II 

Calendar No. 470 

114TH CONGRESS 

2D SESSION S. 1724 

[Report No. 114–256] 

To provide for environmental restoration activities and forest management 

activities in the Lake Tahoe Basin, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2015 

Mr. HELLER (for himself, Mr. REID, Mrs. BOXER, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

MAY 18, 2016 

Reported by Mr. INHOFE, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To provide for environmental restoration activities and forest 

management activities in the Lake Tahoe Basin, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lake Tahoe Restora5 tion Act of 2015’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 The Lake Tahoe Restoration Act (Public Law 106– 

3 506; 114 Stat. 2351) is amended by striking section 2 

4 and inserting the following: 

5 ‘‘SEC. 2. FINDINGS AND PURPOSES. 

6 ‘‘(a) FINDINGS.—Congress finds that— 

7 ‘‘(1) Lake Tahoe— 

8 ‘‘(A) is one of the largest, deepest, and 

9 clearest lakes in the world; 

10 ‘‘(B) has a cobalt blue color, a biologically 

11 diverse alpine setting, and remarkable water 

12 clarity; and 

13 ‘‘(C) is recognized nationally and world14 wide as a natural resource of special signifi15 cance; 

16 ‘‘(2) in addition to being a scenic and ecological 

17 treasure, the Lake Tahoe Basin is one of the out18 standing recreational resources of the United States, 

19 which— 

20 ‘‘(A) offers skiing, water sports, biking, 

21 camping, and hiking to millions of visitors each 

22 year; and 

23 ‘‘(B) contributes significantly to the econo24 mies of California, Nevada, and the United 

25 States; 


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1 ‘‘(3) the economy in the Lake Tahoe Basin is 

2 dependent on the conservation and restoration of the 

3 natural beauty and recreation opportunities in the 

4 area; 

5 ‘‘(4) the ecological health of the Lake Tahoe 

6 Basin continues to be challenged by the impacts of 

7 land use and transportation patterns developed in 

8 the last century; 

9 ‘‘(5) the alteration of wetland, wet meadows, 

10 and stream zone habitat have compromised the ca11 pacity of the watershed to filter sediment, nutrients, 

12 and pollutants before reaching Lake Tahoe; 

13 ‘‘(6) forests in the Lake Tahoe Basin suffer 

14 from over a century of fire damage and periodic 

15 drought, which have resulted in— 

16 ‘‘(A) high tree density and mortality; 

17 ‘‘(B) the loss of biological diversity; and 

18 ‘‘(C) a large quantity of combustible forest 

19 fuels, which significantly increases the threat of 

20 catastrophic fire and insect infestation; 

21 ‘‘(7) the establishment of several aquatic and 

22 terrestrial invasive species (including perennial 

23 pepperweed, milfoil, and Asian clam) threatens the 

24 ecosystem of the Lake Tahoe Basin; 


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1 ‘‘(8) there is an ongoing threat to the economy 

2 and ecosystem of the Lake Tahoe Basin of the intro3 duction and establishment of other invasive species 

4 (such as yellow starthistle, New Zealand mud snail, 

5 Zebra mussel, and quagga mussel); 

6 ‘‘(9) 78 percent of the land in the Lake Tahoe 

7 Basin is administered by the Federal Government, 

8 which makes it a Federal responsibility to restore ec9 ological health to the Lake Tahoe Basin; 

10 ‘‘(10) the Federal Government has a long his11 tory of environmental stewardship at Lake Tahoe, 

12 including— 

13 ‘‘(A) congressional consent to the estab14 lishment of the Planning Agency with— 

15 ‘‘(i) the enactment in 1969 of Public 

16 Law 91–148 (83 Stat. 360); and 

17 ‘‘(ii) the enactment in 1980 of Public 

18 Law 96–551 (94 Stat. 3233); 

19 ‘‘(B) the establishment of the Lake Tahoe 

20 Basin Management Unit in 1973; 

21 ‘‘(C) the enactment of Public Law 96–586 

22 (94 Stat. 3381) in 1980 to provide for the ac23 quisition of environmentally sensitive land and 

24 erosion control grants in the Lake Tahoe Basin; 


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1 ‘‘(D) the enactment of sections 341 and 

2 342 of the Department of the Interior and Re3 lated Agencies Appropriations Act, 2004 (Pub4 lic Law 108–108; 117 Stat. 1317), which 

5 amended the Southern Nevada Public Land 

6 Management Act of 1998 (Public Law 105– 

7 263; 112 Stat. 2346) to provide payments for 

8 the environmental restoration programs under 

9 this Act; and 

10 ‘‘(E) the enactment of section 382 of the 

11 Tax Relief and Health Care Act of 2006 (Pub12 lic Law 109–432; 120 Stat. 3045), which 

13 amended the Southern Nevada Public Land 

14 Management Act of 1998 (Public Law 105– 

15 263; 112 Stat. 2346) to authorize development 

16 and implementation of a comprehensive 10-year 

17 hazardous fuels and fire prevention plan for the 

18 Lake Tahoe Basin; 

19 ‘‘(11) the Assistant Secretary was an original 

20 signatory in 1997 to the Agreement of Federal De21 partments on Protection of the Environment and 

22 Economic Health of the Lake Tahoe Basin; 

23 ‘‘(12) the Chief of Engineers, under direction 

24 from the Assistant Secretary, has continued to be a 


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1 significant contributor to Lake Tahoe Basin restora2 tion, including— 

3 ‘‘(A) stream and wetland restoration; and 

4 ‘‘(B) programmatic technical assistance; 

5 ‘‘(13) at the Lake Tahoe Presidential Forum in 

6 1997, the President renewed the commitment of the 

7 Federal Government to Lake Tahoe by— 

8 ‘‘(A) committing to increased Federal re9 sources for ecological restoration at Lake 

10 Tahoe; and 

11 ‘‘(B) establishing the Federal Interagency 

12 Partnership and Federal Advisory Committee to 

13 consult on natural resources issues concerning 

14 the Lake Tahoe Basin; 

15 ‘‘(14) at the 2011 and 2012 Lake Tahoe Fo16 rums, Senator Reid, Senator Feinstein, Senator 

