inspection and 
                        decontamination stations be established and 
                        operated at not less than 2 locations in the 
                        Lake Tahoe region; and
                            ``(ii) watercraft not be allowed to launch 
                        in waters of the Lake Tahoe region if the 
                        watercraft has not been inspected in accordance 
                        with the Lake Tahoe Aquatic Invasive Species 
                        Management Plan.
                    ``(D) Certification.--The Planning Agency may 
                certify State and local agencies to perform the 
                decontamination activities described in subparagraph 
                (C)(i) 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 paragraph.
                    ``(E) Applicability.--The strategies and criteria 
                developed under this paragraph shall apply to all 
                watercraft to be launched on water within the Lake 
                Tahoe region.
                    ``(F) Fees.--The Director of the United States Fish 
                and Wildlife Service 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 paragraph.
                    ``(G) Civil penalties.--
                            ``(i) In general.--Any person that 
                        launches, attempts to launch, or facilitates 
                        launching of watercraft not in compliance with 
                        strategies deployed under this paragraph shall 
                        be liable for a civil penalty in an amount not 
                        to exceed $1,000 per violation.
                            ``(ii) Other authorities.--Any penalties 
                        assessed under this subparagraph shall be 
                        separate from penalties assessed under any 
                        other authority.
                    ``(H) Limitation.--The strategies and criteria 
                under subparagraphs (B) and (C), 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 developed under subparagraphs (B) and (C), 
                respectively.
                    ``(I) Supplemental authority.--The authority under 
                this paragraph is supplemental to all actions taken by 
                non-Federal regulatory authorities.
                    ``(J) Savings clause.--Nothing in this title 
                restricts, affects, or amends any other law or the 
                authority of any department, instrumentality, or agency 
                of the United States, or any State or political 
                subdivision thereof, respecting the control of invasive 
                species.
            ``(3) Stormwater management, erosion control, and total 
        watershed restoration.--Of the amounts made available under 
        section 10(a), $113,000,000 shall be made available--
                    ``(A) to the Secretary, the Secretary of the 
                Interior, the Assistant Secretary, or the Administrator 
                for the Federal share of stormwater management and 
                related programs consistent with the adopted Total 
                Maximum Daily Load and near-shore water quality goals;
                    ``(B) for grants by the Secretary and the 
                Administrator to carry out the programs described in 
                subparagraph (A);
                    ``(C) to the Secretary or the Assistant Secretary 
                for the Federal share of the Upper Truckee River 
                restoration programs and other watershed restoration 
                programs identified in the Priority List established 
                under section 5(b); and
                    ``(D) for grants by the Administrator to carry out 
                the programs described in subparagraph (C).
            ``(4) Special status species management.--Of the amounts 
        made available under section 10(a), $20,000,000 shall be made 
        available to the Director of the United States Fish and 
        Wildlife Service for the Lahontan Cutthroat Trout Recovery 
        Program.''.

SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 6 and inserting the following:

