[House Report 106-833]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-833
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
LAKE TAHOE RESTORATION ACT
_______
September 7, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3388]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3388) to promote environmental restoration around the
Lake Tahoe basin, having considered the same, report favorably
thereon with an amendment and recommend 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.
This Act may be cited as the ``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 \1/3\ 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) President Clinton 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 that
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 agencies 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.
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. 4. ADMINISTRATION OF THE LAKE TAHOE BASIN MANAGEMENT UNIT.
(a) In General.--The Lake Tahoe Basin Management Unit shall be
administered by the Secretary in accordance with this Act and the laws
applicable to the National Forest System.
(b) Relationship to Other Authority.--
(1) Private or non-federal land.--Nothing in this Act grants
regulatory authority to the Secretary over private or other
non-Federal land.
(2) Planning agency.--Nothing in this Act affects or
increases the authority of the Planning Agency.
(3) Acquisition under other law.--Nothing in this Act affects
the authority of the Secretary to acquire land from willing
sellers in the Lake Tahoe basin under any other law.
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 enactment of
this Act, the Secretary shall develop a priority list of potential or
proposed environmental restoration projects for the Lake Tahoe basin.
(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;
(3) in determining the order of priority of potential and
proposed environmental restoration projects under paragraph
(2), the focus shall address projects (listed in no particular
order) involving--
(A) 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);
(B) the acquisition of environmentally sensitive land
from willing sellers under Public Law 96-586 (94 Stat.
3381) or land acquisition under any other Federal law;
(C) 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 Public Law 96-586 (94 Stat.
3381);
(D) cleaning up methyl tertiary butyl ether
contamination; and
(E) the management of vehicular parking and traffic
in the Lake Tahoe Basin Management Unit, especially--
(i) improvement of public access to the Lake
Tahoe basin, including the promotion of
alternatives to the private automobile;
(ii) the Highway 28 and 89 corridors and
parking problems in the area;
(iii) cooperation with local public
transportation systems, including--
(I) the Coordinated Transit System;
and
(II) public transit systems on the
north shore of Lake Tahoe.
(c) 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.
(d) 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.
(e) 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; and
(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;
(C) any change in general environmental conditions in
the Lake Tahoe basin; and
(D) submit to Congress a report on any changes made.
(f) Cleanup of Hydrocarbon Contamination.--
(1) In general.--The Secretary shall 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 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.
(g) Authorization of Appropriations.--There is authorized to be
appropriated, for the implementation of projects on the priority list,
$20,000,000 for the first fiscal year that begins after the date of
enactment of this Act and for each of the 9 fiscal years thereafter.
SEC. 7. ENVIRONMENTAL IMPROVEMENT PAYMENTS.
Section 2 of Public Law 96-586 (94 Stat. 3381) is amended by striking
subsection (g) and inserting the following:
``(g) Payments to Localities.--
``(1) In general.--The Secretary of Agriculture shall, to the
extent and in the amount provided in advance in appropriations
Acts, make annual payments to the governing bodies of each of
the political subdivisions (including any public utility the
service area of which includes any part of the Lake Tahoe
basin), any portion of which is located in the area depicted on
the final map filed under section 3(a).
``(2) Use of payments.--Payments under this subsection may be
used--
``(A) first, for erosion control and water quality
projects; and
``(B) second, unless emergency projects arise, for
projects to address other threshold categories after
thresholds for water quality and soil conservation have
been achieved and maintained.
``(3) Eligibility for payments.--
``(A) In general.--To be eligible for a payment under
this subsection, a political subdivision shall annually
submit a priority list of proposed projects to the
Secretary of Agriculture.
``(B) Components of list.--A priority list under
subparagraph (A) shall include, for each proposed
project listed--
``(i) a description of the need for the
project;
``(ii) all projected costs and benefits; and
``(iii) a detailed budget.
``(C) Use of payments.--A payment under this
subsection shall be used only to carry out a project or
proposed project that is part of the environmental
improvement program adopted by the Tahoe Regional
Planning Agency in February 1998 and amendments to the
program.
``(D) Federal obligation.--All projects funded under
this subsection shall be part of Federal obligation
under the environmental improvement program.
``(4) Division of funds.--
``(A) In general.--The total amounts appropriated for
payments under this subsection shall be allocated by
the Secretary of Agriculture based on the relative need
for and merits of projects proposed for payment under
this section.
