Appendix E — Kelly v. Tahoe Regional Planning Agency

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PUBLIC LAW 96-551 - DEC. 19, 1980

Public Law 96-551

96th Congress

An Act

To grant the consent of the Congress to the Tahoe Regional

Planning Compact, and to authorize the Secretary of Agricul-

ture and others to cooperaie with the planning agency

thereby created.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That in

order to encourage the wise use and conservation of the

waters of Lake Tahoe and of the resources of the area around

Said lake, the consent of the Congress is hereby given to the

Tahoe Regional Planning Compact heretofore adopted by the

States of California and Nevada, which compact reads a

follows

TAHOE REGIONAL PLANNING COMPACT

ARTICLE I. FINDINGS AND DECLARATIONS

OF POLICY

(a) It is found and declared that

(1) The waters of Lake Tahoe and other resources of

the region are threatened with deterioration or degeneration,

which endangers the natural beauty and economic produc-

tivity of the region.

(2) The public and private interests and investments in

the region are substantial

(3) The region exhibits unique environmental and

ecological values which are irreplaceable.

(4) By virtue of the special conditions and cir-

cumstances of the region’s natural ecology, developmental

pattern, population distribution and human needs, the region

is experiencing problems of resource use and deficiencies of

environmental control.

(5) Increasing urbanization is threatening the ecological

values of the region and threatening the public opportunities

for use of the public lands.

(6) Maintenance of the social and economic health of

the region depends on maintaining the significant scenic,

recreational, educational, scientific, natural and public health

values provided by the Lake Tahoe Basin.

(7) There is a public interest in protecting, preserving

and enhancing these values for the residents of the region

and for visitors to the region.

(8) Responsibilities for providing recreational and

scientific opportunities, preserving scenic and natural areas,

and safeguarding the public who live, work and play in or

visit the region are divided among local governments, re-

gional agencies, the States of California and Nevada, and the

federal government.

(9) In recognition of the public investment and multi-

State and national significance of the recreational values, the

federal government has an interest in the acquisition of

recreational property and the management of resources in the

region to preserve environmental and recreational values, and

the federal government should assist the states in fulfilling

their responsibilities.

(10) In order to preserve the scenic beauty and outdoor

recreational opportunities of the region, there is a need to

insure an equilibrium between the region’s natural endow-

ment and its manmade environment.

(b) In order to enhance the efficiency and governmental

effectiveness of the region, it is imperative that there be

established a Tahoe Regional Planning Agency with the

powers conferred by this compact including the power to

establish environmental threshold carrying capacities and to

adopt and enforce a regional plan and implementing or-

dinances which will achieve and maintain such capacities

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while providing opportunities for orderly growth and devel-

opment consistent with such capacities.

and administer its plans, ordinances, rules and regulations in

accordance with the provisions of this compact.

ARTICLE II.

DEFINITIONS

As used in this compact, the following terms have the follow-

ing meanings:

(a) “Region,” includes Lake Tahoe, the adjacent parts of

Douglas and Washoe Counties and Carson City, which for

the purposes of this compact shall be deemed a county lying

within the Tahoe Basin in the State of Nevada, and the adja-

cent parts of the Counties of Placer and El Dorado lying

within the Tahoe Basin in the State of California, and that

additional and adjacent part of the County of Placer outside

of the Tahoe Basin in the State of California which lies

southward and eastward of a line starting at the intersection

of the bas n crestline and the north boundary of Section 1,

thence west to the northwest corner of Section 3, thence

south to the intersection of the basin crestline and the west

boundary of Section 10; all sections referring to Township 15

north, Range 16 east, M.D.B. & M. The region defined and

described herein shall be as precisely delineated on official

maps of the agency.

(b) “Agency” means the Tahoe Regional Planning

Agency.

Tahoe Regional Planning Agency.

(d) “Regional plan” means the long-term general plan for

the developmeat of the region.

(e) “Planning commission” means the advisory planning

commission appointed pursuant to subdivision (h) of Article

If.

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(f) “Gaming” means to deal, operate, carry on, conduct,

maintain or expose for play any banking or percentage game

played with cards, dice or any mechanical device or machine

for money, property, checks, credit or any representative of

value, including, without limiting the generality of the

foregoing, faro, monte, roulette, keno, bingo, fan-tan,

twenty-one, blackjack, seven-and-a-half, big injun, klondike,

craps, stud poker, draw poker or slot machine, but does not

include social games played solely for drinks, or cigars or

Cigarettes served individually, games played in private

homes or residences for prizes or games operated by

charitable or educational organizations, to the extent ex-

cluded by applicable State law.

(g) “Restricted gaming license” means a license to oper-

ate not more than 15 slot machines on which a quarterly fee

is charged pursuant to NRS 463.373 and no other games.

(h) “Project” means an activity undertaken by any person,

including any pubic agency, if the activity may substantially

affect the land, water, air, space or any other natural re-

sources of the region.

(i) “Environmental threshold carrying capacity” means an

environmental standard necessary to maintain a significant

scenic, recreational, educational, scientific or natural value

of the region or to maintain pubic health and safety within

the region. Such standards shall include but not be limited to

Standards for air quality, water quality, soil conservation,

vegetation preservation and noise.

