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II
113th CONGRESS
1st Session
S. 1451
IN THE SENATE OF THE UNITED STATES
August 1, 2013
Mrs. Feinstein (for
herself, Mr. Reid,
Mr. Heller, and Mrs. Boxer) introduced the following bill; which was
read twice and referred to the Committee
on Environment and Public Works
A BILL
To provide for environmental restoration activities and
forest management activities in the Lake Tahoe Basin, to amend title 18, United
States Code, to prohibit the importation or shipment of quagga mussels, and for
other purposes.
1.
Short
title
This Act may be cited as
the Lake Tahoe Restoration Act of
2013.
2.
Findings and
purposes
The Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 2 and inserting the following:
2.
Findings and
purposes
(a)
Findings
Congress
finds that—
(1) Lake
Tahoe—
(A) is one 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 one 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
perennial pepperweed, 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 yellow starthistle, 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 1.2 degrees
Fahrenheit in the past 43 years;
(B) since 1910, the
percent of precipitation that has fallen as snow in the Lake Tahoe Basin
decreased from 51 percent to 35.5 percent; and
(C) daily air
temperatures have increased by more than 4 degrees Fahrenheit and the trend in
daily maximum temperature has risen by approximately 2 degrees
Fahrenheit;
(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 2011 and
2012 Lake Tahoe Forums, Senator Reid, Senator Feinstein, Senator Heller,
Senator Ensign, Governor Gibbons, Governor Sandoval, and Governor Brown—
(A) renewed their
commitment to Lake Tahoe; and
(B) expressed their
desire to fund the Federal and State shares of the Environmental Improvement
Program through 2022;
(21) since 1997, the
Federal Government, the States of California and Nevada, units of local
government, and the private sector have contributed more than $1,620,000,000 to
the Lake Tahoe Basin, including—
(A) $521,100,000 from
the Federal Government;
(B) $636,200,000 from
the State of California;
(C) $101,400,000 from
the State of Nevada;
(D) $68,200,000 from
units of local government; and
(E) $299,600,000 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 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 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.
.
3.
Definitions
The Lake Tahoe Restoration Act (Public Law
106–506; 114 Stat. 2351) is amended by striking section 3 and inserting the
following:
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)
Directors
The
term Directors means—
(A) the Director of
the United States Fish and Wildlife Service; and
(B) the Director of
the United States Geological Survey.
(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)
Maps
The
term Maps means the maps—
(A) entitled—
(i) LTRA
USFS-CA Land Exchange/North Shore;
(ii) USFS-CA
Land Exchange/West Shore; and
(iii) USFS-CA
Land Exchange/South Shore; and
(B) dated April 12,
2013, and on file and available for public inspection in the appropriate
offices of—
(i) the Forest
Service;
(ii) the California
Tahoe Conservancy; and
(iii) the California
Department of Parks and Recreation.
(11)
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).
(12)
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).
(13)
Priority
list
The term Priority List means the environmental
restoration priority list developed under section 8.
(14)
Secretary
The
term Secretary means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(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)
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)).
(17)
Watercraft
The
term watercraft means motorized and non-motorized watercraft,
including boats, seaplanes, personal watercraft, kayaks, and
canoes.
.
4.
Administration
of the lake tahoe basin management unit
Section 4 of the Lake Tahoe Restoration Act
(Public Law 106–506; 114 Stat. 2353) is amended—
(1) in subsection (b)(3), by striking
basin and inserting Basin; and
(2) by adding at the end the following:
(c)
Transit
(1)
In
general
The Lake Tahoe Basin Management Unit shall, consistent
with the regional transportation plan adopted by the Planning Agency, manage
vehicular parking and traffic in the Lake Tahoe Basin Management Unit, with
priority given—
(A) to improving
public access to the Lake Tahoe Basin, including the prioritization of
alternatives to the private automobile, consistent with the requirements of the
Compact;
(B) to coordinating
with the Nevada Department of Transportation, Caltrans, State parks, and other
entities along Nevada Highway 28 and California Highway 89; and
(C) to providing
support and assistance to local public transit systems in the management and
operations of activities under this subsection.
