[Congressional Record Volume 157, Number 30 (Wednesday, March 2, 2011)]
[Senate]
[Pages S1121-S1128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Reid, Mrs. Boxer, and Mr. 
        Ensign):
  S. 432. A bill to provide for environmental restoration activities 
and forest management activities in the Lake Tahoe Basin, and for other 
purposes; to the Committee on Environment and Public Works.
  Mrs. FEINSTEIN. Mr. President, I rise today to discuss the need to 
restore and protect Lake Tahoe. Lake Tahoe is a national treasure. Her 
alpine beauty has drawn and inspired people for centuries: artists and 
poets, John Muir and Mark Twain, and millions of visitors from around 
the world.
  As a girl, I went to Lake Tahoe to ride horses through the woods, 
bike around the magnificent Basin and swim in the clear blue waters.
  Today, I am proud to work with representatives from different ends of 
the political spectrum to restore Lake Tahoe to that pristine State. 
For 14 years, we have come together to Keep Tahoe Blue.
  That is why today I am reintroducing the Lake Tahoe Restoration Act 
of 2011, which is cosponsored by Senators Harry Reid, John Ensign and 
Barbara Boxer.
  It would authorize $415 million over 10 years to improve water 
clarity, reduce risk of catastrophic wildfire, and restore the 
environment.
  Specifically, it would provide $248 million over 10 years for the 
highest priority restoration projects, as established using scientific 
data. The legislation authorizes at least $72 million for stormwater 
management and watershed restoration projects scientifically determined 
to be the most effective ways to improve water clarity.
  This bill also requires prioritized ranking of environmental 
restoration projects and authorizes $136 million for State and local 
agencies to implement these projects.

[[Page S1122]]

  Now, and this is an important point, this legislation would direct 
investment to where it is needed most.
  For example, today we know the major sources of stormwater runoff 
that send sedimentation into the lake, degrading water clarity.
  So the monies would go to specific projects addressing California 
state roads, source of 23 percent of urban particle loads; the city of 
South Lake Tahoe, Calif., 22 percent; Washoe County, Nevada, 17 
percent; and so forth.
  In this bill, these stormwater projects are targeted to the areas of 
greatest concern. Priority projects will improve water quality, forest 
health, air quality and fish and wildlife habitat around Lake Tahoe. In 
addition, projects that benefit low-income neighborhoods are 
encouraged.
  The bill authorizes $136 million over 10 years to reduce the threat 
of wildfire around Lake Tahoe. This would finance hazardous fuels 
reduction projects, at $17 million per year, including grants to local 
fire agencies.
  It provides the Forest Service up to $10 million for fuels projects 
that have multiple environmental benefits, with an emphasis in 
restoring Stream Environment Zones.
  This is critical because, again, these streams feed into the lake and 
form a critical link in the ecosystem. We need to pay attention to 
these stream zones if we hope to restore water clarity.
  The bill protects Lake Tahoe from the threat of quagga mussels and 
other invasive aquatic species. Quagga mussels pose a very serious 
threat to Lake Tahoe, a threat made more intractable because these 
mussels have been shown to survive in cold waters. A few years ago 
University of California scientists reported that they found up to 
3,000 Asian clams per square meter at spots between Zephyr Point and 
Elk Point in Lake Tahoe. The spreading Asian clam population could put 
sharp shells and rotting algae on the Lake's beaches and contribute to 
the spread other invasive species such as quagga mussels.
  The bill would authorize $20.5 million for watercraft inspections and 
removal of existing invasive species. It would require all watercraft 
to be inspected and decontaminated.
  One quagga or zebra mussel can lay 1 million eggs in a year. This 
means that a single boat carrying quagga could devastate the lake's 
biology, local infrastructure, and the local economy.
  The damage that could be inflicted at Lake Tahoe by a quagga 
infestation has been estimated at tens of millions of dollars annually. 
The threat to Lake Tahoe cannot be overstated. There were no quagga 
mussels in Lake Mead 4 years ago. Today there are more than 3 trillion. 
The infestation is probably irreversible.
  But there is some good news. Last summer, scientists placed long 
rubber mats across the bottom of Lake Tahoe to cut off the oxygen to 
the Asian clams. Early research suggests these mats were very effective 
at killing the clams. And scientists have also discovered how to 
decontaminate boats and kill quagga mussels.
  We can fight off these invaders. But it will require drive and 
imagination--and the help authorized within this bill.
  The bill supports reintroduction of the Lahontan Cutthroat Trout. The 
legislation authorizes $20 million over 10 years for the Lahontan 
Cutthroat Trout Recovery Plan. The Lahontan Cutthroat Trout is an 
iconic species that has an important legacy in Lake Tahoe.
  When John C. Fremont first explored the Truckee River in January of 
1844, he called it the Salmon Trout River because he found the Pyramid 
Lake Lahontan Cutthroat Trout. The trout relied on the Truckee River 
and its tributaries for their spawning runs in spring, traveling up the 
entire river's length as far as Lake Tahoe and Donner Lake, where they 
used the cool, pristine waters and clean gravel beds to lay their eggs. 
But dams, pollution and overfishing caused the demise of the Lahontan 
Cutthroat Trout.
  Lake Tahoe is one of 11 historic lakes where Lahontan Cutthroat Trout 
flourished in the past, and it's a critical part of the strategy to 
recover the species.
  The bills funds scientific research. The legislation authorizes $30 
million over 10 years for scientific programs and research which will 
produce information on long-term trends in the Basin and inform the 
most cost-effective projects.
  The bill prohibiting mining operations in the Tahoe Basin. The 
legislation would prohibit new mining operations in the Basin, ensuring 
that the fragile watershed, and Lake Tahoe's water clarity, are not 
threatened by pollution from mining operations.
  The bill increases accountability and oversight. Every project funded 
by this legislation will have monitoring and assessment to determine 
the most cost-effective projects and best management practices for 
future projects.
  The legislation also requires the Chair of the Federal Partnership to 
work with the Forest Service, Environmental Protection Agency, Fish and 
Wildlife Service and regional and state agencies, to prepare an annual 
report to Congress detailing the status of all projects undertaken, 
including project scope, budget and justification and overall 
expenditures and accomplishments.
  This will ensure that Congress can have oversight on the progress of 
environmental restoration in Lake Tahoe.
  The bill provides for public outreach and education. The Forest 
Service, Environmental Protection Agency, Fish and Wildlife Service and 
Tahoe Regional Planning Agency will implement new public outreach and 
education programs including: encouraging Basin residents and visitors 
to implement defensible space, conducting best management practices for 
water quality, and preventing the introduction and proliferation of 
invasive species.
  In addition, the legislation requires signage on federally financed 
projects to improve public awareness of restoration efforts.
  The bill allows for increased efficiency in the management of public 
land. Under this legislation, the Forest Service would have increased 
flexibility to exchange land with state agencies which will allow for 
more cost-efficient management of public land. There is currently a 
checkerboard pattern of ownership in some areas of the Basin.
  Under this new authority, the Forest Service could exchange land with 
the California Tahoe Conservancy of approximately equal value without 
going through a lengthy process to assess the land.
  For example, if there are several plots of Forest Service land that 
surround or are adjacent to Tahoe Conservancy land, the Tahoe 
Conservancy could transfer that land to the Forest Service so that it 
can be managed more efficiently.
  This legislation is needed because the ``Jewel of the Sierra'' is in 
big trouble. If we don't act now, we could lose Lake Tahoe--and lose it 
with stunning speed--as climate change increases in severity.
  The effects of climate change on Lake Tahoe are already visible. It 
is making the basin dry and tinder-hot, increasing the risks of 
catastrophic wildfire. Daily air temperatures have increased 4 degrees 
since 1911. Snowfall has declined from an average of 52 percent of 
overall precipitation in 1910 to just 34 percent in recent years.
  Climate change has raised Lake Tahoe's water temperature 1.5 degrees 
in 38 years. That means the cyclical deep-water mixing of the lake's 
waters will occur less frequently, and this could significantly disrupt 
Lake Tahoe's ecosystem.
  Anyone doubting that climate change poses a considerable threat to 
Lake Tahoe should read an alarming recent report by the UC Davis Tahoe 
Environmental Research Center.
  It was written for the U.S. Forest Service by scientists who have 
devoted their professional careers to studying Lake Tahoe. And it 
paints a distinctly bleak picture of the future for the ``Jewel of the 
Sierra.''
  Among its findings: The Tahoe Basin's regional snowpack could decline 
by as much as 60 percent in the next century, with increased floods 
likely by 2050 and prolonged droughts by 2100.
  Even ``under the most optimistic projections,'' average snowpack in 
the Sierra Nevada around Tahoe will decline by 40 to 60 percent by 
2100, according to the report.
  This would bankrupt Tahoe's ski industry, threaten the water supply 
of Reno and other communities, and degrade the lake's fabled water 
clarity. It would be devastating.