``(B) Minimum.--To the maximum extent practicable,
for each fiscal year, the Secretary of Agriculture
shall ensure that each political subdivision in the
Lake Tahoe basin receives amounts appropriated for
payments under this subsection.
``(5) Authorization of appropriations.--In addition to the
amounts authorized to be appropriated to carry out section 6 of
the Lake Tahoe Restoration Act, there is authorized to be
appropriated for making payments under this subsection
$10,000,000 for the first fiscal year that begins after the
date of enactment of this paragraph and for each of the 9
fiscal years thereafter.''.
SEC. 8. FIRE RISK REDUCTION ACTIVITIES.
(a) In General.--In conducting fire risk reduction activities in the
Lake Tahoe basin, the Secretary shall, as appropriate, coordinate with
State and local agencies and organizations, including local fire
departments and volunteer groups.
(b) Ground Disturbance.--The Secretary shall, to the maximum extent
practicable, minimize any ground disturbances caused by fire risk
reduction activities.
SEC. 9. AVAILABILITY AND SOURCE OF FUNDS.
(a) In General.--Funds authorized under this Act and the amendment
made by this Act--
(1) shall be in addition to any other amounts available to
the Secretary for expenditure in the Lake Tahoe basin; and
(2) shall not be drawn from an appropriation for any other
unit of the National Forest System.
(b) Matching Requirement.--Except as provided in subsection (c),
funds for activities under section 6 of this Act and section 2(g) of
Public Law 96-586 (94 Stat. 3381) shall be available for obligation on
a 1-to-1 basis with funding of restoration activities in the Lake Tahoe
basin by the States of California and Nevada.
(c) Relocation Costs.--The Secretary shall provide \2/3\ of necessary
funding to local utility districts for the costs of relocating
facilities in connection with environmental restoration projects under
section 6 and erosion control projects under section 2 of Public Law
96-586.
(d) Source of Land Acquisition Funds.--To the extent activities under
section 6 of this Act or section 2(g) of Public Law 96-586 involve the
acquisition of land or an interest in land, amounts necessary to
provide for the acquisition of such land or interest may be
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). The appropriation of funds under this subsection shall
be subject to--
(1) any overall funding limitation in effect on use of the
land and water conservation fund; and
(2) the funding limitation specified in section 6(g), in the
case of acquisition carried out as part of an activity under
section 6.
SEC. 10. AMENDMENT OF PUBLIC LAW 96-586.
Section 3(a) of Public Law 96-586 (94 Stat. 3383) is amended by
adding at the end the following:
``(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.''.
SEC. 11. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act exempts the Secretary 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.
Purpose of the Bill
The purpose of H.R. 3388 is to promote environmental
restoration around the Lake Tahoe basin.
Background and Need for Legislation
Lake Tahoe is suffering from loss of water quality
associated with erosion, agricultural runoff, hydrocarbon
contamination, and loss of water filtering capacity due to a
decrease in wetlands. Approximately 40 percent of the trees in
the Lake Tahoe basin are dead or dying, adding to a potential
risk of catastrophic wildfire which would further exacerbate
water quality problems.
The federal government manages 77 percent of the land in
the Lake Tahoe basin and therefore has a unique responsibility
for protecting and maintaining the health of the ecosystem.
H.R. 3388 authorizes a variety of restorative management
activities, including erosion and sediment control, fire risk
reduction treatments, cleanup of groundwater contaminants
(including methyl tertiary butyl ether), management of
vehicular parking and traffic, and acquisition of
environmentally-sensitive land from willing sellers. The
Committee intends that the funds needed to implement this bill
are to come from appropriations specific for this purpose, and
are not intended to come from other U.S. Forest Service
appropriations.
Committee Action
H.R. 3388 was introduced on November 16, 1999, by
Congressman John T. Doolittle (R-CA). The bill was referred
primarily to the Committee on Resources and additionally to the
Committee on Agriculture and the Committee on Transportation
and Infrastructure. Within the Committee on Resources, the bill
was referred to the Subcommittee on Forests and Forest Health.
