[Congressional Record (Bound Edition), Volume 155 (2009), Part 19]
[Senate]
[Pages 26509-26520]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BARRASSO (for himself and Mr. Enzi):
  S. 2722. A bill to authorize the Secretary of the Interior to conduct 
a special resource study to determine the suitability and feasibility 
of adding the Heart Mountain Relocation Center, in the State of 
Wyoming, as a unit of the National Park System; to the Committee on 
Energy and Natural Resources.
  Mr. BARRASSO. Mr. President, I join Senator Enzi today to introduce 
the Heart Mountain Relocation Center Study Act. This legislation will 
authorize the National Park Service to conduct a special resource study 
of the site of Heart Mountain Relocation Center near Powell, Wyoming. 
The site is an important part of our national history and of the 
history of our communities in western Wyoming.
  This legislation is truly a credit to the individuals, local 
communities, and grassroots organizations supporting recognition of the 
Heart Mountain site. Many of these individuals readily share their 
experience of the years between 1942 and 1945, when Japanese American 
families from the West Coast were forcibly moved to Park County, 
Wyoming, and interned at the site near Heart Mountain. During those 
years, the Heart Mountain site was the third- largest community in 
Wyoming, housing nearly 11,000 Japanese Americans. The experience 
during those years shaped internees and local residents alike. It 
represents an important chapter in American history.
  The legislation introduced today will authorize study of the Heart 
Mountain site and its significance to the mission of the National Park 
Service. The study will involve participation by the public and 
evaluate options for future management of the Heart Mountain site.
  I want to thank the Heart Mountain Wyoming Foundation, along with 
other supporting organizations, for championing this cause. It is 
because of their efforts that this important historical site has been 
preserved and presented to the public.
  The internment of Japanese Americans during World War II is a part of 
America's history. The special resource study of Heart Mountain 
Relocation Center will lay groundwork for protecting this history for 
future generations. I urge Senators to support the Heart Mountain 
Relocation Center Study Act.
  Mr. ENZI. Mr. President, I rise today to discuss the importance of 
preserving the Heart Mountain World War II Internment Camp in Powell, 
Wyoming. My good friend and colleague Senator John Barrasso and I are 
introducing a bill to authorize the Secretary of the Interior to 
conduct a special resource study to determine the suitability and 
feasibility of adding the Heart Mountain Relocation Center as a unit of 
the National Park System.
  Heart Mountain, WY, was 1 of 10 relocation centers created during 
World War II to house Japanese and Japanese-Americans who were forcibly 
relocated inland from the west coast. The current site contains the 
most existing structures of any site in the country. To memorialize 
this history, the Heart Mountain, Wyoming Foundation is working to 
develop a Learning Center on the site of the Internment Camp. The 
Foundation is a well-established and creditable organization serving 
2,800 on its mailing list, with notable Board and Advisory Board 
members including former Senator Alan Simpson and former U.S. 
Department of Commerce and U.S. Department of Transportation Secretary 
Norman Mineta. Senator Simpson and Secretary Mineta first met as Boy 
Scouts when Senator Simpson's Cody, WY, Scout Troop visited Secretary 
Mineta's troop while he was interned as a young man in the Heart 
Mountain camp. They developed a bond that would last for decades and 
eventually served in Congress together.
  Private and public entities alike strongly believe that Heart 
Mountain, WY, should be preserved for future generations. I, too, 
believe preservation of one of our country's landmarks from World War 
II should be saved so our children and grandchildren have another tool 
to learn about our country's history.
  In 2000, I secured Federal funding from the Economic Development 
Initiative Grant Program, EDI, under the U.S. Department of Housing and 
Urban Development for the Heart Mountain, Wyoming Foundation. The 
foundation used this funding to acquire land and conduct environmental 
assessment of the land in order to build an interactive learning 
facility at Heart Mountain's World War II Internment Camp in Powell, 
WY. The facility educates tourists and Wyomingites about the

