[House Report 118-702]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-702
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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LAKE TAHOE RESTORATION REAUTHORIZATION ACT
_______
September 23, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany S. 612]
The Committee on Natural Resources, to whom was referred
the bill (S. 612) 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 of the Legislation
The purpose of S. 612 is to reauthorize the Lake Tahoe
Restoration Act, and for other purposes.
Background and Need for Legislation
Lake Tahoe has long been a driver of recreation and
economic growth for Nevada and California, attracting over 6.4
million visitors annually.\1\ For the past several decades, the
Lake Tahoe Basin has faced a confluence of threats, including
insects, disease, drought, invasive species, and catastrophic
wildfires. To address these challenges, the federal government,
Nevada and California, local governments, and private interests
have collectively invested nearly $2 billion since 1997 to
increase the Tahoe Basin's health and resiliency.\2\ In 2000,
Congress passed the Lake Tahoe Restoration Act, which
authorized $300 million to restore the lake and surrounding
basin. Congress reauthorized the bill in 2016 in the Water
Infrastructure Improvements for the Nation (WIIN) Act and
increased the authorization level to $415 million. The WIIN Act
also created a 10,000-acre categorical exclusion (CE) for the
U.S. Forest Service (USFS) to expedite forest management
projects in the Lake Tahoe Basin Management Unit. The expedited
forest treatments made possible by this CE have been literal
lifesavers. In 2021, the Caldor Fire was approaching South Lake
Tahoe when it reached areas treated under that special CE.\3\
The mega-fire, which had been moving rapidly as a crown fire,
began to slow, and the 150-foot flame lengths dropped to a more
manageable 15 feet when the fire entered the treatment area.\4\
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\1\National Forest Foundation, Lake Tahoe West Restoration
Partnership, https://www.nationalforests.org/regional-programs/
california-program/laketahoewest.
\2\Public Law 114-322, https://www.congress.gov/114/plaws/publ322/
PLAW-114publ322.pdf.
\3\Wildfire Today, ``Examining how fuel treatments affected
suppression of the Caldor Fire in California'', Bill Gabbert, October
8, 2021, https://wildfiretoday.com/2021/10/08/examining-how-fuel-
treatments-affected-suppression-of-the-caldor-fire-in-california/.
\4\Wildfire Today, ``Firefighters work to secure the Caldor Fire
near South Lake Tahoe'', Bill Gabbert, September 2, 2021, https://
wildfiretoday.com/tag/caldor-fire/.
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The Lake Tahoe Restoration Reauthorization Act extends the
period of time the $415 million authorized in 2016 can be spent
for ten additional years, until 2034. The bill also extends the
authorization for cooperative authorities to enter into
contracts and cooperative agreements with states and local
governments to provide fuel reduction, erosion control,
reforestation, Stream Environment Zone restoration, and other
activities. Reauthorizing these authorities will prevent an
interruption in conservation and restoration planning. The
Senate passed S. 612 by unanimous consent on July 11, 2024.
Representatives Mark Amodei (R-NV-2) and Kevin Kiley (R-CA-3)
are leading companion legislation in the House.
Committee Action
S. 612 was introduced on March 1, 2023, by Sen. Cortez
Masto (D-NV). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Federal Lands. The bill was also referred to the Committee on
Transportation and Infrastructure, and the Committee on
Agriculture. On September 18, 2024, the Subcommittee on Federal
Lands held a hearing on the bill. On September 19, 2024, the
Committee on Natural Resources met to consider the bill. The
Subcommittee on Federal Lands was discharged from further
consideration of S. 612. The bill was ordered favorably
reported to the House of Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Federal Lands held on September
18, 2024.
Section-by-Section Analysis
Section 1. Short title
Section 1 names the bill the ``Lake Tahoe Restoration
Reauthorization Act''.
Section 2. Reauthorization of the Lake Tahoe Restoration Act
Section 2 reauthorizes cooperative authorities under the
Lake Tahoe Restoration Act until September 30, 2034. Section 2
also extends the ability to spend $415 million in discretionary
appropriations on Lake Tahoe restoration activities from
September 30, 2024, to September 30, 2034.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to reauthorize the Lake Tahoe
Restoration Act, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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 italics, and existing law in which no
change is proposed is shown in roman):
LAKE TAHOE RESTORATION ACT
* * * * * * *
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 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
(ii) in consultation with other
interested parties; and
(C) 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.
(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, the Administrator, or the
Directors for expenditure in the Lake Tahoe Basin; and
(2) shall not reduce allocations for other Regions of
the Forest Service, the Environmental Protection
Agency, or the United States Fish and Wildlife Service.
(c) Cost-sharing requirement.--Except as provided in
subsection (d) and section 5(d)(1)(D), funds for activities
carried out under section 5 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.
(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 programs under sections
5 and 6; and
(2) erosion control programs under section 2 of
Public Law 96-586 (94 Stat. 3381).
(e) Signage.--To the maximum extent practicable, a program
provided assistance under this Act shall include appropriate
signage at the program site that--
(1) provides information to the public on--
(A) the amount of Federal funds being
provided to the program; and
(B) this Act; and
(2) displays the visual identity mark of the
Environmental Improvement Program.