The Forests and Forest Health Subcommittee held a hearing on
the bill on May 11, 2000. On May 16, 2000, the Subcommittee met
to consider the bill. Congressman Helen Chenoweth-Hage (R-ID)
offered an amendment to clarify that funds for this bill must
be appropriated in advance; the amendment was agreed to by
voice vote. On July 26, 2000, the Full Resources Committee met
to consider the bill. Congressman Doolittle offered an
amendment to clarify the source of the funds to be used in any
land acquisition. The amendment was adopted by voice vote. No
further amendments were offered and the bill, as amended, was
ordered reported to the House of Representatives by voice vote.
Section-by-Section Analysis
Section 1. Short title
This section provides the short title for the bill, the
``Lake Tahoe Restoration Act''.
Section 2. Findings and purposes
Section 2 presents the findings and purposes of the bill.
Section 3. Definitions
Section 3 defines the terms used in the bill.
Section 4. Administration of the Lake Tahoe Basin management unit
Section 4 describes the administration of the Lake Tahoe
Basin Management Unit, clarifying that nothing in this bill
grants the Secretary of Agriculture authority over private or
non-federal land.
Section 5. Consultation with planning agency and other entities
Section 5 lists the duties which require the Secretary to
consult with partners, and the partners who must be consulted.
Section 6. Environmental restoration priority list
Section 6 describes the process by which projects to be
carried out under this bill will be identified, prioritized,
monitored, and funded.
Section 7. Environmental improvement payments
Section 7 revises Section 2 of Public Law 96-586 (94 Stat.
3381) covering payments to localities for purposes of
environmental improvements. The Secretary will make such
payments only to the extent and in the amount provided in
advance in appropriations acts.
Section 8. Fire risk reduction activities
Section 8 requires the Secretary to coordinate fire risk
reduction activities with local officials, and to minimize any
ground disturbances caused by fire risk reduction activities.
Section 9. Availability and source of funds
Section 9 describes the availability and source of funds.
Section 10. Amendment of Public Law 96-586
Section 10 amends Section 3(a) of Public Law 96-586 (94
Stat. 3383) to require willing sellers for any land purchase
carried out under this bill.
Section 11. Relationship to other laws
Section 11 states that nothing in this bill exempts the
Secretary from compliance with any other applicable federal
law.
Section 12. Authorization of appropriations
Section 12 authorizes to be appropriated such sums as are
necessary to carry out this bill.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 1, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3388, the Lake
Tahoe Restoration Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3388--Lake Tahoe Restoration Act
Summary: CBO estimates that implementing H.R. 3388 would
cost $132 million over the 2001-2005 period, assuming
appropriation of the authorized amounts. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 3388 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). State and local
governments might incur some costs to match the federal funds
authorized by this bill, but those costs would be voluntary.
H.R. 3388 would establish a program to restore the
ecological health of the Lake Tahoe basin in California and
Nevada, and would authorize the appropriation of $301 million
for that purpose. The bill would require the Forest Service to
develop and prioritize a list of projects to clean up and
restore water quality in the basin and would authorize the
appropriation of $200 million over 10 years to carry out such
projects on federal lands. The bill also would authorize the
appropriation of $101 million over 10 years for payments to
local governments (including public utilities) within the Lake
Tahoe basin to support similar cleanup activities on nonfederal
lands.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3388 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--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Estimated authorization level...................................... 31 30 30 30 30
Estimated outlays.................................................. 16 26 30 30 30
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
3388 will be enacted by the start of fiscal year 2001 and that
the authorized amounts will be provided as specified by the
bill. Estimates of outlays are based on historical spending
patterns for similar programs.
H.R. 3388 would authorize the appropriation of $20 million
a year over the 2001-2010 period for environmental restoration
projects on federal lands within the Lake Tahoe basin. Based on
information from the Forest Service, we estimate that outlays
for those projects would total about $84 million over the 2001-
2005 period. In addition, the bill would direct the Forest
Service to make payments to local governments and public
utilities to support erosion control and water quality
activities on nonfederal lands and would authorize the
appropriation of $10 million a year for 10 year's for that
purpose. Based on information from the Forest Service, CBO
estimates that such payments would total $47 million over the
2001-2005 period. Finally, the bill would authorize the
appropriation of $1 million for a one-time payment to the Tahoe
Regional Planning Agency and the South Tahoe Public Utility
District to develop a plan for preventing and responding to
hydrocarbon contamination of surface and ground water. Assuming
appropriation of that amount, we estimate that the payment
would be made during fiscal year 2001.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 3388
contains no intergovernmental or private-sector mandates as
defined in UMRA. Local governments in the Lake Tahoe area would
benefit from the payments authorized by the bill. State and
local governments might incur some costs to match the federal
funds, but those costs would be voluntary.