(j) “Feasible” means capable of being accomplished in a

successful manner within a reasonable period of time, taking

into account economic, environmental, social and technologi-

cal factors.

(k) “Areas open to pubic use” means all of the areas

within a structure housing gaming under a nonresiricted

license except areas devoted to the private use of guests.

(1) “Areas devoted to private use of guests” means hotel

rooms and hallways to serve hotel room areas, and any.

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parking areas. A hallway serves hotel room areas if more

than SO percent of the areas of each side of the hallway are

hotel rooms.

(m) “Nonrestricted license” means a gaming license

which is not a restricted gaming license.

ARTICLE III. ORGANIZATION

(a) There is created the Tahoe Regional Planning Agency

as a separate legal entity.

The governing body of the agency shall be constituted as

follows:

(1) California delegation:

(A) One member appointed by each of

the County Boards of Supervisors of the

Counties of El Dorado and Placer and one

member appointed by the City Council of the

City of South Lake Tahoe. Any such member

may be a member of the county board of

supervisors or city council, respectively, and

shall reside in the territorial jurisdiction of the

governmental body making the appointment.

(B) Two members appointed by the

Governor of California, one member ap-

pointed by the Speaker of the Assembly of

California and one member appointed by the

Senate Rules Committee of the State of

California. The members appointed pursuant

to this subparagraph shall not be resident of

the region and shall represent the public at

large within the State of California A member

appointed by the Speaker of the Assembly or

the Senate Rules Committee may, subject to

confirmation by his or her appointing power,

designate an alternate to attend meetings and

vote in the absence of the appointed member.

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The designation of a named alternate, which

shall be in writing and contain evidence of

confirmation by the appointing power, shall

be kept on file with the agency. An appointed

member may change his or her alternate from

time to time, with the confirmation of the

appointing power, but shall have only one

designated alternate at a time. An alternate

Shall be subject to those qualifications and

requirements prescribed by this compact that

are applicable to the appointed member.

(2) Nevada delegation:

(A) One member appointed by each of

the boards of county commissioners of

Douglas and Washoe Counties and one mem-

ber appointed by the Board of Supervisors of

Carson City. Any such member may be a

member of the board of county commissioners

or board of supervisors, respectively, and

shall reside in the territorial jurisdiction of the

governmental body making the appointment.

(B) Two members appointed by the

Governor of Nevada, one member appointed

by the Speaker of the Assembly and one

member appointed by the Majority Leader of

the Nevada Senate. All members appointed

pursuant to this subparagraph shall not be

residents of the region and shall represent a

pubic at large within the State of Nevada. A

member appointed by the Speaker of the

Nevada Assembly or the Majority Leader of

the Nevada Senate may, subject to confirma-

tion by his or her appointing power, designate

an alternate to attend meetings and vote in the

absence of the appointed member. The desig-

nation of a named alternate, which shall be in

writing and contain evidence of confirmation

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by the appointing power, shall be kept on file

with the agency. An appointed member may

change his or her alternate from time to time,

with the confirmation of the appointing

power, but shall have only one designated

alternate at a time. An alternate shall be

subject to those qualifications and require-

ments prescribed by this compact that are

applicable to the appointed member.

(3) If any appointing authority under para-

graph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make

such an appointment within 60 days after the effec-

‘tive date of the amendments to this compact or the

occurrence of a vacancy on the governing body, the

governor of the state in which the appointing

authority is located shall make the appointment.

The term of any member so appointed shall be 1

year.

(4) The position of any member of the gov-

erning body shall be deemed vacant if such a mem-

ber is absent from three consecutive meetings of

the governing body in any calendar year.

(5S) Each member and employee of the

agency shall disclose his economic interests in the

region within iO days after taking his seat on the

governing board or being employed by the agency

and shall thereafter disclose any further economic

interest which he acquires, as soon as feasible after

he acquires it. As used in this paragraph,

“economic interests” means:

(A) Any business entity operating in the

region in which the member or employee has

a direct or indirect investment worth more

than one thousand dollars ($1,000).

(B) Any real property located in the

region in which the member or employee has

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a direct or indirect interest worth more than

one thousand dollars ($1,000).

activities in the region, other than loans by or

deposits with a commercial lending institution

in the regular course of business, aggregating

two hundred fifty dollars ($250) or more in

value received by or promised to the member

within the preceding 12 months; or

(D) Any business entity operating in the

region in which the member or employee is a

director officer, partner, trustee, employee or

holds any position of management.

No member or employee of the agency shall make,

or attempt to influence, an agency decision in

which he knows or has reason to know he has an

economic interest. Members and employees of the

agency must disqualify themselves from making or

participating in the making of any decision of the

agency when it is reasonably foreseeable that the

decision wilt have a material financial effect,

distinguishable from its effect on the public

generally, on the economic interest of the member

or employee.

(b) The members of the agency shall serve without com-

pensation, but the expense of each member shall be met by

the body which he represents in accordance with the law of

that body. All other expenses incurred by the government

body in the course of exercising the powers conferred upon it

by this compact unless met in some other manner specifically

provided, shall be paid by the agency out of its own funds.

pleasure of the appointing authority in each case, but each

appointment shall be reviewed no less often than every 4

years. Members may be reappointed.

