[Senate Report 117-85]
[From the U.S. Government Publishing Office]
Calendar No. 286
117th Congress } { Report
SENATE
2d Session } { 117-85
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LAKE TAHOE RESTORATION REAUTHORIZATION
_______
February 28, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1583]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1583), to reauthorize the Lake Tahoe
Restoration Act, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
Purpose
The purpose of S. 1583 is to reauthorize the Lake Tahoe
Restoration Act through September 30, 2034.
Background and Need
In 2000, Congress passed the Lake Tahoe Restoration Act
(Public Law 106-506), which authorized $300 million in funding
for environmental projects and habitat restoration around Lake
Tahoe. After a lapse in funding between 2010 and 2016, Congress
reauthorized the Act in section 3603 of the Water Resources
Development Act of 2016 (Public Law 114-322). This law
increased the authorization of appropriations to $415 million
and established the ``Environmental Improvement Program'' to
restore Lake Tahoe and the Tahoe Basin, and protect the region
from a number of threats. The law also funded priority programs
for fire risk reduction and forest management, aquatic invasive
species control, stormwater management, erosion projects, and
for the Lahontan Cutthroat Trout Recovery Program. As amended,
the Lake Tahoe Restoration Act is currently authorized through
December 2023. S. 1583 extends the authorization through
December 2034.
Legislative History
Senators Cortez Masto, Feinstein, Rosen, and Padilla
introduced S. 1583 on May 12, 2021. The Subcommittee on Public
Lands, Forests, and Mining held a hearing on the bill on
October 19, 2021. An identical bill, H.R. 3132, was introduced
by Representatives Amodei, Garamendi, Titus, Lee, and Horsford
on May 12, 2021. The subcommittee on National Parks, Forests,
and Public Lands held a hearing on this bill on July 13, 2021.
No further action was taken.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1583. Senator Lee asked to be recorded as voting no.
Section-by-Section Analysis
Section 1. Short title
This section contains the short title, the ``Lake Tahoe
Restoration Act.''
Section 2. Reauthorization of the Lake Tahoe Restoration Act
Subsection (a) extends the authorization for the Secretary
to enter into contracts and cooperative agreements with states,
local governments, and other public and private entities under
section 4(f) of the Lake Tahoe Restoration Act to provide for
fuel reduction, erosion control, reforestation, and other
management activities on federal and non-federal lands through
September 30, 2034.
Subsection (b) extends the authorization of appropriations
for the Lake Tahoe Restoration Act through September 30, 2034.
Cost and Budgetary Considerations
The Congressional Budget Office has not estimated the costs
of S. 1583 as passed by the Senate. The Committee has
requested, but has not yet received, the Congressional Budget
Office's estimate of the cost of S. 1583 as ordered reported.
When the Congressional Budget Office completes its cost
estimate, it will be posted on the Internet at www.cbo.gov.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1583. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 1583, as ordered reported.
Congressionally Directed Spending
S. 1583, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Executive Communications
The testimony of the U.S. Forest Service from the October
19, 2021, hearing on S. 1583 follows:
Statement of Christopher French, Deputy Chief, National Forest System,
U.S. Department of Agriculture, Forest Service
S. 1583, Lake Tahoe Restoration Reauthorization Act
The Lake Tahoe Restoration Act, P.L. No.106-506 authorized
$415,000,000 in appropriations for a period of seven fiscal
years, beginning the first fiscal year after the date of
enactment of the Water Resource Development Act of 2016. Of
that amount, $150,000,000 was authorized to carry out fire risk
reduction and forest management priority projects, with at
least $100,000,000 to be used for programs identified as part
of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and
Wildfire Prevention Strategy 10-Year Plan. Further,
$113,000,000 was authorized to support stormwater management,
erosion control, and total watershed restoration priority
projects. With much consultation and coordination, the Forest
Service has funded approximately $33 million in environmental
improvement projects within those two programs during this
time.
