[Senate Report 112-148]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 317
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-148

======================================================================



 
                   LAKE TAHOE RESTORATION ACT OF 2011

                                _______
                                

                February 7, 2012.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 432]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 432) to provide for environmental 
restoration activities and forest management activities in the 
Lake Tahoe Basin, and for other purposes, having considered the 
same, reports favorably thereon, with amendments, and 
recommends that the bill, as amended, do pass.

                    General Statement and Background

    The Lake Tahoe Restoration Act of 2011 reauthorizes the 
Lake Tahoe Restoration Act. S. 432 authorizes $415 million over 
10 years for forest fuels management, watershed restoration, 
stormwater management, and other projects. The bill would 
create a science program and authorize efforts to prevent 
introduction of invasive species like quagga and zebra mussels. 
The bill also funds efforts for recovery of Lahontan cutthroat 
trout.
    Lake Tahoe, located in the Sierra Nevada Mountains, is the 
second deepest lake in North America and the 10th deepest 
(1,645 feet deep) lake in the world.\1\ Known for the 
incredible clarity of its waters and its scenery, Lake Tahoe is 
a major tourist and recreational attraction for California and 
Nevada.\2\
---------------------------------------------------------------------------
    \1\U.S. Geological Survey, Facts about Lake Tahoe, Accessed at: 
http://tahoe.usgs.gov/facts.html.
    \2\U.S. Forest Service, Welcome to Lake Tahoe Basin Mgmt Unit, 
Accessed at: http://www.fs.usda.gov/ltbmu.
---------------------------------------------------------------------------
    The Lake is threatened by pollution, drought, and 
wildfires. Due to pollution and sedimentation, the Lake is 
losing its treasured clarity. Clarity has degraded from over 
100 feet in the 1960's to an annual average depth of 67.7 
feet.\3\ Urbanization of the basin has eliminated 75% of its 
marshes, 50% of its meadows, and 35% of its stream zone 
habitat.\4\ Fire suppression in the Tahoe Basin has harmed the 
ecological health of its forests making them highly vulnerable 
to insect, disease and catastrophic wildfire.\5\
---------------------------------------------------------------------------
    \3\U.S. Geological Survey, Facts about Lake Tahoe, Accessed at: 
http://tahoe.usgs.gov/facts.html.
    \4\Editors, UC scientists alert Clinton to Lake Tahoe's woes, 
California Agriculture 51(5):4-5, Accessed at: http://ucanr.org/
repository/cao/landingpage.cfm?article= ca.v051n05p4&fulltext=yes 
(1997).
    \5\Tahoe Regional Planning Agency, Restoration in Progress: 
Environmental Improvement Program Update, Accessed at: http://
www.trpa.org/documents/docdwnlds/EIP/Update/EIP_(``Restoration in 
Progress'') (2010).
---------------------------------------------------------------------------
    In the 1960s, leaders in California and Nevada approved a 
bi-state compact that created a regional planning agency to 
oversee development at Lake Tahoe. In 1969, the United States 
Congress ratified the agreement and created the Tahoe Regional 
Planning Agency (TRPA). The Compact was revised in 1980 to give 
TRPA authority to adopt environmental quality standards known 
as thresholds and to enforce ordinances to achieve the 
thresholds.\6\ In 1997, TRPA created the Environmental 
Improvement Plan (EIP), which involved 50 state, federal, and 
local agencies and included capital improvement, research, and 
maintenance projects to restore Lake clarity and the Basin's 
environment.\7\
---------------------------------------------------------------------------
    \6\Tahoe Regional Planning Agency, About TRPA, Accessed at: http://
www.trpa.org/default.aspx?tabindex=0&tabid=3 (2012).
    \7\``Restoration in Progress''
---------------------------------------------------------------------------
    A 1997 Presidential Executive Order created the Lake Tahoe 
Federal Interagency Partnership to lead a 10-year clean-up 
effort. As part of this partnership, Congress passed the Lake 
Tahoe Restoration Act (P.L. 106-506; 114 Stat. 2358), which was 
originally passed in 2000 and authorized $300 million over ten 
years to restore the Lake. The funding supported land 
acquisition, erosion control, forest management, fire 
suppression, and improving local watersheds and water 
quality.\8\ The 2000 Lake Tahoe Restoration Act has enabled 
over 270 environmental projects and restoration activities 
around the Lake.\9\
---------------------------------------------------------------------------
    \8\U.S. Forest Service, Lake Tahoe Basin Management Unit: 
Partnerships, Accessed at: http://www.fs.usda.gov/wps/portal/
fsinternet/!ut/p/c4/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjA whwtDDw9--
AI8zPyhQoY6BdkOyoCAGixyPg!/?ss=110519&navtype=BROWSEBYSUBJECT& 
cid=FSM9--046609&navid=140110000000000&pnavid=140000000000000&position=F
eature* &ttype=detail&pname=Lake%2520Tahoe%2520Basin%2520Mgt%2520Unit-
%2520Partnerships (``Partnerships'').
    \9\``Restoration in Progress''.
---------------------------------------------------------------------------
    In 2003, Congress established an ongoing source of funding 
for Tahoe restoration efforts. Proceeds from federal land sales 
in the Las Vegas area are set aside to fund the annual federal 
contribution to the restoration of the basin.\10\
---------------------------------------------------------------------------
    \10\``Partnerships''.
---------------------------------------------------------------------------
    Introduced by Senator Feinstein on March 2, 2011, and co-
sponsored by Senators Reid, Boxer, and former-Senator Ensign, 
the Lake Tahoe Restoration Act of 2011 is a reauthorization of 
the expiring legislation passed in 2000. S. 432 authorizes $415 
million over ten years to combat invasive species, improve 
water clarity, reduce the threat of catastrophic wildfire, and 
restore the environment.

                     Objectives of the Legislation

    This bill will amend the Lake Tahoe Restoration Act to 
authorize $415 million over ten years to combat invasive 
species, improve water clarity, reduce the threat of 
catastrophic wildfire, and restore the environment of the Lake 
Tahoe Basin.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 notes that this Act may be cited as the ``Lake 
Tahoe Restoration Act of 2011''.

Section 2. Findings and purposes

    Section 2 amends the Lake Tahoe Restoration Act by updating 
its ``Findings and Purposes'' section to include relevant 
findings and actions since 2000, including references to the 
2008 and 2009 Lake Tahoe Forums and updated estimates of the 
level of support provided by the Federal Government, the States 
of California and Nevada, units of local government and the 
private sector to the Lake Tahoe Basin since 1997.

Section 3. Definitions

    Section 3 amends the Lake Tahoe Restoration Act by revising 
and expanding the definitions sections to include additional 
terms.