17 Heller, Senator Ensign, Governor Gibbons, Governor 

18 Sandoval, and Governor Brown— 

19 ‘‘(A) renewed their commitment to Lake 

20 Tahoe; and 

21 ‘‘(B) expressed their desire to fund the 

22 Federal and State shares of the Environmental 

23 Improvement Program through 2022; 

24 ‘‘(15) since 1997, the Federal Government, the 

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1 ernment, and the private sector have contributed 

2 more than $1,740,000,000 to the Lake Tahoe 

3 Basin, including— 

4 ‘‘(A) $576,300,000 from the Federal Gov5 ernment; 

6 ‘‘(B) $654,600,000 from the State of Cali7 fornia; 

8 ‘‘(C) $112,500,000 from the State of Ne9 vada; 

10 ‘‘(D) $74,900,000 from units of local gov11 ernment; and 

12 ‘‘(E) $323,700,000 from private interests; 

13 ‘‘(16) significant additional investment from 

14 Federal, State, local, and private sources is nec15 essary— 

16 ‘‘(A) to restore and sustain the ecological 

17 health of the Lake Tahoe Basin; 

18 ‘‘(B) to adapt to the impacts of fluctuating 

19 water temperature and precipitation; and 

20 ‘‘(C) to prevent the introduction and estab21 lishment of invasive species in the Lake Tahoe 

22 Basin; and 

23 ‘‘(17) the Secretary has indicated that the Lake 

24 Tahoe Basin Management Unit has the capacity for 


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1 at least $10,000,000 annually for the Fire Risk Re2 duction and Forest Management Program. 

3 ‘‘(b) PURPOSES.—The purposes of this Act are— 

4 ‘‘(1) to enable the Chief of the Forest Service, 

5 the Director of the United States Fish and Wildlife 

6 Service, and the Administrator, in cooperation with 

7 the Planning Agency and the States of California 

8 and Nevada, to fund, plan, and implement signifi9 cant new environmental restoration activities and 

10 forest management activities in the Lake Tahoe 

11 Basin; 

12 ‘‘(2) to ensure that Federal, State, local, re13 gional, tribal, and private entities continue to work 

14 together to manage land in the Lake Tahoe Basin; 

15 ‘‘(3) to support local governments in efforts re16 lated to environmental restoration, stormwater pollu17 tion control, fire risk reduction, and forest manage18 ment activities; and 

19 ‘‘(4) to ensure that agency and science commu20 nity representatives in the Lake Tahoe Basin work 

21 together— 

22 ‘‘(A) to develop and implement a plan for 

23 integrated monitoring, assessment, and applied 

24 research to evaluate the effectiveness of the En25 vironmental Improvement Program; and 


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1 ‘‘(B) to provide objective information as a 

2 basis for ongoing decisionmaking, with an em3 phasis on decisionmaking relating to resource 

4 management in the Lake Tahoe Basin.’’. 

5 SEC. 3. DEFINITIONS. 

6 The Lake Tahoe Restoration Act (Public Law 106– 

7 506; 114 Stat. 2351) is amended by striking section 3 

8 and inserting the following: 

9 ‘‘SEC. 3. DEFINITIONS. 

10 ‘‘In this Act: 

11 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis12 trator’ means the Administrator of the Environ13 mental Protection Agency. 

14 ‘‘(2) ASSISTANT SECRETARY.—The term ‘As15 sistant Secretary’ means the Assistant Secretary of 

16 the Army for Civil Works. 

17 ‘‘(3) CHAIR.—The term ‘Chair’ means the 

18 Chair of the Federal Partnership. 

19 ‘‘(4) COMPACT.—The term ‘Compact’ means 

20 the Tahoe Regional Planning Compact included in 

21 the first section of Public Law 96–551 (94 Stat. 

22 3233). 

23 ‘‘(5) DIRECTORS.—The term ‘Directors’ 

24 means— 


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1 ‘‘(A) the Director of the United States 

2 Fish and Wildlife Service; and 

3 ‘‘(B) the Director of the United States Ge4 ological Survey. 

5 ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO6 GRAM.—The term ‘Environmental Improvement Pro7 gram’ means— 

8 ‘‘(A) the Environmental Improvement Pro9 gram adopted by the Planning Agency; and 

10 ‘‘(B) any amendments to the Program. 

11 ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING

12 CAPACITY.—The term ‘environmental threshold car13 rying capacity’ has the meaning given the term in 

14 Article II of the Compact. 

15 ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Fed16 eral Partnership’ means the Lake Tahoe Federal 

17 Interagency Partnership established by Executive 

18 Order 13057 (62 Fed. Reg. 41249) (or a successor 

19 Executive order). 

20 ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The 

21 term ‘forest management activity’ includes— 

22 ‘‘(A) prescribed burning for ecosystem 

23 health and hazardous fuels reduction; 

24 ‘‘(B) mechanical and minimum tool treat25 ment; 


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1 ‘‘(C) stream environment zone restoration 

2 and other watershed and wildlife habitat en3 hancements; 

4 ‘‘(D) nonnative invasive species manage5 ment; and 

6 ‘‘(E) other activities consistent with Forest 

7 Service practices, as the Secretary determines 

8 to be appropriate. 

9 ‘‘(10) MAPS.—The term ‘Maps’ means the 

10 maps— 

11 ‘‘(A) entitled— 

12 ‘‘(i) ‘LTRA USFS-CA Land Ex13 change/North Shore’; 

14 ‘‘(ii) ‘USFS-CA Land Exchange/West 

15 Shore’; and 

16 ‘‘(iii) ‘USFS-CA Land Exchange/ 

17 South Shore’; and 

18 ‘‘(B) dated April 12, 2013, and on file and 

19 available for public inspection in the appro20 priate offices of— 

21 ‘‘(i) the Forest Service; 

22 ‘‘(ii) the California Tahoe Conser23 vancy; and 

24 ‘‘(iii) the California Department of 

25 Parks and Recreation. 


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1 ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The 

2 term ‘national wildland fire code’ means— 

3 ‘‘(A) the most recent publication of the 

4 National Fire Protection Association codes 

5 numbered 1141, 1142, 1143, and 1144; 

6 ‘‘(B) the most recent publication of the 

7 International Wildland-Urban Interface Code of 

8 the International Code Council; or 

9 ‘‘(C) any other code that the Secretary de10 termines provides the same, or better, stand11 ards for protection against wildland fire as a 

12 code described in subparagraph (A) or (B). 