Previous CBO estimate: On July 24, 2000, CBO transmitted a
cost estimate for S. 1925, similar legislation ordered reported
by the Senate Committee on Energy and Natural Resources on July
13, 2000. The two bills are substantially the same, and the
cost estimates are identical.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller and
Susan Van Deventer; and Impact on the Private Sector: Sarah
Sitarek.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
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 italic, existing law in which no change is
proposed is shown in roman):
ACT OF DECEMBER 23, 1980
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. 2. (a) * * *
* * * * * * *
[(g)(1) The Secretary of Agriculture is authorized and
directed to make annual payments to the governing bodies of
each of the political subdivisions any portion of which is
located in the area depicted on the final map filed pursuant to
section 3(a). Such payments may be used only for water
pollution control, soil erosion mitigation, or acquisition by
local government authorities of lands and interests in lands
within the Lake Tahoe Basin, or for any combination of the
foregoing purposes.
[(2) The total amounts appropriated for payments pursuant to
this subsection shall be allocated proportionately among such
political subdivisions in any fiscal year on the basis of the
relative amounts of acreage acquired under this Act in each
such political subdivision.
[(3) In addition to the amounts authorized to be appropriated
to carry out the provisions of section 3 of this Act, there is
authorized to be appropriated for making payments under this
subsection a sum equal to 15 per centum of the amount
appropriated under such section 3.]
(g) Payments to Localities.--
(1) In general.--The Secretary of Agriculture shall,
to the extent and in the amount provided in advance in
appropriations Acts, make annual payments to the
governing bodies of each of the political subdivisions
(including any public utility the service area of which
includes any part of the Lake Tahoe basin), any portion
of which is located in the area depicted on the final
map filed under section 3(a).
(2) Use of payments.--Payments under this subsection
may be used--
(A) first, for erosion control and water
quality projects; and
(B) second, unless emergency projects arise,
for projects to address other threshold
categories after thresholds for water quality
and soil conservation have been achieved and
maintained.
(3) Eligibility for payments.--
(A) In general.--To be eligible for a payment
under this subsection, a political subdivision
shall annually submit a priority list of
proposed projects to the Secretary of
Agriculture.
(B) Components of list.--A priority list
under subparagraph (A) shall include, for each
proposed project listed--
(i) a description of the need for the
project;
(ii) all projected costs and
benefits; and
(iii) a detailed budget.
(C) Use of payments.--A payment under this
subsection shall be used only to carry out a
project or proposed project that is part of the
environmental improvement program adopted by
the Tahoe Regional Planning Agency in February
1998 and amendments to the program.
(D) Federal obligation.--All projects funded
under this subsection shall be part of Federal
obligation under the environmental improvement
program.
(4) Division of funds.--
(A) In general.--The total amounts
appropriated for payments under this subsection
shall be allocated by the Secretary of
Agriculture based on the relative need for and
merits of projects proposed for payment under
this section.
(B) Minimum.--To the maximum extent
practicable, for each fiscal year, the
Secretary of Agriculture shall ensure that each
political subdivision in the Lake Tahoe basin
receives amounts appropriated for payments
under this subsection.
(5) Authorization of appropriations.--In addition to
the amounts authorized to be appropriated to carry out
section 6 of the Lake Tahoe Restoration Act, there is
authorized to be appropriated for making payments under
this subsection $10,000,000 for the first fiscal year
that begins after the date of enactment of this
paragraph and for each of the 9 fiscal years
thereafter.
* * * * * * *
Sec. 3. (a)(1) * * *
* * * * * * *
(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.
* * * * * * *
House of Representatives,
Committee on Resources,
Washington, DC, August 15, 2000.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Washington, DC.
Dear Mr. Chairman: I ask your help in scheduling H.R. 3388,
the Lake Tahoe Restoration Act, authored Congressman John T.
Doolittle, for consideration by the House of Representatives as
soon as possible.
H.R. 3388 was referred primarily to the Committee on
Resources and additionally to your Committee based on its
jurisdiction over forestry in general, and forests reserves
other than those created from the public domain. The purpose of
H.R. 3388 is to enable the U.S. Forest Service to plan and
implement significant new environmental restoration activities
and forest management activities to address degradation of the
Lake Tahoe ecosystem, including sedimentation, dead and dying
trees, loss of water clarity, groundwater contamination and
increased risk of catastrophic forest fires.