Section 4. Administration of the Lake Tahoe Basin Management Unit

    Section 4 amends Section 4 of the Lake Tahoe Restoration 
Act to add subsections ``(c)'' through ``(g)'', which include 
additional requirements and authorities for the management of 
the Lake Tahoe Basin.
    Subsection ``(c)'' requires the Lake Tahoe Basin Management 
Unit to manage vehicular parking and traffic in the Unit with 
priority given to improving public access, including 
prioritization of alternatives to the private automobile; 
coordination with state transportation agencies, and providing 
support to local public transit systems. This section also 
authorizes the Secretary of Agriculture, acting through the 
Chief of the U.S. Forest Service (Secretary), to enter into an 
agreement with the Secretary of Transportation to secure 
operating and capital funds for the National Forest Transit 
Program.
    Subsection ``(d)'' requires the Secretary to coordinate 
with the Administrator of the Environmental Protection Agency 
(Administrator) as well as State and local agencies and 
organizations, including local fire departments and volunteer 
groups.
    This subsection also requires the Secretary to: (1) conduct 
forest management activities in the Lake Tahoe Basin in a 
manner that helps achieve and maintain the environmental 
threshold carrying capacities established by the Tahoe Regional 
Planning Agency (Agency) and attains multiple ecosystem 
benefits, unless the attainment of such benefits would 
excessively increase the project's cost in relation to the 
additional benefits gained; (2) establish post-project ground 
condition criteria for ground disturbance caused by forest 
management activities; and (3) provide for monitoring to 
ascertain the attainment of such conditions.
    Subsection ``(e)'' withdraws federal land located in the 
Unit from: (1) all forms of entry, appropriation, or disposal 
under the public land laws; (2) location, entry, and patent 
under the mining laws; and (3) disposition under all laws 
relating to mineral and geothermal leasing.
    Subsection ``(f)'' requires the Lake Tahoe Basin Management 
Unit to support the attainment of environmental threshold 
carrying capacities.
    Subsection ``(g)'' allows the Secretary to enter into 
contracts or 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 Lake Tahoe 
basin projects or programs. This authority is supplemental to 
all other cooperative authorities of the Secretary.
    This subsection also requires the Secretary to submit a 
report to Congress regarding the management of the Lake Tahoe 
Basin Management Unit Urban Lots Program not later than two 
years after the date of enactment of this Act.

Section 5. Consultation

    Section 5 amends Section 5 of the Lake Tahoe Restoration 
Act to require the Secretary of Agriculture, the Administrator 
of the EPA, and the Director of the US Fish and Wildlife 
Service to regularly consult with the heads of the Washoe 
Tribe, applicable Federal, State, regional, and local 
governmental agencies, and the Lake Tahoe Federal Advisory 
Committee to ensure effective implementation this Act.

Section 6. Authorized projects

    Section 6 replaces Section 6 of the Lake Tahoe Restoration 
Act and provides authorizations for the basin's highest 
priority projects and programs, including:
           $40 million for projects that capture and 
        treat sediment from the basin's urbanized areas, the 
        largest source of runoff that impacts lake clarity;
           $32 million to restore the basin's 
        watersheds and wildlife;
           $136 million for projects to improve forest 
        health and reduce the risk of catastrophic wildfire;
           $20.5 million for the basin's efforts to 
        control invasive species through inspection, treatment, 
        and prevention programs;
           $20 million to restore the Lahontan 
        Cutthroat Trout and other special status species; and
           $30 million to support the Lake Tahoe Basin 
        Program led by EPA.
    All projects authorized under this section must include 
funds for monitoring and assessment of the results and 
effectiveness of the project using the integrated multiagency 
performance measures established in the science program 
developed under section 11.

Section 7. Environmental restoration priority list

    Section 7 amends the Lake Tahoe Restoration Act by 
replacing ``Section 8'' and ``Section 9'' and adding new 
Sections 10-15.
    ``Section 8'' requires the Chair of the Lake Tahoe Federal 
Interagency Partnership, in consultation with the Secretary, 
the Director of the US Fish and Wildlife Service, the 
Administrator of the Environmental Protection Agency (EPA), the 
Tahoe Regional 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, to submit to Congress a prioritized list of all 
Environmental Improvement Program projects for the Basin. This 
priority list is developed based on a list of criteria, 
including the ability of the project to significantly 
contribute to achievement of environmental threshold carrying 
capacities.
    This section reserves a minimum share of funding authorized 
by the Act for implementation of projects included on the 
priority list.
    ``Section 9'' establishes a program led by the Director of 
the US Fish and Wildlife Service in coordination with the Tahoe 
Regional Planning Agency, the California Department of Fish and 
Game, and the Nevada Department of Wildlife to deploy 
strategies for preventing the introduction of aquatic invasive 
species into the Lake Tahoe Basin, including inspection and 
decontamination of vessels. The strategies developed apply to 
all watercraft to be launched on water within the Basin. This 
section also provides authority to assess fees to support 
decontamination efforts and establishes civil penalties for 
launching a vessel not in compliance with the strategies set 
forth in this section.
    ``Section 10'' allows the Assistant Secretary of the Army 
(Civil Works) who oversees the US Army Corps of Engineers to 
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
    ``Section 11'' requires the Administrator to implement a 
Lake Tahoe Program that includes: (1) developing and updating 
an integrated multiagency programmatic assessment and 
monitoring plan and evaluating the effectiveness of the 
Agency's Environmental Improvement Program; and (2) providing 
support to governments in reducing pollutants that contribute 
to the loss of lake clarity.
    ``Section 12'' directs the Secretary, Administrator, and 
Director of the US Fish and Wildlife Service to coordinate with 
the Tahoe Regional Planning Agency to conduct public education 
and outreach programs.
    ``Section 13'' directs the Administrator, in consultation 
with the Chair of the Lake Tahoe Federal Interagency 
Partnership, the Secretary, the Director of the US Fish and 
Wildlife Service, the Tahoe Regional Planning Agency, and the 
States of California and Nevada, to provide an annual report to 
Congress on: the status of Federal, state, and local projects 
authorized by the Act; Federal, state and local expenditures, 
monitoring and assessment, and public outreach and education.
    ``Section 14'' directs the Federal agencies involved in 
restoration of Lake Tahoe to prepare and submit an annual 
cross-cut budget to Congress that outlines each Federal 
agency's responsibilities and provides a detailed accounting of 
funds used by Federal agencies in the preceding year to 
implement the Environmental Improvement Program.
    ``Section 15'' provides for the establishment of a grant to 
develop a Basin watershed strategy.

Section 8. Relationship to other laws

    Section 8 amends ``Section 17'' of the Lake Tahoe 
Restoration Act (as redesignated by section 7(2)) by inserting 
``, Director, or Administrator'' after ``Secretary''.

Section 9. Authorization of appropriations

    Section 9 amends ``Section 18'' of the Lake Tahoe 
Restoration Act by authorizing $415,000,000 to be appropriated 
over the next 10 years to implement the Act.

Section 10. Conforming amendments

    Section 10 amends Section 3(b) of P.L. 96-586 (94 Stat. 
3384) to clarify the Secretary of Agriculture's authority to 
transfer or acquire land or interest in land within the Lake 
Tahoe Basin Management Unit with appropriate units of State 
government.