13 ‘‘(12) PLANNING AGENCY.—The term ‘Planning 

14 Agency’ means the Tahoe Regional Planning Agency 

15 established under Public Law 91–148 (83 Stat. 360) 

16 and Public Law 96–551 (94 Stat. 3233). 

17 ‘‘(13) PRIORITY LIST.—The term ‘Priority List’ 

18 means the environmental restoration priority list de19 veloped under section 5(b). 

20 ‘‘(14) SECRETARY.—The term ‘Secretary’ 

21 means the Secretary of Agriculture, acting through 

22 the Chief of the Forest Service. 

23 ‘‘(15) STREAM ENVIRONMENT ZONE.—The 

24 term ‘Stream Environment Zone’ means an area 

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1 acteristics of the area to the presence of surface 

2 water or groundwater. 

3 ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The 

4 term ‘total maximum daily load’ means the total 

5 maximum daily load allocations adopted under sec6 tion 303(d) of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1313(d)). 

8 ‘‘(17) WATERCRAFT.—The term ‘watercraft’ 

9 means motorized and non-motorized watercraft, in10 cluding boats, seaplanes, personal watercraft, 

11 kayaks, and canoes.’’. 

12 SEC. 4. IMPROVED ADMINISTRATION OF THE LAKE TAHOE 

13 BASIN MANAGEMENT UNIT. 

14 Section 4 of the Lake Tahoe Restoration Act (Public 

15 Law 106–506; 114 Stat. 2353) is amended— 

16 (1) in subsection (b)(3), by striking ‘‘basin’’ 

17 and inserting ‘‘Basin’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— 

20 ‘‘(1) COORDINATION.— 

21 ‘‘(A) IN GENERAL.—In conducting forest 

22 management activities in the Lake Tahoe Basin 

23 Management Unit, the Secretary shall, as ap24 propriate, coordinate with the Administrator 

25 and State and local agencies and organizations, 


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1 including local fire departments and volunteer 

2 groups. 

3 ‘‘(B) GOALS.—The coordination of activi4 ties under subparagraph (A) should aim to in5 crease efficiencies and maximize the compat6 ibility of management practices across public 

7 property boundaries. 

8 ‘‘(2) MULTIPLE BENEFITS.— 

9 ‘‘(A) IN GENERAL.—In conducting forest 

10 management activities in the Lake Tahoe Basin 

11 Management Unit, the Secretary shall conduct 

12 the activities in a manner that— 

13 ‘‘(i) except as provided in subpara14 graph (B), attains multiple ecosystem ben15 efits, including— 

16 ‘‘(I) reducing forest fuels; 

17 ‘‘(II) maintaining biological di18 versity; 

19 ‘‘(III) improving wetland and 

20 water quality, including in Stream 

21 Environment Zones; and 

22 ‘‘(IV) increasing resilience to 

23 changing water temperature and pre24 cipitation; and 


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1 ‘‘(ii) helps achieve and maintain the 

2 environmental threshold carrying capacities 

3 established by the Planning Agency. 

4 ‘‘(B) EXCEPTION.—Notwithstanding sub5 paragraph (A)(i), the attainment of multiple 

6 ecosystem benefits shall not be required if the 

7 Secretary determines that management for mul8 tiple ecosystem benefits would excessively in9 crease the cost of a program in relation to the 

10 additional ecosystem benefits gained from the 

11 management activity. 

12 ‘‘(3) GROUND DISTURBANCE.—Consistent with 

13 applicable Federal law and Lake Tahoe Basin Man14 agement Unit land and resource management plan 

15 direction, the Secretary shall— 

16 ‘‘(A) establish post-program ground condi17 tion criteria for ground disturbance caused by 

18 forest management activities; and 

19 ‘‘(B) provide for monitoring to ascertain 

20 the attainment of the post-program conditions. 

21 ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— 

22 ‘‘(1) IN GENERAL.—Subject to valid existing 

23 rights and paragraph (2), the Federal land located 

24 in the Lake Tahoe Basin Management Unit is with25 drawn from— 


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1 ‘‘(A) all forms of entry, appropriation, or 

2 disposal under the public land laws; 

3 ‘‘(B) location, entry, and patent under the 

4 mining laws; and 

5 ‘‘(C) disposition under all laws relating to 

6 mineral and geothermal leasing. 

7 ‘‘(2) EXCEPTIONS.—A conveyance of land shall 

8 be exempt from withdrawal under this subsection if 

9 carried out under— 

10 ‘‘(A) this Act; or 

11 ‘‘(B) Public Law 96–586 (94 Stat. 3381) 

12 (commonly known as the ‘Santini-Burton Act’). 

13 ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING CA14 PACITY.—The Lake Tahoe Basin Management Unit shall 

15 support the attainment of the environmental threshold 

16 carrying capacities. 

17 ‘‘(f) COOPERATIVE AUTHORITIES.—During the 4 fis18 cal years following the date of enactment of the Lake 

19 Tahoe Restoration Act of 2015, the Secretary, in conjunc20 tion with land adjustment programs, may enter into con21 tracts and cooperative agreements with States, units of 

22 local government, and other public and private entities to 

23 provide for fuel reduction, erosion control, reforestation, 

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1 agement activities on Federal land and non-Federal land 

2 within the programs.’’. 

3 SEC. 5. AUTHORIZED PROGRAMS. 

4 The Lake Tahoe Restoration Act (Public Law 106– 

5 506; 114 Stat. 2351) is amended by striking section 5 

6 and inserting the following: 

7 ‘‘SEC. 5. AUTHORIZED PROGRAMS. 