[[Page 26510]]

camp's history and effects on the Japanese American population. In the 
past 9 years, private individuals, non-profit organizations, and the 
Federal Government have issued additional dollars to the Heart 
Mountain, Wyoming Foundation in order to achieve its goal of preserving 
the land, remaining structures, and building the Learning Center.
  The next step in this journey is the bill Senator Barrasso and I are 
introducing today. The bill would authorize the Secretary of the 
Interior to conduct a special resource study to determine the 
suitability and feasibility of adding the Heart Mountain Relocation 
Center as a unit of the National Park System. When conducting the 
study, the Secretary of the Interior will be looking at various factors 
including, but not limited to, evaluating the national significance of 
Heart Mountain, WY; identifying the cost estimates for any Federal 
acquisition, development, operation and maintenance of the area; and 
identifying any potential impacts of designation of site as a unit of 
the National Park System on private landowners. Once funds are made 
available for the study, the Secretary of the Interior has 3 years to 
study the issue and issue a report about next steps to the appropriate 
House and Senate committees of jurisdiction.
  Simply because we are introducing this legislation does not guarantee 
that Heart Mountain will become a part of the National Park System. The 
bill we are introducing will allow the Secretary to study that question 
and to make a recommendation based on the merits of Heart Mountain and 
how it would fit within the entire National Park System.
  Heart Mountain Camp internees want to leave a legacy of learning 
through this Center to future generations such that abridgements of 
freedoms and lack of ethnic understanding not occur again in this great 
country. Preserving the land and structures and building the Learning 
Center will do just that. This bill is the next step forward in making 
their dream a reality.
                                 ______
                                 
      By Mr. BROWNBACK (for himself and Mr. Roberts):
  S. 2723. A bill to amend the Internal Revenue Code of 1986 to provide 
a special depreciation allowance and recovery period for noncommercial 
aircraft property; to the Committee on Finance.
  Mr. BROWNBACK. Mr. President, Today I introduce an important piece of 
legislation that would provide a real boost to our economy at little, 
if any, expense to taxpayers. The bill I introduce would offer bonus 
depreciation on the purchase of noncommercial general aviation aircraft 
in 2010 or 2011.
  America is the world leader in general aviation manufacturing, a 
sector in which we truly have no peer. General aviation is an essential 
and critical part of our Nation's transportation infrastructure for 
many individuals and businesses, for whom time is of the absolute 
essence. Further, general aviation is a vital component of our economy, 
supporting over 1.2 million jobs and providing $150 billion in economic 
activity. It is one of the few remaining American manufacturing 
industries that still provide a significant trade surplus for the U.S., 
generating over $5.9 billion in exports of domestically manufactured 
planes in 2008 alone.
  However, this sector is particularly susceptible to economic 
downturns. Many individuals and companies will delay or even cancel the 
purchase of an aircraft in a bad economy even though they may have a 
present need for a new aircraft.
  We see this reflected in our general aviation sector where during the 
first half of 2009, we witnessed declines of 58 percent in piston 
engine aircraft sales; 37 percent in jet engine aircraft sales; and 13 
percent in turboprop aircraft sales. At the same time, use of business 
jets has declined 12 percent over the past year, and the number of used 
aircraft on the global market stands at a historic high.
  Cumulatively, general aviation companies have had to lay off 19,000 
American workers, and this includes 11,500 alone in Wichita, KS. Over 
the past year, total employment of general aviation companies has 
declined by almost 14 percent. This is even more alarming when you 
consider that the U.S. Department of Labor aerospace workforce 
multiplier is three. For every general aviation worker on an aircraft, 
there are three jobs outside the immediate company that are created, 
whether manufacturing, engineering, supply or support. So, for this 
many general aviation workers to have been laid-off has much further 
reaching consequences in terms of the number of people and families 
that are adversely impacted.
  The legislation that I propose today is a proven approach to spur 
general aviation aircraft orders with minimal affect on the Federal 
budget. My approach to this issue is an approach that has resulted in 
real jobs. During the 2003-2004 economic downturn, I worked to have 
general aviation bonus depreciation included in legislation that 
emerged from the Senate Finance Committee. That provision is credited 
with spurring over $2 billion in new general aviation aircraft sales, 
and it is credited with saving or sustaining thousands of jobs. Also, 
another consideration that makes this approach a real no-brainer is 
that, in the past, the Joint Tax Committee reported the provision to 
have a negligible impact on Federal tax revenues over the 10-year 
budget window. This is because, while tax revenue is reduced in the 
near-term, revenues rebound to higher levels in the second half of the 
10-year window as no deprecation is being taken in the later years of 
the period.
  Acting on this proposal now is important. The Blue Chip Economic 
Indicators consensus forecast expect unemployment to rise above 10 
percent and to remain above the 3rd quarter 2009 level of 9.6 percent 
at least though the end of 2010, so we are looking at uncertain 
economic growth and high unemployment for several more quarters. A 
proposal like the one that I am putting forward is likely to encourage 
individuals and businesses to go ahead and act now on placing orders 
rather than waiting. For the Congress to act on this bonus depreciation 
legislation now would have a positive effect on getting our economic 
engines moving again and can play a part in helping facilitate a 
broader economic recovery, as it would hopefully again help to save and 
sustain jobs as well as returning jobs to those who have lost them as a 
result of the recession.
                                 ______
                                 