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(d) The governing body of the agency shall meet at least

monthly. All meetings shall be opened to the pubic to the

extent required by the law of the State of California or the

State of Nevada, whichever imposes the greater requirement,

applicable to local governments at the time such meeting is

held. The government body shall fix a date for its regular

monthly meeting in such terms as “the first Monday of each

month,” and shall not change such date more often than once

in any calendar year. Notice of the date so fixed shall be

given by publication at least once in a newspaper or combi-

nation of newspapers whose circulation is general throughout

the region and in each county a portion of whose territory

lies within the region. Notice of any special meeting, except

an emergency meeting, shall be given by so publishing the

date and place and posting an agenda at least 5 days prior to

the meeting.

(e) The position of a member of the governing body shall

be considered vacated upon his loss of any of the qualifica-

tions required for his appointment and in such event the

appointing authority shall appoint a successor.

(f) The governing body shall elect from its own members

a chairman and vice chairman, whose terms of olfice shall be

2 years, and who may be reelected. If a vacancy occurs in

either office, the governing body may fill such vacancy for

the unexpired term.

(g) Four of the members of the governing body from each

State constitute a quorum for the transaction of the business

of the agency. The voting procedures shall be as follows:

(1) For adopting, amending or repealing

environmental threshold carrying capacities, the

regional plan, and ordinances, rules and regula-

tions, and for granting variances from the or-

dinances, rules and regulations, the vote of at least

four of the members of the other state shall be

required to take action. If there is no vote of at

least four of the members from one state agreeing

with the vote of at least four of the members of the

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other state on the actions specified in_ this

paragraph, an action of rejection shall be deemed

to have been taken.

(2) For approving a project, the affirmative

vote of at least five members from the state in

which the project is located and the affirmative

vote of at least nine members of the governing

body are required. If at least five members of the

governing body from the state in which the project

is located and at least nine members of the entire

governing body do not vote in favor of the project,

upon a motion for approval, an action of rejection

Shall be deemed to have been taken. A decision by

the agency to approve a project shall be supported

by a statement of findings, adopted by the agency,

which indicates that the project complies with the

regional plan and with applicable ordinances, rules

and regulations of the agency.

(3) For routine business and for directing the

agency’s Staff on litigation and enforcement ac-

tions, at least eight members of the governing body

must agree to take action. If at least eight votes in

favor of such action are not cast, an action of

rejection shall be deemed to have been taken.

Whenever under the provisions of this compact or any or-

dinance, rule, regulation or policy adopted pursuant thereto,

the agency is required to review or approve any project,

public or private, the agency shall take final action by vote,

whether to approve, to require modification or to reject such

project, within 180 days after the application for such project

is accepted as complete by the agency in compliance with the

agency’s rules and regulations governing such delivery

unless the applicant has agreed to an extension of this time

limit. If a final action by vote does not take place within 180

days, the applicant may bring an action in a court of compe-

tent jurisdiction to compel a vote unless he has agreed to an

extension. This provision does not limit the right of any

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person to obtain judicial review of agency action under

subdivision (h) of Article VI. The vote of each member of

the governing body shall be individually recorded. The

governing body shall adopt its own rules, regulations and

procedures.

(h) An advisory planning commission shall be appointed

by the agency. The commission shall include: the chief

planning officers of Placer County, El Dorado County, and

the City of South Lake Tahoe in California and of Douglas

County, Washoe County and Carson City in Nevada, the

executive officer of the Lahontan Regional Water Quality

Control Board of the State of California, the executive offi-

cer of the Air Resources Board of the State of California, the

Director of the State Department of Conservation and Natu-

ral Resources of the State of Nevada, the Administrator of

the Division of Environmental Protection in the State Depart-

ment of Conservation and Natural Resources of the State of

Nevada, the Administrator of the Lake Tahoe Management

Unit of the United States Forest Service, and at least four lay

members with an equal number from each state, at least half

of whom shall be residents of the region. Any official mem-

ber may designate an alternate.

The term of office of each lay member of the advisory

planning commission shall be 2 years. Members may be

reappointed.

The position of each member of the advisory planning

commission shall be considered vacated upon loss of any of

the qualifications required or appointment, and in such an

event the appointing authority shall appoint a successor.

The advisory planning commission shall elect from its

own members a chairman, whose terms of office shall be 2

years and who may be reelected. If a vacancy occurs in

either office, the advisory planning commission shall fill

such vacancy for the unexpired term.

A majority of the members of the advisory planning com-

mission constitutes a quorum for the transaction of the busi-

ness of the commission. A majority vote of the quorum

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present shall be required to take action with respect to any

matter.

(i) The agency shall establish and maintain an office

within the region, and for this purpose the agency may rent

Or own property and equipment. Every plan, ordinance and

other record of the agency which is of such nature as to

constitute a public record under the law of either the State of

California or the State of Nevada shall be opened to inspec-

tion and copying during regular office hours.

(j) Each authority charged under this compact or by the

law of either state with the duty of appointing a member of

the government body of the agency shall by certified copy of

its resolution or other action notify the Secretary of State of

its own State of the action taken.