8 ‘‘(a) IN GENERAL.—The Secretary, the Assistant 

9 Secretary, the Directors, and the Administrator, in coordi10 nation with the Planning Agency and the States of Cali11 fornia and Nevada, may carry out or provide financial as12 sistance to any program that— 

13 ‘‘(1) is described in subsection (d); 

14 ‘‘(2) is included in the Priority List under sub15 section (b); and 

16 ‘‘(3) furthers the purposes of the Environ17 mental Improvement Program if the program has 

18 been subject to environmental review and approval, 

19 respectively, as required under Federal law, Article 

20 VII of the Compact, and State law, as applicable. 

21 ‘‘(b) PRIORITY LIST.— 

22 ‘‘(1) DEADLINE.—Not later than March 15 of 

23 the year after the date of enactment of the Lake 

24 Tahoe Restoration Act of 2015, the Chair, in con25 sultation with the Secretary, the Administrator, the 


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1 Directors, the Planning Agency, the States of Cali2 fornia and Nevada, the Federal Partnership, the 

3 Washoe Tribe, the Lake Tahoe Federal Advisory 

4 Committee, and the Tahoe Science Consortium (or a 

5 successor organization) shall submit to Congress a 

6 prioritized Environmental Improvement Program list 

7 for the Lake Tahoe Basin for each program category 

8 described in subsection (d). 

9 ‘‘(2) CRITERIA.—The ranking of the Priority 

10 List shall be based on the best available science and 

11 the following criteria: 

12 ‘‘(A) The 4-year threshold carrying capac13 ity evaluation. 

14 ‘‘(B) The ability to measure progress or 

15 success of the program. 

16 ‘‘(C) The potential to significantly con17 tribute to the achievement and maintenance of 

18 the environmental threshold carrying capacities 

19 identified in Article II of the Compact. 

20 ‘‘(D) The ability of a program to provide 

21 multiple benefits. 

22 ‘‘(E) The ability of a program to leverage 

23 non-Federal contributions. 

24 ‘‘(F) Stakeholder support for the program. 

25 ‘‘(G) The justification of Federal interest. 


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1 ‘‘(H) Agency priority. 

2 ‘‘(I) Agency capacity. 

3 ‘‘(J) Cost-effectiveness. 

4 ‘‘(K) Federal funding history. 

5 ‘‘(3) REVISIONS.—The Priority List submitted 

6 under paragraph (1) shall be revised every 2 years. 

7 ‘‘(4) FUNDING.—Of the amounts made avail8 able under section 10(a), $80,000,000 shall be made 

9 available to the Secretary to carry out projects listed 

10 on the Priority List. 

11 ‘‘(c) RESTRICTION.—The Administrator shall use not 

12 more than 3 percent of the funds provided under sub13 section (a) for administering the programs described in 

14 paragraphs (1) and (2) of subsection (d). 

15 ‘‘(d) DESCRIPTION OF ACTIVITIES.— 

16 ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN17 AGEMENT.— 

18 ‘‘(A) IN GENERAL.—Of the amounts made 

19 available under section 10(a), $150,000,000 

20 shall be made available to the Secretary to 

21 carry out, including by making grants, the fol22 lowing programs: 

23 ‘‘(i) Programs identified as part of the 

24 Lake Tahoe Basin Multi-Jurisdictional 


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1 Fuel Reduction and Wildfire Prevention 

2 Strategy 10-Year Plan. 

3 ‘‘(ii) Competitive grants for fuels work 

4 to be awarded by the Secretary to commu5 nities that have adopted national wildland 

6 fire codes to implement the applicable por7 tion of the 10-year plan described in clause 

8 (i). 

9 ‘‘(iii) Biomass programs, including 

10 feasibility assessments. 

11 ‘‘(iv) Angora Fire Restoration under 

12 the jurisdiction of the Secretary. 

13 ‘‘(v) Washoe Tribe programs on tribal 

14 lands within the Lake Tahoe Basin. 

15 ‘‘(vi) Development of an updated 

16 Lake Tahoe Basin multijurisdictional fuel 

17 reduction and wildfire prevention strategy, 

18 consistent with section 4(c). 

19 ‘‘(vii) Development of updated com20 munity wildfire protection plans by local 

21 fire districts. 

22 ‘‘(viii) Municipal water infrastructure 

23 that significantly improves the firefighting 

24 capability of local government within the 

25 Lake Tahoe Basin. 


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1 ‘‘(ix) Stewardship end result con2 tracting projects carried out under section 

3 604 of the Healthy Forests Restoration 

4 Act of 2003 (16 U.S.C. 6591c). 

5 ‘‘(B) MINIMUM ALLOCATION.—Of the 

6 amounts made available to the Secretary to 

7 carry out subparagraph (A), at least 

8 $100,000,000 shall be used by the Secretary for 

9 programs under subparagraph (A)(i). 

10 ‘‘(C) PRIORITY.—Units of local govern11 ment that have dedicated funding for inspec12 tions and enforcement of defensible space regu13 lations shall be given priority for amounts pro14 vided under this paragraph. 

15 ‘‘(D) COST-SHARING REQUIREMENTS.— 

16 ‘‘(i) IN GENERAL.—As a condition on 

17 the receipt of funds, communities or local 

18 fire districts that receive funds under this 

19 paragraph shall provide a 25-percent 

20 match. 

21 ‘‘(ii) FORM OF NON-FEDERAL

22 SHARE.— 

23 ‘‘(I) IN GENERAL.—The non24 Federal share required under clause 

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1 tributions or in-kind contributions, in2 cluding providing labor, equipment, 

3 supplies, space, and other operational 

4 needs. 

5 ‘‘(II) CREDIT FOR CERTAIN

6 DEDICATED FUNDING.—There shall 

7 be credited toward the non-Federal 

8 share required under clause (i) any 

9 dedicated funding of the communities 

10 or local fire districts for a fuels reduc11 tion management program, defensible 

12 space inspections, or dooryard chip13 ping. 