                          Legislative History

    Introduced by Senator Feinstein (D-CA) on March 2, 2011, 
and co-sponsored by Senators, Reid (D-NV) and Boxer (D-CA) and 
former-Senator Ensign (R-NV), the Lake Tahoe Restoration Act of 
2011 is a reauthorization of the expiring Lake Tahoe 
Restoration Act. The bill was received, read twice, and 
referred to the Senate Committee on Environment and Public 
Works.
    On December 8, 2011, the Full Committee met to discuss a 
number of bills including S. 432. During this meeting, the 
Committee considered the bill and adopted an amendment offered 
by Senator Boxer that clarifies provisions in the bill that 
relate to research on the effects of changing temperature and 
precipitation on the health of Lake Tahoe. S. 432 was ordered 
to be reported favorably with an amendment by voice vote with 
Sen. Inhofe recorded as ``No''.

                                Hearings

    In the 111th Congress, on February 24, 2010, the Full 
Senate Committee on Environment and Public Works and the 
Subcommittee on Water and Wildlife held a joint legislative 
hearing on Great Water Bodies bills (i.e., Lake Tahoe, Puget 
Sound, Long Island Sound, Columbia River Basin, and the Great 
Lakes), including the previous version of S. 432. In addition 
to Senators Reid, Feinstein, and former-Senator Ensign, the 
Committee also heard testimony from the EPA Assistant 
Administrator for Water, the USDA Under Secretary for Natural 
Resources and Environment and the Executive Director of the 
California Tahoe Conservancy--all of whom expressed support for 
the bill.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 432 on December 8, 2011. The bill was ordered to be 
reported favorably with an amendment by voice vote with Sen. 
Inhofe recorded as ``No''.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 432 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``S. 432 would impose an 
intergovernmental and private-sector mandate as defined in 
UMRA.'' However, CBO also estimates, ``. . . that the cost to 
comply with the mandate would be minimal and would fall 
significantly below the annual thresholds established in UMRA 
for intergovernmental and private-sector mandates ($73 million 
and $146 million in 2012, respectively, adjusted annually for 
inflation).''

                                                   January 5, 2012.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 432, the Lake Tahoe 
Restoration Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 432--Lake Tahoe Restoration Act of 2011

    Summary: S. 432 would authorize appropriations to restore 
the ecological health of the Lake Tahoe Basin in California and 
Nevada. The authorized funds would be available to the Forest 
Service, the U.S. Fish and Wildlife Service (USFWS), and other 
federal agencies for projects that reduce the risk of fire, 
provide assistance to state and local governments for water 
management, and protect against invasive species.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 432 would cost $234 million over 
the 2012-2017 period and $231 million after 2017. Enacting the 
legislation could increase offsetting receipts (from inspection 
fees) and associated direct spending as well as revenues (from 
civil penalties); therefore, pay-as-you-go procedures apply. 
However, CBO estimates that the net effects of new offsetting 
receipts, spending, and revenues would be negligible in any 
year.
    S. 432 would impose an intergovernmental and private-sector 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
on owners and operators of watercraft used in the Lake Tahoe 
Basin. CBO estimates that the cost of the mandate would fall 
significantly below the annual thresholds established in UMRA 
for intergovernmental and private-sector mandates ($73 million 
and $146 million in 2012, respectively, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 432 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2012     2013     2014     2015     2016     2017   2012-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Forest Service Programs:
    Estimated Authorization Level..............        0       14       14       14       14       14        68
    Estimated Outlays..........................        0       10       14       14       14       14        64
Environmental Protection Agency Programs:
    Estimated Authorization Level..............        0       10       10       10       10       10        51
    Estimated Outlays..........................        0        7        9       10       10       10        45
U.S. Fish and Wildlife Service Programs:
    Estimated Authorization Level..............        0        4        4        4        4        4        20
    Estimated Outlays..........................        0        3        4        4        4        4        19
Tahoe Federal Interagency Partnership Projects:
    Estimated Authorization Level..............        0       14       14       14       14       14        68
    Estimated Outlays..........................        0       10       14       14       14       14        64
U.S. Army Corps of Engineers Programs:
    Estimated Authorization Level..............       10       10       10       10       10        0        50
    Estimated Outlays..........................        3        6        8        9       10        7        42
    Total Changes:
        Estimated Authorization Level..........       10       51       51       51       51       41       257
        Estimated Outlays......................        3       34       47       50       51       48      234
----------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted early in 2012 and that the 
authorized amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
ongoing and similar activities.

Spending subject to appropriation

    Section 9 would authorize the appropriation of $415 million 
over the 10-year period beginning in 2013 for several federal 
agencies to perform ecological restoration activities in the 
Lake Tahoe Basin. CBO assumes that those amounts would be 
appropriated evenly over the 10-year period.
    Of the amounts authorized under section 9, $136 million 
would be available to the Forest Service for projects to reduce 
the risk of fire in the Lake Tahoe Basin. An additional $102 
million would be authorized for the Environmental Protection 
Agency to make grants to state and local governments for 
certain water management projects and to establish an 
environmental research program. Finally, an authorization of 
$41 million would support USFWS activities to protect against 
invasive species and to restore native species to the Lake 
Tahoe Basin. Remaining funds, authorized by section 9 and not 
allocated for the above purposes ($136 million), would be 
available to carry out restoration projects identified by the 
Tahoe Federal Interagency Partnership (a collaborative group of 
five federal agencies with management or jurisdictional 
authorities in the Lake Tahoe region). Assuming appropriation 
of the authorized amounts, CBO estimates that implementing 
those provisions would cost $192 million over the 2013-2017 
period and $223 million after 2017.
    Section 10 would authorize the appropriation of $50 million 
for the U.S. Army Corps of Engineers to assist nonfederal 
entities that construct water-related infrastructure in the 
Lake Tahoe Basin. Under current law, the agency is authorized 
to receive a total of $25 million in appropriations for those 
purposes, of which about $16 million has already been provided. 
Under the bill, we estimate that the agency would be authorized 
to receive additional appropriations of $10 million annually 
over the 2012-2016 period. CBO estimates that implementing this 
provision would cost $42 million over the 2012-2017 period and 
$8 million after 2017.