ARTICLE IV. PERSONNEL

(a) The governing body shall determine the qualification

of, and it shall appoint and fix the salary of, the executive

officer of the agency, and shall employ such other staff and

legal counsel as may be necessary to execute the powers and

functions provided for under this compact or in accordance

with any intergovernmental contracts or agreements the

agency may be responsible for administering.

(b) Agency personnel standards and regulations shall

conform insofar as possible to the regulations and procedures

of the civil service of the State of California or the State of

Nevada, as may be determined by the governing body of the

agency; and shall be regional and bistate in application and

effect; provided that the governing may, for administrative

convenience and at its discretion, assign the administration

of designated personnel arrangements to an agency of either

State, and provided that administratively convenient adjust-

ments be made in the standards and regulations governing

personnel assigned under intergovernmental agreements.

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in such additional programs of employee benefits as may be

appropriate to afford employees of the agency terms and

conditions of employment similar to those enjoyed by em-

ployees of California and Nevada generally.

ARTICLE V. PLANNING

(a) In preparing each of the plans required by this article

and each amendment thereto, if any, subsequent to its adop-

tion, the planning commission after due notice shall hold at

least one public hearing which may be continued from time

to time, and shall review the testimony and any written

recommendations presented at such hearing before recom-

mending the plan or amendment. The notice required by this

subdivision shall be given at least 20 days prior to the public

hearing by publication at least once in a newspaper or combi-

nation of newspapers whose circulation is general throughout

the region and in cach county a portion of whose territory

lies within the region.

The planning commission shall then recommend such plan

or amendment to the governing body for adoption by or-

dinance. The governing body may adopt, modify or reject

the proposed plan or amendment, or may initiate and adopt a

plan or amendment without referring it to the planning com-

mission. If the governing body initiates or substantially

modifies a plan or amendment, it shall hold at least one

public hearing thereon after due notice as required in this

subdivision.

If a request is made for the amendment of the regional

plan by:

(1) A political subdivision a part of whose

territory would be affected by such amendment; or

(2) The owner or lessee of real property

which would be affected by such amendment,

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the governing bedy shall complete its action on such amend

ment within 180 days after such request is accepted as com

plete according to standards which must be prescribed by

ordinance of the agency.

(b) The agency shall develop, in cooperation with the

States of California and Nevada, environmental threshold

carrying capacities for the region. The agency should re-

quest the President’s Council on Environmental Quality, the

U.S. Forest Service and other appropriate agencies to assist

in developing such environmental threshold’ carrying

capacities. Within 18 months after the effective date of the

amendments to this compact, the agency shall adopt environ

mental threshold carrying capacities for the region

threshold carrying capacities for the region, the agency shall

amend the regional plan so that, at a minimum, the plan and

all of its elements, as implemented through agency or

dinances, rules and regulations, achieves and maintains the

adopted environmental threshold carrying capacities. Each

element of the plan shail contain implementation provisions

and time schedules for such implementation by ordinance

The planning commission and governing body shall continu

ously review and maintain the regional plan. The regional

plan shall consist of a diagram, or diagrams, and text, or

texts setting forth the projects and proposals for implementa

tion of the regional plan, a description of the needs and goals

of the region and statement of the policies, standards and

elements of the regional plan.

The regional plan shall be a single enforceable plan and

include all of the following correlated elements

(1) A land-use plan for the integrated ar-

rangement and general location and extent of, and

the criteria and standards for, the uses of land,

water, air, space and other natural resources within

the region, including but not limited to, an indica-

tion or allocation of maximum population densities

and permitted uses.

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(2) A transportation plan for the integrated

development of a regional system of transportation,

including but not limited to parkways, highways

transportation facilities, transit routes, waterways,

navigation facilities, public transportation facili-

ties, bicycle facilities, and appurtenant terminals

and facilities for the movement of people and

goods within the region. The goal of transportation

planning shall be:

(A) To reduce dependency on the auto-

mobile by making more effective use of exist-

ing transportation modes and of public transit

to move people and goods within the region,

and

(B) To reduce to the extent feasible air

pollution which is caused by motor vehicles.

Where increases in capacity are required, the

agency shall give preference to providing such

capacity through public transportation and public

programs and projects related to transportation.

The agency shall review and consider all existing

transportation plans in preparing its’ regional

transportation plan pursuant to this paragraph.

The plan shall provide for an appropriate transit

system for the region.

The plan shall give consideration to:

(A) Completion of the Loop Road in the

States of Nevada and California;

(B) Utilization of a light rail mass tran-

Sit system in the South Shore area; and

the Kingsbury Grade area.

Until the regional plan is revised, or a new transpor-

tation plan is adopted in accordance with this

paragraph, the agency has no effective transporta-

tion plan.

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(3) A conservation plan for the preservation,

development, utilization, and management of the

scenic and other natural resources within the basin,

including but not limited to, soils, shoreline and

submerged lands, scenic corridors along transporta-

tion routes, open spaces, recreational and historical

facilities.

(4) A recreation plan for the development,

utilization, and management of the recreational

resources of the region, including but not limited

to, wilderness and forested lands, parks and

parkways, riding and hiking trails, beaches and

playgrounds, marinas, areas for skiing and other

recreational facilities.