[[Page S1123]]

  Pollution and sedimentation have threatened Lake Tahoe's water 
clarity for years. In 1968, the first year UC Davis scientists measured 
clarity, the lake had an average depth of 102.4 feet. Clarity declined 
over the next 3 decades, hitting a low of 64 feet in 1997.
  There has been some improvement this decade. This year scientists 
recorded average clarity at 69.6 feet--roughly within the range of the 
past eight years. But it is a fragile gain.
  The University of California Davis report has determined that an all-
out attack on pollution and sedimentation is the lake's last hope.
  Geoff Schladow, director of the UC Davis Tahoe Environmental Research 
Center and one of the report's authors, has highlighted the need to 
restore short-term water quality in Lake Tahoe--while there's still 
time to do it.
  According to the report, ``reducing the load of external nutrients 
entering the lake in the coming decades may be the only possible 
mitigation measure to reduce the impact of climate change on lake 
clarity.'' In other words, the sediment and runoff entering the lake 
could fuel algal growth, creating a downward spiral in water quality 
and clarity.
  The Lake Tahoe Restoration Act of 2011 would directly fund efforts to 
address water clarity issues and impacts from climate change.
  Last year, the Lake Tahoe Restoration Act of 2010 passed the Senate 
Environment and Public Works Committee unanimously, but there was not 
enough time for a floor vote. It is my hope that this legislation can 
be passed early in the legislative session.
  A lot of good work has been done. But there's a lot more work to do, 
and time is running out.
  Mark Twain called Lake Tahoe ``the fairest picture the whole world 
affords.'' We must not be the generation who lets this picture fall 
into ruin. We must rise to the challenge, and do all we can to preserve 
this ``noble sheet of water.''
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 432

       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 2011''.