14 ‘‘(III) DOCUMENTATION.—Com15 munities and local fire districts 

16 shall— 

17 ‘‘(aa) maintain a record of 

18 in-kind contributions that de19 scribes— 

20 ‘‘(AA) the monetary 

21 value of the in-kind con22 tributions; and 

23 ‘‘(BB) the manner in 

24 which the in-kind contribu25 tions assist in accomplishing 


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1 program goals and objec2 tives; and 

3 ‘‘(bb) document in all re4 quests for Federal funding, and 

5 include in the total program 

6 budget, evidence of the commit7 ment to provide the non-Federal 

8 share through in-kind contribu9 tions. 

10 ‘‘(2) INVASIVE SPECIES MANAGEMENT.— 

11 ‘‘(A) IN GENERAL.—Of the amounts made 

12 available under section 10(a), $45,000,000 shall 

13 be made available to the Director of the United 

14 States Fish and Wildlife Service for the Aquatic 

15 Invasive Species Program and the watercraft 

16 inspections described in subparagraph (B). 

17 ‘‘(B) DESCRIPTION OF ACTIVITIES.—The 

18 Director of the United States Fish and Wildlife 

19 Service, in coordination with the Assistant Sec20 retary, the Planning Agency, the California De21 partment of Fish and Wildlife, and the Nevada 

22 Department of Wildlife, shall deploy strategies 

23 consistent with the Lake Tahoe Aquatic 

24 Invasive Species Management Plan to prevent 


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1 the introduction or spread of aquatic invasive 

2 species in the Lake Tahoe region. 

3 ‘‘(C) CRITERIA.—The strategies referred 

4 to in subparagraph (B) shall provide that— 

5 ‘‘(i) combined inspection and decon6 tamination stations be established and op7 erated at not less than 2 locations in the 

8 Lake Tahoe region; and 

9 ‘‘(ii) watercraft not be allowed to 

10 launch in waters of the Lake Tahoe region 

11 if the watercraft has not been inspected in 

12 accordance with the Lake Tahoe Aquatic 

13 Invasive Species Management Plan. 

14 ‘‘(D) CERTIFICATION.—The Planning 

15 Agency may certify State and local agencies to 

16 perform the decontamination activities de17 scribed in subparagraph (C)(i) at locations out18 side the Lake Tahoe Basin if standards at the 

19 sites meet or exceed standards for similar sites 

20 in the Lake Tahoe Basin established under this 

21 paragraph. 

22 ‘‘(E) APPLICABILITY.—The strategies and 

23 criteria developed under this paragraph shall 

24 apply to all watercraft to be launched on water 

25 within the Lake Tahoe region. 


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1 ‘‘(F) FEES.—The Director of the United 

2 States Fish and Wildlife Service may collect 

3 and spend fees for decontamination only at a 

4 level sufficient to cover the costs of operation of 

5 inspection and decontamination stations under 

6 this paragraph. 

7 ‘‘(G) CIVIL PENALTIES.— 

8 ‘‘(i) IN GENERAL.—Any person that 

9 launches, attempts to launch, or facilitates 

10 launching of watercraft not in compliance 

11 with strategies deployed under this para12 graph shall be liable for a civil penalty in 

13 an amount not to exceed $1,000 per viola14 tion. 

15 ‘‘(ii) OTHER AUTHORITIES.—Any pen16 alties assessed under this subparagraph 

17 shall be separate from penalties assessed 

18 under any other authority. 

19 ‘‘(H) LIMITATION.—The strategies and 

20 criteria under subparagraphs (B) and (C), re21 spectively, may be modified if the Secretary of 

22 the Interior, in a nondelegable capacity and in 

23 consultation with the Planning Agency and 

24 State governments, issues a determination that 

25 alternative measures will be no less effective at 


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1 preventing introduction of aquatic invasive spe2 cies into Lake Tahoe than the strategies and 

3 criteria developed under subparagraphs (B) and 

4 (C), respectively. 

5 ‘‘(I) SUPPLEMENTAL AUTHORITY.—The 

6 authority under this paragraph is supplemental 

7 to all actions taken by non-Federal regulatory 

8 authorities. 

9 ‘‘(J) SAVINGS CLAUSE.—Nothing in this 

10 title restricts, affects, or amends any other law 

11 or the authority of any department, instrumen12 tality, or agency of the United States, or any 

13 State or political subdivision thereof, respecting 

14 the control of invasive species. 

15 ‘‘(3) STORMWATER MANAGEMENT, EROSION

16 CONTROL, AND TOTAL WATERSHED RESTORATION.— 

17 Of the amounts made available under section 10(a), 

18 $113,000,000 shall be made available— 

19 ‘‘(A) to the Secretary, the Secretary of the 

20 Interior, the Assistant Secretary, or the Admin21 istrator for the Federal share of stormwater 

22 management and related programs consistent 

23 with the adopted Total Maximum Daily Load 

24 and near-shore water quality goals; 


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1 ‘‘(B) for grants by the Secretary and the 

2 Administrator to carry out the programs de3 scribed in subparagraph (A); 

4 ‘‘(C) to the Secretary or the Assistant Sec5 retary for the Federal share of the Upper 

6 Truckee River restoration programs and other 

7 watershed restoration programs identified in 

8 the Priority List established under section 5(b); 

9 and 

10 ‘‘(D) for grants by the Administrator to 

11 carry out the programs described in subpara12 graph (C). 

13 ‘‘(4) SPECIAL STATUS SPECIES MANAGE14 MENT.—Of the amounts made available under sec15 tion 10(a), $20,000,000 shall be made available to 

16 the Director of the United States Fish and Wildlife 

17 Service for the Lahontan Cutthroat Trout Recovery 

18 Program.’’. 

19 SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

20 The Lake Tahoe Restoration Act (Public Law 106– 

21 506; 114 Stat. 2351) is amended by striking section 6 

22 and inserting the following: 

23 ‘‘SEC. 6. PROGRAM PERFORMANCE AND ACCOUNTABILITY. 

24 ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT25 ABILITY.— 


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1 ‘‘(1) IN GENERAL.—Of the amounts made 

2 available under section 10(a), not less than 

3 $5,000,000 shall be made available to the Secretary 

4 to carry out this section. 

