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114th Congress   }                                    {  Rept. 114-404
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                    {         Part 1

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



 
                   LAKE TAHOE RESTORATION ACT OF 2015

                                _______
                                

February 1, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3382]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3382) to amend the Lake Tahoe Restoration Act to 
enhance recreational opportunities, environmental restoration 
activities, and forest management activities in the Lake Tahoe 
Basin, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  (a) Short Title.--This Act may be cited as the ``Lake Tahoe 
Restoration Act of 2015''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Improved administration of the Lake Tahoe Basin Management 
Unit.
Sec. 5. Authorized programs.
Sec. 6. Program performance and accountability.
Sec. 7. Technical corrections and conforming amendments.
Sec. 8. Authorization of appropriations.
Sec. 9. Land conveyances to improve management efficiencies of State 
and Federal lands.
Sec. 10. Modification of land acquisition authority under Santini-
Burton Act and Southern Nevada Public Land Management Act of 1998.
Sec. 11. Availability of categorical exclusion for Lake Tahoe herbicide 
applications to control certain aquatic weeds.

SEC. 2. FINDINGS AND PURPOSES.

  Section 2 of the Lake Tahoe Restoration Act (Public Law 106-506; 114 
Stat. 2351) is amended to read as follows:

``SEC. 2. FINDINGS AND PURPOSES.

  ``(a) Findings.--Congress makes the following findings:
          ``(1) Lake Tahoe--
                  ``(A) is one of the largest, deepest, and clearest 
                fresh-water lakes in the world;
                  ``(B) has a distinctive cobalt blue color, a 
                biologically diverse alpine setting, and remarkable 
                water clarity; and
                  ``(C) is recognized as a natural resource of special 
                significance, so that even world-traveler Mark Twain 
                called Lake Tahoe the `fairest picture the whole earth 
                affords'.
          ``(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 
        natural beauty and recreation opportunities of Lake Tahoe and 
        the surrounding area.
          ``(4) Forests in the Lake Tahoe Basin suffer from over a 
        century of fire damage, periodic drought, and mismanagement, 
        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.
          ``(5) The establishment of several aquatic and terrestrial 
        invasive species (including perennial pepperweed, milfoil, and 
        Asian clam) threatens the ecosystem of the Lake Tahoe Basin, 
        and the likelihood exists for the introduction and 
        establishment of other invasive species (such as yellow 
        starthistle, New Zealand mud snail, Zebra mussel, and quagga 
        mussel).
          ``(6) 75 percent of the land in the Lake Tahoe Basin is 
        administered by the Federal Government, which makes it a 
        Federal responsibility to significantly contribute to the 
        restoration of the ecological health of the Lake Tahoe Basin.
  ``(b) Purposes.--The purposes of this Act are as follows:
          ``(1) To identify ways and pursue options to expand the 
        environmental threshold carrying capacity of the Lake Tahoe 
        Basin.
          ``(2) To enable the Chief of the Forest Service, the Director 
        of the United States Fish and Wildlife Service, and the 
        Administrator, in cooperation with the Planning Agency and the 
        States of California and Nevada, to fund, plan, and implement 
        significant forest management and invasive species control 
        activities in the Lake Tahoe Basin.
          ``(3) To ensure that Federal, State, local, regional, tribal, 
        and private entities continue to work together to manage lands 
        and forests in the Lake Tahoe Basin.
          ``(4) To support local governments in the Lake Tahoe Basin in 
        efforts related fire risk reduction and forest management 
        activities.
          ``(5) To prioritize public recreational access to public 
        lands in the Lake Tahoe Basin.
          ``(6) To ensure that management of Federal land and forests 
        in the Lake Tahoe Basin is conducted with the understanding 
        that--
                  ``(A) public forests are renewable assets that should 
                be managed, rather than neglected, and that excess 
                timber should be harvested to generate continuing 
                revenue for care of the public's land, in accordance 
                with a good neighbor policy; and
                  ``(B) the Federal Government will defer to local 
                communities whenever possible with regard to land 
                acquisition and land regulations or restrictions.''.

SEC. 3. DEFINITIONS.

  Section 3 of the Lake Tahoe Restoration Act (Public Law 106-506; 114 
Stat. 2353) is amended to read as follows:

``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) 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 threshold carrying capacity.--The term 
        `environmental threshold carrying capacity' has the meaning 
        given the term in article II of the Compact.
          ``(7) 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).
          ``(8) Forest management activity.--The term `forest 
        management activity' includes--
                  ``(A) prescribed burning for ecosystem health and 
                hazardous fuels reduction;
                  ``(B) mechanical treatments, including forest 
                thinning, sale of commercial timber and firewood, and 
                brush mastication;
                  ``(C) management of non-native, invasive species;
                  ``(D) erosion control and water runoff mitigation on 
                land adversely impacted by wildland fire; and
                  ``(E) other activities consistent with Forest Service 
                practices, as the Secretary determines to be 
                appropriate.
          ``(9) Maps.--The term `Maps' means the maps dated April 12, 
        2013, and entitled `LTRA USFS-CA Land Exchange/North Shore', 
        `USFS-CA Land Exchange/West Shore', and `USFS-CA Land Exchange/
        South Shore', which shall be on file and available for public 
        inspection in the appropriate offices of the Forest Service, 
        the California Tahoe Conservancy, and the California Department 
        of Parks and Recreation.
          ``(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) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
          ``(13) Watercraft.--The term `watercraft' means motorized and 
        non-motorized watercraft that are capable of harboring an 
        invasive species.''.

SEC. 4. IMPROVED 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 by adding at the end the following new 
subsections:
  ``(c) Forest Management Activities.--
          ``(1) Coordination.--For the purpose of increasing 
        efficiencies and maximizing the compatibility of management 
        practices across public property boundaries, in conducting 
        forest management activities in the Lake Tahoe Basin Management 
        Unit, the Secretary shall coordinate, as appropriate, with--
                  ``(A) the Administrator;
                  ``(B) State and local agencies; and
                  ``(C) county governments, local governments, and 
                local fire departments.
          ``(2) Multiple benefits.--In conducting forest management 
        activities in the Lake Tahoe Basin Management Unit, the 
        Secretary shall conduct the activities in a manner that--
                  ``(A) except as provided in paragraph (3), promotes 
                multiple management benefits, including--
                          ``(i) reducing forest fuels;
                          ``(ii) enhancing and seeking ways to increase 
                        recreational opportunities;
                          ``(iii) preserving existing and traditional 
                        uses;
                          ``(iv) producing a sustainable yield of 
                        natural resource production; and
                          ``(v) allowing for economic development; and
                  ``(B) helps achieve, maintain, and identify ways to 
                expand the environmental threshold carrying capacities 
                established by the Planning Agency.
          ``(3) Cost-benefit determination.--Notwithstanding paragraph 
        (2)(A), the promotion of multiple management benefits shall not 
        be required if the Secretary determines that management for 
        multiple benefits would excessively increase the cost of a 
        program in relation to the additional benefits gained from the 
        management activity. The Secretary shall make each cost-benefit 
        determination made under this paragraph publicly available.
          ``(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. 4331 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 no 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) Arbitration Process.--
          ``(1) In general.--Any challenge to a forest management 
        activity in the Lake Tahoe Basin Management Unit shall be 
        addressed using arbitration consistent with this subsection.
          ``(2) Who may seek.--Any person who sought administrative 
        review for the forest management activity and who is not 
        satisfied with the decision made under the administrative 
        review process may file a demand for arbitration regarding the 
        covered active management project in accordance with chapter 1 
        of title 9, United States Code. The demand for arbitration 
        under paragraph (1) shall--
                  ``(A) be filed not more than 15 days after the date 
                on which the administrative review decision was issued; 
                and
                  ``(B) include a proposal describing the modifications 
                sought to the forest management activity.
          ``(3) Intervening parties.--Not later than 15 days after the 
        date on which the demand for arbitration was filed, any person 
        that submitted a public comment on the forest management 
        activity subject to arbitration may intervene in the 
        arbitration--
                  ``(A) by endorsing the activity or the modification 
                proposal; or
                  ``(B) by submitting a proposal to further modify the 
                activity.
          ``(4) Appointment of arbitrator.--The United States District 
        Court in the district in which the forest management activity 
        is located shall appoint the arbitrator to conduct the 
        arbitration proceedings in accordance with this subsection and 
        chapter 1 of title 9, United States Code.
          ``(5) Selection of proposals.--
                  ``(A) In general.--Within 30 days after appointment 
                under paragraph (1), the arbitrator shall determine 
                whether the proposal submitted by an objector or an 
                intervening party or the forest management activity as 
                approved by the Secretary best meets the purpose and 
                needs described in the environmental analysis 
                conducted, in accordance with this Act, for the forest 
                management activity.
                  ``(B) Modification prohibited.--The arbitrator 
                appointed under paragraph (4) may not modify any of the 
                proposals submitted with the demand for arbitration or 
                a request to intervene.
          ``(6) Effect of decision.--The decision of an arbitrator with 
        respect to the forest management activity--
                  ``(A) shall not be considered a major Federal action; 
                and
                  ``(B) shall be binding.
          ``(7) Prohibition on restraining orders, preliminary 
        injunctions, and injunctions pending appeal.--No restraining 
        order, preliminary injunction, or injunction pending appeal 
        shall be issued by an appellate court of the United States with 
        respect to the decision of an arbitrator with respect to the 
        forest management activity.
  ``(e) Environmental Threshold Carrying Capacity.--The Lake Tahoe 
Basin Management Unit shall support the attainment of the environmental 
threshold carrying capacities and identify and pursue the means to 
expand those capacities.
  ``(f) Cooperative Authorities.--
          ``(1) In general.--During fiscal years 2016 through 2020, 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, and similar management activities on Federal 
        land and non-Federal land within the programs.
          ``(2) Extended duration of stewardship contracts.--
        Notwithstanding subsection (d)(3) of section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c), an agreement 
        or contract under such section for stewardship contracting 
        projects to be carried out within the Lake Tahoe Basin 
        Management Unit may be for a term in excess of 10 years, but 
        not to exceed 20 years.
  ``(g) Commercial Product Receipts.--
          ``(1) Retention.--The Secretary shall retain any commercial 
        product receipts generated as part of forest management 
        activities or cooperative activities conducted in the Lake 
        Tahoe Basin Management Unit under subsection (c) or (g), other 
        than stewardship contracts described in subsection (g)(2).
          ``(2) Availability and use.--Receipts retained under 
        paragraph (1) shall be available to the Secretary for the 
        purpose of funding additional forest management activities and 
        cooperative activities, developed through a collaborative 
        process with representatives from local governments with 
        jurisdiction over lands within the Lake Tahoe Basin Management 
        Unit.
          ``(3) Obligation limit.--The obligation and expenditure of 
        receipts retained under this subsection shall be subject to 
        such fiscal-year limitation as may be specified in an Act 
        making appropriations for the Forest Service for a fiscal 
        year.''.