     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 1 of the largest, deepest, and clearest lakes in 
     the world;
       ``(B) has a cobalt blue color, a biologically diverse 
     alpine setting, and remarkable water clarity; and
       ``(C) is recognized nationally and worldwide as a natural 
     resource of special significance;
       ``(2) in addition to being a scenic and ecological 
     treasure, the Lake Tahoe Basin is 1 of the outstanding 
     recreational resources of the United States, which--
       ``(A) offers skiing, water sports, biking, camping, and 
     hiking to millions of visitors each year; and
       ``(B) contributes significantly to the economies of 
     California, Nevada, and the United States;
       ``(3) the economy in the Lake Tahoe Basin is dependent on 
     the protection and restoration of the natural beauty and 
     recreation opportunities in the area;
       ``(4) the Lake Tahoe Basin continues to be threatened by 
     the impacts of land use and transportation patterns developed 
     in the last century that damage the fragile watershed of the 
     Basin;
       ``(5) the water clarity of Lake Tahoe declined from a 
     visibility level of 105 feet in 1967 to only 70 feet in 2008;
       ``(6) the rate of decline in water clarity of Lake Tahoe 
     has decreased in recent years;
       ``(7) a stable water clarity level for Lake Tahoe could be 
     achieved through feasible control measures for very fine 
     sediment particles and nutrients;
       ``(8) fine sediments that cloud Lake Tahoe, and key 
     nutrients such as phosphorus and nitrogen that support the 
     growth of algae and invasive plants, continue to flow into 
     the lake from stormwater runoff from developed areas, roads, 
     turf, other disturbed land, and streams;
       ``(9) the destruction and alteration of wetland, wet 
     meadows, and stream zone habitat have compromised the natural 
     capacity of the watershed to filter sediment, nutrients, and 
     pollutants before reaching Lake Tahoe;
       ``(10) approximately 25 percent of the trees in the Lake 
     Tahoe Basin are either dead or dying;
       ``(11) forests in the Tahoe Basin suffer from over a 
     century of fire suppression and periodic drought, which have 
     resulted in--
       ``(A) high tree density and mortality;
       ``(B) the loss of biological diversity; and
       ``(C) a large quantity of combustible forest fuels, which 
     significantly increases the threat of catastrophic fire and 
     insect infestation;
       ``(12) the establishment of several aquatic and terrestrial 
     invasive species (including bass, milfoil, and Asian clam) 
     threatens the ecosystem of the Lake Tahoe Basin;
       ``(13) there is an ongoing threat to the Lake Tahoe Basin 
     of the introduction and establishment of other invasive 
     species (such as the zebra mussel, New Zealand mud snail, and 
     quagga mussel);
       ``(14) the report prepared by the University of California, 
     Davis, entitled the `State of the Lake Report', found that 
     conditions in the Lake Tahoe Basin had changed, including--
       ``(A) the average surface water temperature of Lake Tahoe 
     has risen by more than 1.5 degrees Fahrenheit in the past 37 
     years; and
       ``(B) since 1910, the percent of precipitation that has 
     fallen as snow in the Lake Tahoe Basin decreased from 52 
     percent to 34 percent;
       ``(15) 75 percent of the land in the Lake Tahoe Basin is 
     owned by the Federal Government, which makes it a Federal 
     responsibility to restore environmental health to the Basin;
       ``(16) the Federal Government has a long history of 
     environmental preservation at Lake Tahoe, including--
       ``(A) congressional consent to the establishment of the 
     Tahoe Regional Planning Agency with--
       ``(i) the enactment in 1969 of Public Law 91-148 (83 Stat. 
     360); and
       ``(ii) the enactment in 1980 of Public Law 96-551 (94 Stat. 
     3233);
       ``(B) the establishment of the Lake Tahoe Basin Management 
     Unit in 1973;
       ``(C) the enactment of Public Law 96-586 (94 Stat. 3381) in 
     1980 to provide for the acquisition of environmentally 
     sensitive land and erosion control grants in the Lake Tahoe 
     Basin;
       ``(D) the enactment of sections 341 and 342 of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 2004 (Public Law 108-108; 117 Stat. 
     1317), which amended the Southern Nevada Public Land 
     Management Act of 1998 (Public Law 105-263; 112 Stat. 2346) 
     to provide payments for the environmental restoration 
     projects under this Act; and
       ``(E) the enactment of section 382 of the Tax Relief and 
     Health Care Act of 2006 (Public Law 109-432; 120 Stat. 3045), 
     which amended the Southern Nevada Public Land Management Act 
     of 1998 (Public Law 105-263; 112 Stat. 2346) to authorize 
     development and implementation of a comprehensive 10-year 
     hazardous fuels and fire prevention plan for the Lake Tahoe 
     Basin;
       ``(17) the Assistant Secretary of the Army for Civil Works 
     was an original signatory in 1997 to the Agreement of Federal 
     Departments on Protection of the Environment and Economic 
     Health of the Lake Tahoe Basin;
       ``(18) the Chief of Engineers, under direction from the 
     Assistant Secretary of the Army for Civil Works, has 
     continued to be a significant contributor to Lake Tahoe Basin 
     restoration, including--
       ``(A) stream and wetland restoration;
       ``(B) urban stormwater conveyance and treatment; and
       ``(C) programmatic technical assistance;
       ``(19) at the Lake Tahoe Presidential Forum in 1997, the 
     President renewed the commitment of the Federal Government to 
     Lake Tahoe by--
       ``(A) committing to increased Federal resources for 
     environmental restoration at Lake Tahoe; and
       ``(B) establishing the Federal Interagency Partnership and 
     Federal Advisory Committee to consult on natural resources 
     issues concerning the Lake Tahoe Basin;
       ``(20) at the 2008 and 2009 Lake Tahoe Forums, Senator 
     Reid, Senator Feinstein, Senator Ensign, and Governor 
     Gibbons--
       ``(A) renewed their commitment to Lake Tahoe; and
       ``(B) expressed their desire to fund the Federal share of 
     the Environmental Improvement Program through 2018;
       ``(21) since 1997, the Federal Government, the States of 
     California and Nevada, units of local government, and the 
     private sector have contributed more than $1,430,000,000 to 
     the Lake Tahoe Basin, including--
       ``(A) $424,000,000 from the Federal Government;
       ``(B) $612,000,000 from the State of California;
       ``(C) $87,000,000 from the State of Nevada;
       ``(D) $59,000,000 from units of local government; and
       ``(E) $249,000,000 from private interests;
       ``(22) significant additional investment from Federal, 
     State, local, and private sources is necessary--
       ``(A) to restore and sustain the environmental health of 
     the Lake Tahoe Basin;
       ``(B) to adapt to the impacts of changing climatic 
     conditions; and
       ``(C) to protect the Lake Tahoe Basin from the introduction 
     and establishment of invasive species; and
       ``(23) the Secretary has indicated that the Lake Tahoe 
     Basin Management Unit has the capacity for at least 
     $10,000,000 and up to

[[Page S1124]]

     $20,000,000 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 of the Environmental Protection Agency, in 
     cooperation with the Planning Agency and the States of 
     California and Nevada, to fund, plan, and implement 
     significant new environmental restoration activities and 
     forest management activities to address in the Lake Tahoe 
     Basin the issues described in paragraphs (4) through (14) of 
     subsection (a);
       ``(2) to ensure that Federal, State, local, regional, 
     tribal, and private entities continue to work together to 
     manage land in the Lake Tahoe Basin and to coordinate on 
     other activities in a manner that supports achievement and 
     maintenance of--
       ``(A) the environmental threshold carrying capacities for 
     the region; and
       ``(B) other applicable environmental standards and 
     objectives;
       ``(3) to support local governments in efforts related to 
     environmental restoration, stormwater pollution control, fire 
     risk reduction, and forest management activities; and
       ``(4) to ensure that agency and science community 
     representatives in the Lake Tahoe Basin work together--
       ``(A) to develop and implement a plan for integrated 
     monitoring, assessment, and applied research to evaluate the 
     effectiveness of the Environmental Improvement Program; and
       ``(B) to provide objective information as a basis for 
     ongoing decisionmaking, with an emphasis on decisionmaking 
     relating to public and private land use and resource 
     management in the Basin.''.

     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) Director.--The term `Director' means the Director of 
     the United States Fish and Wildlife Service.
       ``(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 13957 (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) road decommissioning or reconstruction;
       ``(D) stream environment zone restoration and other 
     watershed and wildlife habitat enhancements;
       ``(E) nonnative invasive species management; and
       ``(F) other activities consistent with Forest Service 
     practices, as the Secretary determines to be appropriate.
       ``(10) National wildland fire 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).
       ``(11) 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).
       ``(12) Priority list.--The term `Priority List' means the 
     environmental restoration priority list developed under 
     section 8.
       ``(13) Secretary.--The term `Secretary' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       ``(14) 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)).
       ``(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) Watercraft.--The term `watercraft' means motorized 
     and non-motorized watercraft, including boats, personal 
     watercraft, kayaks, and canoes.''.

     SEC. 4. 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) Transit.--
       ``(1) In general.--The Lake Tahoe Basin Management Unit 
     shall, consistent with the regional transportation plan 
     adopted by the Planning Agency, manage vehicular parking and 
     traffic in the Lake Tahoe Basin Management Unit, with 
     priority given--
       ``(A) to improving public access to the Lake Tahoe Basin, 
     including the prioritization of alternatives to the private 
     automobile, consistent with the requirements of the Compact;
       ``(B) to coordinating with the Nevada Department of 
     Transportation, Caltrans, State parks, and other entities 
     along Nevada Highway 28 and California Highway 89; and
       ``(C) to providing support and assistance to local public 
     transit systems in the management and operations of 
     activities under this subsection.
       ``(2) National forest transit program.--Consistent with the 
     support and assistance provided under paragraph (1)(C), the 
     Secretary, in consultation with the Secretary of 
     Transportation, may enter into a contract, cooperative 
     agreement, interagency agreement, or other agreement with the 
     Department of Transportation to secure operating and capital 
     funds from the National Forest Transit Program.
       ``(d) Forest Management Activities.--
       ``(1) 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 or restoring biological diversity;
       ``(III) improving wetland and water quality, including in 
     Stream Environment Zones; and
       ``(IV) increasing resilience to changing climatic 
     conditions; and