5 ‘‘(2) PLANNING AGENCY.—Of the amounts de6 scribed in paragraph (1), not less than 50 percent 

7 shall be made available to the Planning Agency to 

8 carry out the program oversight and coordination 

9 activities established under subsection (d). 

10 ‘‘(b) CONSULTATION.—In carrying out this Act, the 

11 Secretary, the Administrator, and the Directors shall, as 

12 appropriate and in a timely manner, consult with the 

13 heads of the Washoe Tribe, applicable Federal, State, re14 gional, and local governmental agencies, and the Lake 

15 Tahoe Federal Advisory Committee. 

16 ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY AGREE17 MENTS.— 

18 ‘‘(1) IN GENERAL.—The Assistant Secretary 

19 may enter into interagency agreements with non20 Federal interests in the Lake Tahoe Basin to use 

21 Lake Tahoe Partnership-Miscellaneous General In22 vestigations funds to provide programmatic technical 

23 assistance for the Environmental Improvement Pro24 gram. 

25 ‘‘(2) LOCAL COOPERATION AGREEMENTS.— 


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1 ‘‘(A) IN GENERAL.—Before providing tech2 nical assistance under this section, the Assist3 ant Secretary shall enter into a local coopera4 tion agreement with a non-Federal interest to 

5 provide for the technical assistance. 

6 ‘‘(B) COMPONENTS.—The agreement en7 tered into under subparagraph (A) shall— 

8 ‘‘(i) describe the nature of the tech9 nical assistance; 

10 ‘‘(ii) describe any legal and institu11 tional structures necessary to ensure the 

12 effective long-term viability of the end 

13 products by the non-Federal interest; and 

14 ‘‘(iii) include cost-sharing provisions 

15 in accordance with subparagraph (C). 

16 ‘‘(C) FEDERAL SHARE.— 

17 ‘‘(i) IN GENERAL.—The Federal share 

18 of program costs under each local coopera19 tion agreement under this paragraph shall 

20 be 65 percent. 

21 ‘‘(ii) FORM.—The Federal share may 

22 be in the form of reimbursements of pro23 gram costs. 

24 ‘‘(iii) CREDIT.—The non-Federal in25 terest may receive credit toward the nonVerDate Sep 11 2014 02:24 May 19, 2016 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.RS S1724

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1 Federal share for the reasonable costs of 

2 related technical activities completed by 

3 the non-Federal interest before entering 

4 into a local cooperation agreement with the 

5 Assistant Secretary under this paragraph. 

6 ‘‘(d) EFFECTIVENESS EVALUATION AND MONI7 TORING.—In carrying out this Act, the Secretary, the Ad8 ministrator, and the Directors, in coordination with the 

9 Planning Agency and the States of California and Nevada, 

10 shall— 

11 ‘‘(1) develop and implement a plan for inte12 grated monitoring, assessment, and applied research 

13 to evaluate the effectiveness of the Environmental 

14 Improvement Program; 

15 ‘‘(2) include funds in each program funded 

16 under this section for monitoring and assessment of 

17 results at the program level; and 

18 ‘‘(3) use the integrated multiagency perform19 ance measures established under this section. 

20 ‘‘(e) REPORTING REQUIREMENTS.—Not later than 

21 March 15 of each year, the Secretary, in cooperation with 

22 the Chair, the Administrator, the Directors, the Planning 

23 Agency, and the States of California and Nevada, con24 sistent with subsection (a), shall submit to Congress a re25 port that describes— 


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1 ‘‘(1) the status of all Federal, State, local, and 

2 private programs authorized under this Act, includ3 ing to the maximum extent practicable, for programs 

4 that will receive Federal funds under this Act during 

5 the current or subsequent fiscal year— 

6 ‘‘(A) the program scope; 

7 ‘‘(B) the budget for the program; and 

8 ‘‘(C) the justification for the program, con9 sistent with the criteria established in section 

10 5(b)(2); 

11 ‘‘(2) Federal, State, local, and private expendi12 tures in the preceding fiscal year to implement the 

13 Environmental Improvement Program; 

14 ‘‘(3) accomplishments in the preceding fiscal 

15 year in implementing this Act in accordance with the 

16 performance measures and other monitoring and as17 sessment activities; and 

18 ‘‘(4) public education and outreach efforts un19 dertaken to implement programs authorized under 

20 this Act. 

21 ‘‘(f) ANNUAL BUDGET PLAN.—As part of the annual 

22 budget of the President, the President shall submit infor23 mation regarding each Federal agency involved in the En24 vironmental Improvement Program (including the Forest 

25 Service, the Environmental Protection Agency, the United 


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1 States Fish and Wildlife Service, the United States Geo2 logical Survey, and the Corps of Engineers), including— 

3 ‘‘(1) an interagency crosscut budget that dis4 plays the proposed budget for use by each Federal 

5 agency in carrying out restoration activities relating 

6 to the Environmental Improvement Program for the 

7 following fiscal year; 

8 ‘‘(2) a detailed accounting of all amounts re9 ceived and obligated by Federal agencies to achieve 

10 the goals of the Environmental Improvement Pro11 gram during the preceding fiscal year; and 

12 ‘‘(3) a description of the Federal role in the 

13 Environmental Improvement Program, including the 

14 specific role of each agency involved in the restora15 tion of the Lake Tahoe Basin.’’. 

16 SEC. 7. CONFORMING AMENDMENTS; UPDATES TO RE17 LATED LAWS. 

18 (a) LAKE TAHOE RESTORATION ACT.—The Lake 

19 Tahoe Restoration Act (Public Law 106–506; 114 Stat. 

20 2351) is amended— 

21 (1) by striking sections 8 and 9; 

22 (2) by redesignating sections 10, 11, and 12 as 

23 sections 8, 9, and 10, respectively; and 


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1 (3) in section 9 (as redesignated by paragraph 

2 (2)) by inserting ‘‘, Director, or Administrator’’ 

3 after ‘‘Secretary’’. 