SEC. 5. AUTHORIZED PROGRAMS.

  Section 5 of the Lake Tahoe Restoration Act (Public Law 106-506; 114 
Stat. 2353) is amended to read as follows:

``SEC. 5. AUTHORIZED PROGRAMS.

  ``(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 program described in subsection (b) 
or (c).
  ``(b) Fire Risk Reduction and Forest Management.--
          ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $4,400,000 
        shall be made available to the Secretary to carry out, 
        including by making grants, the following programs:
                  ``(A) The Lake Tahoe Basin Multi-Jurisdictional Fuel 
                Reduction and Wildfire Prevention Strategy 10-Year 
                Plan.
                  ``(B) 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 plan referred to in 
                subparagraph (A).
                  ``(C) Restoration activities related to any residual 
                or future wildfire damage.
                  ``(D) Washoe Tribe fire risk reduction and forest 
                management programs on tribal lands within the Lake 
                Tahoe Basin.
                  ``(E) Development of an updated Lake Tahoe Basin 
                multijurisdictional fuel reduction and wildfire 
                prevention strategy, consistent with the requirement 
                that forest management activities in the Lake Tahoe 
                Basin promote multiple management benefits as described 
                in section 4(c) of this Act (as added by section 4 of 
                the Lake Tahoe Restoration Act of 2015).
                  ``(F) Development of updated community wildfire 
                protection plans by local fire districts.
          ``(2) Priority.--Units of local government in the Lake Tahoe 
        Basin that have dedicated funding for inspections and 
        enforcement of defensible space regulations shall be given 
        priority for amounts provided under this subsection.
          ``(3) Cost-sharing requirements.--
                  ``(A) In general.--As a condition on the receipt of 
                funds, communities or local fire districts that receive 
                funds under this subsection shall provide a 25-percent 
                match.
                  ``(B) Form of non-federal share.--
                          ``(i) In general.--The non-Federal share 
                        required under subparagraph (A) 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 subparagraph 
                        (A) any dedicated funding of the communities or 
                        local fire districts for a fuels reduction 
                        management program, defensible space 
                        inspections, or dooryard chipping.
                  ``(C) Documentation.--Communities and local fire 
                districts shall--
                          ``(i) maintain a record of in-kind 
                        contributions that describes--
                                  ``(I) the monetary value of the in-
                                kind contributions; and
                                  ``(II) the manner in which the in-
                                kind contributions assist in 
                                accomplishing project goals and 
                                objectives; and
                          ``(ii) 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.
  ``(c) Invasive Species Management.--
          ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $800,000 
        shall be transferred to the Director of the United States Fish 
        and Wildlife Service for the Aquatic Invasive Species Program 
        and for the watercraft inspections and decontaminations 
        described in paragraph (2).
          ``(2) Description of activities.--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 and spread of 
        aquatic invasive species into the Lake Tahoe Basin.
          ``(3) Required elements of strategies.--The strategies 
        referred to in paragraph (2) shall provide for the following:
                  ``(A) Combined inspection and decontamination 
                stations shall be established in the Lake Tahoe Basin. 
                As provided in paragraph (4), these stations may be 
                operated by the States of California and Nevada, local 
                governments, or private entities.
                  ``(B) Watercraft shall not be allowed to launch in 
                waters of the Lake Tahoe Basin unless the watercraft 
                has been inspected in accordance with the Lake Tahoe 
                Aquatic Invasive Species Management Plan.
          ``(4) Certification.--The Planning Agency shall certify the 
        State of California, the State of Nevada, local agencies, or 
        private entities to perform inspection and decontamination 
        activities described in paragraph (3)(A) at locations inside or 
        outside the Lake Tahoe Basin if such activities are conducted 
        in a manner consistent with the standards established by this 
        subsection.
          ``(5) Applicability.--The strategies developed under this 
        subsection shall apply to all watercraft to be launched on 
        water within the Lake Tahoe Basin.
          ``(6) Fees.--An entity performing inspection and 
        decontamination activities described in paragraph (3)(A) may 
        collect fees for such activities, but not higher than the level 
        sufficient to cover the costs of operation of inspection and 
        decontamination stations under this subsection.
          ``(7) Violations.--
                  ``(A) In general.--Any person that launches or 
                attempts to launch a watercraft not in compliance with 
                strategies deployed under this subsection shall be 
                guilty of an infraction and shall be subject to a fine 
                in the amount provided in title 18, United States Code.
                  ``(B) Other authorities.--Any fine imposed under this 
                paragraph shall be separate from penalties assessed 
                under any other authority.
          ``(8) Limitation.--The strategies deployed under paragraph 
        (2), including the specific elements required by paragraph (3), 
        may be modified if the Secretary of the Interior, in a 
        nondelegable capacity and in consultation with the Planning 
        Agency, the States of California and Nevada, and State and 
        local governments, issues a determination that alternative 
        measures will be no less effective at preventing introduction 
        of aquatic invasive species into Lake Tahoe.
          ``(9) Supplemental authority.--The authority under this 
        subsection is supplemental to all actions taken by non-Federal 
        regulatory authorities.
          ``(10) Savings clause.--Nothing in this title restricts, 
        affects, or amends 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. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

  Section 6 of the Lake Tahoe Restoration Act (Public Law 106-506; 114 
Stat. 2354) is amended to read as follows:

``SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

  ``(a) Program Performance and Accountability.--
          ``(1) In general.--Of the amounts appropriated for a fiscal 
        year pursuant to the authorization of appropriations in 
        subsection (a) of section 12, as amended by section 8 of the 
        Lake Tahoe Restoration Act of 2015, not less than $150,000 
        shall be made available to the Secretary to carry out this 
        section.
          ``(2) Planning agency.--Of the amounts made available to the 
        Secretary under paragraph (1), not less than 50 percent shall 
        be made available to the Planning Agency to carry out the 
        program oversight, coordination, and outreach activities under 
        subsections (d) and (e).
  ``(b) 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, county, and local governmental agencies, and the Lake 
Tahoe Federal Advisory Committee.
  ``(c) Corps of Engineers; Interagency Agreements.--
          ``(1) 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 forest management or invasive species control 
        activities.
          ``(2) Local cooperation agreements.--
                  ``(A) 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.
                  ``(B) Components.--The agreement entered into under 
                subparagraph (A) shall--
                          ``(i) describe the nature of the technical 
                        assistance;
                          ``(ii) describe any legal and institutional 
                        structures necessary to ensure the effective 
                        long-term viability of the end products by the 
                        non-Federal interest; and
                          ``(iii) include cost-sharing provisions in 
                        accordance with subparagraph (C).
                  ``(C) Federal share.--
                          ``(i) In general.--The Federal share of 
                        program costs under each local cooperation 
                        agreement under this paragraph shall be 75 
                        percent.
                          ``(ii) Form.--The Federal share may be in the 
                        form of reimbursements of program costs.
                          ``(iii) 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 paragraph.
  ``(d) Public Outreach and Education.--
          ``(1) In general.--The Secretary, the Administrator, and the 
        Directors will coordinate with the Planning Agency to conduct 
        public education and outreach programs, including encouraging--
                  ``(A) owners of land and residences in the Lake Tahoe 
                Basin to implement defensible space; and
                  ``(B) 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.
          ``(2) 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 subsection.
          ``(3) Required coordination.--Public outreach and education 
        programs for aquatic invasive species under this subsection 
        shall--
                  ``(A) be coordinated with county governments in the 
                Lake Tahoe Basin and Lake Tahoe Basin tourism and 
                business organizations; and
                  ``(B) include provisions for the programs to extend 
                outside of the Lake Tahoe Basin.
  ``(e) Effectiveness Evaluating and Monitoring.--In carrying out this 
Act, the Secretary, the Administrator, and the Directors, in 
coordination with the Planning Agency and States of California and 
Nevada, shall--
          ``(1) develop and implement a plan for integrated monitoring, 
        assessment, and applied research to evaluate the effectiveness 
        programs funded under this Act; and
          ``(2) include in each program funded under this section funds 
        for monitoring and assessment of results at the program 
        level.''.

SEC. 7. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS.

  (a) Technical Correction.--Section 4(b)(3) of the Lake Tahoe 
Restoration Act (Public Law 106-506; 114 Stat. 2353) is amended by 
striking ``basin'' and inserting ``Basin''.
  (b) Relationship to Other Laws.--Section 11 of the Lake Tahoe 
Restoration Act (Public Law 106-506; 114 Stat. 2358) is amended by 
inserting ``, Director, or Administrator'' after ``Secretary''.
  (c) Tahoe Regional Planning Compact Update.--Paragraph (c) of Article 
V of the Tahoe Regional Planning Compact included in the first section 
of Public Law 96-551 (94 Stat. 3233) is amended by inserting after 
``maintain the regional plan'' the following: ``and, in so doing, shall 
ensure that the regional plan reflects changing economic conditions and 
the economic effect of regulation on commerce''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  Section 12 of the Lake Tahoe Restoration Act (Public Law 106-506; 114 
Stat. 2358) is amended to read as follows:

``SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

  ``(a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $6,000,000 for each of fiscal years 
2016 through 2025.
  ``(b) Source of Funds.--Amounts made available to carry out this Act 
shall be derived from--
          ``(1) amounts appropriated pursuant to the authorization of 
        appropriations in subsection (a) and the amendment made by 
        section 7 of this Act; and
          ``(2) special use fees collected within the Lake Tahoe Basin 
        Management Unit and made available under subsection (c).
  ``(c) Additional Funding From Special Use Fees.--
          ``(1) Retention of certain fees.--
                  ``(A) Deposit.--Fees collected for recreation and 
                non-recreation special uses within the Lake Tahoe Basin 
                Management Unit shall be deposited in a special fund in 
                the Treasury, which shall be available to the Secretary 
                as provided in subparagraph (B).
                  ``(B) Availability and use.--Fees deposited under 
                subparagraph (A) shall be available to the Secretary, 
                in such amounts as may be provided in an Act making 
                appropriations for the Forest Service for a fiscal 
                year, for the purpose of providing additional funds to 
                carry out this Act in excess of amounts appropriated 
                pursuant to the authorization of appropriations in 
                subsection (a).
                  ``(C) Obligation limit.--The obligation and 
                expenditure of fees deposited under subparagraph (A) 
                shall be subject to appropriation and such fiscal-year 
                limitation as may be specified in an Act making 
                appropriations for the Forest Service for a fiscal 
                year.
          ``(2) Use of retained fees.--
                  ``(A) Fees collected for recreation special uses.--In 
                the case of fees collected for recreation special uses 
                within the Lake Tahoe Basin Management Unit that are 
                deposited under paragraph (1) and appropriated for a 
                fiscal year, the Secretary shall use the funds to 
                establish, maintain, and expand recreation 
                improvements, specifically existing and traditional 
                uses, within the Lake Tahoe Basin Management Unit, 
                including trails, facilities, activities, 
                interpretation, and on-the-ground presence of Forest 
                Service personnel.
                  ``(B) Fees collected for non-recreation special 
                uses.--In the case of fees collected for non-recreation 
                special uses within the Lake Tahoe Basin Management 
                Unit that are deposited under paragraph (1) and 
                appropriated for a fiscal year, the Secretary shall use 
                the funds to support other activities authorized by 
                this Act.
          ``(3) Collaborative process.--The Secretary shall make 
        decisions under paragraph (2) regarding the use of fees 
        appropriated for a fiscal year through a collaborative process 
        with representatives from local governments, such as county 
        supervisors and county commissioners, with jurisdiction over 
        lands within the Lake Tahoe Basin Management Unit.
  ``(d) Effect on Other Funds.--Amounts made available to carry out 
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.
  ``(e) Cost-Sharing Requirement.--Except as provided in subsection 
(b)(3) of section 5 of this Act, as amended by section 5 of the Lake 
Tahoe Restoration Act of 2015, funds for activities under section 5 of 
this Act shall be available for obligation on a dollar-for-dollar basis 
with funding of restoration activities in the Lake Tahoe Basin by the 
States of California and Nevada.''.