(2)
National forest
transit program
Consistent with the support and assistance
provided under paragraph (1)(C), the Secretary, in consultation with the
Secretary of Transportation, may enter into a contract, cooperative agreement,
interagency agreement, or other agreement with the Department of Transportation
to secure operating and capital funds from the National Forest Transit
Program.
(d)
Forest
management activities
(1)
Coordination
(A)
In
general
In conducting forest management activities in the Lake
Tahoe Basin Management Unit, the Secretary shall, as appropriate, coordinate
with the Administrator and State and local agencies and organizations,
including local fire departments and volunteer groups.
(B)
Goals
The
coordination of activities under subparagraph (A) should aim to increase
efficiencies and maximize the compatibility of management practices across
public property boundaries.
(2)
Multiple
benefits
(A)
In
general
In conducting forest management activities in the Lake
Tahoe Basin Management Unit, the Secretary shall conduct the activities in a
manner that—
(i) except as
provided in subparagraph (B), attains multiple ecosystem benefits,
including—
(I) reducing forest
fuels;
(II) maintaining or
restoring biological diversity;
(III) improving
wetland and water quality, including in Stream Environment Zones; and
(IV) increasing
resilience to changing 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 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) 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
During the 4 fiscal years following the date of
enactment of the Lake Tahoe Restoration Act
of 2013, 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.
.
5.
Consultation
The Lake Tahoe Restoration Act (Public Law
106–506; 114 Stat. 2351) is amended by striking section 5 and inserting the
following:
5.
Consultation
In carrying out this Act, the Secretary, the
Administrator, and the Directors 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.
.
6.
Authorized
projects
The Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 6 and inserting the following:
6.
Authorized
projects
(a)
In
general
The Secretary, the Assistant Secretary, the Directors,
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 that—
(1) is described in
subsection (d);
(2) is included in
the Priority List under section 8; and
(3) furthers the
purposes of the Environmental Improvement Program if the project has been
subject to environmental review and approval, respectively, as required under
Federal law, article 7 of the Compact, and State law, as applicable.
(b)
Restriction
The
Administrator shall use not more than 3 percent of the funds provided under
subsection (a) for administering the projects or programs described in
paragraphs (1) and (2) of subsection (d).
(c)
Monitoring and
assessment
All projects authorized under subsection (d)
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 section
13.
(d)
Description of
activities
(1)
Stormwater
management, erosion control, and total maximum daily load
implementation
Of the amounts made available under section 17(a),
$75,000,000 shall be made available—
(A) to the Secretary
or the Administrator for the Federal share of stormwater management and related
projects and programs consistent with the adopted Total Maximum Daily Load and
near-shore water quality goals; and
(B) for grants by the
Secretary and the Administrator to carry out the projects and programs
described in subparagraph (A).
(2)
Stream
environment zone and watershed restoration
Of the amounts made
available under section 17(a), $38,000,000 shall be made available—
(A) to the Secretary
or the Assistant Secretary for the Federal share of the Upper Truckee River
restoration projects and other watershed restoration projects identified in the
priority list established under section 8; and
(B) for grants by the
Administrator to carry out the projects described in subparagraph (A).
(3)
Fire risk
reduction and forest management
(A)
In
general
Of the amounts made available under section 17(a),
$135,000,000 shall be made available to the Secretary to carry out, including
by making grants, 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.
(vi) Development of
an updated Lake Tahoe Basin multijurisdictional fuel reduction and wildfire
prevention strategy, consistent with section 4(d).
(vii) Development of
updated community wildfire protection plans by local fire districts.
(viii) Municipal
water infrastructure that significantly improves the firefighting capability of
local government within the Lake Tahoe Basin.