``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

    ``(a) Program Performance and Accountability.--
            ``(1) In general.--Of the amounts made available under 
        section 10(a), not less than $5,000,000 shall be made available 
        to the Secretary to carry out this section.
            ``(2) Planning agency.--Of the amounts described in 
        paragraph (1), not less than 50 percent shall be made available 
        to the Planning Agency to carry out the program oversight and 
        coordination activities established under subsection (d).
    ``(b) Consultation.--In carrying out this Act, the Secretary, the 
Administrator, and the Directors 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.
    ``(c) Corps of Engineers; Interagency Agreements.--
            ``(1) In general.--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.
            ``(2) Local cooperation agreements.--
                    ``(A) In general.--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.
                    ``(B) Components.--The agreement entered into under 
                subparagraph (A) shall--
                            ``(i) describe the nature of the technical 
                        assistance;
                            ``(ii) describe any legal and institutional 
                        structures necessary to ensure the effective 
                        long-term viability of the end products by the 
                        non-Federal interest; and
                            ``(iii) include cost-sharing provisions in 
                        accordance with subparagraph (C).
                    ``(C) Federal share.--
                            ``(i) In general.--The Federal share of 
                        program costs under each local cooperation 
                        agreement under this paragraph shall be 65 
                        percent.
                            ``(ii) Form.--The Federal share may be in 
                        the form of reimbursements of program costs.
                            ``(iii) Credit.--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 paragraph.
    ``(d) Effectiveness Evaluation and Monitoring.--In carrying out 
this Act, the Secretary, the Administrator, and the Directors, in 
coordination with the Planning Agency and the States of California and 
Nevada, shall--
            ``(1) develop and implement a plan for integrated 
        monitoring, assessment, and applied research to evaluate the 
        effectiveness of the Environmental Improvement Program;
            ``(2) include funds in each program funded under this 
        section for monitoring and assessment of results at the program 
        level; and
            ``(3) use the integrated multiagency performance measures 
        established under this section.
    ``(e) Reporting Requirements.--Not later than March 15 of each 
year, the Secretary, in cooperation with the Chair, the Administrator, 
the Directors, the Planning Agency, and the States of California and 
Nevada, consistent with subsection (a), shall submit to Congress a 
report that describes--
            ``(1) the status of all Federal, State, local, and private 
        programs authorized under this Act, including to the maximum 
        extent practicable, for programs that will receive Federal 
        funds under this Act during the current or subsequent fiscal 
        year--
                    ``(A) the program scope;
                    ``(B) the budget for the program; and
                    ``(C) the justification for the program, consistent 
                with the criteria established in section 5(b)(2);
            ``(2) Federal, State, local, and private expenditures in 
        the preceding fiscal year to implement the Environmental 
        Improvement Program;
            ``(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 authorized under this Act.
    ``(f) Annual Budget Plan.--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, the 
United States Fish and Wildlife Service, the United States Geological 
Survey, and the Corps of Engineers), 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.''.

SEC. 7. CONFORMING AMENDMENTS; UPDATES TO RELATED LAWS.

    (a) Lake Tahoe Restoration Act.--The 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 8, 
        9, and 10, respectively; and
            (3) in section 9 (as redesignated by paragraph (2)) by 
        inserting ``, Director, or Administrator'' after ``Secretary''.
    (b) Tahoe Regional Planning Compact.--Subsection (c) of Article V 
of the Tahoe Regional Planning Compact (Public Law 96-551; 94 Stat. 
3240) is amended in the third sentence by inserting ``and, in so doing, 
shall ensure that the regional plan reflects changing economic 
conditions and the economic effect of regulation on commerce'' after 
``maintain the regional plan''.
<DELETED>    (c) Treatment of Lake Tahoe Region.--</DELETED>
        <DELETED>    (1) Treatment of lake tahoe region under title 23, 
        united states code.--Section 134 of title 23, United States 
        Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(r) Treatment of Lake Tahoe Region.--</DELETED>
        <DELETED>    ``(1) Definition of lake tahoe region.--In this 
        subsection, the term `Lake Tahoe Region' has the meaning given 
        the term `region' in subsection (a) of Article II of the Lake 
        Tahoe Regional Planning Compact (Public Law 96-551; 94 Stat. 
        3234).</DELETED>
        <DELETED>    ``(2) Treatment.--For the purpose of this title, 
        the Lake Tahoe Region shall be treated as--</DELETED>
                <DELETED>    ``(A) a metropolitan planning 
                organization;</DELETED>
                <DELETED>    ``(B) a transportation management area 
                under subsection (k); and</DELETED>
                <DELETED>    ``(C) an urbanized area, which is 
                comprised of a population of 145,000 in the State of 
                California and a population of 65,000 in the State of 
                Nevada.</DELETED>
        <DELETED>    ``(3) Suballocated funding.--In determining the 
        amount that shall be obligated for a fiscal year for each of 
        the States of California and Nevada under section 133(d)(1)(A) 
        and section 213(c)(1)(A), the Secretary shall--</DELETED>
                <DELETED>    ``(A) calculate the population under each 
                of clauses (i) through (iii) of section 133(d)(1)(A) 
                and section 213(c)(1)(A);</DELETED>
                <DELETED>    ``(B) decrease the amount under clause 
                (iii) of each of section 133(d)(1)(A) and section 
                213(c)(1)(A) by the population described in paragraph 
                (2)(C) for the Lake Tahoe Region in the State; 
                and</DELETED>
                <DELETED>    ``(C) increase the amount under clause (i) 
                of each of section 133(d)(1)(A) and section 
                213(c)(1)(A) by the population described in paragraph 
                (2)(C) for the Lake Tahoe Region in the 
                State.''.</DELETED>
        <DELETED>    (2) Treatment of lake tahoe region under title 49, 
        united states code.--Section 5303 of title 49, United States 
        Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(r) Treatment of Lake Tahoe Region.--</DELETED>
        <DELETED>    ``(1) Definition of lake tahoe region.--In this 
        subsection, the term `Lake Tahoe Region' has the meaning given 
        the term `region' in subsection (a) of Article II of the Lake 
        Tahoe Regional Planning Compact (Public Law 96-551; 94 Stat. 
        3234).</DELETED>
        <DELETED>    ``(2) Treatment.--For the purpose of this title, 
        the Lake Tahoe Region shall be treated as--</DELETED>
                <DELETED>    ``(A) a metropolitan planning 
                organization;</DELETED>
                <DELETED>    ``(B) a transportation management area 
                under subsection (k); and</DELETED>
                <DELETED>    ``(C) an urbanized area, which is 
                comprised of a population of 145,000 and 25 square 
                miles of land area in the State of California and a 
                population of 65,000 and 12 square miles of land area 
                in the State of Nevada.''.</DELETED>
    (c) Treatment Under Title 49, United States Code.--Section 
5303(r)(2)(C) of title 49, United States Code, is amended--
            (1) by inserting ``and 25 square miles of land area'' after 
        ``145,000''; and
            (2) by inserting ``and 12 square miles of land area'' after 
        ``65,000''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    The Lake Tahoe Restoration Act (Public Law 106-506; 114 Stat. 2351) 
is amended by striking section 10 (as redesignated by section 7(a)(2)) 
and inserting the following:

``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $415,000,000 for a period of 10 
fiscal years beginning the first fiscal year after the date of 
enactment of the Lake Tahoe Restoration Act of 2015.
    ``(b) Effect on Other Funds.--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, the Administrator, or the Directors 
        for expenditure in the Lake Tahoe Basin; and
            ``(2) shall not reduce allocations for other Regions of the 
        Forest Service, the Environmental Protection Agency, or the 
        United States Fish and Wildlife Service.
    ``(c) Cost-Sharing Requirement.--Except as provided in subsection 
(d) and section 5(d)(1)(D), funds for activities carried out under 
section 5 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.
    ``(d) Relocation Costs.--Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts \2/3\ of the costs 
of relocating facilities in connection with--
            ``(1) environmental restoration programs under sections 5 
        and 6; and
            ``(2) erosion control programs under section 2 of Public 
        Law 96-586 (94 Stat. 3381).
    ``(e) Signage.--To the maximum extent practicable, a program 
provided assistance under this Act shall include appropriate signage at 
the program site that--
            ``(1) provides information to the public on--
                    ``(A) the amount of Federal funds being provided to 
                the program; and
                    ``(B) this Act; and
            ``(2) displays the visual identity mark of the 
        Environmental Improvement Program.''.

SEC. 9. LAND TRANSFERS TO IMPROVE MANAGEMENT EFFICIENCIES OF FEDERAL 
              AND STATE LAND.