4 (b) TAHOE REGIONAL PLANNING COMPACT.—Sub5 section (c) of Article V of the Tahoe Regional Planning 

6 Compact (Public Law 96–551; 94 Stat. 3240) is amended 

7 in the third sentence by inserting ‘‘and, in so doing, shall 

8 ensure that the regional plan reflects changing economic 

9 conditions and the economic effect of regulation on com10 merce’’ after ‘‘maintain the regional plan’’. 

11 (c) TREATMENT OF LAKE TAHOE REGION.— 

12 (1) TREATMENT OF LAKE TAHOE REGION

13 UNDER TITLE 23, UNITED STATES CODE.—Section 

14 134 of title 23, United States Code, is amended by 

15 adding at the end the following: 

16 ‘‘(r) TREATMENT OF LAKE TAHOE REGION.— 

17 ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 

18 this subsection, the term ‘Lake Tahoe Region’ has 

19 the meaning given the term ‘region’ in subsection (a) 

20 of Article II of the Lake Tahoe Regional Planning 

21 Compact (Public Law 96–551; 94 Stat. 3234). 

22 ‘‘(2) TREATMENT.—For the purpose of this 

23 title, the Lake Tahoe Region shall be treated as— 

24 ‘‘(A) a metropolitan planning organization; 


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1 ‘‘(B) a transportation management area 

2 under subsection (k); and 

3 ‘‘(C) an urbanized area, which is com4 prised of a population of 145,000 in the State 

5 of California and a population of 65,000 in the 

6 State of Nevada. 

7 ‘‘(3) SUBALLOCATED FUNDING.—In deter8 mining the amount that shall be obligated for a fis9 cal year for each of the States of California and Ne10 vada under section 133(d)(1)(A) and section 

11 213(c)(1)(A), the Secretary shall— 

12 ‘‘(A) calculate the population under each 

13 of clauses (i) through (iii) of section 

14 133(d)(1)(A) and section 213(c)(1)(A); 

15 ‘‘(B) decrease the amount under clause 

16 (iii) of each of section 133(d)(1)(A) and section 

17 213(c)(1)(A) by the population described in 

18 paragraph (2)(C) for the Lake Tahoe Region in 

19 the State; and 

20 ‘‘(C) increase the amount under clause (i) 

21 of each of section 133(d)(1)(A) and section 

22 213(c)(1)(A) by the population described in 

23 paragraph (2)(C) for the Lake Tahoe Region in 

24 the State.’’. 


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1 (2) TREATMENT OF LAKE TAHOE REGION

2 UNDER TITLE 49, UNITED STATES CODE.—Section 

3 5303 of title 49, United States Code, is amended by 

4 adding at the end the following: 

5 ‘‘(r) TREATMENT OF LAKE TAHOE REGION.— 

6 ‘‘(1) DEFINITION OF LAKE TAHOE REGION.—In 

7 this subsection, the term ‘Lake Tahoe Region’ has 

8 the meaning given the term ‘region’ in subsection (a) 

9 of Article II of the Lake Tahoe Regional Planning 

10 Compact (Public Law 96–551; 94 Stat. 3234). 

11 ‘‘(2) TREATMENT.—For the purpose of this 

12 title, the Lake Tahoe Region shall be treated as— 

13 ‘‘(A) a metropolitan planning organization; 

14 ‘‘(B) a transportation management area 

15 under subsection (k); and 

16 ‘‘(C) an urbanized area, which is com17 prised of a population of 145,000 and 25 

18 square miles of land area in the State of Cali19 fornia and a population of 65,000 and 12 

20 square miles of land area in the State of Ne21 vada.’’. 

22 (c) TREATMENT UNDER TITLE 49, UNITED STATES

23 CODE.—Section 5303(r)(2)(C) of title 49, United States 

24 Code, is amended— 


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1 (1) by inserting ‘‘and 25 square miles of land 

2 area’’ after ‘‘145,000’’; and 

3 (2) by inserting ‘‘and 12 square miles of land 

4 area’’ after ‘‘65,000’’. 

5 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

6 The Lake Tahoe Restoration Act (Public Law 106– 

7 506; 114 Stat. 2351) is amended by striking section 10 

8 (as redesignated by section 7(a)(2)) and inserting the fol9 lowing: 

10 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to carry out this Act 

13 $415,000,000 for a period of 10 fiscal years beginning the 

14 first fiscal year after the date of enactment of the Lake 

15 Tahoe Restoration Act of 2015. 

16 ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts author17 ized under this section and any amendments made by this 

18 Act— 

19 ‘‘(1) shall be in addition to any other amounts 

20 made available to the Secretary, the Administrator, 

21 or the Directors for expenditure in the Lake Tahoe 

22 Basin; and 

23 ‘‘(2) shall not reduce allocations for other Re24 gions of the Forest Service, the Environmental ProVerDate Sep 11 2014 02:24 May 19, 2016 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.RS S1724

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1 tection Agency, or the United States Fish and Wild2 life Service. 

3 ‘‘(c) COST-SHARING REQUIREMENT.—Except as pro4 vided in subsection (d) and section 5(d)(1)(D), funds for 

5 activities carried out under section 5 shall be available for 

6 obligation on a 1-to-1 basis with funding of restoration 

7 activities in the Lake Tahoe Basin by the States of Cali8 fornia and Nevada. 

9 ‘‘(d) RELOCATION COSTS.—Notwithstanding sub10 section (c), the Secretary shall provide to local utility districts 2 11 ⁄3 of the costs of relocating facilities in connection 

12 with— 

13 ‘‘(1) environmental restoration programs under 

14 sections 5 and 6; and 

15 ‘‘(2) erosion control programs under section 2 

16 of Public Law 96–586 (94 Stat. 3381). 

17 ‘‘(e) SIGNAGE.—To the maximum extent practicable, 

18 a program provided assistance under this Act shall include 

19 appropriate signage at the program site that— 

20 ‘‘(1) provides information to the public on— 

21 ‘‘(A) the amount of Federal funds being 

22 provided to the program; and 

23 ‘‘(B) this Act; and 

24 ‘‘(2) displays the visual identity mark of the 

25 Environmental Improvement Program.’’. 


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1 SEC. 9. LAND TRANSFERS TO IMPROVE MANAGEMENT EF2 FICIENCIES OF FEDERAL AND STATE LAND. 

