Sec. 5. AUTHORIZED PROGRAMS
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## 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 that— ####
(1)is described in subsection (d); ####
(2)is included in the Priority List under subsection (b); and ####
(3)furthers the purposes of the Environmental Improvement Program if the program has been subject to environmental review and approval, respectively, as required under Federal law, Article VII of the Compact, and State law, as applicable. ###
(b)Priority List ####
(1)Deadline Not later than March 15 of the year after the date of enactment of the Water Resources Development Act of 2016, the Chair, in consultation with the Secretary, the Administrator, the Directors, the Planning Agency, the States of California and Nevada, the Federal Partnership, the Washoe Tribe, the Lake Tahoe Federal Advisory Committee, and the Tahoe Science Consortium (or a successor organization) shall submit to Congress a prioritized Environmental Improvement Program list for the Lake Tahoe Basin for the program categories described in subsection (d). ####
(2)Criteria The ranking of the Priority List shall be based on the best available science and the following criteria: #####
(A)The 4-year threshold carrying capacity evaluation. #####
(B)The ability to measure progress or success of the program. #####
(C)The potential to significantly contribute to the achievement and maintenance of the environmental threshold carrying capacities identified in Article II of the Compact. #####
(D)The ability of a program to provide multiple benefits. #####
(E)The ability of a program to leverage non-Federal contributions. #####
(F)Stakeholder support for the program. #####
(G)The justification of Federal interest. #####
(H)Agency priority. #####
(I)Agency capacity. #####
(J)Cost-effectiveness. #####
(K)Federal funding history. ####
(3)Revisions The Priority List submitted under paragraph
(1)shall be revised every 2 years. ####
(4)Funding Of the amounts made available under section 10(a), $80,000,000 shall be made available to the Secretary to carry out projects listed on the Priority List. ###
(c)Restriction The Administrator shall use not more than 3 percent of the funds provided under subsection
(a)for administering the programs described in paragraphs
(1)and
(2)of subsection (d). ###
(d)Description of Activities ####
(1)Fire risk reduction and forest management #####
(A)In general Of the amounts made available under section 10(a), $150,000,000 shall be made available to the Secretary to carry out, including by making grants, the following programs: ######
(i)Programs identified as part of the Lake Tahoe Basin Multi-Jurisdictional Fuel Reduction and Wildfire Prevention Strategy 10-Year Plan. ######
(ii)Competitive grants for fuels work to be awarded by the Secretary to communities that have adopted national wildland fire codes to implement the applicable portion of the 10-year plan described in clause (i). ######
(iii)Biomass programs, including feasibility assessments. ######
(iv)Angora Fire Restoration under the jurisdiction of the Secretary. ######
(v)Washoe Tribe programs on tribal lands within the Lake Tahoe Basin. ######
(vi)Development of an updated Lake Tahoe Basin multijurisdictional fuel reduction and wildfire prevention strategy, consistent with section 4(c). ######
(vii)Development of updated community wildfire protection plans by local fire districts. ######
(viii)Municipal water infrastructure that significantly improves the firefighting capability of local government within the Lake Tahoe Basin. ######
(ix)Stewardship end result contracting projects carried out under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c). #####
(B)Minimum allocation Of the amounts made available to the Secretary to carry out subparagraph (A), at least $100,000,000 shall be used by the Secretary for programs under subparagraph (A)(i). #####
(C)Priority Units of local government that have dedicated funding for inspections and enforcement of defensible space regulations shall be given priority for amounts provided under this paragraph. #####
(D)Cost-sharing requirements ######
(i)In general As a condition on the receipt of funds, communities or local fire districts that receive funds under this paragraph shall provide a 25-percent match. ######
(ii)Form of non-federal share ######
(I)In general The non-Federal share required under clause
(i)may be in the form of cash contributions or in-kind contributions, including providing labor, equipment, supplies, space, and other operational needs. ######
(II)Credit for certain dedicated funding There shall be credited toward the non-Federal share required under clause
(i)any dedicated funding of the communities or local fire districts for a fuels reduction management program, defensible space inspections, or dooryard chipping. ######