(B)
Minimum
allocation
Of the amounts made available to the Secretary to
carry out subparagraph (A), at least $80,000,000 shall be used by the Secretary
for projects under subparagraph (A)(i).
(C)
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.
(D)
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 17(a), $30,000,000 shall be made available to the Director of the
United States Fish and Wildlife Service 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 17(a), $20,000,000 shall be made available to the Director of the
United States Fish and Wildlife Service for the Lahontan Cutthroat Trout
Recovery Program.
(6)
Lake Tahoe
Basin science program
Of the amounts to be made available under
section 17(a), $30,000,000 shall be made available to the Chief of the Forest
Service to develop and implement, in coordination with the Tahoe Science
Consortium, the Lake Tahoe Basin Science Program established under section
11.
(7)
Program
performance and accountability
(A)
In
general
Of the amounts to be made available under section 17(a),
$5,000,000 shall be made available to the Secretary to carry out sections 12,
13, and 14.
(B)
Planning
agency
Of the amounts described in subparagraph (A), not less
than 50 percent shall be made available to the Planning Agency to carry out the
program oversight, coordination, and outreach activities established under
sections 12, 13, and 14.
(8)
Land
conveyance
(A)
In
general
Of the amount made available under section 17(a),
$2,000,000 shall be made available to the Secretary to carry out the activities
under section 3(b)(2) of Public Law 96–586 (94 Stat. 3384) (commonly known as
the Santini-Burton Act).
(B)
Other
funds
Of the amounts available to the Secretary under
subparagraph (A), not less than 50 percent shall be provided to the California
Tahoe Conservancy to facilitate the conveyance of land described in section
3(b)(2) of Public Law 96–586 (94 Stat. 3384) (commonly known as the
Santini-Burton
Act).
.
7.
Environmental
restoration priority list
The
Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2351) is
amended—
(1) by striking
sections 8 and 9;
(2) by redesignating sections 10, 11, and 12 as
sections 15, 16, and 17, respectively; and
(3) by inserting
after section 7 the following:
8.
Environmental
restoration priority list
(a)
Deadline
Not
later than February 15 of the year after the date of enactment of the
Lake Tahoe Restoration Act of
2013, the Chair, in consultation with the Secretary, the
Administrator, the Directors, 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 for each program category described in section 6(d).
(b)
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.
(c)
Revisions
(1)
In
general
The Priority List submitted under subsection (b) shall be
revised—
(A) every 2 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 of
the United States Fish and Wildlife Service 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.
(d)
Funding
Of
the amount made available under section 17(a), $80,000,000 shall be made
available to the Secretary to carry out this section.
9.
Aquatic invasive
species prevention
(a)
In
general
The Director of the United States Fish and Wildlife
Service, in coordination with the Planning Agency, the California Department of
Fish and Game, and the Nevada Department of Wildlife, shall deploy strategies
consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to
prevent 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; and
(2) watercraft not be
allowed to launch in waters of the Lake Tahoe Basin if the watercraft has not
been inspected in accordance with the Lake Tahoe Aquatic Invasive Species
Management Plan.
(c)
Certification
The
Planning Agency may certify State and local 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 of the United States Fish and
Wildlife Service 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)
Supplemental
authority
The authority under this section is supplemental to all
actions taken by non-Federal regulatory authorities.
(i)
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.
10.
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.
11.
Lake Tahoe
Basin Science Program
The
Secretary (acting through the Station Director of the Forest Service, Pacific
Southwest Research Station), the Administrator, the Planning Agency, the States
of California and Nevada, and the Tahoe Science Consortium, shall develop and
implement the Lake Tahoe Basin Science Program that—
(1) develops and
regularly updates an integrated multiagency programmatic assessment and
monitoring plan—
(A) to evaluate the
effectiveness of the Environmental Improvement Program;
(B) to evaluate the
status and trends of indicators related to environmental threshold carrying
capacities; and
(C) to assess the
impacts and risks of changing water temperature, precipitation, and invasive
species;
(2) 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;
(3) conducts applied
research, programmatic technical assessments, scientific data management,
analysis, and reporting related to key management questions;
(4) develops new
tools and information to support objective assessments of land use and resource
conditions;
(5) 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;
(6) 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
(7) provides
scientific and technical support for the development of appropriate management
strategies to accommodate changing water temperature and precipitation in the
Lake Tahoe Basin.