Direct spending and revenues

    S. 432 would require the USFWS to ensure that watercraft 
are decontaminated prior to launching in waters of the Lake 
Tahoe Basin so that organisms from other bodies of water do not 
contaminate the basin. The bill would authorize the agency to 
establish inspection and decontamination stations within the 
basin and to certify nonfederal entities to operate similar 
facilities. The bill also would allow any entity performing 
those activities to collect and spend fees to cover the cost of 
operating those facilities. CBO estimates that the collection 
and expenditure of such fees would have no significant net 
impact on federal direct spending in any year.
    The bill also would establish civil penalties for 
individuals who launch watercraft in the Lake Tahoe Basin that 
have not been inspected and decontaminated in accordance with 
standards established by the USFWS. Any penalties collected 
would be recorded as revenues in the budget and deposited into 
the general fund of the U.S. Treasury. Based on information 
obtained from the USFWS, CBO estimates that annual revenues 
from those civil penalties would not be significant.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 432 could increase offsetting receipts (from 
inspection fees) and associated direct spending. The bill also 
could increase revenues (from civil penalties); therefore, pay-
as-you-go procedures apply. However, CBO estimates that any 
increase in offsetting receipts would be offset by similar 
increases in direct spending and any new revenues from 
penalties would be minimal.
    Intergovernmental and private-sector impact: S. 432 would 
impose an intergovernmental and private-sector mandate as 
defined in UMRA. The bill would require owners and operators of 
watercraft to submit their watercraft for inspection and 
decontamination of invasive species prior to launch in waters 
of the Lake Tahoe Basin. The bill also would require that 
owners and operators of watercraft maintain documentation of 
inspections while in the basin and pay any fees associated with 
decontamination. Because the regional agency for the Lake Tahoe 
Basin currently subjects watercraft to inspection requirements 
and fees, most owners and operators would already be in 
compliance with the bill's requirements. Therefore, CBO 
estimates that the cost to comply with the mandate would be 
minimal and would fall significantly below the annual 
thresholds established in UMRA for intergovernmental and 
private-sector mandates ($73 million and $146 million in 2012, 
respectively, adjusted annually for inflation).
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


Public Law 106-506

           *       *       *       *       *       *       *



[SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 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 water temperature and 
                precipitation; 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
                  (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.

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

SEC. 3. DEFINITIONS.

  In this Act:
          (1) Administrator.--The term `Administrator' means 
        the Administrator of the Environmental Protection 
        Agency.
          (2) Assistant secretary.--The term `Assistant 
        Secretary' means the Assistant Secretary of the Army 
        for Civil Works.
          (3) Chair.--The term `Chair' means the Chair of the 
        Federal Partnership.
          (4) Compact.--The term `Compact' means the Tahoe 
        Regional Planning Compact included in the first section 
        of Public Law 96-551 (94 Stat. 3233).
          (5) Director.--The term `Director' means the Director 
        of the United States Fish and Wildlife Service.
          (6) Environmental improvement program.--The term 
        `Environmental Improvement Program' means--
                  (A) the Environmental Improvement Program 
                adopted by the Planning Agency; and
                  (B) any amendments to the Program.
          (7) Environmental threshold carrying capacity.--The 
        term `environmental threshold carrying capacity' has 
        the meaning given the term in article II of the 
        compact.
          (8) Federal partnership.--The term `Federal 
        Partnership' means the Lake Tahoe Federal Interagency 
        Partnership established by Executive Order 13957 (62 
        Fed. Reg. 41249) (or a successor Executive order).
          (9) Forest management activity.--The term `forest 
        management activity' includes--
                  (A) prescribed burning for ecosystem health 
                and hazardous fuels reduction;
                  (B) mechanical and minimum tool treatment;
                  (C) road decommissioning or reconstruction;
                  (D) stream environment zone restoration and 
                other watershed and wildlife habitat 
                enhancements;
                  (E) nonnative invasive species management; 
                and
                  (F) other activities consistent with Forest 
                Service practices, as the Secretary determines 
                to be appropriate.
          (10) National wildland fire code.--The term `national 
        wildland fire code' means--
                  (A) the most recent publication of the 
                National Fire Protection Association codes 
                numbered 1141, 1142, 1143, and 1144;
                  (B) the most recent publication of the 
                International Wildland-Urban Interface Code of 
                the International Code Council; or
                  (C) any other code that the Secretary 
                determines provides the same, or better, 
                standards for protection against wildland fire 
                as a code described in subparagraph (A) or (B).
          (11) Planning agency.--The term `Planning Agency' 
        means the Tahoe Regional Planning Agency established 
        under Public Law 91-148 (83 Stat. 360) and Public Law 
        96-551 (94 Stat. 3233).
          (12) Priority list.--The term `Priority List' means 
        the environmental restoration priority list developed 
        under section 8.
          (13) Secretary.--The term `Secretary' means the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service.
          (14) Total maximum daily load.--The term `total 
        maximum daily load' means the total maximum daily load 
        allocations adopted under section 303(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1313(d)).
          (15) Stream environment zone.--The term `Stream 
        Environment Zone' means an area that generally owes the 
        biological and physical characteristics of the area to 
        the presence of surface water or groundwater.
          (16) Watercraft.--The term `watercraft' means 
        motorized and non-motorized watercraft, including 
        boats, personal watercraft, kayaks, and canoes.

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

  (a) In General.--The Lake Tahoe Basin Management Unit shall 
be administered by the Secretary in accordance with this Act 
and the laws applicable to the National Forest System.
  (b) Relationship to Other Authority.--
          (1) Private or non-federal land.--Nothing in this Act 
        grants regulatory authority to the Secretary over 
        private or other non-Federal land.
          (2) Planning agency.--Nothing in this Act affects or 
        increases the authority of the Planning Agency.
          (3) Acquisition under other law.--Nothing in this Act 
        affects the authority of the Secretary to acquire land 
        from willing sellers in the Lake Tahoe [basin] Basin 
        under any other law.
  (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 
                                water temperature and 
                                precipitation; and
                          (ii) helps achieve and maintain the 
                        environmental threshold carrying 
                        capacities established by the Planning 
                        Agency.
                  (B) Exception.--Notwithstanding clause 
                (A)(i), the attainment of multiple ecosystem 
                benefits shall not be required if the Secretary 
                determines that management for multiple 
                ecosystem benefits would excessively increase 
                the cost of a project in relation to the 
                additional ecosystem benefits gained from the 
                management activity.
          (3) Ground disturbance.--Consistent with applicable 
        Federal law and Lake Tahoe Basin Management Unit land 
        and resource management plan direction, the Secretary 
        shall--
                  (A) establish post-project ground condition 
                criteria for ground disturbance caused by 
                forest management activities; and
                  (B) provide for monitoring to ascertain the 
                attainment of the post-project conditions.
  (e) Withdrawal of Federal Land.--
          (1) In general.--Subject to valid existing rights and 
        paragraphs (2) and (3), the Federal land located in the 
        Lake Tahoe Basin Management Unit is withdrawn from--
                  (A) all forms of entry, appropriation, or 
                disposal under the public land laws;
                  (B) location, entry, and patent under the 
                mining laws; and
                  (C) disposition under all laws relating to 
                mineral and geothermal leasing.
          (2) Determination.--
                  (A) In general.--The withdrawal under 
                paragraph (1) shall be in effect until the date 
                on which the Secretary, after conducting a 
                review of all Federal land in the Lake Tahoe 
                Basin Management Unit and receiving public 
                input, has made a determination on which 
                parcels of Federal land should remain 
                withdrawn.
                  (B) Requirements.--The determination of the 
                Secretary under subparagraph (A)--
                          (i) shall be effective beginning on 
                        the date on which the determination is 
                        issued;
                          (ii) may be altered by the Secretary 
                        as the Secretary determines to be 
                        necessary; and
                          (iii) shall not be subject to 
                        administrative renewal.
          (3) Exceptions.--A land exchange shall be exempt from 
        withdrawal under this subsection if carried out under--
                  (A) the Lake Tahoe Restoration Act (Public 
                Law 106-506; 114 Stat. 2351); or
                  (B) the Santini-Burton Act (Public Law 96-
                586; 94 Stat. 3381).
  (f) Environmental Threshold Carrying Capacity.--The Lake 
Tahoe Basin Management Unit shall support the attainment of the 
environmental threshold carrying capacities.
  (g) Cooperative Authorities.--
          (1) In general.--During the 4 fiscal years following 
        the date of enactment of the Lake Tahoe Restoration Act 
        of 2011, the Secretary, in conjunction with land 
        adjustment projects or programs, may enter into 
        contracts and cooperative agreements with States, units 
        of local government, and other public and private 
        entities to provide for fuel reduction, erosion 
        control, reforestation, Stream Environment Zone 
        restoration, and similar management activities on 
        Federal land and non-Federal land within the projects 
        or programs.
          (2) Report on land status.--
                  (A) In general.--Not later than 2 years after 
                the date of enactment of the Lake Tahoe 
                Restoration Act of 2011, the Secretary shall 
                submit to Congress a report regarding the 
                management of land in the Lake Tahoe Basin 
                Management Unit Urban Lots Program, including--
                          (i) a description of future plans and 
                        recent actions for land consolidation 
                        and adjustment; and
                          (ii) the identification of any 
                        obstacles to desired conveyances or 
                        interchanges.
                  (B) Inclusions.--The report submitted under 
                subparagraph (A) may contain recommendations 
                for additional legislative authority.
                  (C) Effect.--Nothing in this paragraph delays 
                the conveyance of parcels under--
                          (i) the authority of this Act; or
                          (ii) any other authority available to 
                        the Secretary.
          (3) Supplemental authority.--The authority of this 
        subsection is supplemental to all other cooperative 
        authorities of the Secretary.