    Section 3(b) of Public Law 96-586 (94 Stat. 3384) (commonly known 
as the ``Santini-Burton Act'') is amended--
            (1) by striking ``(b) Lands'' and inserting the following:
    ``(b) Administration of Acquired Land.--
            ``(1) In general.--Land''; and
            (2) by adding at the end the following:
            ``(2) California conveyances.--
                    ``(A) In general.--If the State of California 
                (acting through the California Tahoe Conservancy and 
                the California Department of Parks and Recreation) 
                offers to donate to the United States acceptable title 
                to the non-Federal land described in subparagraph 
                (B)(i), the Secretary--
                            ``(i) may accept the offer; and
                            ``(ii) not later than 180 days after the 
                        date on which the Secretary receives acceptable 
                        title to the non-Federal land described in 
                        subparagraph (B)(i), convey to the State of 
                        California, subject to valid existing rights 
                        and for no consideration, all right, title, and 
                        interest of the United States in and to the 
                        Federal land that is acceptable to the State of 
                        California.
                    ``(B) Description of land.--
                            ``(i) Non-federal land.--The non-Federal 
                        land referred to in subparagraph (A) includes--
                                    ``(I) the approximately 1,981 acres 
                                of land administered by the California 
                                Tahoe Conservancy and identified on the 
                                Maps as `Conservancy to the United 
                                States Forest Service'; and
                                    ``(II) the approximately 187 acres 
                                of land administered by California 
                                State Parks and identified on the Maps 
                                as `State Parks to the U.S. Forest 
                                Service'.
                            ``(ii) Federal land.--The Federal land 
                        referred to in subparagraph (A) includes the 
                        approximately 1,995 acres of Forest Service 
                        land identified on the Maps as `U.S. Forest 
                        Service to Conservancy and State Parks'.
                    ``(C) Conditions.--Any land conveyed under this 
                paragraph shall--
                            ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies;
                            ``(ii) not result in any significant 
                        changes in the uses of the land; and
                            ``(iii) be subject to the condition that 
                        the applicable deed include such terms, 
                        restrictions, covenants, conditions, and 
                        reservations as the Secretary determines 
                        necessary--
                                    ``(I) to ensure compliance with 
                                this Act; and
                                    ``(II) to ensure that the transfer 
                                of development rights associated with 
                                the conveyed parcels shall not be 
                                recognized or available for transfer 
                                under chapter 51 of the Code of 
                                Ordinances for the Tahoe Regional 
                                Planning Agency.
            ``(3) Nevada conveyances.--
                    ``(A) In general.--In accordance with this section 
                and on request by the Governor of Nevada, the Secretary 
                may transfer the land or interests in land described in 
                subparagraph (B) to the State of Nevada without 
                consideration, subject to appropriate deed restrictions 
                to protect the environmental quality and public 
                recreational use of the land transferred.
                    ``(B) Description of land.--The land referred to in 
                subparagraph (A) includes--
                            ``(i) the approximately 38.68 acres of 
                        Forest Service land identified on the map 
                        entitled `State of Nevada Conveyances' as `Van 
                        Sickle Unit USFS Inholding'; and
                            ``(ii) the approximately 92.28 acres of 
                        Forest Service land identified on the map 
                        entitled `State of Nevada Conveyances' as `Lake 
                        Tahoe Nevada State Park USFS Inholding'.
                    ``(C) Conditions.--Any land conveyed under this 
                paragraph shall--
                            ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies;
                            ``(ii) not result in any significant 
                        changes in the uses of the land; and
                            ``(iii) be subject to the condition that 
                        the applicable deed include such terms, 
                        restrictions, covenants, conditions, and 
                        reservations as the Secretary determines 
                        necessary--
                                    ``(I) to ensure compliance with 
                                this Act; and
                                    ``(II) to ensure that the 
                                development rights associated with the 
                                conveyed parcels shall not be 
                                recognized or available for transfer 
                                under section 90.2 of the Code of 
                                Ordinances for the Tahoe Regional 
                                Planning Agency.
            ``(4) Reversion.--If a parcel of land transferred under 
        paragraph (2) or (3) is used in a manner that is inconsistent 
        with the use described for the parcel of land in paragraph (2) 
        or (3), respectively, the parcel of land, shall, at the 
        discretion of the Secretary, revert to the United States.
            ``(5) Funding.--
                    ``(A) In general.--Of the amounts made available 
                under section 10(a) of the Lake Tahoe Restoration Act 
                (Public Law 106-506; 114 Stat. 2351), $2,000,000 shall 
                be made available to the Secretary to carry out the 
                activities under paragraphs (2) and (3).
                    ``(B) Other funds.--Of the amounts available to the 
                Secretary under paragraph (1), not less than 50 percent 
                shall be provided to the California Tahoe Conservancy 
                to facilitate the conveyance of land described in 
                paragraphs (2) and (3).''.
                                                       Calendar No. 470

114th CONGRESS

  2d Session

                                S. 1724

                          [Report No. 114-256]

_______________________________________________________________________

                                 A BILL

    To provide for environmental restoration activities and forest 
 management activities in the Lake Tahoe Basin, and for other purposes.

_______________________________________________________________________

                              May 18, 2016

                       Reported with an amendment