Sec. 4. Improved administration of the Lake Tahoe Basin Management Unit
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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: 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— the Administrator; State and local agencies; and county governments, local governments, and local fire departments.
In conducting forest management activities in the Lake Tahoe Basin Management Unit, the Secretary shall conduct the activities in a manner that— except as provided in paragraph (3), promotes multiple management benefits, including— reducing forest fuels; enhancing and seeking ways to increase recreational opportunities; preserving existing and traditional uses; producing a sustainable yield of natural resource production; and allowing for economic development; and helps achieve, maintain, and identify ways to expand the environmental threshold carrying capacities established by the Planning Agency.
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. 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 activity— is developed— in coordination with impacted parties, specifically including representatives of local governments, such as county supervisors or county commissioners; and in consultation with other interested parties; and is consistent with the Lake Tahoe Basin Management Unit land and resource management plan.
Any challenge to a forest management activity in the Lake Tahoe Basin Management Unit shall be addressed using arbitration consistent with this subsection. 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— be filed not more than 15 days after the date on which the administrative review decision was issued; and include a proposal describing the modifications sought to the forest management activity. 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— by endorsing the activity or the modification proposal; or by submitting a proposal to further modify the activity. 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. 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. The arbitrator appointed under paragraph
(4)may not modify any of the proposals submitted with the demand for arbitration or a request to intervene. The decision of an arbitrator with respect to the forest management activity— shall not be considered a major Federal action; and shall be binding. 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. 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. 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. 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. 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). 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. 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. .
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- Pub. L. 106-506
- 114 Stat. 2353
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Sec. 4
Improved administration of the Lake Tahoe Basin Management Unit
Pub. L.Pub. L. 106-506
Stat.114 Stat. 2353
Cites 4Cited by 0 across 0 sources