Because the House has less than 18 legislative days before
the target adjournment, I ask that you allow the Committee on
Agriculture to be discharged from further consideration of the
bill. This action would not be considered as precedent for any
future referrals of similar measures or seen as affecting your
Committee's jurisdiction over the subject matter of the bill.
Moreover, if the bill is conferenced with the Senate, I would
support naming Agriculture Committee members to the conference
committee.
I look forward to your response and would be pleased to
include it and this letter in the report on H.R. 3388.
Sincerely,
Don Young, Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, August 15, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a draft copy of
the Committee report to accompany H.R. 3388, a bill to promote
environmental restoration around the Lake Tahoe basin, as
ordered reported by your Committee.
As you are aware, the Committee on Agriculture received an
additional referral of this legislation on those provisions of
H.R. 3388 that fall within this Committee's jurisdiction.
However, after conferring with Chairman Goodlatte of the
Subcommittee on Department Operations, Oversight, and Nutrition
and Forestry, I would be glad to waive further consideration of
this measure so as to advance its timely consideration in the
House.
This action is not intended to waive this Committee's
jurisdiction over this matter for all purposes, and should this
legislation go to conference, I would ask you to support the
Committee on Agriculture's request to be represented on any
conference on this bill, or a similar measure, if one should
become necessary.
Once again, I appreciate the continuing consultation
between our committees on matters of shared jurisdiction.
Sincerely,
Larry Combest, Chairman.
------
House of Representatives,
Committee on Resources,
Washington, DC, August 31, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, Washington,
DC.
Dear Mr. Chairman: I ask your help in scheduling H.R. 3388,
the Lake Tahoe Restoration Act, authored Congressman John T.
Doolittle, for consideration by the House of Representatives as
soon as possible.
H.R. 3388 was referred primarily to the Committee on
Resources and additionally to your Committee. The purpose of
H.R. 3388 is to enable the U.S. Forest Service to plan and
implement significant new environmental restoration activities
and forest management activities to address degradation of the
Lake Tahoe ecosystem, including sedimentation, dead and dying
trees, loss of water clarity, groundwater contamination and
increased risk of catastrophic forest fires.
Because the House has less than 21 legislative days before
the target adjournment, I ask that you allow the Committee on
Transportation and Infrastructure to be discharged from further
consideration of the bill. This action would not be considered
as precedent for any future referrals of similar measures or
seen as affecting your Committee's jurisdiction over the
subject matter of the bill. Moreover, if the bill is
conferenced with the Senate, I would support naming
Transportation Committee members to the conference committee.
I look forward to your response and would be pleased to
include it and this letter in the report on H.R. 3388.
Sincerely,
Don Young, Chairman.
------
Committee on Transportation and Infrastructure,
Washington, DC, September 5, 2000.
Hon. Don Young,
Chairman, Committee on Resources, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3388, the Lake Tahoe Restoration Act.
I appreciate your strong interests and those of the bill's
sponsor, Rep. Doolittle, in moving this important legislation
to the House Floor as soon as possible. Accordingly, I will
support discharging the Committee on Transportation and
Infrastructure from further consideration of the bill.
As you know, our Committee has jurisdiction over H.R.
3388's subject matter involving water pollution. This includes
programs, projects, and activities relating to water quality
restoration and protection generally, wetlands restoration, and
prevention of surface and ground water contamination by methyl
tertiary butyl ether, as well as the relationship between
vehicular traffic and parking and the environmental health of
the basin.
I appreciate your assurances that a decision to be
discharged from further consideration of the bill should not be
considered as precedent for future referrals of similar
measures or as affecting the Transportation and Infrastructure
Committee's subject matter jurisdiction and that you would
support the appointment of conferees from the Committee should
a conference with the Senate become necessary. In addition, I
would appreciate your support for any clarifications or
revisions that our staffs agree might be helpful or necessary
and would appreciate your inclusion of this letter in any Floor
debate accompanying House consideration of H.R. 3388.
I congratulate you for your leadership on H.R. 3388 and
look forward to working with you and your colleagues as the
legislation advances.
Sincerely,
Bud Shuster.