3 Section 3(b) of Public Law 96–586 (94 Stat. 3384) 

4 (commonly known as the ‘‘Santini-Burton Act’’) is amend5 ed— 

6 (1) by striking ‘‘(b) Lands’’ and inserting the 

7 following: 

8 ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— 

9 ‘‘(1) IN GENERAL.—Land’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) CALIFORNIA CONVEYANCES.— 

12 ‘‘(A) IN GENERAL.—If the State of Cali13 fornia (acting through the California Tahoe 

14 Conservancy and the California Department of 

15 Parks and Recreation) offers to donate to the 

16 United States acceptable title to the non-Fed17 eral land described in subparagraph (B)(i), the 

18 Secretary— 

19 ‘‘(i) may accept the offer; and 

20 ‘‘(ii) not later than 180 days after the 

21 date on which the Secretary receives ac22 ceptable title to the non-Federal land de23 scribed in subparagraph (B)(i), convey to 

24 the State of California, subject to valid ex25 isting rights and for no consideration, all 

26 right, title, and interest of the United 


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1 States in and to the Federal land that is 

2 acceptable to the State of California. 

3 ‘‘(B) DESCRIPTION OF LAND.— 

4 ‘‘(i) NON-FEDERAL LAND.—The non5 Federal land referred to in subparagraph 

6 (A) includes— 

7 ‘‘(I) the approximately 1,981 

8 acres of land administered by the 

9 California Tahoe Conservancy and 

10 identified on the Maps as ‘Conser11 vancy to the United States Forest 

12 Service’; and 

13 ‘‘(II) the approximately 187 

14 acres of land administered by Cali15 fornia State Parks and identified on 

16 the Maps as ‘State Parks to the U.S. 

17 Forest Service’. 

18 ‘‘(ii) FEDERAL LAND.—The Federal 

19 land referred to in subparagraph (A) in20 cludes the approximately 1,995 acres of 

21 Forest Service land identified on the Maps 

22 as ‘U.S. Forest Service to Conservancy 

23 and State Parks’. 

24 ‘‘(C) CONDITIONS.—Any land conveyed 

25 under this paragraph shall— 


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1 ‘‘(i) be for the purpose of consoli2 dating Federal and State ownerships and 

3 improving management efficiencies; 

4 ‘‘(ii) not result in any significant 

5 changes in the uses of the land; and 

6 ‘‘(iii) be subject to the condition that 

7 the applicable deed include such terms, re8 strictions, covenants, conditions, and res9 ervations as the Secretary determines nec10 essary— 

11 ‘‘(I) to ensure compliance with 

12 this Act; and 

13 ‘‘(II) to ensure that the transfer 

14 of development rights associated with 

15 the conveyed parcels shall not be rec16 ognized or available for transfer under 

17 chapter 51 of the Code of Ordinances 

18 for the Tahoe Regional Planning 

19 Agency. 

20 ‘‘(3) NEVADA CONVEYANCES.— 

21 ‘‘(A) IN GENERAL.—In accordance with 

22 this section and on request by the Governor of 

23 Nevada, the Secretary may transfer the land or 

24 interests in land described in subparagraph (B) 

25 to the State of Nevada without consideration, 


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1 subject to appropriate deed restrictions to pro2 tect the environmental quality and public rec3 reational use of the land transferred. 

4 ‘‘(B) DESCRIPTION OF LAND.—The land 

5 referred to in subparagraph (A) includes— 

6 ‘‘(i) the approximately 38.68 acres of 

7 Forest Service land identified on the map 

8 entitled ‘State of Nevada Conveyances’ as 

9 ‘Van Sickle Unit USFS Inholding’; and 

10 ‘‘(ii) the approximately 92.28 acres of 

11 Forest Service land identified on the map 

12 entitled ‘State of Nevada Conveyances’ as 

13 ‘Lake Tahoe Nevada State Park USFS 

14 Inholding’. 

15 ‘‘(C) CONDITIONS.—Any land conveyed 

16 under this paragraph shall— 

17 ‘‘(i) be for the purpose of consoli18 dating Federal and State ownerships and 

19 improving management efficiencies; 

20 ‘‘(ii) not result in any significant 

21 changes in the uses of the land; and 

22 ‘‘(iii) be subject to the condition that 

23 the applicable deed include such terms, re24 strictions, covenants, conditions, and resVerDate Sep 11 2014 02:24 May 19, 2016 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1724.RS S1724

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1 ervations as the Secretary determines nec2 essary— 

3 ‘‘(I) to ensure compliance with 

4 this Act; and 

5 ‘‘(II) to ensure that the develop6 ment rights associated with the con7 veyed parcels shall not be recognized 

8 or available for transfer under section 

9 90.2 of the Code of Ordinances for 

10 the Tahoe Regional Planning Agency. 

11 ‘‘(4) REVERSION.—If a parcel of land trans12 ferred under paragraph (2) or (3) is used in a man13 ner that is inconsistent with the use described for 

14 the parcel of land in paragraph (2) or (3), respec15 tively, the parcel of land, shall, at the discretion of 

16 the Secretary, revert to the United States. 

17 ‘‘(5) FUNDING.— 

18 ‘‘(A) IN GENERAL.—Of the amounts made 

19 available under section 10(a) of the Lake Tahoe 

20 Restoration Act (Public Law 106–506; 114 

21 Stat. 2351), $2,000,000 shall be made available 

22 to the Secretary to carry out the activities 

23 under paragraphs (2) and (3). 

24 ‘‘(B) OTHER FUNDS.—Of the amounts 

25 available to the Secretary under paragraph (1), 


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1 not less than 50 percent shall be provided to 

2 the California Tahoe Conservancy to facilitate 

3 the conveyance of land described in paragraphs 

4 (2) and (3).’’. 


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Calendar No. 470 

114TH CONGRESS 

2D SESSION S. 1724 

[Report No. 114–256] 

A BILL 

To provide for environmental restoration activities 

Tahoe Basin, and for other purposes. and forest management activities in the Lake 

MAY 18, 2016 

Reported with an amendment 


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