[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9982-S9984]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       LAKE TAHOE RESTORATION ACT

  The Senate proceeded to consider the bill (S. 1925) to promote 
environmental restoration around Lake Tahoe basin, which had been 
reported from the Committee on Energy and Natural Resources, with an 
amendment as follows:
  (Strike out all after the enacting clause and insert the part printed 
in italic)

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lake Tahoe Restoration 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Lake Tahoe, one of the largest, deepest, and clearest 
     lakes in the world, has a cobalt blue color, a unique alpine 
     setting, and remarkable water clarity, and is recognized 
     nationally and worldwide as a natural resource of special 
     significance;
       (2) in addition to being a scenic and ecological treasure, 
     Lake Tahoe is one of the outstanding recreational resources 
     of the United States, offering skiing, water sports, biking, 
     camping, and hiking to millions of visitors each year, and 
     contributing significantly to the economies of California, 
     Nevada, and the United States;
       (3) the economy in the Lake Tahoe basin is dependent on the 
     protection and restoration of the natural beauty and 
     recreation opportunities in the area;
       (4) Lake Tahoe is in the midst of an environmental crisis; 
     the Lake's water clarity has declined from a visibility level 
     of 105 feet in 1967 to only 70 feet in 1999, and scientific 
     estimates indicate that if the water quality at the Lake 
     continues to degrade, Lake Tahoe will lose its famous clarity 
     in only 30 years;
       (5) sediment and algae-nourishing phosphorous and nitrogen 
     continue to flow into the Lake from a variety of sources, 
     including land erosion, fertilizers, air pollution, urban 
     runoff, highway drainage, streamside erosion, land 
     disturbance, and ground water flow;
       (6) methyl tertiary butyl ether--
       (A) has contaminated and closed more than \1/3\ of the 
     wells in South Tahoe; and
       (B) is advancing on the Lake at a rate of approximately 9 
     feet per day;
       (7) destruction of wetlands, wet meadows, and stream zone 
     habitat has compromised the Lake's ability to cleanse itself 
     of pollutants;
       (8) approximately 40 percent of the trees in the Lake Tahoe 
     basin are either dead or dying, and the increased quantity of 
     combustible forest fuels has significantly increased the risk 
     of catastrophic forest fire in the Lake Tahoe basin;
       (9) as the largest land manager in the Lake Tahoe basin, 
     with 77 percent of the land, the Federal Government has a 
     unique responsibility for restoring environmental health to 
     Lake Tahoe;
       (10) the Federal Government has a long history of 
     environmental preservation at Lake Tahoe, including--
       (A) congressional consent to the establishment of the Tahoe 
     Regional Planning Agency in 1969 (Public Law 91-148; 83 Stat. 
     360) and in 1980 (Public Law 96-551; 94 Stat. 3233);
       (B) the establishment of the Lake Tahoe Basin Management 
     Unit in 1973; and
       (C) the enactment of Public Law 96-586 (94 Stat. 3381) in 
     1980 to provide for the acquisition of environmentally 
     sensitive land and erosion control grants;
       (11) the President renewed the Federal Government's 
     commitment to Lake Tahoe in 1997 at the Lake Tahoe 
     Presidential Forum, when he committed to increased Federal 
     resources for environmental restoration at Lake Tahoe and 
     established the Federal Interagency Partnership and Federal 
     Advisory Committee to consult on natural resources issues 
     concerning the Lake Tahoe basin;
       (12) the States of California and Nevada have contributed 
     proportionally to the effort to protect and restore Lake 
     Tahoe, including--
       (A) expenditures--
       (i) exceeding $200,000,000 by the State of California since 
     1980 for land acquisition, erosion control, and other 
     environmental projects in the Lake Tahoe basin; and
       (ii) exceeding $30,000,000 by the State of Nevada since 
     1980 for the purposes described in clause (i); and
       (B) the approval of a bond issue by voters in the State of 
     Nevada authorizing the expenditure by the State of an 
     additional $20,000,000; and
       (13) significant additional investment from Federal, State, 
     local, and private sources is needed to stop the damage to 
     Lake Tahoe and its forests, and restore the Lake Tahoe 
     basin to ecological health.
       (b) Purposes.--The purposes of this Act are--
       (1) to enable the Forest Service to plan and implement 
     significant new environmental restoration activities and 
     forest management activities to address the phenomena 
     described in paragraphs (4) through (8) of subsection (a) in 
     the Lake Tahoe basin;
       (2) to ensure that Federal, State, local, regional, tribal, 
     and private entities continue to work together to improve 
     water quality and manage Federal land in the Lake Tahoe Basin 
     Management Unit; and
       (3) to provide funding to local governments for erosion and 
     sediment control projects on non-Federal land if the projects 
     benefit the Federal land.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Environmental threshold carrying capacity.--The term 
     ``environmental threshold carrying capacity'' has the meaning 
     given the term in article II of the Tahoe Regional Planning 
     Compact set forth in the first section of Public Law 96-551 
     (94 Stat. 3235).
       (2) Fire risk reduction activity.--
       (A) In general.--The term ``fire risk reduction activity'' 
     means an activity that is necessary to reduce the risk of 
     wildlife to promote forest management and simultaneously 
     achieve and maintain the environmental threshold carrying 
     capacities established by the Planning Agency in a manner 
     consistent, where applicable, with chapter 71 of the Tahoe 
     Regional Planning Agency Code of Ordinances.
       (B) Included activities.--The term ``fire risk reduction 
     activity'' includes--
       (i) prescribed burning;
       (ii) mechanical treatment;
       (iii) road obliteration or reconstruction; and
       (iv) such other activities consistent with Forest Service 
     practices as the Secretary determines to be appropriate.
       (3) Planning agency.--The term ``Planning Agency'' means 
     the Tahoe Regional Planning Agency established under Public 
     Law 91-148 (83 Stat. 360) and Public Law 96-551 (94 Stat. 
     3233).
       (4) Priority list.--The term ``priority list'' means the 
     environmental restoration priority list developed under 
     section 6.