      By Mr. REID (for himself, Mrs. Feinstein, Mr. Ensign, and Mrs. 
        Boxer):
  S. 2724. A bill to provide for environmental restoration activities 
and forest management activities in the Lake Tahoe Basin; to the 
Committee on Environment and Public Works.
  Mr. REID. Mr. President, I rise today with my good friends, Senator 
Feinstein, Senator Ensign, and Senator Boxer to introduce the Lake 
Tahoe Restoration Act of 2009.
  Representatives Heller, Titus, Berkley and others will be introducing 
an identical version of this legislation in the House of 
Representatives today, and I urge both bodies to act swiftly on this 
important legislation.
  Lake Tahoe is a place of incredible beauty. The clear blue waters of 
the lake, surrounded by forested slopes and snow-capped peaks is a 
sight that can stir the soul. When Mark Twain first saw Lake Tahoe in 
1861, he described it as ``a noble sheet of blue water lifted six 
thousand three hundred 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 the Lake Tahoe Basin faces some great challenges. 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 Lahontan cutthroat trout that once grew to 40 pounds or more 
in Lake Tahoe are no longer present; and many of the basin's natural 
marshes and wetlands have been altered or drained.
  It became clear to me in the 1990s that a major commitment was needed 
to turn things around for the health

[[Page 26511]]

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 this rare jewel. When we 
convened in July 1997, the President and Vice President brought four 
cabinet secretaries with them and we had a serious 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 underscored that commitment.
  It would have been difficult to imagine at that first summit how much 
progress we would be able to make in 12 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 this legislation as the next step.
  The Lake Tahoe Restoration Act of 2009 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 8 years to improve water clarity, reduce 
the threat of fire, and restore the environment. But I would like to 
take a few minutes to explain some of the components in greater depth.
  It would be impossible to make real progress in the Lake Tahoe Basin 
without working hand-in-hand with the Forest Service, which manages 75 
percent of the land in the area. 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.
  The Environmental Improvement Plan, EIP, another key part of 
restoration efforts in the basin. The EIP is a list, prepared by Lake 
Tahoe stakeholders, of projects that are designed to improve water 
quality, forest health, air quality and fish and wildlife habitat 
around Lake Tahoe. As part of this bill we authorize $136 million for 
Federal funding to support EIP projects. We also call on stakeholders 
in the basin to carefully rank the projects in the EIP, using the best 
available science, in order to give everyone involved an understanding 
of the long-term priorities and goals of the program. Through this 
ranking, when state, local, or private funds become available, the 
stakeholders and government agencies can move immediately to fund and 
implement the projects that are most vital and in keeping with the 
long-range vision for environmental restoration in the basin.
  Another important authorization in the bill is $72 million for 
stormwater management and watershed restoration projects which have 
been determined to be among the most effective ways to improve water 
clarity. These are projects designed to reduce the inflow of very fine 
sediment into the lake through improvement of urban stormwater systems 
or the restoration of natural watershed functions in the basin's 
streams and marsh areas.
  The legislation also takes great strides in protecting Lake Tahoe 
from dangerous invasive species like quagga and zebra mussels. The 
damage that would be inflicted at Lake Tahoe by a quagga or zebra 
mussel infestation has been estimated to be in the tens of millions of 
dollars annually. These organisms destroy native ecosystems. Their 
rampant reproduction upsets food chains and drives other species out of 
existence. Dense accumulation of shells damages infrastructure, clogs 
water pipes and fouls boats and motors. As has been experienced in 
other parts of our country, these invasive species can leave boulders 
and beaches covered in an unsightly, foul-smelling, crust of sharp 
fingernail-sized shells. In order to protect Lake Tahoe from this 
horrible fate, our bill would provide $20 million for watercraft 
inspections and removal of existing invasive species from Lake Tahoe. 
Further, we prohibit watercraft that have had contact with quagga or 
zebra mussel-infested waters from entering waterbodies in the Lake 
Tahoe Basin. All other watercraft must submit to inspection and 
decontamination prior to launch in order to prevent the introduction of 
these harmful species. Watercraft can be exempted from decontamination 
if they have not launched elsewhere since last being in Lake Tahoe.
  Of special importance to me, this legislation authorizes $20 million 
to help implement the full-scale recovery of the Lahontan cutthroat 
trout. This iconic fish was highly sought by anglers for generations, 
and was the top predator in the lake's ecosystem. Populations started 
to decline when widespread logging and pulp operations came to the 
Tahoe Basin, damaging crucial spawning areas. This, combined with 
serious overfishing, led to a sharp decline in population levels. To 
make matters worse, a number of non-native fish were introduced into 
Lake Tahoe and began to prey upon the remaining juvenile cutthroats.
  We have since made great progress in cleaning up the Basin's streams 
and restoring lost habitat, but we will need to take additional steps 
to bring this great fish back to Lake Tahoe. The funding authorized by 
this legislation will make these steps possible. I would also like to 
note, that the Fish and Wildlife Service has made great progress in 
bringing Lahontan cutthroat trout back to Fallen Leaf Lake, in the 
Tahoe Basin. I have faith that they can work similar wonders in Lake 
Tahoe.
  Another piece of this bill that we have put a lot of time and thought 
into is the science program. A solid understanding of how our 
restoration efforts are working, and how natural physical and 
biological processes affect the lake is critical to ensuring continued 
progress in restoring the health of the basin. The legislation 
authorizes $30 million for scientific programs and research that will 
produce information on long-term trends in the basin and provide the 
basis for selection of the most effective projects. To help coordinate 
efforts, all projects funded by this legislation will have monitoring 
and assessment built into their project design so that we can better 
understand their contributions to restoration in the basin.
  A great deal of work has gone into this bill, and I am grateful for 
the help and assistance that my colleagues and their staffs have 
provided. Senator Feinstein and her staff deserve special praise for 
their diligent efforts. I also sincerely appreciate the time and 
attention of the many people in Nevada and California who have provided 
crucial input along the way.
  Anyone who has been to Lake Tahoe knows that is it not just uniquely 
beautiful but that it is also worth fighting to protect. 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