       ``(ii) helps achieve and maintain the environmental 
     threshold carrying capacities established by the Planning 
     Agency.
       ``(B) Exception.--Notwithstanding clause (A)(i), the 
     attainment of multiple ecosystem benefits shall not be 
     required if the Secretary determines that management for 
     multiple ecosystem benefits would excessively increase the 
     cost of a project in relation to the additional ecosystem 
     benefits gained from the management activity.
       ``(3) 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-project ground condition criteria for 
     ground disturbance caused by forest management activities; 
     and
       ``(B) provide for monitoring to ascertain the attainment of 
     the post-project conditions.
       ``(e) Withdrawal of Federal Land.--
       ``(1) In general.--Subject to valid existing rights and 
     paragraphs (2) and (3), 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) Determination.--
       ``(A) In general.--The withdrawal under paragraph (1) shall 
     be in effect until the date on which the Secretary, after 
     conducting a review of all Federal land in the Lake Tahoe 
     Basin Management Unit and receiving public input, has made a 
     determination on which parcels of Federal land should remain 
     withdrawn.
       ``(B) Requirements.--The determination of the Secretary 
     under subparagraph (A)--
       ``(i) shall be effective beginning on the date on which the 
     determination is issued;
       ``(ii) may be altered by the Secretary as the Secretary 
     determines to be necessary; and
       ``(iii) shall not be subject to administrative renewal.
       ``(3) Exceptions.--A land exchange shall be exempt from 
     withdrawal under this subsection if carried out under--
       ``(A) the Lake Tahoe Restoration Act (Public Law 106-506; 
     114 Stat. 2351); or
       ``(B) the Santini-Burton Act (Public Law 96-586; 94 Stat. 
     3381).

[[Page S1125]]

       ``(f) Environmental Threshold Carrying Capacity.--The Lake 
     Tahoe Basin Management Unit shall support the attainment of 
     the environmental threshold carrying capacities.
       ``(g) Cooperative Authorities.--
       ``(1) In general.--During the 4 fiscal years following the 
     date of enactment of the Lake Tahoe Restoration Act of 2011, 
     the Secretary, in conjunction with land adjustment projects 
     or programs, may enter into contracts and cooperative 
     agreements with States, units of local government, and other 
     public and private entities to provide for fuel reduction, 
     erosion control, reforestation, Stream Environment Zone 
     restoration, and similar management activities on Federal 
     land and non-Federal land within the projects or programs.
       ``(2) Report on land status.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of the Lake Tahoe Restoration Act of 2011, the 
     Secretary shall submit to Congress a report regarding the 
     management of land in the Lake Tahoe Basin Management Unit 
     Urban Lots Program, including--
       ``(i) a description of future plans and recent actions for 
     land consolidation and adjustment; and
       ``(ii) the identification of any obstacles to desired 
     conveyances or interchanges.
       ``(B) Inclusions.--The report submitted under subparagraph 
     (A) may contain recommendations for additional legislative 
     authority.
       ``(C) Effect.--Nothing in this paragraph delays the 
     conveyance of parcels under--
       ``(i) the authority of this Act; or
       ``(ii) any other authority available to the Secretary.
       ``(3) Supplemental authority.--The authority of this 
     subsection is supplemental to all other cooperative 
     authorities of the Secretary.''.

     SEC. 5. CONSULTATION.

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

     ``SEC. 5. CONSULTATION.

       ``In carrying out this Act, the Secretary, the 
     Administrator, and the Director shall, as appropriate and in 
     a timely manner, consult with the heads of the Washoe Tribe, 
     applicable Federal, State, regional, and local governmental 
     agencies, and the Lake Tahoe Federal Advisory Committee.''.

     SEC. 6. AUTHORIZED PROJECTS.

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

     ``SEC. 6. AUTHORIZED PROJECTS.

       ``(a) In General.--The Secretary, the Director, 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 project or program described in 
     subsection (c) or included in the Priority List under section 
     8 to further the purposes of the Environmental Improvement 
     Program if the project has been subject to environmental 
     review and approval, respectively, as required under Federal 
     law, article 7 of the Compact, and State law, as applicable. 
     The Administrator shall use no more than 3 percent of the 
     funds provided for administering the projects or programs 
     described in subsection (c) (1) and (2).
       ``(b) Monitoring and Assessment.--All projects authorized 
     under subsection (c) and section 8 shall--
       ``(1) include funds for monitoring and assessment of the 
     results and effectiveness at the project and program level 
     consistent with the program developed under section 11; and
       ``(2) use the integrated multiagency performance measures 
     established under that section.
       ``(c) Description of Activities.--
       ``(1) Stormwater management, erosion control, and total 
     maximum daily load implementation.--Of the amounts made 
     available under section 18(a), $40,000,000 shall be made 
     available for grants by the Administrator for the Federal 
     share of the following projects:
       ``(A) Bijou Stormwater Improvement Project in the City of 
     South Lake Tahoe, California.
       ``(B) Christmas Valley Stormwater Improvement Project in El 
     Dorado County, California.
       ``(C) Kings Beach Watershed Improvement Project in Placer 
     County, California.
       ``(D) Lake Forest Stormwater and Watershed Improvement 
     Project in Placer County, California.
       ``(E) Crystal Bay Stormwater Improvement Project in Washoe 
     County, Nevada.
       ``(F) Washoe County Stormwater Improvement Projects 4, 5, 
     and 6 in Washoe County, Nevada.
       ``(G) Upper and Lower Kingsbury Project in Douglas County, 
     Nevada.
       ``(H) Lake Village Drive-Phase II Stormwater Improvement in 
     Douglas County, Nevada.
       ``(I) State Route 28 Spooner to Sand Harbor Stormwater 
     Improvement, Washoe County, Nevada.
       ``(J) State Route 431 Stormwater Improvement, Washoe 
     County, Nevada.
       ``(2) Stream environment zone and watershed restoration.--
     Of the amounts made available under section 18(a), 
     $32,000,000 shall be made available for grants by the 
     Administrator for the Federal share of the following 
     projects:
       ``(A) Upper Truckee River and Marsh Restoration Project.
       ``(B) Upper Truckee River Mosher, Reaches 1 & 2.
       ``(C) Upper Truckee River Sunset Stables.
       ``(D) Lower Blackwood Creek Restoration Project.
       ``(E) Ward Creek.
       ``(F) Third Creek/Incline Creek Watershed Restoration.
       ``(G) Rosewood Creek Restoration Project.
       ``(3) Fire risk reduction and forest management.--
       ``(A) In general.--Of the amounts made available under 
     section 18(a), $136,000,000 shall be made available for 
     assistance by the Secretary for the following projects:
       ``(i) Projects identified as part of the Lake Tahoe Basin 
     Multi-Jurisdictional Fuel Reduction and Wildfire Prevention 
     Strategy 10-Year Plan.
       ``(ii) Competitive grants for fuels work to be awarded by 
     the Secretary to communities that have adopted national 
     wildland fire codes to implement the applicable portion of 
     the 10-year plan described in clause (i).
       ``(iii) Biomass projects, including feasibility assessments 
     and transportation of materials.
       ``(iv) Angora Fire Restoration projects under the 
     jurisdiction of the Secretary.
       ``(v) Washoe Tribe projects on tribal lands within the Lake 
     Tahoe Basin.
       ``(B) Multiple benefit fuels projects.--Consistent with the 
     requirements of section 4(d)(2), not more than $10,000,000 of 
     the amounts made available to carry out subparagraph (A) 
     shall be available to the Secretary for the planning and 
     implementation of multiple benefit fuels projects with an 
     emphasis on restoration projects in Stream Environment Zones.
       ``(C) Minimum allocation.--Of the amounts made available to 
     carry out subparagraph (A), at least $80,000,000 shall be 
     made available to the Secretary for projects under 
     subparagraph (A)(i).
       ``(D) 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.
       ``(E) 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 project goals and objectives; and
       ``(bb) document in all requests for Federal funding, and 
     include in the total project budget, evidence of the 
     commitment to provide the non-Federal share through in-kind 
     contributions.
       ``(4) Invasive species management.--Of the amounts to be 
     made available under section 18(a), $20,500,000 shall be made 
     available to the Director for the Aquatic Invasive Species 
     Program and the watercraft inspections described in section 
     9.
       ``(5) Special status species management.--Of the amounts to 
     be made available under section 18(a), $20,000,000 shall be 
     made available to the Director for the Lahontan Cutthroat 
     Trout Recovery Program.
       ``(6) Lake tahoe basin program.--Of the amounts to be made 
     available under section 18(a), $30,000,000 shall be used to 
     develop and implement the Lake Tahoe Basin Program developed 
     under section 11.
       ``(d) Use of Remaining Funds.--Any amounts made available 
     under section 18(a) that remain available after projects 
     described in subsection (c) have been funded shall be made 
     available for projects included in the Priority List under 
     section 8.''.