SEC. 9. LAND CONVEYANCES TO IMPROVE MANAGEMENT EFFICIENCIES OF STATE 
                    AND FEDERAL LANDS.

  (a) California Conveyance.--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 new paragraph:
          ``(2) Conveyance to california.--
                  ``(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 of Agriculture--
                          ``(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 California 
                                Tahoe 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) Use of land.--The land conveyance authorized 
                under this paragraph shall--
                          ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies; and
                          ``(ii) not result in any substantial 
                        reduction in public access or reduction in 
                        availability of existing and traditional public 
                        recreation uses.
                  ``(D) Continuation of special use permits.--The land 
                conveyance authorized under this paragraph shall be 
                subject to the condition that the State of California 
                accept all special use permits applicable, as of the 
                date of the enactment of this subparagraph, to the 
                National Forest System land described in subparagraph 
                (B)(ii) for the duration of such permits, and subject 
                to the terms and conditions of such permits.''.
  (b) Nevada Conveyance.--Section 3(b) of Public Law 96-586 (94 Stat. 
3384; commonly known as the Santini-Burton Act) is further amended by 
inserting after paragraph (2), as added by subsection (a)(2), the 
following new paragraph:
          ``(3) Conveyance to nevada.--
                  ``(A) In general.--At the request of the State of 
                Nevada, the Secretary of Agriculture may convey, 
                without consideration, the land or interests in land 
                described in subparagraph (B) to the State, subject to 
                appropriate deed restrictions to protect public access 
                and existing or traditional public recreational uses of 
                the conveyed land.
                  ``(B) Description of land.--The land referred to in 
                subparagraph (A) includes the approximately 39 acres of 
                National Forest System land identified on the map 
                entitled `State of Nevada Conveyances' as `Van Sickle 
                Unit USFS Inholding'.
                  ``(C) Use of land.--The land conveyance authorized 
                under this paragraph shall--
                          ``(i) be for the purpose of consolidating 
                        Federal and State ownerships and improving 
                        management efficiencies; and
                          ``(ii) not result in any substantial 
                        reduction in public access or reduction in 
                        availability of existing and traditional public 
                        recreation uses.
                  ``(D) Continuation of special use permits.--The land 
                conveyance authorized under this paragraph shall be 
                subject to the condition that the State of Nevada 
                accept all special use permits applicable, as of the 
                date of the enactment of this subparagraph, to the 
                National Forest System land described in subparagraph 
                (B) for the duration of such permits, and subject to 
                the terms and conditions of such permits.''.
  (c) Authorization for Conveyance of Forest Service Urban Lots.--
          (1) Conveyance authority.--The Secretary of Agriculture is 
        authorized to convey all urban lots within the Lake Tahoe Basin 
        under the administrative jurisdiction of the Forest Service.
          (2) Consideration.--A conveyance under the authority of 
        paragraph (1) shall require consideration in an amount equal to 
        the fair-market value of the conveyed lot.
          (3) Availability and use.--The proceeds from conveyances 
        under paragraph (1) shall be retained by the Secretary of 
        Agriculture and used for the purpose of--
                  (A) purchasing inholdings throughout the Lake Tahoe 
                Basin; or
                  (B) providing additional funds to carry out the Lake 
                Tahoe Restoration Act (Public Law 106-506) in excess of 
                amounts appropriated pursuant to the authorization of 
                appropriations in section 12 of such Act, as amended by 
                section 8 of this Act.
          (4) Obligation limit.--The obligation and expenditure of 
        proceeds retained under this subsection shall be subject to 
        such fiscal-year limitation as may be specified in an Act 
        making appropriations for the Forest Service for a fiscal year.
          (5) Inholding defined.--In paragraph (3)(A), the term 
        ``inholding'' means a parcel of land that is surrounded on all 
        sides by Federal land.

SEC. 10. MODIFICATION OF LAND ACQUISITION AUTHORITY UNDER SANTINI-
                    BURTON ACT AND SOUTHERN NEVADA PUBLIC LAND 
                    MANAGEMENT ACT OF 1998.

  (a) Additional Land Acquisition Criteria.--Section 3(a)(1) of Public 
Law 96-586 (94 Stat. 3383; commonly known as the Santini-Burton Act) is 
amended by adding before the period at the end of the first sentence 
the following: ``and, with respect to any land acquisition under this 
section within the Lake Tahoe Basin Management Unit that is proposed 
after the date of the enactment of the Lake Tahoe Restoration Act of 
2015, which will provide critical access for recreational use and 
resolve significant inholding issues in that a parcel of land to be 
acquired is wholly surrounded by Federal land''.
  (b) Consent of Local Government Required.--Section 3(a) of Public Law 
96-586 (94 Stat. 3383; commonly known as the Santini-Burton Act) is 
amended by adding at the end the following new paragraph:
          ``(6) Consent of local government required.--With respect to 
        any land acquisition under this section within the Lake Tahoe 
        Basin Management Unit that is proposed after the date of the 
        enactment of the Lake Tahoe Restoration Act of 2015, the 
        Secretary of Agriculture shall obtain the consent of the 
        government of the county within the boundaries of which the 
        land is located before executing the land acquisition.''.
  (c) Administrative Expenses.--Section 3 of Public Law 96-586 (94 
Stat. 3383; commonly known as the Santini-Burton Act) is amended by 
adding at the end the following new subsection:
  ``(h) Administrative Expenses Related to Land Adjustments.--Amounts 
appropriated pursuant to the authorization of appropriations in 
subsection (g) shall be available to the Secretary of Agriculture to 
cover staffing costs and related expenses incurred to accomplish land 
adjustments in the Lake Tahoe Basin Management Unit to create more 
efficient land management patterns.''.
  (d) Conforming Amendments to Southern Nevada Public Land Management 
Act of 1998.--Section 5(a) of the Southern Nevada Public Land 
Management Act of 1998 (Public Law 105-263; 112 Stat. 2347) is amended 
by adding at the end the following new paragraph:
          ``(4) Additional requirements related to acquisitions in lake 
        tahoe basin management unit.--With respect to any land 
        acquisition under this subsection within the Lake Tahoe Basin 
        Management Unit that is proposed after the date of the 
        enactment of the Lake Tahoe Restoration Act of 2015, the 
        Secretary of Agriculture shall, before executing the land 
        acquisition--
                  ``(A) obtain the consent of each county within whose 
                boundaries the parcel of land is located; and
                  ``(B) certify that, in addition to being 
                environmentally sensitive land, the parcel of land will 
                provide critical access for recreational use and 
                resolve significant inholding issues in that the parcel 
                is wholly surrounded by National Forest System land.''.

SEC. 11. AVAILABILITY OF CATEGORICAL EXCLUSION FOR LAKE TAHOE HERBICIDE 
                    APPLICATIONS TO CONTROL CERTAIN AQUATIC WEEDS.

  (a) Finding.--Congress finds that ongoing efforts to eradicate 
Eurasian watermilfoil and curlyleaf pondweed in Lake Tahoe, using 
mechanical methods has had only limited success, threatening the rest 
of Lake Tahoe with the spread of these non-native aquatic invasive 
plants.
  (b) Availability of Categorical Exclusion.--Any project to be 
conducted by the Tahoe Regional Planning Agency that will use a 
registered herbicide to eradicate Eurasian watermilfoil and curlyleaf 
pondweed from the south end of Lake Tahoe, known as the Lake Tahoe 
Keys, is categorically excluded from the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
  (c) Registered Herbicide Defined.--In this section, the term 
``registered herbicide'' means a herbicide that is approved by the 
United States Environmental Protection Agency and the California 
Environmental Protection Agency for aquatic use.

                          Purpose of the Bill

    The purpose of H.R. 3382 is to amend the Lake Tahoe 
Restoration Act to enhance recreational opportunities, 
environmental restoration activities, and forest management 
activities in the Lake Tahoe Basin.

                  Background and Need for Legislation

    The Lake Tahoe Basin is an administrative unit managed by 
the U.S. Forest Service. Since its creation in 2000, the forest 
surrounding the Lake has become overgrown and in an 
increasingly fire-prone state. The decade between 2000-2010 
showed a large increase in forest acres burned compared to 
previous decades. For example, the 2007 Angora Fire burned 254 
residences and 75 commercial buildings and 3,100 acres, an 
alarming example of the danger that lurks in the forests 
surrounding Lake Tahoe.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Ash and debris from wildfires ultimately end up in the 
water, damaging watershed health and aquatic wildlife. This 
legislation addresses the need for significant active 
management to reduce the risk of wildfire in this world class 
setting. The bill addresses many forest health issues by 
expediting urgently needed forest management through the use of 
a 3,000 acre categorical13 exclusion under the National 
Environmental Policy Act.
    The bill seeks to enhance visitor experiences by 
authorizing Lake Tahoe Basin managers to focus on improving 
recreation opportunities when evaluating management decisions. 
The bill also seeks to help land managers more efficiently 
manage the land by authorizing land exchanges to remove a 
patchwork of ownership that exists. The bill also promotes more 
coordination with local governments by requiring the Forest 
Service to consult with localities when evaluating the possible 
acquisition of new land.
    Finally, H.R. 3382 authorizes $8.7 million in annual 
supplemental funding from both appropriated dollars and 
receipts generated within the Basin to augment the existing 
forest budget. These supplemental funds would be used for 
active forest management to reduce the risk of catastrophic 
wildfire, provide for recreation improvements and increase 
staffing.