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

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

SEC. 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. ENVIRONMENTAL RESTORATION PRIORITY LIST.

  [(a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall develop a priority 
list of potential or proposed environmental restoration 
projects for the Lake Tahoe Basin Management Unit.
  [(b) Development of Priority List.--In developing the 
priority list, the Secretary shall--
          [(1) use the best available science, including any 
        relevant findings and recommendations of the watershed 
        assessment conducted by the Forest Service in the Lake 
        Tahoe basin; and
          [(2) include, in order of priority, potential or 
        proposed environmental restoration projects in the Lake 
        Tahoe basin that--
                  [(A) are included in or are consistent with 
                the environmental improvement program adopted 
                by the Planning Agency in February 1998 and 
                amendments to the program;
                  [(B) would help to achieve and maintain the 
                environmental threshold carrying capacities 
                for--
                          [(i) air quality;
                          [(ii) fisheries;
                          [(iii) noise;
                          [(iv) recreation;
                          [(v) scenic resources;
                          [(vi) soil conservation;
                          [(vii) forest health;
                          [(viii) water quality; and
                          [(ix) wildlife.
  [(c) Focus in Determining Order of Priority.--In determining 
the order of priority of potential and proposed environmental 
restoration projects under subsection (b)(2), the focus shall 
address projects (listed in no particular order) involving--
          [(1) erosion and sediment control, including the 
        activities described in section 2(g) of Public Law 96-
        586 (94 Stat. 3381) (as amended by section 7 of this 
        Act);
          [(2) the acquisition of environmentally sensitive 
        land from willing sellers--
                  [(A) using funds appropriated from the land 
                and water conservation fund established under 
                section 2 of the Land and Water Conservation 
                Fund Act of 1965 (16 U.S.C. 460l-5); or
                  [(B) under the authority of Public Law 96-586 
                (94 Stat. 3381);
          [(3) fire risk reduction activities in urban areas 
        and urban-wildland interface areas, including high 
        recreational use areas and urban lots acquired from 
        willing sellers under the authority of Public Law 96-
        586 (94 Stat. 3381);
          [(4) cleaning up methyl tertiary butyl ether 
        contamination; and
          [(5) the management of vehicular parking and traffic 
        in the Lake Tahoe Basin Management Unit, especially--
                  [(A) improvement of public access to the Lake 
                Tahoe basin, including the promotion of 
                alternatives to the private automobile;
                  [(B) the Highway 28 and 89 corridors and 
                parking problems in the area; and
                  [(C) cooperation with local public 
                transportation systems, including--
                          [(i) the Coordinated Transit System; 
                        and
                          [(ii) public transit systems on the 
                        north shore of Lake Tahoe.
  [(d) Monitoring.--The Secretary shall provide for continuous 
scientific research on and monitoring of the implementation of 
projects on the priority list, including the status of the 
achievement and maintenance of environmental threshold carrying 
capacities.
  [(e) Consistency With Memorandum of Understanding.--A project 
on the priority list shall be conducted in accordance with the 
memorandum of understanding signed by the Forest Supervisor and 
the Planning Agency on November 10, 1989, including any 
amendments to the memorandum as long as the memorandum remains 
in effect.
  [(f) Review of Priority List.--Periodically, but not less 
often than every 3 years, the Secretary shall--
          [(1) review the priority list;
          [(2) consult with--
                  [(A) the Tahoe Regional Planning Agency;
                  [(B) interested political subdivisions; and
                  [(C) the Lake Tahoe Water Quality and 
                Transportation Coalition;
          [(3) make any necessary changes with respect to--
                  [(A) the findings of scientific research and 
                monitoring in the Lake Tahoe basin;
                  [(B) any change in an environmental threshold 
                as determined by the Planning Agency; and
                  [(C) any change in general environmental 
                conditions in the Lake Tahoe basin; and
          [(4) submit to Congress a report on any changes made.
  [(g) Cleanup of Hydrocarbon Contamination.--
          [(1) In general.--
    [The Secretary shall, subject to the availability of 
appropriations, make a payment of $1,000,000 to the Tahoe 
Regional Planning Agency and the South Tahoe Public Utility 
District to develop and publish a plan, not later than 1 year 
after the date of the enactment of this Act, for the prevention 
and cleanup of hydrocarbon contamination (including 
contamination with MTBE) of the surface water and ground water 
of the Lake Tahoe basin.
          [(2) Consultation.--In developing the plan, the Tahoe 
        Regional Planning Agency and the South Tahoe Public 
        Utility District shall consult with the States of 
        California and Nevada and appropriate political 
        subdivisions.
          [(3) Willing sellers.--The plan shall not include any 
        acquisition of land or an interest in land except an 
        acquisition from a willing seller.
  [(h) Authorization of Appropriations.--There is authorized to 
be appropriated, for the implementation of projects on the 
priority list and the payment identified in subsection (g), 
$20,000,000 for the first fiscal year that begins after the 
date of the enactment of this Act and for each of the 9 fiscal 
years thereafter.]

SEC. 6. AUTHORIZED PROJECTS.

