[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.
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