                            Committee Action

    H.R. 3382 was introduced on July 29, 2015, by Congressman 
Tom McClintock (R-CA). The bill was referred to the Committee 
on Natural Resources, and in addition to the Committees on 
Agriculture and Transportation and Infrastructure. Within the 
Natural Resources Committee, the bill was referred to the 
Subcommittee on Federal Lands and the Subcommittee on Water, 
Power and Oceans. On October 7, 2015, the Natural Resources 
Committee met to consider the bill. The Subcommittees were 
discharged by unanimous consent. Congressman McClintock offered 
an amendment designated .001; it was adopted by voice vote. No 
further amendments were offered and the bill, as amended, was 
ordered favorably reported on October 8, 2015, by a roll call 
vote of 21 to 16, as follows:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            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

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 3382--Lake Tahoe Restoration Act of 2015

    Summary: H.R. 3382 would authorize the appropriation of $6 
million a year through 2025 to carry out activities related to 
protecting the ecological health of the Lake Tahoe Basin in 
California and Nevada. Most of those funds would be used to 
reduce risks posed by fires and invasive species. The bill also 
would authorize the Secretary of Agriculture to convey certain 
parcels of federal land.
    Assuming appropriation of the amounts authorized in the 
bill, CBO estimates that implementing H.R. 3382 would cost $29 
million over the 2016-2020 period and an additional $30 million 
after 2020. Enacting the legislation would increase offsetting 
receipts from land sales, which are treated as reductions in 
direct spending, by $64 million over the 10-year period and 
revenues from civil penalties by an insignificant amount. 
Because enacting the bill would affect direct spending and 
revenues, pay-as-you-go procedures apply.
    CBO estimates that enacting H.R. 3382 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 3382 would impose an intergovernmental and private-
sector mandate as defined in the Unfunded Mandates Reform Act 
(UMRA) on owners and operators of watercraft launched in the 
waters of the Lake Tahoe Basin. It also would impose a private-
sector mandate on individuals seeking judicial review of some 
forest management activities on federal lands. CBO estimates 
that the cost of the mandates would fall below the annual 
thresholds established in UMRA for intergovernmental and 
private-sector mandates ($77 million and $154 million in 2015, 
respectively, adjusted annually for inflation).
    Estimated cost to the Federal Government; The estimated 
budgetary effect of H.R. 3382 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--
                                                             -------------------------------------------------------------------------------------------
                                                               2016   2017   2018   2019   2020   2021   2022   2023   2024   2025  2016-2020  2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING
 
Estimated Budget Authority..................................      0      0     -8     -8     -8     -8     -8     -8     -8     -8      -24        -64
Estimated Outlays...........................................      0      0     -8     -8     -8     -8     -8     -8     -8     -8      -24        -64
 
                                                                   CHANGES IN REVENUES
 
Estimated Revenues..........................................      *      *      *      *      *      *      *      *      *      *        *          *
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.........................................      6      6      6      6      6      6      6      6      6      6       30         60
Estimated Outlays...........................................      5      6      6      6      6      6      6      6      6      6       29         59
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted in 2016 and the authorized amounts 
will be appropriated each fiscal year. Estimated outlays are 
based on historical spending patterns for similar activities.

Changes in direct spending and revenues

    CBO estimates that enacting H.R. 3382 would increase 
offsetting receipts, which are treated as reductions in direct 
spending, by $64 million over the 2018-2025 period. Those 
receipts would stem from provisions in the bill that would 
authorize the sale of certain parcels of federal land near Lake 
Tahoe. Other provisions in the bill would have negligible net 
effects on direct spending and revenues.
    Land Conveyances. Section 9 would authorize the Secretary 
of Agriculture to sell up to 3,500 acres of federal land 
located in populated areas near Lake Tahoe. CBO estimates that 
the value of the affected lands could range from $300,000 per 
acre to several million dollars per acre. On average, we expect 
that the land would sell for about $800,000 an acre. Based on 
information regarding the number of parcels sold by other 
agencies with similar authority to sell lands, CBO estimates 
that, if the agency elected to sell the affected lands, it 
would dispose of about 20 acres a year beginning in 2018 and 
collect proceeds totaling $16 million annually. However, CBO 
expects that the agency would be equally likely to retain or 
exchange the affected lands rather than sell them. Applying a 
probability distribution to those scenarios, CBO estimates that 
enacting section 9 would increase offsetting receipts by $8 
million a year over the 2018-2025 period (or 50 percent of the 
potential proceeds).
    Section 9 also would authorize the Secretary to convey 
about 2,000 acres of federal lands to the state of California 
in exchange for a similar amount of state-owned lands. The 
affected federal lands comprise a portion of the lands 
mentioned in the previous paragraph that could be sold under 
the bill. The bill also would authorize the Secretary to 
convey, without consideration, about 40 acres of federal lands 
in Nevada to that state. Because none of the affected lands are 
expected to generate receipts over the next ten years under 
current law, CBO estimates that conveying the affected lands 
would not affect direct spending.
    Inspection Fees and Penalties. Section 5 would require the 
U.S. Fish and Wildlife Service (USFWS) to ensure that 
watercraft are inspected prior to launching in waters of the 
Lake Tahoe Basin to prevent organisms from other bodies of 
water from contaminating the basin. The bill would authorize 
the agency to certify nonfederal entities to operate inspection 
and decontamination stations within the basin. The bill also 
would allow entities performing those activities to collect and 
spend fees to cover the cost of operating those facilities. CBO 
expects that the USFWS would certify the Tahoe Regional 
Planning Agency and other local entities to conduct inspections 
and collect fees under the bill. Thus, we estimate that 
enacting that provision would have no significant effect on the 
federal budget.
    Section 5 also would establish civil penalties of less than 
$5,000 per infraction 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 in the general fund of the U.S. 
Treasury. Based on information from the USFWS, CBO estimates 
that annual revenues from those civil penalties would not be 
significant.
    Cooperative Agreements. Section 4 would authorize the 
Secretary to enter into agreements with states to conduct 
forest management activities, including fuel reduction 
activities, in the Lake Tahoe Basin. The bill would allow the 
Secretary to retain any proceeds from the sale of any 
commercial products harvested under those agreements, which CBO 
expects would consist primarily of timber. Amounts retained 
could not be spent until the Congress appropriated those funds. 
CBO expects that any activities carried out using cooperative 
agreements would replace work that the agency would have 
conducted under current law. Because, under current law, a 
portion of receipts collected from those activities would be 
spent, CBO estimates that enacting this provision would reduce 
direct spending; however, based on information regarding total 
receipts from activities within the basin, we estimate that any 
such effect would be negligible.
    Legal Challenges. Section 4 also would prohibit any person 
seeking to challenge a forest management activity from 
obtaining a restraining order or injunction that would prevent 
or delay the performance of the activity. Because under current 
law those activities, some of which may generate offsetting 
receipts, could be stopped or delayed, enacting this provision 
could affect the timing and amount of offsetting receipts 
collected by the Forest Service. However, based on information 
regarding the amount of receipts generated by forest management 
activities in the basin and the number of court challenges that 
affect such activities, CBO estimates that any effect on 
offsetting receipts would be negligible.

Spending subject to appropriation

    Section 8 would authorize the appropriation of $6 million a 
year over the 2016-2025 period for several agencies, including 
the Forest Service, the USFWS, the Environmental Protection 
Agency, and the U.S. Army Corps of Engineers, to promote the 
ecological health of the Lake Tahoe Basin. CBO estimates that 
implementing the bill would cost $29 million over the 2016-2020 
period and $30 million after 2020, assuming appropriation of 
the authorized amounts.
    Of the amounts authorized under section 8, roughly $4 
million would be available annually for the Forest Service to 
carry out activities to reduce the risk of fire and to restore 
areas in the basin damaged by fire. An additional $1 million 
would be available each year to support USFWS activities to 
protect against invasive species. Finally, $150,000 a year 
would be available to the Forest Service to oversee various 
programs in the basin. The remaining funds would be available 
to supplement the activities described above or to carry out 
other activities under the Lake Tahoe Restoration Act.
    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. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

         CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 3382, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON OCTOBER 8, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2016   2017   2018   2019   2020   2021   2022   2023   2024   2025  2016-2020  2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact..............................      0      0     -8     -8     -8     -8     -8     -8     -8     -8      -24        -64
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long term direct spending and deficits: CBO 
estimates that enacting H.R. 3382 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2026.
    Intergovernmental and private-sector impact: H.R. 3382 
would impose an intergovernmental and private-sector mandate as 
defined in UMRA on owners and operators of watercraft. It also 
would impose a private-sector mandate on individuals seeking 
judicial review of some forest management activities on federal 
lands. CBO estimates that the cost of the mandates would fall 
below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($77 million and 
$154 million in 2015, respectively, adjusted annually for 
inflation).
    The bill would require owners and operators of watercraft 
to submit their watercraft for inspection prior to launch in 
waters of the Lake Tahoe Basin. Because the regional agency for 
the Lake Tahoe Basin currently subjects watercraft to 
inspection requirements, 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.
    Additionally, the bill would impose a private-sector 
mandate by prohibiting plaintiffs from seeking a preliminary 
injunction to temporarily stop activities, such as logging, on 
federal lands near Lake Tahoe. The purpose of a preliminary 
injunction is to protect a plaintiff from irreparable harm or 
damage that would occur if the activity continued. The cost of 
a mandate that eliminates a right to seek redress from harm is 
the forgone value of monetary awards in such cases. Because 
such awards would generally not occur for the types of cases 
involved, CBO expects that the mandate would probably impose no 
costs.
    The bill also would benefit state, local, and tribal 
governments in California and Nevada by authorizing federal 
grants and technical assistance for fire prevention, forest 
management activities, and environmental improvement projects 
located in the Lake Tahoe Basin. Any associated costs, 
including matching contributions, would be incurred 
voluntarily.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: John Sperl; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. According to the 
Congressional Budget Office, implementing this bill would cost 
$29 million over 2016-2020, with an additional $30 million 
after 2020, assuming appropriation of the authorized amounts. 
However, enacting the bill would increase offsetting receipts 
by $64 million over the 2016-2025 time period.
    3. 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 amend the Lake Tahoe Restoration 
Act to enhance recreational opportunities, environmental 
restoration activities, and forest management activities in the 
Lake Tahoe Basin.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates as defined under 
Public Law 104-4.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman believes that this bill 
does not direct an executive branch official to conduct any 
specific rule-making proceedings.
    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.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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. 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 of an additional 
                $20,000,000; and
          [(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. 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 
                risk reduction 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. 2. FINDINGS AND PURPOSES.