[[Page 26512]]

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.
  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. 2724

       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 2009''.

     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 $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

[[Page 26513]]

       ``(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 code numbered 1141, 1142, or 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 all 
     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 
     paragraph (2), the Federal land located in the Lake Tahoe 
     Basin Management Unit is withdrawn from--
       ``(A) all forms of entry, appropriation, or disposal under 
     the public land laws;
       ``(B) location, entry, and patent under the mining laws; 
     and
       ``(C) disposition under all laws relating to mineral and 
     geothermal leasing.
       ``(2) 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.
       ``(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 2009, 
     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 2009, 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--

[[Page 26514]]

       ``(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 any 
     project 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.
       ``(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 in the science program developed 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 used 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 available 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 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.
       ``(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.--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.
       ``(4) Invasive species management.--Of the amounts to be 
     made available under section 18(a), $20,500,000 shall be made 
     available 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 for the Lahontan Cutthroat Trout Recovery 
     Program.
       ``(6) Science.--Of the amounts to be made available under 
     section 18(a), $30,000,000 shall be used to develop and 
     implement the science 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 2009, 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 
     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, erosion control projects shall be considered 
     part of the stormwater management and total maximum daily 
     load program of the Environmental Improvement Program.
       ``(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

[[Page 26515]]

     Agency, the California 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 2009, 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; or
       ``(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.

     ``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. SCIENCE 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 a Lake 
     Tahoe Science 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;
       ``(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 Chair, in 
     cooperation with the Secretary, the Director, the 
     Administrator, the Planning Agency, and the States of 
     California and Nevada, 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--

[[Page 26516]]

       ``(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) In General.--There is authorized to be appropriated 
     to carry out this Act $415,000,000 for a period of 8 fiscal 
     years beginning the first fiscal year after the date of 
     enactment of the Lake Tahoe Restoration Act of 2009.
       ``(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) Requirements.--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 scenic, wildlife, and recreational values 
     of the National Forest System; and
       ``(II) the provision for appropriate access to, and use of, 
     land within the National Forest System;

       ``(ii) receive land within the Lake Tahoe Basin of 
     approximately equal value (as defined in accordance with 
     section 6(2) of Public Law 97-465 (96 Stat. 2535)); and
       ``(iii) for the purposes of any environmental assessment--

       ``(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.

       ``(D) Use of land acquired by units of state government.--
     Any unit of State government that receives National Forest 
     System land through an exchange or transfer 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''.