     SEC. 7. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       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 
     16, 17, and 18, respectively; and
       (3) by inserting after section 7 the following:

     ``SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.

       ``(a) Funding.--Subject to section 6(d), of the amounts to 
     be made available under section 18(a), at least $136,000,000 
     shall be made available for projects identified on the 
     Priority List.
       ``(b) Deadline.--Not later than February 15 of the year 
     after the date of enactment of the Lake Tahoe Restoration Act 
     of 2011, the Chair, in consultation with the Secretary, the 
     Administrator, the Director, the Planning Agency, the States 
     of California and Nevada, the Federal Partnership, the Washoe

[[Page S1126]]

     Tribe, the Lake Tahoe Federal Advisory Committee, and the 
     Tahoe Science Consortium shall submit to Congress a 
     prioritized list of all Environmental Improvement Program 
     projects for the Lake Tahoe Basin, regardless of program 
     category.
       ``(c) Criteria.--
       ``(1) In general.--The priority of projects included in the 
     Priority List shall be based on the best available science 
     and the following criteria:
       ``(A) The 5-year threshold carrying capacity evaluation.
       ``(B) The ability to measure progress or success of the 
     project.
       ``(C) The potential to significantly contribute to the 
     achievement and maintenance of the environmental threshold 
     carrying capacities identified in the Compact for--
       ``(i) air quality;
       ``(ii) fisheries;
       ``(iii) noise;
       ``(iv) recreation;
       ``(v) scenic resources;
       ``(vi) soil conservation;
       ``(vii) forest health;
       ``(viii) water quality; and
       ``(ix) wildlife.
       ``(D) The ability of a project to provide multiple 
     benefits.
       ``(E) The ability of a project to leverage non-Federal 
     contributions.
       ``(F) Stakeholder support for the project.
       ``(G) The justification of Federal interest.
       ``(H) Agency priority.
       ``(I) Agency capacity.
       ``(J) Cost-effectiveness.
       ``(K) Federal funding history.
       ``(2) Secondary factors.--In addition to the criteria under 
     paragraph (1), the Chair shall, as the Chair determines to be 
     appropriate, give preference to projects in the Priority List 
     that benefit existing neighborhoods in the Basin that are at 
     or below regional median income levels, based on the most 
     recent census data available.
       ``(3) Erosion control projects.--For purposes of the 
     Priority List and section 6(c)(1), erosion control projects 
     shall be considered part of the stormwater management and 
     total maximum daily load program of the Environmental 
     Improvement Program. The Administrator shall coordinate with 
     the Secretary on such projects.
       ``(d) Revisions.--
       ``(1) In general.--The Priority List submitted under 
     subsection (b) shall be revised--
       ``(A) every 4 years; or
       ``(B) on a finding of compelling need under paragraph (2).
       ``(2) Finding of compelling need.--
       ``(A) In general.--If the Secretary, the Administrator, or 
     the Director makes a finding of compelling need justifying a 
     priority shift and the finding is approved by the Secretary, 
     the Executive Director of the Planning Agency, the California 
     Natural Resources Secretary, and the Director of the Nevada 
     Department of Conservation, the Priority List shall be 
     revised in accordance with this subsection.
       ``(B) Inclusions.--A finding of compelling need includes--
       ``(i) major scientific findings;
       ``(ii) results from the threshold evaluation of the 
     Planning Agency;
       ``(iii) emerging environmental threats; and
       ``(iv) rare opportunities for land acquisition.

     ``SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.