  (a) Findings.--Congress makes the following findings:
          (1) Lake Tahoe--
                  (A) is one of the largest, deepest, and 
                clearest fresh-water lakes in the world;
                  (B) has a distinctive cobalt blue color, a 
                biologically diverse alpine setting, and 
                remarkable water clarity; and
                  (C) is recognized as a natural resource of 
                special significance, so that even world-
                traveler Mark Twain called Lake Tahoe the 
                ``fairest picture the whole earth affords''.
          (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 natural beauty and recreation opportunities of 
        Lake Tahoe and the surrounding area.
          (4) Forests in the Lake Tahoe Basin suffer from over 
        a century of fire damage, periodic drought, and 
        mismanagement, 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.
          (5) The establishment of several aquatic and 
        terrestrial invasive species (including perennial 
        pepperweed, milfoil, and Asian clam) threatens the 
        ecosystem of the Lake Tahoe Basin, and the likelihood 
        exists for the introduction and establishment of other 
        invasive species (such as yellow starthistle, New 
        Zealand mud snail, Zebra mussel, and quagga mussel).
          (6) 75 percent of the land in the Lake Tahoe Basin is 
        administered by the Federal Government, which makes it 
        a Federal responsibility to significantly contribute to 
        the restoration of the ecological health of the Lake 
        Tahoe Basin.
  (b) Purposes.--The purposes of this Act are as follows:
          (1) To identify ways and pursue options to expand the 
        environmental threshold carrying capacity of the Lake 
        Tahoe Basin.
          (2) To enable the Chief of the Forest Service, the 
        Director of the United States Fish and Wildlife 
        Service, and the Administrator, in cooperation with the 
        Planning Agency and the States of California and 
        Nevada, to fund, plan, and implement significant forest 
        management and invasive species control activities in 
        the Lake Tahoe Basin.
          (3) To ensure that Federal, State, local, regional, 
        tribal, and private entities continue to work together 
        to manage lands and forests in the Lake Tahoe Basin.
          (4) To support local governments in the Lake Tahoe 
        Basin in efforts related fire risk reduction and forest 
        management activities.
          (5) To prioritize public recreational access to 
        public lands in the Lake Tahoe Basin.
          (6) To ensure that management of Federal land and 
        forests in the Lake Tahoe Basin is conducted with the 
        understanding that--
                  (A) public forests are renewable assets that 
                should be managed, rather than neglected, and 
                that excess timber should be harvested to 
                generate continuing revenue for care of the 
                public's land, in accordance with a good 
                neighbor policy; and
                  (B) the Federal Government will defer to 
                local communities whenever possible with regard 
                to land acquisition and land regulations or 
                restrictions.

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) 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 threshold carrying capacity.--The 
        term ``environmental threshold carrying capacity'' has 
        the meaning given the term in article II of the 
        Compact.
          (7) 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).
          (8) Forest management activity.--The term ``forest 
        management activity'' includes--
                  (A) prescribed burning for ecosystem health 
                and hazardous fuels reduction;
                  (B) mechanical treatments, including forest 
                thinning, sale of commercial timber and 
                firewood, and brush mastication;
                  (C) management of non-native, invasive 
                species;
                  (D) erosion control and water runoff 
                mitigation on land adversely impacted by 
                wildland fire; and
                  (E) other activities consistent with Forest 
                Service practices, as the Secretary determines 
                to be appropriate.
          (9) Maps.--The term ``Maps'' means the maps dated 
        April 12, 2013, and entitled ``LTRA USFS-CA Land 
        Exchange/North Shore'', ``USFS-CA Land Exchange/West 
        Shore'', and ``USFS-CA Land Exchange/South Shore'', 
        which shall be on file and available for public 
        inspection in the appropriate offices of the Forest 
        Service, the California Tahoe Conservancy, and the 
        California Department of Parks and Recreation.
          (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) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service.
          (13) Watercraft.--The term ``watercraft'' means 
        motorized and non-motorized watercraft that are capable 
        of harboring an invasive species.

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) Forest Management Activities.--
          (1) Coordination.--For the purpose of increasing 
        efficiencies and maximizing the compatibility of 
        management practices across public property boundaries, 
        in conducting forest management activities in the Lake 
        Tahoe Basin Management Unit, the Secretary shall 
        coordinate, as appropriate, with--
                  (A) the Administrator;
                  (B) State and local agencies; and
                  (C) county governments, local governments, 
                and local fire departments.
          (2) Multiple benefits.--In conducting forest 
        management activities in the Lake Tahoe Basin 
        Management Unit, the Secretary shall conduct the 
        activities in a manner that--
                  (A) except as provided in paragraph (3), 
                promotes multiple management benefits, 
                including--
                          (i) reducing forest fuels;
                          (ii) enhancing and seeking ways to 
                        increase recreational opportunities;
                          (iii) preserving existing and 
                        traditional uses;
                          (iv) producing a sustainable yield of 
                        natural resource production; and
                          (v) allowing for economic 
                        development; and
                  (B) helps achieve, maintain, and identify 
                ways to expand the environmental threshold 
                carrying capacities established by the Planning 
                Agency.
          (3) Cost-benefit determination.--Notwithstanding 
        paragraph (2)(A), the promotion of multiple management 
        benefits shall not be required if the Secretary 
        determines that management for multiple benefits would 
        excessively increase the cost of a program in relation 
        to the additional benefits gained from the management 
        activity. The Secretary shall make each cost-benefit 
        determination made under this paragraph publicly 
        available.
          (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. 
        4331 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 
                no 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) Arbitration Process.--
          (1) In general.--Any challenge to a forest management 
        activity in the Lake Tahoe Basin Management Unit shall 
        be addressed using arbitration consistent with this 
        subsection.
          (2) Who may seek.--Any person who sought 
        administrative review for the forest management 
        activity and who is not satisfied with the decision 
        made under the administrative review process may file a 
        demand for arbitration regarding the covered active 
        management project in accordance with chapter 1 of 
        title 9, United States Code. The demand for arbitration 
        under paragraph (1) shall--
                  (A) be filed not more than 15 days after the 
                date on which the administrative review 
                decision was issued; and
                  (B) include a proposal describing the 
                modifications sought to the forest management 
                activity.
          (3) Intervening parties.--Not later than 15 days 
        after the date on which the demand for arbitration was 
        filed, any person that submitted a public comment on 
        the forest management activity subject to arbitration 
        may intervene in the arbitration--
                  (A) by endorsing the activity or the 
                modification proposal; or
                  (B) by submitting a proposal to further 
                modify the activity.
          (4) Appointment of arbitrator.--The United States 
        District Court in the district in which the forest 
        management activity is located shall appoint the 
        arbitrator to conduct the arbitration proceedings in 
        accordance with this subsection and chapter 1 of title 
        9, United States Code.
          (5) Selection of proposals.--
                  (A) In general.--Within 30 days after 
                appointment under paragraph (1), the arbitrator 
                shall determine whether the proposal submitted 
                by an objector or an intervening party or the 
                forest management activity as approved by the 
                Secretary best meets the purpose and needs 
                described in the environmental analysis 
                conducted, in accordance with this Act, for the 
                forest management activity.
                  (B) Modification prohibited.--The arbitrator 
                appointed under paragraph (4) may not modify 
                any of the proposals submitted with the demand 
                for arbitration or a request to intervene.
          (6) Effect of decision.--The decision of an 
        arbitrator with respect to the forest management 
        activity--
                  (A) shall not be considered a major Federal 
                action; and
                  (B) shall be binding.
          (7) Prohibition on restraining orders, preliminary 
        injunctions, and injunctions pending appeal.--No 
        restraining order, preliminary injunction, or 
        injunction pending appeal shall be issued by an 
        appellate court of the United States with respect to 
        the decision of an arbitrator with respect to the 
        forest management activity.
  (e) Environmental Threshold Carrying Capacity.--The Lake 
Tahoe Basin Management Unit shall support the attainment of the 
environmental threshold carrying capacities and identify and 
pursue the means to expand those capacities.
  (f) Cooperative Authorities.--
          (1) In general.--During fiscal years 2016 through 
        2020, 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, and similar management activities on 
        Federal land and non-Federal land within the programs.
          (2) Extended duration of stewardship contracts.--
        Notwithstanding subsection (d)(3) of section 604 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 
        6591c), an agreement or contract under such section for 
        stewardship contracting projects to be carried out 
        within the Lake Tahoe Basin Management Unit may be for 
        a term in excess of 10 years, but not to exceed 20 
        years.
  (g) Commercial Product Receipts.--
          (1) Retention.--The Secretary shall retain any 
        commercial product receipts generated as part of forest 
        management activities or cooperative activities 
        conducted in the Lake Tahoe Basin Management Unit under 
        subsection (c) or (g), other than stewardship contracts 
        described in subsection (g)(2).
          (2) Availability and use.--Receipts retained under 
        paragraph (1) shall be available to the Secretary for 
        the purpose of funding additional forest management 
        activities and cooperative activities, developed 
        through a collaborative process with representatives 
        from local governments with jurisdiction over lands 
        within the Lake Tahoe Basin Management Unit.
          (3) Obligation limit.--The obligation and expenditure 
        of receipts retained under this subsection shall be 
        subject to such fiscal-year limitation as may be 
        specified in an Act making appropriations for the 
        Forest Service for a fiscal year.

[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. 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. 5. AUTHORIZED PROGRAMS.