(S) A public services and facilities plan for

the general location, scale and provision of public

services and facilities, which, by the nature of their

function, size, extent and other characteristics are

necessary Or appropriate for inclusion in the re-

gional plan.

In formulating and maintaining the regional plan, the

planning commission and governing body shall take account

of and shall seek to harmonize the needs of the region as a

whole, the plans of the counties and cities within the region,

the plans and planning activities of the state, federal and

other public agencies and nongovernmental agencies and

organizations which affect or are concerned with planning

and development within the region.

(d) The regional plan shall provide for attaining and

maintaining federal, state, or local air and water quality

standards, whichever are strictest, in the respective portions

of the region for which the standards are applicable.

The agency may, however, adopt air or water quality

Standards or control measures more stringent than the appli-

cable state implementation plan or the applicable federal,

State, or local standards for the region, if it finds that such

additional standards or control measures are necessary to

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achieve the purposes of this compact. Each element of the

regional plan, where applicable, shall, by ordinance, identify

the means and time schedule by which air and water quality

standards will be attained.

(e) Except for the Regional Transportation Plan of the

California Tahoe Regional Planning Agency, the regional

plan, ordinances, rules and regulations adopted by the

California Tahoe Regional Planning Agency in effect on July

1, 1980, shall be the regional plan, ordinances, rules and

regulations of the Tahoe Regional Planning Agency for the

portion of the Tahoe region located in the State of California

Such plan, ordinance, rule or regulation may be amended or

repealed by the governing body of the agency. The plans,

ordinances, rules and regulations of the Tahoe Regional

Planning Agency that do not conflict with, or are not ad-

dressed by, the California Tahoe Regional Planning Agen-

cy’s plans, ordinances, rules and regulations referred to in

this subdivision shall continue to be applicable unless

amended or repealed by the governing body of the agency

No provision of the regional plan, ordinances, rules and

regulations of the California Tahoe Regional Planning

Agency referred to in this subdivision shall apply to that

portion of the region within the State of Nevada, unless such

provision is adopted for the Nevada portion of the region by

the governing body of the agency.

(f) The regional plan, ordinances, rules and regulations of

the Tahoe Regional Planning Agency apply to that portion of

the region within the State of Nevada.

(g) The agency shall adopt ordinances prescribing spe-

cific written findings that the agency must make prior to

approving any project in the region. These findings shall

relate to environmental protection and shall insure that the

project under review will not adversely affect implementa-

tion of the regional plan and will not cause the adopted

environmental threshold carrying capacities of the region to

be exceeded.

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(h) The agency shall maintain the data, maps and other

information developed in the course of formulating and

administering the regional plan, in a form suitable to assure a

consistent view of developmental trends and other relevant

information for the availability of and use by other agencies

of government and by private organizations and individuals

concerned.

(i) Where necessary for the realization of the regional

plan, the agency may engage in collaborative planning with

local governmental jurisdictions located outside the region,

but contiguous to its boundaries. In formulating and im-

plementing the regional plan, the agency shall seek the coop-

eration and consider the recommendations of counties and

cities and other agencies of local government, of state and

federal agencies, of educational institutions and research

organizations, whether public or private, and of civic groups

and private persons.

ARTICLE VI. AGENCY’S POWERS

(a) The governing body shall adopt all necessary or-

denances, rules, and regulations to effectuate the adopted

regional plan. Except as otherwise provided in this compact,

every such ordinance, rule or regulation shall establish a

minimum standard applicable throughout the region. Any

political subdivision or public agency may adopt and enforce

an equal or higher requirement applicable to the same subject

of regulation in its territory. The regulations of the agency

Shall contain standards including but not limited to the fol-

lowing: Water purity and clarity; subdivision, zoning; tree

removal; solid waste disposal; sewage disposal; land fills,

excavations, cuts and grading; piers, harbors, breakwaters or

channels and other shoreline developments; waste disposal in

Shoreline areas; waste disposal from boats; mobile-home

parks; house relocation; outdoor advertising; flood plain

protection; soil and sedimentation control; air pollution; and

watershed protection. Whenever possible without diminish-

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ing the effectiveness of the regional plan, the ordinances,

rules, regulations and policies shall be confined to matters

which are general and regional in application, leaving to the

jurisdiction of the respective states, counties and cities the

enactment of specific and local ordinances, rules, regulations

and policies which conform to the regional plan.

The agency shall prescribe by ordinance those activities

which it has determined will not have substantial effect on

the land, water, air, space or any other natural resources in

the region and therefore will be exempt from its review and

approval

Every ordinance adopted by the agency shall be published

at least once by title in a newspaper or combination of news-

papers whose circulation is general throughout the region.

Except an ordinance adopting or amending the regional plan,

no ordinance shall become effective until 60 days after its

adoption. Immediately after its adoption, a copy of each

ordinance shall be transmitted to the governing body of each

political subdivision having territory within the region.