[[Page S9983]]

       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

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

       (a) In General.--The Lake Tahoe Basin Management Unit shall 
     be administered by the Secretary in accordance with this Act 
     and the laws applicable to the National Forest System.
       (b) Relationship to Other Authority.--
       (1) Private or non-federal land.--Nothing in this Act 
     grants regulatory authority to the Secretary over private or 
     other non-Federal land.
       (2) Planning agency.--Nothing in this Act affects or 
     increases the authority of the Planning Agency.
       (3) Acquisition under other law.--Nothing in this Act 
     affects the authority of the Secretary to acquire land from 
     willing sellers in the Lake Tahoe basin under any other law.

     SEC. 5. CONSULTATION WITH PLANNING AGENCY AND OTHER ENTITIES.

       (a) In General.--With respect to the duties described in 
     subsection (b), the Secretary shall consult with and seek the 
     advice and recommendations of--
       (1) the Planning Agency;
       (2) the Tahoe Federal Interagency Partnership established 
     by Executive Order No. 13057 (62 Fed. Reg. 41249) or a 
     successor Executive order;
       (3) the Lake Tahoe Basin Federal Advisory Committee 
     established by the Secretary on December 15, 1998 (64 Fed. 
     Reg. 2876) (until the committee is terminated);
       (4) Federal representatives and all political subdivisions 
     of the Lake Tahoe Basin Management Unit; and
       (5) the Lake Tahoe Transportation and Water Quality 
     Coalition.
       (b) Duties.--The Secretary shall consult with and seek 
     advice and recommendations from the entities described in 
     subsection (a) with respect to--
       (1) the administration of the Lake Tahoe Basin Management 
     Unit;
       (2) the development of the priority list;
       (3) the promotion of consistent policies and strategies to 
     address the Lake Tahoe basin's environmental and recreational 
     concerns;
       (4) the coordination of the various programs, projects, and 
     activities relating to the environment and recreation in the 
     Lake Tahoe basin to avoid unnecessary duplication and 
     inefficiencies of Federal, State, local, tribal, and private 
     efforts; and
       (5) the coordination of scientific resources and data, for 
     the purpose of obtaining the best available science as a 
     basis for decisionmaking on an ongoing basis.