  (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 program 
described in subsection (b) or (c).
  (b) Fire Risk Reduction and Forest Management.--
          (1) In general.--Of the amounts appropriated for a 
        fiscal year pursuant to the authorization of 
        appropriations in subsection (a) of section 12, as 
        amended by section 8 of the Lake Tahoe Restoration Act 
        of 2015, not less than $4,400,000 shall be made 
        available to the Secretary to carry out, including by 
        making grants, the following programs:
                  (A) The Lake Tahoe Basin Multi-Jurisdictional 
                Fuel Reduction and Wildfire Prevention Strategy 
                10-Year Plan.
                  (B) 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 plan 
                referred to in subparagraph (A).
                  (C) Restoration activities related to any 
                residual or future wildfire damage.
                  (D) Washoe Tribe fire risk reduction and 
                forest management programs on tribal lands 
                within the Lake Tahoe Basin.
                  (E) Development of an updated Lake Tahoe 
                Basin multijurisdictional fuel reduction and 
                wildfire prevention strategy, consistent with 
                the requirement that forest management 
                activities in the Lake Tahoe Basin promote 
                multiple management benefits as described in 
                section 4(c) of this Act (as added by section 4 
                of the Lake Tahoe Restoration Act of 2015).
                  (F) Development of updated community wildfire 
                protection plans by local fire districts.
          (2) Priority.--Units of local government in the Lake 
        Tahoe Basin that have dedicated funding for inspections 
        and enforcement of defensible space regulations shall 
        be given priority for amounts provided under this 
        subsection.
          (3) Cost-sharing requirements.--
                  (A) In general.--As a condition on the 
                receipt of funds, communities or local fire 
                districts that receive funds under this 
                subsection shall provide a 25-percent match.
                  (B) Form of non-federal share.--
                          (i) In general.--The non-Federal 
                        share required under subparagraph (A) 
                        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 subparagraph (A) any dedicated 
                        funding of the communities or local 
                        fire districts for a fuels reduction 
                        management program, defensible space 
                        inspections, or dooryard chipping.
                  (C) Documentation.--Communities and local 
                fire districts shall--
                          (i) maintain a record of in-kind 
                        contributions that describes--
                                  (I) the monetary value of the 
                                in-kind contributions; and
                                  (II) the manner in which the 
                                in-kind contributions assist in 
                                accomplishing project goals and 
                                objectives; and
                          (ii) 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.
  (c) Invasive Species Management.--
          (1) In general.--Of the amounts appropriated for a 
        fiscal year pursuant to the authorization of 
        appropriations in subsection (a) of section 12, as 
        amended by section 8 of the Lake Tahoe Restoration Act 
        of 2015, not less than $800,000 shall be transferred to 
        the Director of the United States Fish and Wildlife 
        Service for the Aquatic Invasive Species Program and 
        for the watercraft inspections and decontaminations 
        described in paragraph (2).
          (2) Description of activities.--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 and spread of aquatic 
        invasive species into the Lake Tahoe Basin.
          (3) Required elements of strategies.--The strategies 
        referred to in paragraph (2) shall provide for the 
        following:
                  (A) Combined inspection and decontamination 
                stations shall be established in the Lake Tahoe 
                Basin. As provided in paragraph (4), these 
                stations may be operated by the States of 
                California and Nevada, local governments, or 
                private entities.
                  (B) Watercraft shall not be allowed to launch 
                in waters of the Lake Tahoe Basin unless the 
                watercraft has been inspected in accordance 
                with the Lake Tahoe Aquatic Invasive Species 
                Management Plan.
          (4) Certification.--The Planning Agency shall certify 
        the State of California, the State of Nevada, local 
        agencies, or private entities to perform inspection and 
        decontamination activities described in paragraph 
        (3)(A) at locations inside or outside the Lake Tahoe 
        Basin if such activities are conducted in a manner 
        consistent with the standards established by this 
        subsection.
          (5) Applicability.--The strategies developed under 
        this subsection shall apply to all watercraft to be 
        launched on water within the Lake Tahoe Basin.
          (6) Fees.--An entity performing inspection and 
        decontamination activities described in paragraph 
        (3)(A) may collect fees for such activities, but not 
        higher than the level sufficient to cover the costs of 
        operation of inspection and decontamination stations 
        under this subsection.
          (7) Violations.--
                  (A) In general.--Any person that launches or 
                attempts to launch a watercraft not in 
                compliance with strategies deployed under this 
                subsection shall be guilty of an infraction and 
                shall be subject to a fine in the amount 
                provided in title 18, United States Code.
                  (B) Other authorities.--Any fine imposed 
                under this paragraph shall be separate from 
                penalties assessed under any other authority.
          (8) Limitation.--The strategies deployed under 
        paragraph (2), including the specific elements required 
        by paragraph (3), may be modified if the Secretary of 
        the Interior, in a nondelegable capacity and in 
        consultation with the Planning Agency, the States of 
        California and Nevada, and State and local governments, 
        issues a determination that alternative measures will 
        be no less effective at preventing introduction of 
        aquatic invasive species into Lake Tahoe.
          (9) Supplemental authority.--The authority under this 
        subsection is supplemental to all actions taken by non-
        Federal regulatory authorities.
          (10) Savings clause.--Nothing in this title 
        restricts, affects, or amends 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. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY.

  (a) Program Performance and Accountability.--
          (1) In general.--Of the amounts appropriated for a 
        fiscal year pursuant to the authorization of 
        appropriations in subsection (a) of section 12, as 
        amended by section 8 of the Lake Tahoe Restoration Act 
        of 2015, not less than $150,000 shall be made available 
        to the Secretary to carry out this section.
          (2) Planning agency.--Of the amounts made available 
        to the Secretary under paragraph (1), not less than 50 
        percent shall be made available to the Planning Agency 
        to carry out the program oversight, coordination, and 
        outreach activities under subsections (d) and (e).
  (b) 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, county, and local 
governmental agencies, and the Lake Tahoe Federal Advisory 
Committee.
  (c) Corps of Engineers; Interagency Agreements.--
          (1) 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 forest management 
        or invasive species control activities.
          (2) Local cooperation agreements.--
                  (A) 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.
                  (B) Components.--The agreement entered into 
                under subparagraph (A) shall--
                          (i) describe the nature of the 
                        technical assistance;
                          (ii) describe any legal and 
                        institutional structures necessary to 
                        ensure the effective long-term 
                        viability of the end products by the 
                        non-Federal interest; and
                          (iii) include cost-sharing provisions 
                        in accordance with subparagraph (C).
                  (C) Federal share.--
                          (i) In general.--The Federal share of 
                        program costs under each local 
                        cooperation agreement under this 
                        paragraph shall be 75 percent.
                          (ii) Form.--The Federal share may be 
                        in the form of reimbursements of 
                        program costs.
                          (iii) 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 
                        paragraph.
  (d) Public Outreach and Education.--
          (1) In general.--The Secretary, the Administrator, 
        and the Directors will coordinate with the Planning 
        Agency to conduct public education and outreach 
        programs, including encouraging--
                  (A) owners of land and residences in the Lake 
                Tahoe Basin to implement defensible space; and
                  (B) 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.
          (2) 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 subsection.
          (3) Required coordination.--Public outreach and 
        education programs for aquatic invasive species under 
        this subsection shall--
                  (A) be coordinated with county governments in 
                the Lake Tahoe Basin and Lake Tahoe Basin 
                tourism and business organizations; and
                  (B) include provisions for the programs to 
                extend outside of the Lake Tahoe Basin.
  (e) Effectiveness Evaluating and Monitoring.--In carrying out 
this Act, the Secretary, the Administrator, and the Directors, 
in coordination with the Planning Agency and States of 
California and Nevada, shall--
          (1) develop and implement a plan for integrated 
        monitoring, assessment, and applied research to 
        evaluate the effectiveness programs funded under this 
        Act; and
          (2) include in each program funded under this section 
        funds for monitoring and assessment of results at the 
        program level.

           *       *       *       *       *       *       *


SEC. 11. 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. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this Act $6,000,000 for each of 
fiscal years 2016 through 2025.
  (b) Source of Funds.--Amounts made available to carry out 
this Act shall be derived from--
          (1) amounts appropriated pursuant to the 
        authorization of appropriations in subsection (a) and 
        the amendment made by section 7 of this Act; and
          (2) special use fees collected within the Lake Tahoe 
        Basin Management Unit and made available under 
        subsection (c).
  (c) Additional Funding From Special Use Fees.--
          (1) Retention of certain fees.--
                  (A) Deposit.--Fees collected for recreation 
                and non-recreation special uses within the Lake 
                Tahoe Basin Management Unit shall be deposited 
                in a special fund in the Treasury, which shall 
                be available to the Secretary as provided in 
                subparagraph (B).
                  (B) Availability and use.--Fees deposited 
                under subparagraph (A) shall be available to 
                the Secretary, in such amounts as may be 
                provided in an Act making appropriations for 
                the Forest Service for a fiscal year, for the 
                purpose of providing additional funds to carry 
                out this Act in excess of amounts appropriated 
                pursuant to the authorization of appropriations 
                in subsection (a).
                  (C) Obligation limit.--The obligation and 
                expenditure of fees deposited under 
                subparagraph (A) shall be subject to 
                appropriation and such fiscal-year limitation 
                as may be specified in an Act making 
                appropriations for the Forest Service for a 
                fiscal year.
          (2) Use of retained fees.--
                  (A) Fees collected for recreation special 
                uses.--In the case of fees collected for 
                recreation special uses within the Lake Tahoe 
                Basin Management Unit that are deposited under 
                paragraph (1) and appropriated for a fiscal 
                year, the Secretary shall use the funds to 
                establish, maintain, and expand recreation 
                improvements, specifically existing and 
                traditional uses, within the Lake Tahoe Basin 
                Management Unit, including trails, facilities, 
                activities, interpretation, and on-the-ground 
                presence of Forest Service personnel.
                  (B) Fees collected for non-recreation special 
                uses.--In the case of fees collected for non-
                recreation special uses within the Lake Tahoe 
                Basin Management Unit that are deposited under 
                paragraph (1) and appropriated for a fiscal 
                year, the Secretary shall use the funds to 
                support other activities authorized by this 
                Act.
          (3) Collaborative process.--The Secretary shall make 
        decisions under paragraph (2) regarding the use of fees 
        appropriated for a fiscal year through a collaborative 
        process with representatives from local governments, 
        such as county supervisors and county commissioners, 
        with jurisdiction over lands within the Lake Tahoe 
        Basin Management Unit.
  (d) Effect on Other Funds.--Amounts made available to carry 
out 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.
  (e) Cost-Sharing Requirement.--Except as provided in 
subsection (b)(3) of section 5 of this Act, as amended by 
section 5 of the Lake Tahoe Restoration Act of 2015, funds for 
activities under section 5 of this Act shall be available for 
obligation on a dollar-for-dollar basis with funding of 
restoration activities in the Lake Tahoe Basin by the States of 
California and Nevada.
                              ----------                              


                     ARTICLE V OF PUBLIC LAW 96-551

   AN ACT To grant the consent of the Congress to the Tahoe Regional 
  Planning Compact, and to authorize the Secretary of Agriculture and 
     others to cooperate with the planning agency thereby created.