(III)Documentation Communities and local fire districts shall— ######
(aa)maintain a record of in-kind contributions that describes— ######
(AA)the monetary value of the in-kind contributions; and ######
(BB)the manner in which the in-kind contributions assist in accomplishing program goals and objectives; and ######
(bb)document in all requests for Federal funding, and include in the total program budget, evidence of the commitment to provide the non-Federal share through in-kind contributions. ####
(2)Invasive species management #####
(A)In general Of the amounts made available under section 10(a), $45,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Aquatic Invasive Species Program and the watercraft inspections described in subparagraph (B). #####
(B)Description of activities The Director of the United States Fish and Wildlife Service, in coordination with the Assistant Secretary, the Planning Agency, the California Department of Fish and Wildlife, and the Nevada Department of Wildlife, shall deploy strategies consistent with the Lake Tahoe Aquatic Invasive Species Management Plan to prevent the introduction or spread of aquatic invasive species in the Lake Tahoe region. #####
(C)Criteria The strategies referred to in subparagraph
(B)shall provide that— ######
(i)combined inspection and decontamination stations be established and operated at not less than 2 locations in the Lake Tahoe region; and ######
(ii)watercraft not be allowed to launch in waters of the Lake Tahoe region if the watercraft has not been inspected in accordance with the Lake Tahoe Aquatic Invasive Species Management Plan. #####
(D)Certification The Planning Agency may certify State and local agencies to perform the decontamination activities described in subparagraph (C)(i) at locations outside the Lake Tahoe Basin if standards at the sites meet or exceed standards for similar sites in the Lake Tahoe Basin established under this paragraph. #####
(E)Applicability The strategies and criteria developed under this paragraph shall apply to all watercraft to be launched on water within the Lake Tahoe region. #####
(F)Fees The Director of the United States Fish and Wildlife Service may collect and spend fees for decontamination only at a level sufficient to cover the costs of operation of inspection and decontamination stations under this paragraph. #####
(G)Civil penalties ######
(i)In general Any person that launches, attempts to launch, or facilitates launching of watercraft not in compliance with strategies deployed under this paragraph shall be liable for a civil penalty in an amount not to exceed $1,000 per violation. ######
(ii)Other authorities Any penalties assessed under this subparagraph shall be separate from penalties assessed under any other authority. #####
(H)Limitation The strategies and criteria under subparagraphs
(B)and (C), respectively, may be modified if the Secretary of the Interior, in a nondelegable capacity and in consultation with the Planning Agency and State governments, issues a determination that alternative measures will be no less effective at preventing introduction of aquatic invasive species into Lake Tahoe than the strategies and criteria developed under subparagraphs
(B)and (C), respectively. #####
(I)Supplemental authority The authority under this paragraph is supplemental to all actions taken by non-Federal regulatory authorities. #####
(J)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. ####
(3)Stormwater management, erosion control, and total watershed restoration Of the amounts made available under section 10(a), $113,000,000 shall be made available— #####
(A)to the Secretary, the Secretary of the Interior, the Assistant Secretary, or the Administrator for the Federal share of stormwater management and related programs consistent with the adopted Total Maximum Daily Load and near-shore water quality goals; #####
(B)for grants by the Secretary and the Administrator to carry out the programs described in subparagraph (A); #####
(C)to the Secretary or the Assistant Secretary for the Federal share of the Upper Truckee River restoration programs and other watershed restoration programs identified in the Priority List established under section 5(b); and #####
(D)for grants by the Administrator to carry out the programs described in subparagraph (C). ####
(4)Special status species management Of the amounts made available under section 10(a), $20,000,000 shall be made available to the Director of the United States Fish and Wildlife Service for the Lahontan Cutthroat Trout Recovery Program.
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Sec. 5
AUTHORIZED PROGRAMS
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