  Mrs. FEINSTEIN. Mr. President, 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 countless millions the world over.
  But the ``Jewel of the Sierra'' is in big trouble. If we don't act 
now, we could lose Lake Tahoe--lose it with stunning speed--to several 
devastating threats.
  Invasive species, such as the quagga mussel, could decimate the lake, 
much as it has Lake Mead. Just one quagga mussel attached to a boat 
could lay 1 million eggs. An infestation would devastate the lake. It 
would ruin its biology, foul its beaches, deliver a body blow to the 
regional economy. It would turn this ``noble sheet of clear water,'' as 
Twain put it, into just another dull, gray, polluted body of water. We 
must get a stranglehold on invasive species before they get a 
stranglehold on the lake.
  Catastrophic wildfires could spiral out of control and consume the 
basin. The Angora Fire of 2007 destroyed 242 homes and scorched 3,100 
acres. It was just a wakeup call. Today, 25 percent of the basin's 
forests are marred by dead, downed or dying trees. These fuels--
combined with hot, tinder-dry conditions--threaten explosive wildfires 
that could incinerate the basin. We must make their removal a top 
priority.
  Pollution and sedimentation threaten Lake Tahoe's fabled water 
clarity. In 1968, the first year UC Davis scientists made measurements 
using a device called a Secchi disk, clarity was measured at an average 
depth of 102.4 feet. Clarity declined over the next three decades, 
hitting a low of 64 feet in 1997. We have seen improvements in this 
decade. This year scientists recorded average clarity at 69.6 feet--

[[Page 26517]]

roughly within the range of the past 8 years. Scientists say the rate 
of decline in Lake Tahoe's clarity has slowed. I believe we can build 
on this. But the gains could easily be reversed if we are not diligent.
  Climate change is real and adding to all these problems. It leaves 
the basin hot and tinder-dry, and vulnerable to wildfires. The lake's 
surface water temperature has risen 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.
  We must face facts--we could lose Lake Tahoe.
  So it is with a real sense of urgency that today I join with Majority 
Leader Reid as he introduces sweeping legislation to attack these 
threats. The Lake Tahoe Restoration Act of 2009 is also cosponsored by 
Senators Ensign and Boxer. Representative Dean Heller of Nevada is 
introducing a companion in the House of Representatives.
  This legislation would authorize $415 million over 8 years to mount a 
robust attack against these threats.
  Against invasive species.
  Against catastrophic wildfires.
  Against the sedimentation and pollution that could forever ruin Lake 
Tahoe's crystal waters.
  With this legislation we can rise to the challenges presented by all 
these threats, and build upon the gains set in motion by the Lake Tahoe 
Restoration Act of 2000.
  Bottom line--this bill will help ensure the protection and 
preservation of Lake Tahoe, now and for future generations.
  Now, to see where we are headed, it's important to review where we 
have been. So I would like to touch on the work that's been done so far 
at Lake Tahoe, work that sets the foundation for the effort that lies 
ahead.
  The Lake Tahoe Restoration Act of 2000 set in motion a partnership 
between the Federal Government, the States of California and Nevada, 
local governments and organizations, and the private sector.
  All were brought together with a common purpose--to save Lake Tahoe.
  I am proud to have been an original sponsor, along with Senators Reid 
and Boxer, and then-Senator Dick Bryan.
  This legislation set in motion investments that have enabled us to 
get a foothold. These investments included $424 million by the Federal 
Government, $612 million by the State of California, $87 million by the 
State of Nevada, $59 million by local governments and $249 million by 
the private sector.
  It financed more than 300 projects under the Environmental 
Improvement Program, a combined Federal, State, local, and private-
sector partnership to restore Lake Tahoe. One hundred eighty three more 
projects are in progress.
  We have seen improvements across the board:
  Water Clarity: Stormwater, erosion-control, and road improvement 
projects enabled us to begin to tackle the problem of sedimentation and 
pollution, which enters the lake and degrades its fragile water 
clarity. This includes improvements to 429 miles of roadways and 
restoring 739 acres of wetlands. As I noted a moment ago, we have seen 
gains in water clarity in this decade, and this year's average clarity 
was 69.6 feet. Scientists report that the rate of decline has slowed. 
But these gains could easily be reversed if we don't continue and 
broaden our efforts to keep sediments out of the lake.
  Catastrophic Wildfires: One-fourth of the forests of the Tahoe Basin 
are comprised of dead, downed, and dying trees. Combined with hot, 
tinder-dry conditions, they can feed massive wildfires that could 
destroy the basin. Removal of these hazardous fuels has been a 
priority. The Fire Safe Councils and the local Fire Departments have 
done good work. They deserve our continued support, and with this 
legislation, they will get it. As with efforts on water clarity, 
efforts to clear the forests of hazardous fuels, and to institute 
sensible fire-safe practices must be continued. So far, hazardous fuels 
reduction treatment has occurred on 33,549 acres, including 12,256 
acres treated since 2006. In the next 8 years, we plan on treating 
68,000 additional acres.
  Stream Restoration and Wildlife Habitat Improvement: So far more than 
13,927 acres of wildlife habitat have been improved and 800 acres of 
Stream Environment Zones restored. This includes restoration of the 
Upper Truckee Watershed to reduce the flow of sedimentation into the 
lake, and reintroduction of the Tahoe Yellow Cress, a plant that grows 
no place else on Earth.
  Much work has been done. Much work lies ahead. It must be done, 
because the old threats are still there. And new ones--such as the 
quagga mussel--have arisen.
  The bill introduced today by Senator Reid is essential to continuing 
the good work done to date, and to meeting the threats facing the lake 
today.
  It would authorize $415 million over 8 years to improve water 
clarity, reduce risk of catastrophic wildfire, and restore the 
environment. Specifically, it would do the following:
  The bill provides $248 million over 8 years for the highest priority 
restoration projects, according to 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. Now--
and this is an important point--this legislation would direct 
investments 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 Lake Tahoe, CA, 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 8 years to reduce the threat of 
wildfire in 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 also creates incentives for local 
communities to have dedicated funding for defensible space inspections 
and enforcement.
  This 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. And this summer UC 
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 help spread other invasive species such 
as quagga mussels.
  The bill would authorize $20 million for watercraft inspections and 
removal of existing invasive species. It would also prohibit watercraft 
that have had contact with quagga or zebra mussel-infested waters from 
entering waters in the Tahoe Basin. As I noted earlier, 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 in 
the tens of millions of dollars annually.
  The threat to Lake Tahoe cannot be overstated. There were no quagga 
mussels in Lake Mead 3 years ago. Today