(b) No project other than those to be reviewed and ap-

proved under the special provisions of subdivisions (d), (e),

(f) and (g) may be developed in the region without obtaining

the review and approval of the agency and no project may be

approved unless it is found to comply with the regional plan

and with the ordinances, rules and regulations enacted pur-

Suant to subdivision (a) to effectuate that plan. The agency

may approve a project in the region only after making the

written findings required by this subdivision or subdivision

(g) of Article V. Such findings shall be based on substantial

evidence in the record.

Before adoption by the agency of the ordinances required

in subdivision (g) of Article V, the agency may approve a

project in the region only after making written findings on

the basis of substantial evidence in the record that the project

is consistent with the regional plan then in effect and with

applicable plans, ordinances, regulations and standards of

federal and state agencies relating to the protection, mainte-

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nance and enhancement of environmental quality in the

region.

Nevada find that in order to make effective the regional plan

as revised by the agency, it is necessary to halt temporarily

works of development in the region which might otherwise

absorb the entire capability of the region for further develop-

ment or direct it out of harmony with the ultimate plan.

Subject to the limitation provided in this subdivision, from

the effective date of the amendments to this compact until

the regional plan is amended pursuant to subdivision (c) of

Article V, or until May 1, 1983, whichever is earlier:

(1) Except as otherwise provided in_ this

paragraph, no new subdivision, planned unit dev-

elopment, or condominium project may be ap-

proved unless a complete tentative map or plan has

been approved before the effective date of the

amendments to this compact by all agencies having

jurisdiction. The subdivision of land owned by a

general improvement district, which existed and

owned the land before the effective date of the

amendments to this compact, may be approved if

subdivision of the land is necessary to avoid insol-

vency of the district.

(2) Except as provided in paragraph (3), no

apartment building may be erected unless the

required permits for such building have been se-

cured from all agencies having jurisdiction, prior

to the effective date of the amendments to this

compact.

(3) During each of the calendar years 1980,

1981, and 1982 no city or county may issue build-

ing permits which authorize the construction of the

greater number of new residential units within the

region than were authorized within the region by

building permits issued by that city or county

during calendar year 1978. For the period of

-E 21-

January through April, 1983 building permits

authorizing the construction of no more than 1/3 of

that number may be issued by each such city or

county. For purposes of this paragraph a

“residential unit” means either a single family

residence or an individual residential unit within a

larger building, such as an apartment building, a

duplex or a condominium.

The Legislatures find the respective numbers of residen

tial units authorized within the region during calendar year

1978 to be a follows

1. City of South Lake Tahoe and El Dorado

County (combined) 252

2. Placer County 278

3. Carson City 0

4. Douglas County 339

5. Washoe County 739

(4) During each of the calendar years 1980,

1981 and 1982, no city or county may issue build

ing permits which authorize construction of a

greater square footage of new commercial build-

ings within the region than were authorized within

the region by building permits for commercial

purposes issued by that city or county during the

calendar year 1978. For the period of January

through April, 1983 building permits authorizing

the construction of no more than 1/3 the amount of

that square footage may be issued by each such

city or county.

The Legislatures find the respective square footages of

commercial buildings authorized within the region during

calendar year 1978 to be as follows:

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1. City of South Lake Tahoe and El Dorado

County (combined). 7 .... 64,324

2. Placer County ... 23,000

3. Carson City . Serer

4. Douglas County .. 57,354

5. Washoe County .... veers ae

(S) No structure may be erected to house

gaming under a nonrestricted license.

(6) No facility for the treatment of sewage

may be constructed or enlarged except

(A) To comply, as ordered by the appro-

priate state agency for the control of water

pollution, with existing limitations of ef

fluence under the Clean Water Act, 33 U.S.C

§1251 et seq., and the applicable state law for

control of water pollution; or

(B) To accommodate development which

is not prohibited or limited by this subdivi-

Sion, OF

District #1, to modify or otherwise alter sew-

age treatment facilities existing on the effec-

tive date of the amcndments to this compact

so that such facilities will be able to treat the

total volume of effluence for which they were

originally designed which is 3.0 mgd. Such

modification or alteration is not a “project”; is

not subject to the requirements of Article VII;

and does not require a permit from the

agency. Before commencing such modifica-

tion or alternative, however, the district shall

submit to the agency its report identifying any

Significant soil erosion problems which may

be caused by such modifications or alterations

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and the measures which the district proposes

to take to mitigate or avoid such problems.

The moratorium imposed by this subdivision does not

apply to work done pursuant to a right vested before the

effective date of the amendments to this compact. Not-

withstanding the expiration date of the moratorium imposed

by this subdivision, no new highway may be built or existing

highway widened to accommodate additional continuous

lanes for automobiles until the regional transportation plan is

revised and adopted.

The moratorium imposed by this subdivision does not

apply to the construction of any parking garage which has

been approved by the agency prior to May 4, 1979, whether

that approval was affirmative or by default. The provisions

of this paragraph are not an expression of legislative intent

that any such parking garage, the approval of which is the

subject of litigation which was pending on the effective date

of the amendments to this compact, should, or should not, be

constructed. The provisions of this paragraph are intended

solely to permit construction of such a parking garage if

judgment sustaining the agency’s approval to construct that

parking garage has become final and no appeal is pending or

may lawfully be taken to a higher court.