                          Article V.-Planning

  (1) In preparing each of the plans required by this article 
and each amendment thereto, if any, subsequent to its adoption, 
the planning commission after due notice shall hold at least 
one public hearing which may be continued from time to time, 
and shall review the testimony and any written recommendations 
presented at such hearing before recommending the plan or 
amendment. The notice required by this subdivision shall be 
given at least 20 days prior to the public hearing by 
publication at least once in a newspaper or combination of 
newspapers whose circulation is general throughout the region 
and in each county a portion of whose territory lies within the 
region.
   The planning commission shall then recommend such plan or 
amendment to the governing body for adoption by ordinance. The 
governing body may adopt, modify or reject the proposed plan or 
amendment, or may initiate and adopt a plan or amendment 
without referring it to the planning commission. If the 
governing body initiates or substantially modifies a plan or 
amendment, it shall hold at least one public hearing thereon 
after due notice as required in this subdivision.
   If a request is made for the amendment of the regional plan 
by:
          (1) A political subdivision a part of whose territory 
        would be affected by such amendment; or
          (2) The owner or lessee of real property which would 
        be affected by such amendment,
the governing body shall complete its action on such amendment 
within 180 days after such request is accepted as complete 
according to standards which must be prescribed by ordinance of 
the agency.
  (b) The agency shall develop, in cooperation with the States 
of California and Nevada, environmental threshold carrying 
capacities for the region. The agency should request the 
President's Council on Environmental Quality, the U.S. Forest 
Service and other appropriate agencies to assist in developing 
such environmental threshold carrying capacities. Within 18 
months after the effective date of the amendments to this 
compact, the agency shall adopt environmental threshold 
carrying capacities for the region.
  (c) Within 1 year after the adoption of the environmental 
threshold carrying capacities for the region, the agency shall 
amend the regional plan so that, at a minimum, the plan and all 
of its elements, as implemented through agency ordinances, 
rules and regulations, achieves and maintains the adopted 
environmental threshold carrying capacities. Each element of 
the plan shall contain implementation provisions and time 
schedules for such implementation by ordinance. The planning 
commission and governing body shall continuously review and 
maintain the regional plan and, in so doing, shall ensure that 
the regional plan reflects changing economic conditions and the 
economic effect of regulation on commerce. The regional plan 
shall consist of a diagram, or diagrams, and text, or texts 
setting forth the projects and proposals for implementation of 
the regional plan, a description of the needs and goals of the 
region and a statement of the policies, standards and elements 
of the regional plan.

           *       *       *       *       *       *       *

                              ----------                              


                           PUBLIC LAW 96-586

AN ACT To provide for the orderly disposal of certain Federal lands in 
  Nevada, and for the acquisition of certain other lands in the Lake 
                  Tahoe Basin, and for other purposes.



           *       *       *       *       *       *       *
  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) and, with 
respect to any land acquisition under this section within the 
Lake Tahoe Basin Management Unit that is proposed after the 
date of the enactment of the Lake Tahoe Restoration Act of 
2015, which will provide critical access for recreational use 
and resolve significant inholding issues in that a parcel of 
land to be acquired is wholly surrounded by Federal land. 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). Such funds 
shall be in addition to any other amounts available to the 
Secretary of Agriculture for expenditure in the Lake Tahoe 
Basin.
  (2)(A) The Secretary of Agriculture, in consultation with the 
governments of Nevada and California, the Tahoe Regional 
Planning Agency and with local governments, including the 
appropriate planning and regulatory agencies, after notice and 
opportunity for public hearing, shall prepare a map of the 
lands to be acquired pursuant to this subsection.
  (B) The Secretary of Agriculture shall, within six months of 
the date of enactment of this Act, and after notice and 
opportunity for public hearing, file with the United States 
Senate Committee on Energy and Natural Resources and the United 
States House of Representatives Committee on Interior and 
Insular Affairs a map which in the Secretary of Agriculture's 
judgment best achieves the objectives set forth in this Act and 
includes the environmentally sensitive land defined in 
subparagraph (C) of this paragraph.
  (C) For purposes of this paragraph, the term 
``environmentally sensitive land'' means--
          (i) stream environment zones which are--
                  (I) areas generally located within the one-
                hundred-year flood plain;
                  (II) areas containing soils which are 
                associated with high runoff or high water 
                tables;
                  (III) areas of riparian vegetation types; or
                  (IV) minimum protective buffer areas for the 
                areas referred to in subclauses (I) through 
                (III);
          (ii) high hazard lands which are characterized by 
        steep slopes and a fragile environmental balance or 
        with a high erosion potential;
          (iii) unimproved lands previously modified by man 
        which are causing unacceptably high rates of 
        sedimentation; and
          (iv) shore zone areas which are sensitive to cliff 
        erosion, beach erosion, and near-shore instability.
  (D) The map filed pursuant to subparagraph (B) shall be 
prepared at such scale as to clearly identify the affected land 
tracts by ownership and shall designate such tracts for 
acquisition or non-acquisition.
  (3) Before initiating acquisition proceedings for any lands 
under this subsection, the Secretary shall consult annually 
with State and local government agencies, the Tahoe Regional 
Planning Agency as to the necessity for such acquisition, the 
potential impacts on State and local government, and other 
appropriate aspects of the acquisition. The Secretary of 
Agriculture shall notify the public of the approved land 
acquisition program on an annual basis.
  (4) Lands within the boundaries of the area subject to 
acquisition under this section which are owned by any State or 
local government may be acquired only by donation.
          (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.
          (6) Consent of local government required.--With 
        respect to any land acquisition under this section 
        within the Lake Tahoe Basin Management Unit that is 
        proposed after the date of the enactment of the Lake 
        Tahoe Restoration Act of 2015, the Secretary of 
        Agriculture shall obtain the consent of the government 
        of the county within the boundaries of which the land 
        is located before executing the land acquisition.
  [(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) Conveyance to california.--
                  (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 of Agriculture--
                          (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 California Tahoe 
                                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) Use of land.--The land conveyance 
                authorized under this paragraph shall--
                          (i) be for the purpose of 
                        consolidating Federal and State 
                        ownerships and improving management 
                        efficiencies; and
                          (ii) not result in any substantial 
                        reduction in public access or reduction 
                        in availability of existing and 
                        traditional public recreation uses.
                  (D) Continuation of special use permits.--The 
                land conveyance authorized under this paragraph 
                shall be subject to the condition that the 
                State of California accept all special use 
                permits applicable, as of the date of the 
                enactment of this subparagraph, to the National 
                Forest System land described in subparagraph 
                (B)(ii) for the duration of such permits, and 
                subject to the terms and conditions of such 
                permits.
          (3) Conveyance to nevada.--
                  (A) In general.--At the request of the State 
                of Nevada, the Secretary of Agriculture may 
                convey, without consideration, the land or 
                interests in land described in subparagraph (B) 
                to the State, subject to appropriate deed 
                restrictions to protect public access and 
                existing or traditional public recreational 
                uses of the conveyed land.
                  (B) Description of land.--The land referred 
                to in subparagraph (A) includes the 
                approximately 39 acres of National Forest 
                System land identified on the map entitled 
                ``State of Nevada Conveyances'' as ``Van Sickle 
                Unit USFS Inholding''.
                  (C) Use of land.--The land conveyance 
                authorized under this paragraph shall--
                          (i) be for the purpose of 
                        consolidating Federal and State 
                        ownerships and improving management 
                        efficiencies; and
                          (ii) not result in any substantial 
                        reduction in public access or reduction 
                        in availability of existing and 
                        traditional public recreation uses.
                  (D) Continuation of special use permits.--The 
                land conveyance authorized under this paragraph 
                shall be subject to the condition that the 
                State of Nevada accept all special use permits 
                applicable, as of the date of the enactment of 
                this subparagraph, to the National Forest 
                System land described in subparagraph (B) for 
                the duration of such permits, and subject to 
                the terms and conditions of such permits.
  (c)(1) Except as provided in paragraph (2), with respect to 
that portion of the Lake Tahoe Basin, as defined as of the date 
of the enactment of this Act by the Secretary of Agriculture, 
which lies within the boundary of the State of California, as 
in effect on the date of the establishment of the Tahoe 
National Forest (October 3,1905), the Secretary of Agriculture 
may acquire improved lands or interests in improved lands with 
the consent of the owner thereof or upon a finding by the 
Secretary of Agriculture that such lands are being used, or 
that an imminent threat exists that they will be used, in a 
manner detrimental to the preservation of the existing water 
quality of the basin.
  (2) No single family dwelling which is improved land (as 
defined in this subsection) may be acquired under the 
provisions of this subsection without the consent of the owner 
thereof unless the Secretary of Agriculture with the 
concurrence of the Tahoe Regional Planning Agency finds that 
(A) a change in the use of such dwelling has occurred 
subsequent to the date of enactment of this Act or that such a 
change in use is threatened, and (B) in the case of a single 
family dwelling having a change or threatened change in use but 
maintained as a single family dwelling, such change or 
threatened change will result in a detriment to the 
preservation of the existing water quality of the basin.
  (3) At such time as the Tahoe Regional Planning Agency has 
adopted final requirements for the protection of the water 
quality of the basin, the Secretary of Agriculture shall make 
the findings provided for in sections 3(c)(l) and 3(c)(2) 
herein in a manner consistent with such requirements.
  (4) For purposes of this Act, the term--
          (A) ``improved land'' means any land on which there 
        is located a single family dwelling or other 
        residential or commercial building, the construction of 
        which commenced before the date of enactment of this 
        Act, together with so much of the land on which such 
        building is located as is reasonably necessary to the 
        use and enjoyment of such building; and
          (B) ``unimproved land'' means any land other than 
        improved land.
  (5)(A) The owner or owners of any improved land acquired by 
the Secretary of Agriculture under this Act may retain a right 
of use and occupancy of such land for--
          (i) a definite term of not more than twenty-five 
        years from the date of the enactment of this Act, or,
          (ii) a term ending at the death of the owner or 
        owners of such land.
The owner shall elect the term to be reserved, except that if 
the owner is a corporation, the term shall not exceed twenty-
five years from the date of the enactment of this Act. Unless 
the improved land is wholly or partially donated, the Secretary 
of Agriculture shall pay to the owner the fair market value of 
the improved land on the date of its acquisition, less the fair 
market value on that date of the right retained by the owner. 
For purposes of applying the preceding provisions of this 
subparagraph, ownership shall be determined as of the date of 
acquisition, except that in applying clause (ii) ownership 
shall be determined as of May 1,1980.
          (B) A right retained by the owner pursuant to this 
        paragraph shall be subject to termination by the 
        Secretary of Agriculture upon his determination that it 
        is being exercised in a manner inconsistent with the 
        purposes of this Act, and it shall terminate by 
        operation of law upon notification by the Secretary of 
        Agriculture to the holder of the right of such 
        determination and tendering to him the amount equal to 
        the fair market value of that portion which remains 
        unexpired.
  (d) Lands and interests therein may be acquired by the 
Secretary of Agriculture with concurrence of the Tahoe Regional 
Planning Agency in accordance with this section without the 
consent of the owner thereof only where, in his judgment, all 
reasonable efforts to acquire such lands or interests therein 
by negotiation have failed.
  (e) The fair market value of any land or interest in land to 
be acquired by the Secretary of Agriculture under this section 
shall be determined by an independent appraisal made, where 
practicable, on the basis of comparable sales at the time of 
such acquisition. For purposes of the appraisal of any property 
to be acquired under this section, in determining the 
comparability of other property sales, the independent 
appraisal shall take into account the utilities, services, and 
facilities associated with the property concerned. Any change 
after the date of the enactment of this Act in the value of any 
property to be acquired under this section shall not be taken 
into account for purposes of determining the fair market value 
of such property to the extent that such change is attributable 
to the enactment of this Act.
  (f) In acquiring any property under this section, the 
Secretary of Agriculture and the owner of the property to be 
acquired may agree that the purchase price will be paid in 
periodic installments over a period that does not exceed ten 
years, with interest on the unpaid principal balance thereof at 
a rate which is not in excess of the current average market 
yield on outstanding marketable obligations of the United 
States with remaining period of maturity comparable to average 
maturities on the installments.
  (g) There is hereby authorized to be appropriated, for the 
purposes of this Act, from the Land and Water Conservation 
Fund, $10,000,000 for the fiscal year 1982, and $20,000,000 for 
the fiscal year 1983. In addition there is hereby authorized to 
be appropriated for these and subsequent fiscal years an amount 
equal to the amount of revenue obtained by the Federal 
Government from the sale of federally owned lands in Clark 
County, Nevada, after October 1,1978, reduced for any fiscal 
year by the amount appropriated, pursuant to this sentence, in 
the prior fiscal years. Funds appropriated pursuant to this 
section may be expended without regard to any limitations 
contained in the provisions of section 7(a)(1) of the Land and 
Water Conservation Fund Act of 1965. Amounts authorized to be 
appropriated under this subsection shall remain available until 
expended. Authorizations of moneys to be appropriated under 
this Act shall be effective October 1, 1981. Authority to enter 
into contracts and agreements and to make payments under this 
Act shall be effective only to the extent or in such amounts as 
are provided in advance in appropriation Acts.
  (h) Administrative Expenses Related to Land Adjustments.--
Amounts appropriated pursuant to the authorization of 
appropriations in subsection (g) shall be available to the 
Secretary of Agriculture to cover staffing costs and related 
expenses incurred to accomplish land adjustments in the Lake 
Tahoe Basin Management Unit to create more efficient land 
management patterns.