       ``(a) In General.--Not later than 60 days after the date of 
     enactment of the Lake Tahoe Restoration Act of 2011, the 
     Director, in coordination with the Planning Agency, the 
     California Department of Fish and Game, and the Nevada 
     Department of Wildlife, shall deploy strategies that meet or 
     exceed the criteria described in subsection (b) for 
     preventing the introduction of aquatic invasive species into 
     the Lake Tahoe Basin.
       ``(b) Criteria.--The strategies referred to in subsection 
     (a) shall provide that--
       ``(1) combined inspection and decontamination stations be 
     established and operated at not less than 2 locations in the 
     Lake Tahoe Basin;
       ``(2) watercraft not be allowed to launch in waters of the 
     Lake Tahoe Basin if the watercraft--
       ``(A) has been in waters infested by quagga or zebra 
     mussels;
       ``(B) shows evidence of invasive species that the Director 
     has determined would be detrimental to the Lake Tahoe 
     ecosystem; and
       ``(C) cannot be reliably decontaminated in accordance with 
     paragraph (3);
       ``(3) subject to paragraph (4), all watercraft surfaces and 
     appurtenance (such as anchors and fenders) that contact with 
     water shall be reliably decontaminated, based on standards 
     developed by the Director using the best available science;
       ``(4) watercraft bearing positive verification of having 
     last launched within the Lake Tahoe Basin may be exempted 
     from decontamination under paragraph (3); and
       ``(5) while in the Lake Tahoe Basin, all watercraft 
     maintain documentation of compliance with the strategies 
     deployed under this section.
       ``(c) Certification.--The Director may certify State 
     agencies to perform the decontamination activities described 
     in subsection (b)(3) at locations outside the Lake Tahoe 
     Basin if standards at the sites meet or exceed standards for 
     similar sites in the Lake Tahoe Basin established under this 
     section.
       ``(d) Applicability.--The strategies and criteria developed 
     under this section shall apply to all watercraft to be 
     launched on water within the Lake Tahoe Basin.
       ``(e) Fees.--The Director may collect and spend fees for 
     decontamination only at a level sufficient to cover the costs 
     of operation of inspection and decontamination stations under 
     this section.
       ``(f) Civil Penalties.--
       ``(1) In general.--Any person that launches, attempts to 
     launch, or facilitates launching of watercraft not in 
     compliance with strategies deployed under this section shall 
     be liable for a civil penalty in an amount not to exceed 
     $1,000 per violation.
       ``(2) Other authorities.--Any penalties assessed under this 
     subsection shall be separate from penalties assessed under 
     any other authority.
       ``(g) Limitation.--The strategies and criteria under 
     subsections (a) and (b), respectively, may be modified if the 
     Secretary of the Interior, in a nondelegable capacity and in 
     consultation with the Planning Agency and State governments, 
     issues a determination that alternative measures will be no 
     less effective at preventing introduction of aquatic invasive 
     species into Lake Tahoe than the strategies and criteria.
       ``(h) Funding.--Of the amounts made available under section 
     6(c)(4), not more than $500,000 shall be made available to 
     the Director, in coordination with the Planning Agency and 
     State governments--
       ``(1) to evaluate the feasibility, cost, and potential 
     effectiveness of further efforts that could be undertaken by 
     the Federal Government, State and local governments, or 
     private entities to guard against introduction of aquatic 
     invasive species into Lake Tahoe, including the potential 
     establishment of inspection and decontamination stations on 
     major transitways entering the Lake Tahoe Basin; and
       ``(2) to evaluate and identify options for ensuring that 
     all waters connected to Lake Tahoe are protected from quagga 
     and zebra mussels and other aquatic invasive species.
       ``(i) Supplemental Authority.--The authority under this 
     section is supplemental to all actions taken by non-Federal 
     regulatory authorities.
       ``(j) Savings Clause.--Nothing in this title shall be 
     construed as restricting, affecting, or amending 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.

     ``SEC. 10. ARMY CORPS OF ENGINEERS; INTERAGENCY AGREEMENTS.

       ``(a) 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.
       ``(b) Local Cooperation Agreements.--
       ``(1) 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.
       ``(2) Components.--The agreement entered into under 
     paragraph (1) shall--
       ``(A) describe the nature of the technical assistance;
       ``(B) describe any legal and institutional structures 
     necessary to ensure the effective long-term viability of the 
     end products by the non-Federal interest; and
       ``(C) include cost-sharing provisions in accordance with 
     paragraph (3).
       ``(3) Federal share.--
       ``(A) In general.--The Federal share of project costs under 
     each local cooperation agreement under this subsection shall 
     be 65 percent.
       ``(B) Form.--The Federal share may be in the form of 
     reimbursements of project costs.
       ``(C) 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 subsection.

     ``SEC. 11. LAKE TAHOE BASIN PROGRAM.

       ``The Administrator, in cooperation with the Secretary, the 
     Planning Agency, the States of California and Nevada, and the 
     Tahoe Science Consortium, shall develop and implement the 
     Lake Tahoe Basin Program that--
       ``(1) develops and regularly updates an integrated 
     multiagency programmatic assessment and monitoring plan--
       ``(A) to evaluate the effectiveness of the Environmental 
     Improvement Program;
       ``(B) to evaluate the status and trends of indicators 
     related to environmental threshold carrying capacities; and
       ``(C) to assess the impacts and risks of changing climatic 
     conditions and invasive species;
       ``(2) develops a comprehensive set of performance measures 
     for Environmental Improvement Program assessment;
       ``(3) coordinates the development of the annual report 
     described in section 13;
       ``(4) produces and synthesizes scientific information 
     necessary for--
       ``(A) the identification and refinement of environmental 
     indicators for the Lake Tahoe Basin; and
       ``(B) the evaluation of standards and benchmarks;
       ``(5) conducts applied research, programmatic technical 
     assessments, scientific data management, analysis, and 
     reporting related to key management questions;

[[Page S1127]]

       ``(6) develops new tools and information to support 
     objective assessments of land use and resource conditions;
       ``(7) provides scientific and technical support to the 
     Federal Government and State and local governments in--
       ``(A) reducing stormwater runoff, air deposition, and other 
     pollutants that contribute to the loss of lake clarity; and
       ``(B) the development and implementation of an integrated 
     stormwater monitoring and assessment program;
       ``(8) establishes and maintains independent peer review 
     processes--
       ``(A) to evaluate the Environmental Improvement Program; 
     and
       ``(B) to assess the technical adequacy and scientific 
     consistency of central environmental documents, such as the 
     5-year threshold review; and
       ``(9) provides scientific and technical support for the 
     development of appropriate management strategies to 
     accommodate changing climatic conditions in the Lake Tahoe 
     Basin.

     ``SEC. 12. PUBLIC OUTREACH AND EDUCATION.

       ``(a) In General.--The Secretary, Administrator, and 
     Director will coordinate with the Planning Agency to conduct 
     public education and outreach programs, including 
     encouraging--
       ``(1) owners of land and residences in the Lake Tahoe 
     Basin--
       ``(A) to implement defensible space; and
       ``(B) to conduct best management practices for water 
     quality; and
       ``(2) owners of land and residences in the Lake Tahoe Basin 
     and visitors to the Lake Tahoe Basin, to help prevent the 
     introduction and proliferation of invasive species as part of 
     the private share investment in the Environmental Improvement 
     Program.
       ``(b) Required Coordination.--Public outreach and education 
     programs for aquatic invasive species under this section 
     shall--
       ``(1) be coordinated with Lake Tahoe Basin tourism and 
     business organizations; and
       ``(2) include provisions for the programs to extend outside 
     of the Lake Tahoe Basin.

     ``SEC. 13. REPORTING REQUIREMENTS.

       ``Not later than February 15 of each year, the 
     Administrator, in cooperation with the Chair, the Secretary, 
     the Director, the Planning Agency, and the States of 
     California and Nevada, consistent with section 6(c)(6) and 
     section 11, shall submit to Congress a report that 
     describes--
       ``(1) the status of all Federal, State, local, and private 
     projects authorized under this Act, including to the maximum 
     extent practicable, for projects that will receive Federal 
     funds under this Act during the current or subsequent fiscal 
     year--
       ``(A) the project scope;
       ``(B) the budget for the project; and
       ``(C) the justification for the project, consistent with 
     the criteria established in section 8(c)(1);
       ``(2) Federal, State, local, and private expenditures in 
     the preceding fiscal year to implement the Environmental 
     Improvement Program and projects otherwise authorized under 
     this Act;
       ``(3) accomplishments in the preceding fiscal year in 
     implementing this Act in accordance with the performance 
     measures and other monitoring and assessment activities; and
       ``(4) public education and outreach efforts undertaken to 
     implement programs and projects authorized under this Act.