  (a) In General.--The Secretary, the Director, and the 
Administrator, in coordination with the Planning Agency and the 
States of California and Nevada, may carry out or provide 
financial assistance to any project or program described in 
subsection (c) or included in the Priority List under section 8 
to further the purposes of the Environmental Improvement 
Program if the project has been subject to environmental review 
and approval, respectively, as required under Federal law, 
article 7 of the Compact, and State law, as applicable. The 
Administrator shall use no more than 3 percent of the funds 
provided for administering the projects or programs described 
in subsection (c) (1) and (2).
  (b) Monitoring and Assessment.--All projects authorized under 
subsection (c) and section 8 shall--
          (1) include funds for monitoring and assessment of 
        the results and effectiveness at the project and 
        program level consistent with the program developed 
        under section 11; and
          (2) use the integrated multiagency performance 
        measures established under that section.
  (c) Description of Activities.--
          (1) Stormwater management, erosion control, and total 
        maximum daily load implementation.--Of the amounts made 
        available under section 18(a), $40,000,000 shall be 
        made available for grants by the Administrator for the 
        Federal share of the following projects:
                  (A) Bijou Stormwater Improvement Project in 
                the City of South Lake Tahoe, California.
                  (B) Christmas Valley Stormwater Improvement 
                Project in El Dorado County, California.
                  (C) Kings Beach Watershed Improvement Project 
                in Placer County, California.
                  (D) Lake Forest Stormwater and Watershed 
                Improvement Project in Placer County, 
                California.
                  (E) Crystal Bay Stormwater Improvement 
                Project in Washoe County, Nevada.
                  (F) Washoe County Stormwater Improvement 
                Projects 4, 5, and 6 in Washoe County, Nevada.
                  (G) Upper and Lower Kingsbury Project in 
                Douglas County, Nevada.
                  (H) Lake Village Drive-Phase II Stormwater 
                Improvement in Douglas County, Nevada.
                  (I) State Route 28 Spooner to Sand Harbor 
                Stormwater Improvement, Washoe County, Nevada.
                  (J) State Route 431 Stormwater Improvement, 
                Washoe County, Nevada.
          (2) Stream environment zone and watershed 
        restoration.--Of the amounts made available under 
        section 18(a), $32,000,000 shall be made available for 
        grants by the Administrator for the Federal share of 
        the following projects:
                  (A) Upper Truckee River and Marsh Restoration 
                Project.
                  (B) Upper Truckee River Mosher, Reaches 1 & 
                2.
                  (C) Upper Truckee River Sunset Stables.
                  (D) Lower Blackwood Creek Restoration 
                Project.
                  (E) Ward Creek.
                  (F) Third Creek/Incline Creek Watershed 
                Restoration.
                  (G) Rosewood Creek Restoration Project.
          (3) Fire risk reduction and forest management.--
                  (A) In general.--Of the amounts made 
                available under section 18(a), $136,000,000 
                shall be made available for assistance by the 
                Secretary for the following projects:
                          (i) Projects identified as part of 
                        the Lake Tahoe Basin Multi-
                        Jurisdictional Fuel Reduction and 
                        Wildfire Prevention Strategy 10-Year 
                        Plan.
                          (ii) Competitive grants for fuels 
                        work to be awarded by the Secretary to 
                        communities that have adopted national 
                        wildland fire codes to implement the 
                        applicable portion of the 10-year plan 
                        described in clause (i).
                          (iii) Biomass projects, including 
                        feasibility assessments and 
                        transportation of materials.
                          (iv) Angora Fire Restoration projects 
                        under the jurisdiction of the 
                        Secretary.
                          (v) Washoe Tribe projects on tribal 
                        lands within the Lake Tahoe Basin.
                  (B) Multiple benefit fuels projects.--
                Consistent with the requirements of section 
                4(d)(2), not more than $10,000,000 of the 
                amounts made available to carry out 
                subparagraph (A) shall be available to the 
                Secretary for the planning and implementation 
                of multiple benefit fuels projects with an 
                emphasis on restoration projects in Stream 
                Environment Zones.
                  (C) Minimum allocation.--Of the amounts made 
                available to carry out subparagraph (A), at 
                least $80,000,000 shall be made available to 
                the Secretary for projects under subparagraph 
                (A)(i).
                  (D) Priority.--Units of local government that 
                have dedicated funding for inspections and 
                enforcement of defensible space regulations 
                shall be given priority for amounts provided 
                under this paragraph.
                  (E) Cost-sharing requirements.--
                          (i) In general.--As a condition on 
                        the receipt of funds, communities or 
                        local fire districts that receive funds 
                        under this paragraph shall provide a 25 
                        percent match.
                          (ii) Form of non-federal share.--
                                  (I) In general.--The non-
                                Federal share required under 
                                clause (i) may be in the form 
                                of cash contributions or in-
                                kind contributions, including 
                                providing labor, equipment, 
                                supplies, space, and other 
                                operational needs.
                                  (II) Credit for certain 
                                dedicated funding.--There shall 
                                be credited toward the non-
                                Federal share required under 
                                clause (i) any dedicated 
                                funding of the communities or 
                                local fire districts for a 
                                fuels reduction management 
                                program, defensible space 
                                inspections, or dooryard 
                                chipping.
                                  (III) Documentation.--
                                Communities and local fire 
                                districts shall--
                                          (aa) maintain a 
                                        record of in-kind 
                                        contributions that 
                                        describes--
                                                  (AA) the 
                                                monetary value 
                                                of the in-kind 
                                                contributions; 
                                                and
                                                  (BB) the 
                                                manner in which 
                                                the in-kind 
                                                contributions 
                                                assist in 
                                                accomplishing 
                                                project goals 
                                                and objectives; 
                                                and
                                          (bb) document in all 
                                        requests for Federal 
                                        funding, and include in 
                                        the total project 
                                        budget, evidence of the 
                                        commitment to provide 
                                        the non-Federal share 
                                        through in-kind 
                                        contributions.
          (4) Invasive species management.--Of the amounts to 
        be made available under section 18(a), $20,500,000 
        shall be made available to the Director for the Aquatic 
        Invasive Species Program and the watercraft inspections 
        described in section 9.
          (5) Special status species management.--Of the 
        amounts to be made available under section 18(a), 
        $20,000,000 shall be made available to the Director for 
        the Lahontan Cutthroat Trout Recovery Program.
          (6) Lake tahoe basin program.--Of the amounts to be 
        made available under section 18(a), $30,000,000 shall 
        be used to develop and implement the Lake Tahoe Basin 
        Program developed under section 11.
  (d) Use of Remaining Funds.--Any amounts made available under 
section 18(a) that remain available after projects described in 
subsection (c) have been funded shall be made available for 
projects included in the Priority List under section 8.

SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.

           *       *       *       *       *       *       *


SEC. 8. ENVIRONMENTAL RESTORATION PRIORITY LIST.

