H.R. 3382 — what changed

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.

changed “(4) Availability of categorical exclusion—A 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—

changed “(A) is developed—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;

added “(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

added “(C) is consistent with the Lake Tahoe Basin Management Unit land and resource management plan.

removed “(B) 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.”

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

“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).

changed “(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 the quagga mussel 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.”

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

“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.

changed “(2) Use of retained fees—Of the fees deposited under paragraph (1) and appropriated for a fiscal year, the Secretary shall use—fees

changed “(A) at least 50 percent 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; andpersonnel.

changed “(B) Fees collected for non-recreation special uses—In the remainder 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.”

“(b) Administration of acquired land

“(1) In general—Land”

“(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

changed “(ii) not result in any substantial reduction in public access or reduction in availability of existing and traditional public recreation uses.”uses.

added “(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.

changed “(B) Description of land—The land referred to in subsection (a) 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

changed “(ii) not result in any substantial reduction in public access or reduction in availability of existing and traditional public recreation uses.”uses.

added “(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.”