[Senate Report 118-55]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 127

118th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 118-55

======================================================================
 
                 LAKE TAHOE RESTORATION REAUTHORIZATION

                                _______
                                

                 July 11, 2023.--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. 612]

    The Committee on Energy and Natural Resources, to which 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

    The purpose of S. 612 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, storm-water 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. 612 extends the authorization through 
September 30, 2034.

                          Legislative History

    S. 612 was introduced by Senators Cortez Masto, Feinstein, 
Rosen, and Padilla on May 12, 2023. Similar legislation, S. 
1583, was introduced in the 117th Congress by Senators Cortez 
Masto, Feinstein, Rosen, and Padilla on May 12, 2021. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 1583 on October 19, 2021. The Committee ordered 
S. 1583 reported favorably without amendment on November 18, 
2021 (S. Rept. 117-85).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 17, 2023, by a majority voice vote 
of a quorum present, recommends that the Senate pass S. 612. 
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 
fire risk 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 Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 612 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.
    On November 21, 2022, the Congressional Budget Office 
provided a table entitled ``Summary Estimates of Legislation 
Ordered Reported'' by the Committee during the 117th Congress. 
The table included a cost estimate for similar legislation in 
the 117th Congress, S. 1583. The table is posted 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. 612. 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. 612, as ordered reported.

                   Congressionally Directed Spending

    S. 612, 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 Forest Service from the October 19, 
2021, hearing on S. 1583, similar legislation that was filed 
during the 117th Congress, 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. 612, 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''.

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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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