     ``SEC. 14. 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, and the United States Fish and Wildlife Service), 
     including--
       ``(1) an interagency crosscut budget that displays the 
     proposed budget for use by each Federal agency in carrying 
     out restoration activities relating to the Environmental 
     Improvement Program for the following fiscal year;
       ``(2) a detailed accounting of all amounts received and 
     obligated by Federal agencies to achieve the goals of the 
     Environmental Improvement Program during the preceding fiscal 
     year; and
       ``(3) a description of the Federal role in the 
     Environmental Improvement Program, including the specific 
     role of each agency involved in the restoration of the Lake 
     Tahoe Basin.

     ``SEC. 15. GRANT FOR WATERSHED STRATEGY.

       ``(a) In General.--Of the amounts to be made available 
     under section 18(a), the Administrator shall use not more 
     than $500,000 to provide a grant, on a competitive basis, to 
     States, federally recognized Indian tribes, interstate 
     agencies, other public or nonprofit agencies and 
     institutions, or institutions of higher education to develop 
     a Lake Tahoe Basin watershed strategy in coordination with 
     the Planning Agency, the States of California and Nevada, and 
     the Secretary.
       ``(b) Comment.--In developing the watershed strategy under 
     subsection (a), the grant recipients shall provide an 
     opportunity for public review and comment.
       ``(c) Components.--The watershed strategy developed under 
     subsection (a) shall include--
       ``(1) a classification system, inventory, and assessment of 
     stream environment zones;
       ``(2) comprehensive watershed characterization and 
     restoration priorities consistent with--
       ``(A) the Lake Tahoe total maximum daily load; and
       ``(B) the environmental threshold carrying capacities of 
     Lake Tahoe;
       ``(3) a monitoring and assessment program consistent with 
     section 11; and
       ``(4) an adaptive management system--
       ``(A) to measure and evaluate progress; and
       ``(B) to adjust the program.
       ``(d) Deadline.--The watershed strategy developed under 
     subsection (a) shall be completed by the date that is 2 years 
     after the date on which funds are made available to carry out 
     this section.''.

     SEC. 8. RELATIONSHIP TO OTHER LAWS.

       Section 17 of The Lake Tahoe Restoration Act (Public Law 
     106-506; 114 Stat. 2358) (as redesignated by section 7(2)) is 
     amended by inserting ``, Director, or Administrator'' after 
     ``Secretary''.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       The Lake Tahoe Restoration Act (Public Law 106-506; 114 
     Stat. 2351) is amended by striking section 18 (as 
     redesignated by section 7(2)) and inserting the following:

     ``SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Funding.--
       ``(1) 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 2011.
       ``(2) Use of funds.--As of the date of enactment of the 
     Lake Tahoe Restoration Act of 2011, of the funds authorized 
     to be appropriated to be used to carry out sections 6 and 7, 
     the Secretary may use such sums as are necessary to implement 
     projects on the Priority List, to remain available until 
     expended.
       ``(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, Administrator, or Director for 
     expenditure in the Lake Tahoe Basin; and
       ``(2) shall not reduce allocations for other Regions of the 
     Forest Service, Environmental Protection Agency, or United 
     States Fish and Wildlife Service.
       ``(c) Cost-sharing Requirement.--Except as provided in 
     subsection (d) and section 6(c)(3)(E), the States of 
     California and Nevada shall pay 50 percent of the aggregate 
     costs of restoration activities in the Lake Tahoe Basin 
     funded under section 6 or 8.
       ``(d) Relocation Costs.--Notwithstanding subsection (c), 
     the Secretary shall provide to local utility districts \2/3\ 
     the costs of relocating facilities in connection with--
       ``(1) environmental restoration projects under sections 6 
     and 8; and
       ``(2) erosion control projects under section 2 of Public 
     Law 96-586 (94 Stat. 3381).
       ``(e) Signage.--To the maximum extent practicable, a 
     project provided assistance under this Act shall include 
     appropriate signage at the project site that--
       ``(1) provides information to the public on--
       ``(A) the amount of Federal funds being provided to the 
     project; and
       ``(B) this Act; and
       ``(2) displays the visual identity mark of the 
     Environmental Improvement Program.''.

     SEC. 10. CONFORMING AMENDMENTS.

       (a) Administration of Acquired Land.--Section 3(b) of 
     Public Law 96-586 (94 Stat. 3384) is amended--
       (1) by striking ``(b) Lands'' and inserting the following:
       ``(b) Administration of Acquired Land.--
       ``(1) In general.--Land''; and
       (2) by adding at the end the following:
       ``(2) Interchange.--
       ``(A) In general.--Notwithstanding paragraph (1), the 
     Secretary of Agriculture (acting through the Chief of the 
     Forest Service) (referred to in this paragraph as the 
     `Secretary') may interchange (as defined in the first section 
     of Public Law 97-465 (16 U.S.C. 521c)) any land or interest 
     in land within the Lake Tahoe Basin Management Unit described 
     in subparagraph (B) with appropriate units of State 
     government.
       ``(B) Eligible land.--The land or interest in land referred 
     to in subparagraph (A) is land or an interest in land that 
     the Secretary determines is not subject to efficient 
     administration by the Secretary because of the location or 
     size of the land.
       ``(C) Consideration.--In any interchange under this 
     paragraph, the Secretary shall accept land within the Lake 
     Tahoe Basin Management Unit of approximately equal value (as 
     defined in accordance with section 6(2) of Public Law 97-465 
     (16 U.S.C. 521h)).
       ``(D) Environmental analysis.--For the purposes of any 
     environmental analysis of an interchange under this 
     paragraph, the Secretary shall--
       ``(i) assume the maintenance of the environmental status 
     quo; and
       ``(ii) not be required to individually assess each parcel 
     that is managed under the Lake Tahoe Basin Management Unit 
     Urban Lots Program.
       ``(E) Use of land acquired by state government.--In any 
     interchange under this paragraph, the Secretary shall--
       ``(i) insert in the applicable deed such terms, covenants, 
     conditions, and reservations as the Secretary determines to 
     be necessary to ensure--

       ``(I) protection of the public interest, including 
     protection of the ecological, scenic, wildlife, and 
     recreational values of the National Forest System; and

[[Page S1128]]

       ``(II) the provision for appropriate access to, and use of, 
     land within the National Forest System;
       ``(III) that land subject to exchange is monitored for 
     compliance with subclauses (I) and (II); and
       ``(IV) if the land conveyed under this paragraph is used in 
     a manner that is inconsistent with this section, the land 
     shall, at the discretion of the Secretary, revert to the 
     United States; or

       ``(ii) reserve a conservation easement to ensure that the 
     land conveyed is managed in accordance with subclauses (I) 
     through (IV) of clause (i).
       ``(F) Delegation of monitoring and enforcement by transfer 
     of conservation easement.--
       ``(i) Definition of eligible entity.--In this subparagraph, 
     the term `eligible entity' means--