(d) Subject to the final order of any court of competent

jurisdiction entered in litigation contesting the validity of an

approval by the Tahoe Regional Planning Agency, whether

that approval was affirmative or by default, if that litigation

was pending on May 4, 1979, the agency and the States of

California and Nevada shall recognize as a permitted and

conforming use:

(1) Every structure housing gaming under a

nonrestricted license which existed as a licensed

gaming establishment on May 4, 1979, or whose

construction was approved by the Tahoe Regional

Planning Agency affirmatively or deemed approved

before that date. The construction or use of any

Structure to house gaming under a nonrestricted

-E 24-

license not so existing or approved, or the enlarge

ment in cubic volume of any such existing or

approved structure is prohibited

(2) Every other nonrestricted gaming estab

lishment whose use was seasonal and whose li

cense was issued before May 4, 1979, for the same

season and for the number and type of games and

Slot machines on which taxes or fees were paid in

the calendar year 1978

(3) Gaming conducted pursuant to a fr

Stricted gaming license issued before May 4, 1979

to the extent permitted by the license on that date

[he area within any structure housing gaming under a4 non

restricted license which may be open to public use (as dis

tinct from that devoted to the private use of guests and exclu

sive of any parking area) is limited to the area existing or

approved for public use on May 4, 1979 Within thes¢

limits, any external modification of the structure which

requires a permit from a local government also requires

approval from the agency The agency shall not permit

restaurants, convention facilities, showrooms or other public

areas to be constructed elsewhere in the region outside the

Structure in order to replace areas existing or approved for

public use on May 4, 1979

(e) Any structure housing licensed gaming may be rebuilt

or replaced to a size not to exceed the cubic volume, height

and land coverage existing or approved on May 4, 1979,

without the review or approval of the agency or any planning

or regulatory authority of the State of Nevada whose review

Or approval would be required for a new structure

({) The following provisions apply to any internal or

external modification, remodeling, change in use, or repair of

a Structure housing gaming under a nonrestricted license

which is not prohibited by article VI(d)

-E 25-

(1) The agency’s review of an _ external

modification of the structure which requires a

permit from a local government is limited to deter

mining whether the external modification will do

any of the following

(A) Enlarge the cubic volume of the

Structure;

(B) Increase the total square footage of

area open to or approved for public use on

May 4, 1979:

private use of guests to an area open to public

uSC,

(D) Increase the public area open to

public use which is used for gaming beyond

the limits contained in paragraph (3); and

(E) Conflict with or be subject to the

provisions of any of the agency’s ordinances

that are generally applicable throughout the

region

The agency shall make this determination within

60 days after the proposal is delivered to the

agency in compliance with the agency’s rules or

regulations governing such delivery unless the

applicant has agreed to an extension of this time

limit. If an external modification is determined to

have any of the effects enumerated in sub

paragraphs (A) through (C), it is prohibited. If an

external modification is determined to have any of

the effects enumerated in subparagraphs (D) or (E),

it is subject to the applicable provisions of this

compact. If an external modification is determined

to have no such effect, it is not subject to the provi

sions of this compact

-E 26-

2) Except as provided in paragraph (3),

internal modification, remodeling, change in use or

repair of a structure housing gaming under a non-

restricted license is not a project and does not

require the review or approval of the agency.

(3) Internal modification, remodeling,

change in use or repair of areas open to the public

use within a structure housing gaming under a

nonrestricted license which alone or in combina-

tion with any other such modification, remodeling,

change in use or repair will increase the total

portion of those areas which are used for gaming

by more than the product of the total base area, as

defined below, in square feet existing on or ap

proved before August 4, 1980, multiplied by 15

percent constitutes a project and is subject to all of

the provisions of this compact relating to projects

For purposes of this paragraph and the determina

tion required by subdivision (g), base areca means

all of the areca within a structure housing gaming

under a nonrestricted license which may be open to

public use, whether or not gaming is actually

conducted or carried on in that area, except retail

Stores, convention centers and mecting rooms,

administrative offices, kitchens, maintenance and

Storage areas, rest rooms, engineering and mechani-

cal rooms, accounting rooms and counting rooms.

(g) In order to administer and enforce the provisions of

subdivisions (d), (e) and (f), the State of Nevada, through its

appropriate planning or regulatory agency, shall require the

owner or licensee of a structure housing gaming under a

nonrestricted license to provide:

(1) Documents containing sufficient informa-

tion for the Nevada agency to establish the follow

ing relative to the structure:

(A) The location of its external walls;

(B) Its total cubic volume;

-E 27-

square feet open or approved for public use

and the area in square feet devoted to or

approved for the private use of guests on May

4, 1979;

(D) The amount of surface area of land

under the structure: and

(E) The base area as defined in para-

graph (3) of subdivision (f) in square feet

existing on or approved before August 4,

1980

(2) An informational report whenever any

internal modification, remodeling, change in use,

or repair will increase the total portion of the areas

open to public use which ts used for gaming.

The Nevada agency shall transmit this information to the

Tahoe Regional Planning Agency.

(h) Gaming conducted pursuant to a restricted gaming

license is exempt from review by the agency if it is inciden

tal to the primary use of the premises.