           *       *       *       *       *       *       *

                              ----------                              


           SOUTHERN NEVADA PUBLIC LAND MANAGEMENT ACT OF 1998



           *       *       *       *       *       *       *
SEC. 5. ACQUISITIONS.

  (a) Acquisitions.--
          (1) Definition.--For purposes of this subsection, the 
        term ``environmentally sensitive land'' means land or 
        an interest in land, the acquisition of which the 
        United States would, in the judgment of the Secretary 
        or the Secretary of Agriculture--
                  (A) promote the preservation of natural, 
                scientific, aesthetic, historical, cultural, 
                watershed, wildlife, and other values 
                contributing to public enjoyment and biological 
                diversity;
                  (B) enhance recreational opportunities and 
                public access;
                  (C) provide the opportunity to achieve better 
                management of public land through consolidation 
                of Federal ownership; or
                  (D) otherwise serve the public interest.
          (2) In general.--After the consultation process has 
        been completed in accordance with paragraph (3), the 
        Secretary may acquire with the proceeds of the special 
        account environmentally sensitive land and interests in 
        environmentally sensitive land. Lands may not be 
        acquired under this section without the consent of the 
        owner thereof. Funds made available from the special 
        account may be used with any other funds made available 
        under any other provision of law.
          (3) Consultation.--Before initiating efforts to 
        acquire land under this subsection, the Secretary or 
        the Secretary of Agriculture shall consult with the 
        State of Nevada and with local government within whose 
        jurisdiction the lands are located, including 
        appropriate planning and regulatory agencies, and with 
        other interested persons, concerning the necessity of 
        making the acquisition, the potential impacts on State 
        and local government, and other appropriate aspects of 
        the acquisition. Consultation under this paragraph is 
        in addition to any other consultation required by law.
          (4) Additional requirements related to acquisitions 
        in lake tahoe basin management unit.--With respect to 
        any land acquisition under this subsection within the 
        Lake Tahoe Basin Management Unit that is proposed after 
        the date of the enactment of the Lake Tahoe Restoration 
        Act of 2015, the Secretary of Agriculture shall, before 
        executing the land acquisition--
                  (A) obtain the consent of each county within 
                whose boundaries the parcel of land is located; 
                and
                  (B) certify that, in addition to being 
                environmentally sensitive land, the parcel of 
                land will provide critical access for 
                recreational use and resolve significant 
                inholding issues in that the parcel is wholly 
                surrounded by National Forest System land.
  (b) Administration.--On acceptance of title by the United 
States, land and interests in land acquired under this section 
that is within the boundaries of a unit of the National Forest 
System, National Park System, National Wildlife Refuge System, 
National Wild and Scenic Rivers System, National Trails System, 
National Wilderness Preservation System, any other system 
established by Act of Congress, or any national conservation or 
national recreation area established by Act of Congress--
          (1) shall become part of the unit or area without 
        further action by the Secretary or Secretary of 
        Agriculture; and
          (2) shall be managed in accordance with all laws and 
        regulations and land use plans applicable to the unit 
        or area.
  (c) Determination of Fair Market Value.--The fair market 
value of land or an interest in land to be acquired by the 
Secretary or the Secretary of Agriculture under this section 
shall be determined pursuant to section 206 of the Federal Land 
Policy and Management Act of 1976 and shall be consistent with 
other applicable requirements and standards. Fair market value 
shall be determined without regard to the presence of a species 
listed as threatened or endangered under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).
  (d) Payments in Lieu of Taxes.--Section 6901(1) of title 31, 
United States Code, is amended as follows:
          (1) By striking ``or'' at the end of subparagraph 
        (F).
          (2) By striking the period at the end of subparagraph 
        (G) and inserting ``; or''.
          (3) By adding at the end the following:
                  ``(H) acquired by the Secretary of the 
                Interior or the Secretary of Agriculture under 
                section 5 of the Southern Nevada Public Land 
                Management Act of 1998 that is not otherwise 
                described in subparagraphs (A) through (G).''.

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[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                            DISSENTING VIEWS

    We oppose H.R. 3382 because it authorizes inadequate 
funding for restoration in the Lake Tahoe Basin and shortcuts 
environmental review and public participation in land 
management decisions.
    The Lake Tahoe Basin is one of the crown jewels of the U.S. 
Forest Service. Over 78% of the area around the lake--a total 
of 150,000 acres, which includes beaches, hiking and biking 
trails, wilderness, historic estates and developed recreation 
areas such as campgrounds and riding stables--is managed by the 
Service. The region receives over 3 million annual visitors and 
Tahoe's natural environment is a major contributor to the 
region's $5 billion economy. Congress declared the restoration 
of the Lake Tahoe basin a federal responsibility in the Lake 
Tahoe Restoration Act of 2000 (P.L. 106-506).
    This commitment was reaffirmed by Executive Order 13057 
(``Federal Actions in the Lake Tahoe Region''), which 
established the Federal Interagency Partnership on the Lake 
Tahoe Ecosystem to assist in the preservation and maintenance 
of environmental and economic conditions in the region. Since 
1997, the federal government has contributed $576.3 million in 
federal funds to restoration activities in the Tahoe Basin. 
During that period, various public and private entities have 
contributed $1.7 billion to over 600 projects. The 2012 update 
identified 700 priority projects from 2008-2018, requiring $2.5 
billion in funding. The projected contribution of the federal 
government is $645 million. Federal contributions will be used 
to support the fuels reduction on an additional 33,603 acres, 
restoration and recovery for endangered species, infrastructure 
updates to improve water quality, and updates to recreation 
facilities. However, H.R. 3382 authorizes less than one percent 
of that projected federal commitment.
    H.R. 3382 includes significant modifications to 
environmental requirements under the National Environmental 
Policy Act (NEPA). Section 4 of the bill provides a broad 
categorical exclusion (CE) under NEPA for any forest management 
activities designed to reduce fuel loads, if the activity is 
developed in coordination with impacted parties and is 
consistent with Lake Tahoe Basin Management Plan. The bill was 
amended at markup to limit the scope of this CE to 10,000 
acres; it is still, however, a broad exemption from 
longstanding environmental review requirements. Land managers 
and regional stakeholders need access to tools that promote 
healthy, resilient forests and protect communities from the 
risks of wildfire. Rolling back bedrock environmental laws 
should not be part of the tool kit.
    The bill also provides a categorical exclusion for 
herbicide application to eradicate invasive plants in Lake 
Tahoe. Removal of invasive species from the lake is a 
restoration priority, but herbicide application should not be 
done without thorough environmental review and public 
participation. The Tahoe Keys Property Owners Association is in 
the process of obtaining permits to use herbicides in its 
battle to remove invasive plants from its marina and adjacent 
parts of the lake. These permits should only be issued after 
thorough review of the plans, informed by public comment. 
Herbicide application is not a universally accepted solution to 
the invasive plant epidemic and stakeholders should, at least, 
have the opportunity to participate in the decision. Instead, 
under the CE provided by H.R. 3382, public participation and 
thorough environmental review is jettisoned in favor of speedy 
approval.
    Furthermore, Section 4 of the bill requires any challenge 
to a forest management activity in Lake Tahoe Basin to be 
addressed through binding arbitration, instead of judicial 
review, closing off citizen access to the courts. The bill 
requires a request for arbitration to be filed within 15 days 
after the date the administrative review decision was issued 
and requires that the arbitrator be appointed by the U.S. 
District Court in the district where the forest management 
activity is located. The arbitrator is only allowed to consider 
the Forest Service's initial proposal and the objector's 
proposal to determine which ``best meets the purpose and needs 
described in the environmental analysis conducted.'' Under this 
standard, there is no room for modification or evolution of the 
proposed activity, and the arbitrator's decision is exempt from 
any further review under NEPA.
    Additionally, only individuals who have submitted a comment 
to the proposed activity can access arbitration. However, under 
the bill, many of the activities would be carried out under the 
aforementioned CE and there would not be an opportunity for 
public comment. As a result, the bill cuts off access to any 
objection or proposed review of forest management decisions in 
the Tahoe Basin.
    For the reasons outlined above, we oppose adoption of H.R. 
3382.

                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Niki Tsongas,
                                           Ranking Member, Subcommittee 
                                               on Federal Lands.
                                   Alan Lowenthal,
                                           Member of Congress.
                                   Matt Cartwright,
                                           Member of Congress.
                                   Jared Huffman,
                                           Ranking Member, Subcommittee 
                                               on Water, Power and 
                                               Oceans.
                                   Grace Napolitano,
                                           Member of Congress.

                                  [all]