       ``(I) a conservation agency of a local government or an 
     Indian tribe;
       ``(II) the Tahoe Regional Planning Agency; or
       ``(III) an organization that--

       ``(aa) is organized for, and at all times since the 
     formation of the organization, has been operated principally 
     for 1 or more of the conservation purposes specified in 
     clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of 
     the Internal Revenue Code of 1986;
       ``(bb) is an organization described in section 501(c)(3) of 
     that Code that is exempt from taxation under section 501(a) 
     of that Code;
       ``(cc) is described in paragraph (1) or (2) of section 
     509(a) of that Code; or
       ``(dd)(AA) is described in section 509(a)(3) of that Code; 
     and
       ``(BB) is controlled by an organization described in 
     section 509(a)(2) of that Code.
       ``(ii) Delegation.--Subject to clause (iii), the Secretary 
     may delegate to an eligible entity any monitoring and 
     enforcement duties relating to a conservation easement under 
     this paragraph by transferring title of ownership to an 
     easement to an eligible entity to hold and enforce.
       ``(iii) Restriction.--The Secretary may delegate monitoring 
     or enforcement duties under clause (ii) if--

       ``(I) the Secretary retains the right to conduct periodic 
     inspections and enforce the easement;
       ``(II) the Secretary determines that the transfer will 
     promote protection of ecological, scenic, wildlife, and 
     recreational values;
       ``(III) the eligible entity assumes the costs incurred in 
     administering and enforcing the easement;
       ``(IV) the Secretary determines that the eligible entity 
     has the resources necessary to carry out monitoring and 
     enforcement activities; and
       ``(V) all delegated monitoring and enforcement duties 
     revert to the Secretary if the eligible entity cannot perform 
     the delegated duties, at the discretion of the Secretary.

       ``(G) Transfer of land acquired by units of state 
     government.--Any unit of State government that receives 
     National Forest System land through an interchange under this 
     paragraph shall not convey the land to any person or entity 
     other than the Federal Government or a State government.''.
       (b) Interagency Agreement Funding.--Section 108(g) of title 
     I of division C of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447; 118 Stat. 2942) is amended by striking 
     ``$25,000,000'' and inserting ``$75,000,000''.

  Mr. REID. Mr. President, today I join Senator Feinstein in 
introducing the Lake Tahoe Restoration Act of 2011 along with Senator 
Ensign and Senator Boxer. Our bill protects Lake Tahoe by helping 
federal agencies work more collaboratively with local governments to 
manage federal lands, preventing catastrophic wildfires, keeping 
invasive species out of the lake, using sound science to prioritize 
projects, and leveraging state and local funding. Senator Feinstein has 
done a lot of work to improve this legislation while maintaining a 
broad coalition of support and I want to thank her for her good work.
  Lake Tahoe is a place of incredible beauty. When Mark Twain first saw 
Lake Tahoe in 1861, he described it as ``a noble sheet of blue water 
lifted 6,300 feet above the level of the sea, and walled in by a rim of 
snow-clad mountain peaks that towered aloft full three thousand feet 
higher still!'' He went on to proclaim the view in front of him as 
surely ``the fairest picture the whole earth affords.'' I could not 
agree more.
  But for all its beauty, Lake Tahoe Basin is in peril. The famed 
clarity of the lake declined by over a third during the last 50 years; 
it is estimated that 25 percent of the trees in the basin are dead or 
dying; the prized Lahontan cutthroat trout sport fish that once grew to 
more than 40 pounds are no longer present; and many of the basin's 
natural marshes and wetlands have been altered or drained. This 
perilous decline jeopardizes the 23,000 jobs and $1.8 billion in annual 
revenues that Lake Tahoe contributes to the Nevada and California 
economies.
  It became clear to me in the 1990s that a major commitment and 
coordinated efforts were necessary to turn things around for the health 
and future of Lake Tahoe and the Lake Tahoe Basin. In 1996, I called 
then-President Clinton and Vice President Gore and asked if they would 
come to Lake Tahoe with me so that they could see both the incredible 
beauty of the place and many threats facing it. When we convened in 
July 1997, the President and Vice President brought four cabinet 
secretaries with them and we had a multi-day session on the future of 
Lake Tahoe. President Clinton promised to make Lake Tahoe a priority--
for the people of Nevada, for the people of California, and for the 
whole country. An executive order and the subsequent Lake Tahoe 
Restoration Act of 2000 were the result of that commitment.
  It would have been difficult to imagine at that first summit how much 
progress we would be able to make in the last 14 years. The clarity of 
the lake now appears to have stabilized, thousands of acres of forest 
lands have been restored, roads and highways across the basin have been 
improved to limit runoff, and the natural function of many miles of 
stream zones and riparian areas has been restored. But there is a great 
deal yet to be done. We offer the Lake Tahoe Restoration Act of 2011 as 
the next step.
  Our bill focuses federal attention on the areas where we can be most 
effective and it builds on the lessons we have learned since 1997. The 
basic summary of the bill is that it authorizes $415 million over 10 
years to improve water clarity, reduce the threat of fire, and restore 
the environment.
  I would like to make a very important point about the federal role in 
protecting Lake Tahoe. The U.S. Forest Service manages 75 percent of 
the land surrounding the lake and it is impossible to make real 
progress in the Lake Tahoe Basin without providing the Forest Service 
with the tools they need to manage that land. With that in mind, we 
call on the Forest Service to support the thresholds put forth by the 
Tahoe Regional Planning Agency, we provide encouragement and funding to 
work on the restoration of stream environment zones, and we withdraw 
all Forest Service in the Basin lands from mineral entry in order to 
minimize soil disturbance. The Forest Service is also granted increased 
flexibility to exchange land with the states of Nevada and California 
which will allow for more cost-efficient management of the over 8,000 
publicly owned urban parcels spread throughout the Basin. Currently, 
the Forest Service owns over 3,280 of these urban parcels and there are 
questions about whether it is in the public interest for the Forest 
Service to manage these urban lands or whether it would be better to 
pass them to other responsible entities that could provide more 
efficient management. We have asked the Forest Service to report to 
Congress on their plans for improving this part of their program, 
including any suggestions for how Congress might be able to help. Along 
with these new authorities and direction for forest management, the 
bill authorizes $136 million to reduce the threat of wildfire. This 
includes work on Forest Service lands as well as work done by local 
fire agencies. Local communities and fire districts that receive grants 
from this generous program will provide a 25 percent cash match.
  Lake Tahoe is uniquely beautiful and it's worth fighting to protect 
it. It is my sincere hope that my grandchildren will see the day when 
the lake's clarity is restored to 100 feet or more, when Tahoe's giant 
native trout are once again plentiful, and when nearby forests are 
diverse and healthy. Mark Twain saw something amazing when he crested 
into the Lake Tahoe Basin. We owe it to ourselves and to subsequent 
generations to restore as much of that splendor as we can. This bill is 
the next step in that journey.
                                 ______