[[Page 26518]]

there are more than 3 trillion. The infestation is probably 
irreversible. Quagga mussels attach themselves to underwater structures 
and clog water intake pipes, canals, aqueducts and dams. They degrade 
water quality and can alter the taste and smell of drinking water. They 
can devastate aquatic ecosystems by consuming large amounts of 
microscopic plants, leaving little or nothing for native fish and other 
aquatic species. They are a very real threat.
  But the fix need not be drastic. Only about 1.5 percent of boats that 
have been inspected in Lake Tahoe would be prohibited from entering the 
lake, according to the Tahoe Regional Planning Agency. The bill would 
also require that all watercraft be inspected and decontaminated to 
prevent the introduction of invasive aquatic species. Watercraft last 
launched in Lake Tahoe would be exempted. The Secretary of the Interior 
can modify these regulations if scientific information leads to new 
technologies or techniques that would be no less effective than current 
measures. And there's good news. There's promising news on this front. 
This week, scientists reported that under proper conditions, plastic 
``bottom barriers'' laid on top of clam beds can kill all Asian clams 
living there within 28 days. 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 8 years for the Lahontan 
Cutthroat Trout Recovery Plan. The Lahontan Cutthroat Trout is an 
iconic species that has an important historic 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 the historic 11 lakes where 
Lahontan Cutthroat Trout flourished in the past, and it's a critical 
part of the strategy to recover the species.
  The bill funds scientific research. The legislation authorizes $30 
million over 8 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 prohibits mining operations in the Tahoe Basin. The 
legislation would prevent the start of any 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.
  Finally, it is important to note that this bill would increase 
accountability and oversight. All projects funded by this legislation 
would be monitored and assessed to ensure cost-effectiveness. The bill 
would also require annual reports to Congress detailing the status of 
all projects--including expenditures and accomplishments. Scientific 
data will be used to inform every aspect of this legislation. It will 
help us refine and adjust our restoration programs and ensure that we 
fund only the highest priority projects.
  Let there be no doubt: Lake Tahoe is in grave danger. Grave danger 
from catastrophic wildfires. Grave danger from invasive species. Grave 
danger from sedimentation and pollution that threaten to dull her 
crystal waters.
  Mark Twain called Lake Tahoe ``the fairest picture the whole world 
affords.'' Mr. President, we must not be the generation that lets this 
picture fall into ruin. We must rise to the challenge, and do all we 
can to preserve the ``Jewel of the Sierra.'' This legislation will do 
exactly that.
  Mr. ENSIGN. Mr. President, I rise to talk about a bill that has been 
introduced today by myself, along with Senators Reid, Feinstein, and 
Boxer, that will be the next chapter in our continuing support of one 
of the most pristine and magnificent areas in the United States.
  Since it was formed 2 million years ago, the breathtaking beauty of 
Lake Tahoe has awed all who have visited its crystal-clear waters and 
inspiring views. Mark Twain once said about the landmark, ``I thought 
it must surely be the fairest picture the whole world affords.'' From 
the Washoe tribe that originally inhabited its shores to John C. 
Fremont who first saw Lake Tahoe 165 years ago, this alpine lake is a 
part of our history and a part of our future.
  Next year, the Lake Tahoe Restoration Act, originally enacted in 
2000, will expire. Over the course of a decade, $300,000,000 was 
invested in environmental projects for water clarity, erosion control, 
and fire suppression. I am proud to have led the effort to amend the 
Southern Nevada Public Land Management Act in 2003 in order to 
guarantee funding for the Lake Tahoe Restoration Act from land auctions 
across southern Nevada. Great work has gone into protecting this 
national legacy, but we are not done.
  The Lake Tahoe Restoration Act of 2009 is our continued commitment to 
protecting this Nevada treasure for future generations. This effort, a 
collaboration among Senators Feinstein, Reid, Boxer, and me, authorizes 
$415 million for 8 years and provides for fuels reduction, 
Environmental Improvement Program projects, storm water management, and 
watershed restoration. It devotes significant funding--for the first 
time ever--to prevent the introduction of quagga and zebra mussels into 
the lake, one of the greatest threats facing Tahoe today. There is also 
funding for Lahontan Cutthroat Trout recovery and public outreach and 
education.
  Unfortunately, there are many threats facing Lake Tahoe. This 
legislation addresses each of those threats in a manner that is 
fiscally responsible with the most effective and efficient use of 
Federal funds. Hazardous fuels reduction is one of the most important 
investments we can make. If you have ever been to Lake Tahoe, you know

