[Congressional Record Volume 146, Number 133 (Monday, October 23, 2000)]
[House]
[Pages H10515-H10517]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LAKE TAHOE RESTORATION ACT
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3388) to promote environmental restoration around the Lake
Tahoe basin, as amended.
The Clerk read as follows:
H.R. 3388
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Tahoe Restoration
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) Lake Tahoe, one of the largest, deepest, and clearest
lakes in the world, has a cobalt blue color, a unique alpine
setting, and remarkable water clarity, and is recognized
nationally and worldwide as a natural resource of special
significance;
(2) in addition to being a scenic and ecological treasure,
Lake Tahoe is one of the outstanding recreational resources
of the United States, offering skiing, water sports, biking,
camping, and hiking to millions of visitors each year, and
contributing significantly to the economies of California,
Nevada, and the United States;
(3) the economy in the Lake Tahoe basin is dependent on the
protection and restoration of the natural beauty and
recreation opportunities in the area;
(4) Lake Tahoe is in the midst of an environmental crisis;
the Lake's water clarity has declined from a visibility level
of 105 feet in 1967 to only 70 feet in 1999, and scientific
estimates indicate that if the water quality at the Lake
continues to degrade, Lake Tahoe will lose its famous clarity
in only 30 years;
(5) sediment and algae-nourishing phosphorous and nitrogen
continue to flow into the Lake from a variety of sources,
including land erosion, fertilizers, air pollution, urban
runoff, highway drainage, streamside erosion, land
disturbance, and ground water flow;
(6) methyl tertiary butyl ether--
(A) has contaminated and closed more than \1/3\ of the
wells in South Tahoe; and
(B) is advancing on the Lake at a rate of approximately 9
feet per day;
(7) destruction of wetlands, wet meadows, and stream zone
habitat has compromised the Lake's ability to cleanse itself
of pollutants;
(8) approximately 40 percent of the trees in the Lake Tahoe
basin are either dead or dying, and the increased quantity of
combustible forest fuels has significantly increased the risk
of catastrophic forest fire in the Lake Tahoe basin;
(9) as the largest land manager in the Lake Tahoe basin,
with 77 percent of the land, the Federal Government has a
unique responsibility for restoring environmental health to
Lake Tahoe;
(10) the Federal Government has a long history of
environmental preservation at Lake Tahoe, including--
(A) congressional consent to the establishment of the Tahoe
Regional Planning Agency in 1969 (Public Law 91-148; 83 Stat.
360) and in 1980 (Public Law 96-551; 94 Stat. 3233);
(B) the establishment of the Lake Tahoe Basin Management
Unit in 1973; and
(C) the enactment of Public Law 96-586 (94 Stat. 3381) in
1980 to provide for the acquisition of environmentally
sensitive land and erosion control grants;
(11) 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.
(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--
[[Page H10516]]
(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.
(c) Focus in Determining Order of Priority.--In determining
the order of priority of potential and proposed environmental
restoration projects under subsection (b)(2), the focus shall
address projects (listed in no particular order) involving--
(1) 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);
(2) the acquisition of environmentally sensitive land from
willing sellers--
(A) using funds appropriated from the land and water
conservation fund established under section 2 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5); or
(B) under the authority of Public Law 96-586 (94 Stat.
3381);
(3) 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
the authority of Public Law 96-586 (94 Stat. 3381);
(4) cleaning up methyl tertiary butyl ether contamination;
and
(5) the management of vehicular parking and traffic in the
Lake Tahoe Basin Management Unit, especially--
(A) improvement of public access to the Lake Tahoe basin,
including the promotion of alternatives to the private
automobile;
(B) the Highway 28 and 89 corridors and parking problems in
the area; and
(C) cooperation with local public transportation systems,
including--
(i) the Coordinated Transit System; and
(ii) public transit systems on the north shore of Lake
Tahoe.
(d) 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.
(e) 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.
(f) 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;
(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; and
(C) any change in general environmental conditions in the
Lake Tahoe basin; and
(4) submit to Congress a report on any changes made.
(g) 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.