12.
Public outreach
and education
(a)
In
general
The Secretary, the
Administrator, and the Directors 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)
Scientific and
technical guidance
The
Director of the United States Geological Survey shall provide scientific and
technical guidance to public outreach and education programs conducted under
this section.
(c)
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.
13.
Reporting
requirements
Not later than
February 15 of each year, the Secretary, in cooperation with the Chair, the
Administrator, the Directors, the Planning Agency, and the States of California
and Nevada, consistent with section 6(d)(6), 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(b)(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.
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, the United States Fish and
Wildlife Service), the United States Geological Survey, and the Corps of
Engineers), 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.
.
8.
Relationship to
other laws
Section 16 of The
Lake Tahoe Restoration Act (Public Law 106–506; 114 Stat. 2358) (as
redesignated by section 7(2)) is amended by inserting , Director, or
Administrator after Secretary.
9.
Authorization of
appropriations
The Lake Tahoe
Restoration Act (Public Law 106–506; 114 Stat. 2351) is amended by striking
section 17 (as redesignated by section 7(2)) and inserting the
following:
17.
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 10 fiscal years beginning the first
fiscal year after the date of enactment of the
Lake Tahoe Restoration Act of
2013.
(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, Environmental Protection
Agency, or the United States Fish and Wildlife Service.
(c)
Cost-Sharing
requirement
Except as provided in subsection (d) and section
6(d)(3)(D), 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.
(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.
.
10.
Administration
of acquired land
(a)
In
general
Section 3(b) of Public Law 96–586 (94 Stat. 3384)
(commonly known as the Santini-Burton Act) is amended—
(1) by striking (b) Lands and
inserting the following:
(b)
Administration
of acquired land
(1)
In
general
Land
;
and
(2) by adding at the
end the following:
(2)
Conveyance
(A)
In
general
If the State of California (acting through the California
Tahoe Conservancy and the California Department of Parks and Recreation) offers
to donate to the United States acceptable title to the non-Federal land
described in subparagraph (B)(i), the Secretary—
(i) may accept the
offer; and
(ii) not later than
180 days after the date on which the Secretary receives acceptable title to the
non-Federal land described in subparagraph (B)(i), convey to the State of
California, subject to valid existing rights and for no consideration, all
right, title, and interest of the United States in and to the Federal land that
is acceptable to the State of California.
(B)
Description of
land
(i)
Non-federal
land
The non-Federal land referred to in subparagraph (A)
includes—
(I) the approximately
1,981 acres of land administered by the Conservancy and identified on the Maps
as Conservancy to the United States Forest Service; and
(II) the
approximately 187 acres of land administered by California State Parks and
identified on the Maps as State Parks to the U.S. Forest
Service.
(ii)
Federal
land
The Federal land referred to in subparagraph (A) includes
the approximately 1,995 acres of Forest Service land identified on the Maps as
U.S. Forest Service to Conservancy and State Parks.
(C)
Conditions
Any
land conveyed under this paragraph shall—
(i) be for the
purpose of consolidating Federal and State ownerships and improving management
efficiencies;
(ii) not result in
any significant changes in the uses of the land; and
(iii) be subject to
the condition that the applicable deed include such terms, restrictions,
covenants, conditions, and reservations as the Secretary determines necessary
to—
(I) ensure compliance
with this Act; and
(II) ensure that the
development rights associated with the conveyed parcels shall not be recognized
or available for transfer under section 90.2 of the Code of Ordinances for the
Tahoe Regional Planning
Agency.
.