[[Page 26519]]

that one catastrophic fire could wipe out the entire basin. Just 2 
years ago, we watched in horror as the Angora fire spread and consumed 
land, trees, homes, and businesses. It spewed sediment and ash into the 
lake and turned our worst fears into reality. That is why we must be 
aggressive with our fuels reduction efforts. This bill also provides 
grants to Fire Protection Districts in the Lake Tahoe Basin to work in 
partnership with homeowners on defensible space.
  The Lake Tahoe Restoration Act is not just a Federal effort. Nevada, 
California, and private entities are also partners in the Environmental 
Improvement Program. In Nevada, where the legislature recently 
committed 100 million to the Environmental Improvement Program, Lake 
Tahoe is beloved and treasured. I had the privilege of spending several 
years of my childhood at the lake. My wife Darlene and I have made it a 
point to instill the same love for Lake Tahoe in our children. We spend 
our family's summer vacations there--biking, boating, waterskiing, and 
rock climbing. To this day, my favorite spot is the Tahoe Rim Trail 
looking down on Sandy Harbor, where you can see deep into the lake. You 
can see huge boulders. The clarity is so amazing, it is literally one 
of the most spectacular views in all the world. There really is no 
place in the world like Lake Tahoe.
  Let us make sure this inheritance is cared for and passed on to 
future generations.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Hatch, Mr. Leahy, and Mr. 
        Graham):
  S. 2725. A bill to provide for fairness for the Federal judiciary; to 
the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Federal 
Judicial Fairness Act of 2009.
  I want to thank my cosponsors--Senator Hatch, Senator Leahy, and 
Senator Graham--for working with me on this important legislation.
  The salaries of our Federal judges are eroding in their real buying 
power over time. This bill would solve that problem.
  Over the past 30 years, pay for Federal judges has declined 
dramatically. Since 1969, the inflation-adjusted salaries of Federal 
judges have dropped by 24 percent, even as other Federal workers have 
received an average salary increase of 18 percent.
  The way the pay system works now, Federal judges are at a stark 
disadvantage each year for receiving a cost-of-living adjustment to 
keep their salaries in pace with inflation. While most Federal civilian 
employees receive an automatic cost-of-living adjustment, Federal 
judges do not. Instead, they currently receive an adjustment only if 
Congress passes a special law and also provides an adjustment for 
itself.
  Judicial salaries should not be ensnared in Congressional-pay 
politics. Judges should simply be on the same system that other Federal 
employees are.
  That is what this bill would do.
  It would repeal ``Section 140,'' which currently requires Congress to 
pass a special law each year in order for judges to receive a cost-of-
living adjustment; and it would provide judges with an automatic, 
annual cost-of-living adjustment under the same General Schedule used 
for other Federal civilian employees.
  In other words, the bill would simply put Federal judges on an even 
playing field.
  Why is this important?
  The drop in real pay for Federal judges has created what Chief 
Justice John Roberts has called ``a Constitutional crisis.'' More and 
more judges are being forced to leave the bench for financial reasons 
during what should be the peak years of their judicial careers.
  Recently, the Federal court for the Central District of California 
lost a U.S. District Judge, Stephen Larson, after only 4 years of 
service. Larson had been a public servant for over a decade and said 
that because of his large family, he was finally faced with an 
impossible choice: He could either continue serving the public as a 
judge, or he could retire from the bench in order to be able to afford 
a college education for his children.
  Judge Larson's story is not an anomaly. The Federal bench has lost 
103 judges since 1990, 80 percent of whom ended up taking other, 
usually higher-paying, positions in the private sector.