(h) Authorization of Appropriations.--There is authorized
to be appropriated, for the implementation of projects on the
priority list and the payment identified in subsection (g),
$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.
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 SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentleman from California (Mr. George
Miller) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 3388.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
[[Page H10517]]
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 3388, the Lake Tahoe Restoration Act, was
introduced by my colleague, the gentleman from California (Mr.
Doolittle). This bill authorizes $30 million per year for 10 years to
be used for a variety of activities relating to protecting and
restoring the water quality of Lake Tahoe. Such projects may include
erosion control projects, hazardous fuel treatments, cleanup of
groundwater contamination, traffic management, and acquisition of
environmental sensitive lands. All projects will involve partnerships
with appropriate State and local officials. The Forest Service supports
this bill, with the understanding that funds for these projects must be
new appropriations and will not come from existing Forest Service
funding.
The bill, as amended, ensures that any land acquisition under this
bill will be funded only by the Land and Water Conservation Fund or the
Santini-Burton Act.
I urge support for the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, Lake Tahoe is owned jointly by the State of California
and the State of Nevada and is one of the largest, deepest, clearest
lakes in the world. Yet the lake is experiencing an environmental
crisis. Water clarity has declined from a visibility level of 105 feet
in 1967 to 70 feet in 1999. Scientists believe damage to Tahoe's
clarity could be irreversible within a decade.
Approximately 30 to 40 percent of the trees in the Lake Tahoe Basin
are dead or dying and pose a risk to catastrophic fire. Thirty percent
of the South Lake Tahoe water supply has been contaminated by MTBE, a
gasoline additive. A number of factors have contributed to the basin's
and lake's deterioration, among them land disturbance, erosion, air
pollution, fertilizers, runoff, and boating activity.
Following a Presidential forum, the Tahoe Regional Planning Agency
estimated that it will cost $900 million over the next 10 years to
restore the lake. Since 1980, Nevada and California contributions to
the effort have exceeded $230 million. In 1997, Nevada authorized a
bond issuance of $82 million over a 10-year period. California has
appropriated $60 million of a $275 million commitment. In addition, a
coalition of 18 businesses and environmental groups have also pledged
to raise $300 million.
H.R. 3388 would authorize $300 million, a third of the total cost on
a matching basis over 10 years for environmental restoration projects
at Lake Tahoe. The bill requires the Secretary of Agriculture to
develop a priority list of projects to address air quality, fisheries,
noise, recreation, scenic resources, soil conservation, forest health,
water quality, and wildlife. The bill would require that the Secretary
give priority to projects involving erosion and sediment control,
acquisition of environmentally sensitive land, fire risk reduction in
urban areas and urban-wildland interface, MTBE cleanup, and management
of parking and traffic.
This is a very healthy and ambitious agenda. These projects would
account for $200 million. Another million dollars will be granted to
the Tahoe Regional Planning Authority and local utility districts to
address well and water contamination.
Finally, the bill would authorize $1 million to local authorities for
erosion control activities, water quality, and soil conservation
projects on non-Federal land. Much of this activity requires extensive
consultation with State, regional, and local authorities.
I note that the bill is virtually identical to the one of Senator
Feinstein's passed in the Senate on October 5. There is no reason why
we should not be taking up that bill and sending it to the President.
Although I do not support the limited acquisition authority in the
bill, I support this legislation; and I urge my colleagues to do the
same.
I also want to say that I think that certainly the local governments
and the private business community should be commended for the efforts
that they are undertaking to dramatically alter the activities, many of
which I think will, in fact, be enhanced when they are completed, but
will provide for better transportation, for less contamination of the
lake, for greater setbacks and protections of the lake, which is one of
the great, great natural assets of our two States and one in which the
people of both Nevada and California have a great deal of pride in.
I would urge my colleagues to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank the gentleman from California (Mr.
Doolittle) whose district includes that portion of Lake Tahoe. It was
his vision, hard work, and leadership on this issue that is going to
reward us with a preservation of the water quality of Lake Tahoe. I
want to thank him for his efforts in this regard.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and pass the bill, H.R. 3388, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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