     SEC. 6. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a priority 
     list of potential or proposed environmental restoration 
     projects for the Lake Tahoe Basin Management Unit.
       (b) Development of Priority List.--In developing the 
     priority list, the Secretary shall--
       (1) use the best available science, including any relevant 
     findings and recommendations of the watershed assessment 
     conducted by the Forest Service in the Lake Tahoe basin; and
       (2) include, in order of priority, potential or proposed 
     environmental restoration projects in the Lake Tahoe basin 
     that--
       (A) are included in or are consistent with the 
     environmental improvement program adopted by the Planning 
     Agency in February 1998 and amendments to the program;
       (B) would help to achieve and maintain the environmental 
     threshold carrying capacities for--
       (i) air quality;
       (ii) fisheries;
       (iii) noise;
       (iv) recreation;
       (v) scenic resources;
       (vi) soil conservation;
       (vii) forest health;
       (viii) water quality; and
       (ix) wildlife;
       (3) in determining the order of priority of potential and 
     proposed environmental restoration projects under paragraph 
     (2), the focus shall address projects (listed in no 
     particular order) involving--
       (A) erosion and sediment control, including the activities 
     described in section 2(g) of Public Law 96-586 (94 Stat. 
     3381) (as amended by section 7 of this Act);
       (B) the acquisition of environmentally sensitive land from 
     willing sellers under Public Law 96-586 (94 Stat. 3381) or 
     land acquisition under any other Federal law;
       (C) fire risk reduction activities in urban areas and 
     urban-wildland interface areas, including high recreational 
     use areas and urban lots acquired from willing sellers under 
     Public Law 96-586 (94 Stat. 3381);
       (D) cleaning up methyl tertiary butyl ether contamination; 
     and
       (E) the management of vehicular parking and traffic in the 
     Lake Tahoe Basin Management Unit, especially--
       (i) improvement of public access to the Lake Tahoe basin, 
     including the promotion of alternatives to the private 
     automobile;
       (ii) the Highway 28 and 89 corridors and parking problems 
     in the area; and
       (iii) cooperation with local public transportation systems, 
     including--

       (I) the Coordinated Transit System; and
       (II) public transit systems on the north shore of Lake 
     Tahoe.

       (c) Monitoring.--The Secretary shall provide for continuous 
     scientific research on and monitoring of the implementation 
     of projects on the priority list, including the status of the 
     achievement and maintenance of environmental threshold 
     carrying capacities.
       (d) Consistency With Memorandum of Understanding.--A 
     project on the priority list shall be conducted in accordance 
     with the memorandum of understanding signed by the Forest 
     Supervisor and the Planning Agency on November 10, 1989, 
     including any amendments to the memorandum as long as the 
     memorandum remains in effect.
       (e) Review of Priority List.--Periodically, but not less 
     often than every 3 years, the Secretary shall--
       (1) review the priority list;
       (2) consult with--
       (A) the Tahoe Regional Planning Agency;
       (B) interested political subdivisions; and
       (C) the Lake Tahoe Water Quality and Transportation 
     Coalition; and
       (3) make any necessary changes with respect to--
       (A) the findings of scientific research and monitoring in 
     the Lake Tahoe basin;
       (B) any change in an environmental threshold as determined 
     by the Planning Agency;
       (C) any change in general environmental conditions in the 
     Lake Tahoe basin; and
       (D) submit to Congress a report on any changes made.
       (f) Cleanup of Hydrocarbon Contamination.--
       (1) In general.--The Secretary shall, subject to the 
     availability of appropriations, make a payment of $1,000,000 
     to the Tahoe Regional Planning Agency and the South Tahoe 
     Public Utility District to develop and publish a plan, not 
     later than 1 year after the date of enactment of this Act, 
     for the prevention and cleanup of hydrocarbon contamination 
     (including contamination with MTBE) of the surface water and 
     ground water of the Lake Tahoe basin.
       (2) Consultation.--In developing the plan, the Tahoe 
     Regional Planning Agency and the South Tahoe Public Utility 
     District shall consult with the States of California and 
     Nevada and appropriate political subdivisions.
       (3) Willing sellers.--The plan shall not include any 
     acquisition of land or an interest in land except an 
     acquisition from a willing seller.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated, for the implementation of projects on the 
     priority list and the payment identified in subsection (f), 
     $20,000,000 for the first fiscal year that begins after the 
     date of enactment of this Act and for each of the 9 fiscal 
     years thereafter.

     SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.