  The problem is especially acute in high-cost states like California. 
In California, State court judges have higher salaries than Federal 
Article III judges.
  The rate at which our Federal courts are losing judges has increased 
by 24 percent since the 1990s, even as caseloads have gone up and the 
replacement process has slowed down.
  Departures like Judge Larson's are only half the problem. As former 
Federal judge and former Representative Abner Mikva has pointed out, a 
primary effect of the erosion of judicial salaries is to discourage our 
Nation's most talented lawyers from joining the bench in the first 
place.
  In 1969, the salary of a Federal district court judge was about 20 
percent higher than the salary of a top law school dean and about 30 
percent higher than that of a senior law professor at a top law school. 
Today, judges make only two-thirds the salary of similarly credentialed 
law professors, and half the pay of deans.
  In many cases, judges make less than first-year associates fresh out 
of law school.
  The bill that I am introducing today does not say that Federal judges 
should make as much as law firm partners or law school deans. It simply 
says that Federal judges should not be at a disadvantage vis-a-vis 
other Federal employees in getting a cost-of-living adjustment each 
year. It simply ensures that the salary Congress intended judges to 
receive will keep pace with inflation.
  Congress has already delayed action on this issue for too long. Our 
Nation now risks losing both our most experienced judges and the next 
generation of talented jurists.
  As early as 2003, the nonpartisan National Commission on the Public 
Service, also known as the Volcker Commission, concluded that ``the lag 
in judicial salaries has gone on too long, and the potential for the 
diminished quality in American jurisprudence is now too large.''
  I believe that the legislation that I am introducing today with 
Senators Hatch, Leahy, and Graham is a straightforward solution. It is 
not a raise. It is simply an assurance that judges will not have to 
jump through special hoops or rely on the politics of Congressional pay 
in order to get the cost-of-living adjustment received by other Federal 
employees.
  I do not believe that judges should expect to make the kind of 
salaries available to partners at private law firms. The rewards of 
public service are of a different kind. But we must ensure that 
judicial service remains a viable option for the most talented members 
of the bar.
  Basic fairness requires that judges' salaries not diminish over time. 
It is time to provide these critical public servants with a fair pay 
system that will guarantee the future health of the judiciary.
  I urge my colleagues to support this important legislation.
  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. 2725

       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 ``Federal Judicial Fairness 
     Act of 2009''.

     SEC. 2. JUDICIAL COST-OF-LIVING INCREASES.

       (a) Repeal of Statutory Requirement Relating to Judicial 
     Salaries.--Section 140 of the resolution entitled ``A Joint 
     Resolution making further continuing appropriations for the 
     fiscal year 1982, and for other purposes.'', approved 
     December 15, 1981 (Public Law 97-92; 95 Stat. 1200; 28 U.S.C. 
     461 note), is repealed.
       (b) Automatic Salary Adjustments.--Section 461(a) of title 
     28, United States Code, is amended to read as follows:
       ``(a) Effective at the beginning of the first applicable 
     pay period commencing on or after the first day of the month 
     in which an adjustment takes effect under sections 5303

[[Page 26520]]

     and 5304 of title 5 in the rates of pay under the General 
     Schedule, each salary rate which is subject to adjustment 
     under this section shall be adjusted by an amount, rounded to 
     the nearest multiple of $100 (or, if midway between multiples 
     of $100, to the next higher multiple of $100) equal to the 
     percentage of such salary rate which corresponds to the 
     overall average percentage of the adjustment in the rates of 
     pay under the General Schedule.''.

                          ____________________