  (a) Funding.--Subject to section 6(d), of the amounts to be 
made available under section 18(a), at least $136,000,000 shall 
be made available for projects identified on the Priority List.
  (b) Deadline.--Not later than February 15 of the year after 
the date of enactment of the Lake Tahoe Restoration Act of 
2011, the Chair, in consultation with the Secretary, the 
Administrator, the Director, the Planning Agency, the States of 
California and Nevada, the Federal Partnership, the Washoe 
Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe 
Science Consortium shall submit to Congress a prioritized list 
of all Environmental Improvement Program projects for the Lake 
Tahoe Basin, regardless of program category.
  (c) Criteria.--
          (1) In general.--The priority of projects included in 
        the Priority List shall be based on the best available 
        science and the following criteria:
                  (A) The 5-year threshold carrying capacity 
                evaluation.
                  (B) The ability to measure progress or 
                success of the project.
                  (C) The potential to significantly contribute 
                to the achievement and maintenance of the 
                environmental threshold carrying capacities 
                identified in the Compact for--
                          (i) air quality;
                          (ii) fisheries;
                          (iii) noise;
                          (iv) recreation;
                          (v) scenic resources;
                          (vi) soil conservation;
                          (vii) forest health;
                          (viii) water quality; and
                          (ix) wildlife.
                  (D) The ability of a project to provide 
                multiple benefits.
                  (E) The ability of a project to leverage non-
                Federal contributions.
                  (F) Stakeholder support for the project.
                  (G) The justification of Federal interest.
                  (H) Agency priority.
                  (I) Agency capacity.
                  (J) Cost-effectiveness.
                  (K) Federal funding history.
          (2) Secondary factors.--In addition to the criteria 
        under paragraph (1), the Chair shall, as the Chair 
        determines to be appropriate, give preference to 
        projects in the Priority List that benefit existing 
        neighborhoods in the Basin that are at or below 
        regional median income levels, based on the most recent 
        census data available.
          (3) Erosion control projects.--For purposes of the 
        Priority List and section 6(c)(1), erosion control 
        projects shall be considered part of the stormwater 
        management and total maximum daily load program of the 
        Environmental Improvement Program. The Administrator 
        shall coordinate with the Secretary on such projects.
  (d) Revisions.--
          (1) In general.--The Priority List submitted under 
        subsection (b) shall be revised--
                  (A) every 4 years; or
                  (B) on a finding of compelling need under 
                paragraph (2).
          (2) Finding of compelling need.--
                  (A) In general.--If the Secretary, the 
                Administrator, or the Director makes a finding 
                of compelling need justifying a priority shift 
                and the finding is approved by the Secretary, 
                the Executive Director of the Planning Agency, 
                the California Natural Resources Secretary, and 
                the Director of the Nevada Department of 
                Conservation, the Priority List shall be 
                revised in accordance with this subsection.
                  (B) Inclusions.--A finding of compelling need 
                includes--
                          (i) major scientific findings;
                          (ii) results from the threshold 
                        evaluation of the Planning Agency;
                          (iii) emerging environmental threats; 
                        and
                          (iv) rare opportunities for land 
                        acquisition.

SEC. 9. AQUATIC INVASIVE SPECIES PREVENTION.

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

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

  (a) In General.--The Assistant Secretary may enter into 
interagency agreements with non-Federal interests in the Lake 
Tahoe Basin to use Lake Tahoe Partnership-Miscellaneous General 
Investigations funds to provide programmatic technical 
assistance for the Environmental Improvement Program.
  (b) Local Cooperation Agreements.--
          (1) In general.--Before providing technical 
        assistance under this section, the Assistant Secretary 
        shall enter into a local cooperation agreement with a 
        non-Federal interest to provide for the technical 
        assistance.
          (2) Components.--The agreement entered into under 
        paragraph (1) shall--
                  (A) describe the nature of the technical 
                assistance;
                  (B) describe any legal and institutional 
                structures necessary to ensure the effective 
                long-term viability of the end products by the 
                non-Federal interest; and
                  (C) include cost-sharing provisions in 
                accordance with paragraph (3).
          (3) Federal share.--
                  (A) In general.--The Federal share of project 
                costs under each local cooperation agreement 
                under this subsection shall be 65 percent.
                  (B) Form.--The Federal share may be in the 
                form of reimbursements of project costs.
                  (C) Credit.--The non-Federal interest may 
                receive credit toward the non-Federal share for 
                the reasonable costs of related technical 
                activities completed by the non-Federal 
                interest before entering into a local 
                cooperation agreement with the Assistant 
                Secretary under this subsection.

SEC. 11. LAKE TAHOE BASIN PROGRAM.

  The Administrator, in cooperation with the Secretary, the 
Planning Agency, the States of California and Nevada, and the 
Tahoe Science Consortium, shall develop and implement the Lake 
Tahoe Basin Program that--
          (1) develops and regularly updates an integrated 
        multiagency programmatic assessment and monitoring 
        plan--
                  (A) to evaluate the effectiveness of the 
                Environmental Improvement Program;
                  (B) to evaluate the status and trends of 
                indicators related to environmental threshold 
                carrying capacities; and
                  (C) to assess the impacts and risks of 
                changing climatic conditions water temperature 
                and precipitation 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 water 
        temperature and precipitation in the Lake Tahoe Basin.

SEC. 12. PUBLIC OUTREACH AND EDUCATION.

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

SEC. 13. REPORTING REQUIREMENTS.

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

SEC. 14. ANNUAL BUDGET PLAN.

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

SEC. 15. GRANT FOR WATERSHED STRATEGY.

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

[SEC. 8. FIRE RISK REDUCTION ACTIVITIES.

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

[SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.

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

SEC. [10] 16. AMENDMENT OF PUBLIC LAW 96-586.

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

SEC. [11] 17. RELATIONSHIP TO OTHER LAWS.

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

SEC. [12] [18. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

  (a) Funding.--
          (1) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this Act 
        $415,000,000 for a period of 10 fiscal years beginning 
        the first fiscal year after the date of enactment of 
        the Lake Tahoe Restoration Act of 2011.
          (2) Use of funds.--As of the date of enactment of the 
        Lake Tahoe Restoration Act of 2011, of the funds 
        authorized to be appropriated to be used to carry out 
        sections 6 and 7, the Secretary may use such sums as 
        are necessary to implement projects on the Priority 
        List, to remain available until expended.
  (b) Effect on Other Funds.--Amounts authorized under this 
section and any amendments made by this Act--
          (1) shall be in addition to any other amounts made 
        available to the Secretary, Administrator, or Director 
        for expenditure in the Lake Tahoe Basin; and
          (2) shall not reduce allocations for other Regions of 
        the Forest Service, Environmental Protection Agency, or 
        United States Fish and Wildlife Service.
  (c) Cost-Sharing Requirement.--Except as provided in 
subsection (d) and section 6(c)(3)(E), the States of California 
and Nevada shall pay 50 percent of the aggregate costs of 
restoration activities in the Lake Tahoe Basin funded under 
section 6 or 8.
  (d) Relocation Costs.--Notwithstanding subsection (c), the 
Secretary shall provide to local utility districts two-thirds 
of 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.

Public Law 98-586

           *       *       *       *       *       *       *



SEC. 1.