       Section 2 of Public Law 96-586 (94 Stat. 3381) is amended 
     by striking subsection (g) and inserting the following:
       ``(g) Payments to Localities.--
       ``(1) In general.--The Secretary of Agriculture shall, 
     subject to the availability of appropriations, make annual 
     payments to the governing bodies of each of the political 
     subdivisions (including any public utility the service area 
     of which includes any part of the Lake Tahoe basin), any 
     portion of which is located in the area depicted on the final 
     map filed under section 3(a).
       ``(2) Use of payments.--Payments under this subsection may 
     be used--
       ``(A) first, for erosion control and water quality 
     projects; and
       ``(B) second, unless emergency projects arise, for projects 
     to address other threshold categories after thresholds for 
     water quality and soil conservation have been achieved and 
     maintained.
       ``(3) Eligibility for payments.--
       ``(A) In general.--To be eligible for a payment under this 
     subsection, a political subdivision shall annually submit a 
     priority list of proposed projects to the Secretary of 
     Agriculture.
       ``(B) Components of list.--A priority list under 
     subparagraph (A) shall include, for each proposed project 
     listed--
       ``(i) a description of the need for the project;
       ``(ii) all projected costs and benefits; and
       ``(iii) a detailed budget.
       ``(C) Use of payments.--A payment under this subsection 
     shall be used only to carry out a project or proposed project 
     that is part of the environmental improvement program adopted 
     by the Tahoe Regional Planning Agency in February 1998 and 
     amendments to the program.
       ``(D) Federal obligation.--All projects funded under this 
     subsection shall be part of Federal obligation under the 
     enviromental improvment program.
       ``(4) Division of funds.--
       ``(A) In general.--The total amounts appropriated for 
     payments under this subsection shall be allocated by the 
     Secretary of Agriculture based on the relative need for and 
     merits of projects proposed for payment under this section.
       ``(B) Minimum.--To the maximum extent practicable, for each 
     fiscal year, the Secretary of Agriculture shall ensure that 
     each political subdivision in the Lake Tahoe basin receives 
     amounts appropriated for payments under this subsection.
       ``(5) Authorization of appropriations.--In addition to the 
     amounts authorized to be appropriated to carry out section 6 
     of the Lake Tahoe Restoration Act, there is authorized to be 
     appropriated for making payments under this subsection 
     $10,000,000 for the first fiscal year that begins after the 
     date of enactment of this paragraph and for each of the 9 
     fiscal years thereafter.''.

     SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

       (a) In General.--In conducting fire risk reduction 
     activities in the Lake Tahoe basin, the Secretary shall, as 
     appropriate, coordinate with State and local agencies and 
     organizations, including local fire departments and volunteer 
     groups.
       (b) Ground Disturbance.--The Secretary shall, to the 
     maximum extent practicable, minimize any ground disturbances 
     caused by fire risk reduction activities.

[[Page S9984]]

     SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

       (a) In General.--Funds authorized under this Act and the 
     amendment made by this Act--
       (1) shall be in addition to any other amounts available to 
     the Secretary for expenditure in the Lake Tahoe basin; and
       (2) shall not reduce allocations for other Regions of the 
     Forest Service.
       (b) Matching Requirement.--Except as provided in subsection 
     (c), funds for activities under section 6 and section 7 of 
     this Act shall be available for obligation on a 1-to-1 basis 
     with funding of restoration activities in the Lake Tahoe 
     basin by the States of California and Nevada.
       (c) Relocation Costs.--The Secretary shall provide \2/3\ of 
     necessary funding to local utility districts for the costs of 
     relocating facilities in connection with environmental 
     restoration projects under section 6 and erosion control 
     projects under section 2 of Public Law 96-586.

     SEC. 10. AMENDMENT OF PUBLIC LAW 96-586.

       Section 3(a) of Public Law 96-586 (94 Stat. 3383) is 
     amended by adding at the end the following:
       ``(5) Willing sellers.--Land within the Lake Tahoe Basin 
     Management Unit subject to acquisition under this section 
     that is owned by a private person shall be acquired only from 
     a willing seller.''.

     SEC. 11. RELATIONSHIP TO OTHER LAWS.

       Nothing in this Act exempts the Secretary from the duty to 
     comply with any applicable Federal law.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1925), as amended, was read the third time and passed.

                          ____________________