A significant amount of the appropriated funds authorized
under the Lake Tahoe Restoration Act have been delivered
through our cooperators as they increase our ability to
complete forest, watershed, erosion control and invasive plant
projects on both NFS and private lands. In addition, the agency
has greatly accelerated the pace and scale of forest
restoration activities through the use of the categorical
exclusion from documentation in an environmental assessment or
environmental impact statement in the Act. With the authority
to conduct mechanical thinning on up to 3,000 acres of NFS
lands around Lake Tahoe, the Forest Service has reduced the
timeframe for and cost of planning efforts, resulting in faster
implementation of projects. By coordinating with our
cooperators, we have minimized conflicts in project planning
and implementation.
S. 1583 reauthorizes the Lake Tahoe Restoration Act through
September 30, 2034. USDA supports the reauthorization as it
removes the four-year requirements to enter into contracts and
cooperative agreements with states, local governments, and
other public and private entities to provide for fuel
reduction, erosion control, reforestation, and other management
activities on federal and non-federal lands under the programs
outlined in the Act. We would like to work with the bill
sponsor to allow for the use of Southern Nevada Public Land
Management Act of 1998 funds to increase fuel reduction
activities on the environmentally sensitive urban lots acquired
under the Santini-Burton Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1583, as ordered 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
AN ACT To promote environmental restoration around the Lake Tahoe
basin.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the ``Lake Tahoe Restoration
Act''.
* * * * * * *
SEC. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANGAEMENT UNIT
(a) In General.--The Lake Tahoe Basin Management Unit shall
be administered by the Secretary in accordance with this Act
and the laws applicable to the National Forest System.
(b) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act
grants regulatory authority to the Secretary over
private or other non-Federal land.
(2) Planning agency.--Nothing in this Act affects or
increases the authority of the Planning Agency.
(3) Acquisition under other law.--Nothing in this Act
affects the authority of the Secretary to acquire land
from willing sellers in the Lake Tahoe Basin under any
other law.
(c) 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 biological
diversity;
(III) improving wetland and
water quality, including in
Stream Environment Zones; and
(IV) increasing resilience to
changing water temperature and
precipitation; and
(ii) helps achieve and maintain the
environmental threshold carrying
capacities established by the Planning
Agency.
(B) Exception. Notwithstanding subparagraph
(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 program 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-program ground condition
criteria for ground disturbance caused by
forest management activities; and
(B) provide for monitoring to ascertain the
attainment of the post-program conditions.
(4) Availability of categorical exclusion for certain
forest management projects.--A forest management
activity conducted in the Lake Tahoe Basin Management
Unit for the purpose of reducing forest fuels is
categorically excluded from the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) if the forest management activity--
(A) notwithstanding section 423 of the
Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2009
(division E of Public Law 111-8; 123 Stat.
748), does not exceed 10,000 acres, including
not more than 3,000 acres of mechanical
thinning;
(B) is developed--
(i) in coordination with impacted
parties, specifically including
representatives of local governments,
such as county supervisors or county
commissioners; and in consultation with
other interested parties; and
(ii) is consistent with the Lake
Tahoe Basin Management Unit land and
resource management plan.
(d) Withdrawal of Federal Land.--
(1) In general.--Subject to valid existing rights and
paragraph (2), the Federal land located in the Lake
Tahoe Basin Management Unit is withdrawn from--
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) disposition under all laws relating to
mineral and geothermal leasing.
(2) Exceptions.--A conveyance of land shall be exempt
from withdrawal under this subsection if carried out
under--
(A) this Act; or
(B) Public Law 96-586 (94 Stat. 3381)
(commonly known as the ``Santini Burton Act'').
(e) Environmental Threshold Carrying Capacity.--The Lake
Tahoe Basin Management Unit shall support the attainment of the
environmental threshold carrying capacities.
(f) Cooperative Authorities.--During the [4 fiscal years
following the date of enactment of the Water Resources
Development Act of 2016] period beginning on the date of
enactment of this subsection and ending on the date described
in section 10(a), the Secretary, in conjunction with land
adjustment 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 programs.
* * * * * * *
SEC. 10. AUTHORIZATION OF APPROPRIATIONS
(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $415,000,000 [for a
period of 7 fiscal years beginning the first fiscal year after
the date of enactment of the Water Resources Development Act of
2016.] to remain available until September 30, 2034.
* * * * * * *
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