  (a) The Congress finds that--
          (1) the Bureau of Land Management has extensive land 
        ownership in small parcels interspersed with or 
        adjacent to private lands in urban areas of Clark 
        County, Nevada;
          (2) * * *

           *       *       *       *       *       *       *


SEC. 3.

  (a)(1) The Secretary of Agriculture is authorized to acquire 
by donation, purchase with donated or appropriated funds, or 
otherwise,lands and interests in lands which were unimproved as 
of the date of enactment of this Act (except as provided in 
subsection (c)),and which are environmentally sensitive lands 
within the meaning of paragraph (2). The funds used for 
acquisition of such lands and interests in lands shall be the 
funds authorized to be appropriated pursuant to this Act, and 
no such funds may be expended until the final map has been 
filed in accordance with paragraph (2)(B). Suchfunds shall be 
in addition to any other amounts available to the Secretary of 
Agriculture for expenditure in the Lake Tahoe Basin.
    (2)(A) * * *

           *       *       *       *       *       *       *

  [(b) Lands]
  (b) Administration of Acquired Land.--
          (1) In general.--Land acquired under this section 
        shall be administered as a part of the United States 
        National Forest System; except that the Secretary of 
        Agriculture, acting through the Chief of the Forest 
        Service, may, in the case of lands which are unsuitable 
        for Forest Service administration, transfer such lands 
        or interests therein to an appropriate unit of State or 
        local government with appropriate deed restrictions to 
        protect the environmental quality and public 
        recreational use of the lands concerned.
          (2) Interchange.--
                  (A) In general.--Notwithstanding paragraph 
                (1), the Secretary of Agriculture (acting 
                through the Chief of the Forest Service) 
                (referred to in this paragraph as the 
                `Secretary') may interchange (as defined in the 
                first section of Public Law 97-465 (16 U.S.C. 
                521c)) any land or interest in land within the 
                Lake Tahoe Basin Management Unit described in 
                subparagraph (B) with appropriate units of 
                State government.
                  (B) Eligible land.--The land or interest in 
                land referred to in subparagraph (A) is land or 
                an interest in land that the Secretary 
                determines is not subject to efficient 
                administration by the Secretary because of the 
                location or size of the land.
                  (C) Consideration.--In any interchange under 
                this paragraph, the Secretary shall accept land 
                within the Lake Tahoe Basin Management Unit of 
                approximately equal value (as defined in 
                accordance with section 6(2) of Public Law 97-
                465 (16 U.S.C. 521h)).
                  (D) Environmental analysis.--For the purposes 
                of any environmental analysis of an interchange 
                under this paragraph, the Secretary shall--
                          (i) assume the maintenance of the 
                        environmental status quo; and
                          (ii) not be required to individually 
                        assess each parcel that is managed 
                        under the Lake Tahoe Basin Management 
                        Unit Urban Lots Program.
                  (E) Use of land acquired by state 
                government.--In any interchange under this 
                paragraph, the Secretary shall--
                          (i) insert in the applicable deed 
                        such terms, covenants, conditions, and 
                        reservations as the Secretary 
                        determines to be necessary to ensure--
                                  (I) protection of the public 
                                interest, including protection 
                                of the ecological, scenic, 
                                wildlife, and recreational 
                                values of the National Forest 
                                System; and
                                  (II) the provision for 
                                appropriate access to, and use 
                                of, land within the National 
                                Forest System;
                                  (III) that land subject to 
                                exchange is monitored for 
                                compliance with subclauses (I) 
                                and (II); and
                                  (IV) if the land conveyed 
                                under this paragraph is used in 
                                a manner that is inconsistent 
                                with this section, the land 
                                shall, at the discretion of the 
                                Secretary, revert to the United 
                                States; or
                          (ii) reserve a conservation easement 
                        to ensure that the land conveyed is 
                        managed in accordance with subclauses 
                        (I) through (IV) of clause (i).
                  (F) Delegation of monitoring and enforcement 
                by transfer of conservation easement.--
                          (i) Definition of eligible entity.--
                        In this subparagraph, the term 
                        `eligible entity' means--
                                  (I) a conservation agency of 
                                a local government or an Indian 
                                tribe;
                                  (II) the Tahoe Regional 
                                Planning Agency; or
                                  (III) an organization that--
                                          (aa) is organized 
                                        for, and at all times 
                                        since the formation of 
                                        the organization, has 
                                        been operated 
                                        principally for 1 or 
                                        more of the 
                                        conservation purposes 
                                        specified in clause 
                                        (i), (ii), (iii), or 
                                        (iv) of section 
                                        170(h)(4)(A) of the 
                                        Internal Revenue Code 
                                        of 1986;
                                          (bb) is an 
                                        organization described 
                                        in section 501(c)(3) of 
                                        that Code that is 
                                        exempt from taxation 
                                        under section 501(a) of 
                                        that Code;
                                          (cc) is described in 
                                        paragraph (1) or (2) of 
                                        section 509(a) of that 
                                        Code; or
                                          (dd)(AA) is described 
                                        in section 509(a)(3) of 
                                        that Code; and
                                          (BB) is controlled by 
                                        an organization 
                                        described in section 
                                        509(a)(2) of that Code.
                          (ii) Delegation.--Subject to clause 
                        (iii), the Secretary may delegate to an 
                        eligible entity any monitoring and 
                        enforcement duties relating to a 
                        conservation easement under this 
                        paragraph by transferring title of 
                        ownership to an easement to an eligible 
                        entity to hold and enforce.
                          (iii) Restriction.--The Secretary may 
                        delegate monitoring or enforcement 
                        duties under clause (ii) if--
                                  (I) the Secretary retains the 
                                right to conduct periodic 
                                inspections and enforce the 
                                easement;
                                  (II) the Secretary determines 
                                that the transfer will promote 
                                protection of ecological, 
                                scenic, wildlife, and 
                                recreational values;
                                  (III) the eligible entity 
                                assumes the costs incurred in 
                                administering and enforcing the 
                                easement;
                                  (IV) the Secretary determines 
                                that the eligible entity has 
                                the resources necessary to 
                                carry out monitoring and 
                                enforcement activities; and
                                  (V) all delegated monitoring 
                                and enforcement duties revert 
                                to the Secretary if the 
                                eligible entity cannot perform 
                                the delegated duties, at the 
                                discretion of the Secretary.
                  (G) Transfer of land acquired by units of 
                state government.--Any unit of State government 
                that receives National Forest System land 
                through an interchange under this paragraph 
                shall not convey the land to any person or 
                entity other than the Federal Government or a 
                State government.

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Public Law 108-447

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SEC. 108.--LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.

  (a) Definition.--In this section, the term ``Lake Tahoe 
Basin'' means the entire watershed drainage of Lake Tahoe 
including that portion of the Truckee River 1,000 feet 
downstream from the United States Bureau of Reclamation dam in 
Tahoe City, California.
  (b) Establishment of Program.--* * *

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  (g) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section for the period 
beginning with fiscal year 2005, [$25,000,000] $75,000,000, to 
remain available until expended.

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