(i) The provisions of subdivisions (d) and (e) are intended

only to limit gaming and related activities as conducted

within a gaming establishment, or construction designed to

permit the enlargement of such activities, and not to limit

any other use of property zoned for commercial use or the

accommodation of tourists, as approved by the agency.

(j) Legal actions arising out of or alleging a violation of

the provisions of this compact, of the regional plan or of an

ordinance or regulation of the agency or of a permit or a

condition of a permit issued by the agency are governed by

the following provision:

(1) This subdivision applies to:

(A) Actions arising out of activities

directly undertaken by the agency.

-E 28-

(B) Actions arising out of the issuance

to a person of a lease, permit, license or other

entitlement for use by the agency.

or failure to act by any person or public

agency.

Such legal actions may be filed and the provisions

of this subdivision apply equally in the appropriate

courts of California and Nevada and of the United

States.

(2) Venue lies:

(A) If a civil or criminal action chal-

lenges an activity by the agency or any person

which is undertaken or to be undertaken upon

a parcel of real property, in the state or fed-

eral judicial district where the real property is

Situated.

(B) If an action challenges an activity

which does not involve a specific parcel of

land (such as an action challenging an or-

dinance of the agency), in any state or federal

court having jurisdiction within the region.

(3) Any aggrieved person may file an action

in an appropriate court of the State of California or

Nevada or of the Unite.' States alleging noncom-

pliance with the provisions of this compact or with

an ordinance or regulation of the agency. In the

case of governmental agencies, “aggrieved person”

means the Tahoe Regional planning Agency or any

State, federal or local agency. In the case of any

person other than a governmental agency who

challenges an action of the Tahoe Regional Plan-

ning Agency, “aggrieved person” means any person

who has appeared, either in person, through an

authorized representative, or in writing, before the

agency at an appropriate administrative hearing to

challenged, or who had good cause for not making

such an appearance.

(4) A legal action arising out of the adoption

or amendment of the regional plan or of any or-

dinance or regulation of the agency, or out of the

granting or denial of any permit, shall be com-

menced within 60 days after final action by the

agency. All other legal actions shall be com-

menced within 65 days after discovery of the cause

of action.

(5) In any legal action filed pursuant to this

subdivision which challenges an adjudicatory act

or decision of the agency to approve or disapprove

a project, the scope of judicial inquiry shall extend

only to whether there was prejudicial abuse of

discretion. Prejudicial abuse of discretion is estab-

lished if the agency has not proceeded in a manner

required by law or if the act or decision of the

agency was not supported by substantial evidence

in light of the whole record. In making such a

determination the court shall not exercise its inde-

pendent judgment on evidence but shall only deter-

mine whether the act or decision was supported by

substantial evidence in light of the whole record.

In any legal action filed pursuant to this subdivi-

sion which challenges a legislative act or decision

of the agency (such as the adoption of the regional

plan and the enactment of implementing or-

dinances), the scope of the judicial inquiry shall

extend only to the questions of whether the act or

decision has been arbitrary, capricious or lacking

substantial evidentiary support or whether the

agency has failed to proceed iu a manner required

by law.

-E 30-

(6) The provisions of this subdivision do not

apply to any legal proceeding pending on the date

when this subdivision becomes effective. Any

such legal proceeding shall be conducted and

concluded under the provisions of law which were

applicable prior to the effective date of this

subdivision.

(7) The security required for the issuance of

a temporary restraining order or preliminary injunc-

tion based upon an alleged violation of this com-

pact or any ordinance, plan, rule or regulation

adopted pursuant thereto is governed by the rule or

Statute applicable to the court in which the action

is brought unless the action is brought by a public

agency or political subdivision to enforce its own

rules, regulations and ordinances in which case no

security shall be required.

(k) The agency shall monitor activities in the region and

may bring enforcement actions in the region to ensure com-

pliance with the regional plan and adopted ordinances, rules,

regulations and policies. If it is found that the regional plan,

or ordinances, regulations and policies are not being en-

forced by a local jurisdiction, the agency may bring action in

a court of competent jurisdiction to ensure compliance.

(1) Any person who violates any provision of this com-

pact or of any ordinance or regulation of the agency or of any

condition of approval imposed by the agency is subject to a

civil penalty not to exceed five thousand dollars ($5,000).

Any such person is subject to an additional civil penalty not

to exceed five thousand dollars ($5,000) per day, for each

day on which such a violation persists. In imposing the

penalties authorized by this subdivision, the court shall

consider the nature of the violation and shall impose a

greater penalty if it was willful or resulted from gross

negligence than if it resulted from inadvertence or simple

negligence.

-E 31-

(m) The agency is hereby empowered to initiate, nego-

tiate and participate in contracts and agreements among the

local governmental authorities of the region, or any other

intergovernmental contracts or agreements authorized by

State or federal law.

(n) Each intergovernmental contract or agreement shall

provide for its own funding and staffing, but this shall not

preclude financial contributions from the local authorities

concerned or from supplementary sources.

(0) Every record of the agency, whether public or not,

shall be open for examination to the Legislature and Control-

ler of the State of California and the Legislative Auditor of

the State of Nevada.

(p) Approval by the agency of any project expires 3 years

afier the date of final action by the agency or the effective

date of the amendments to this compact, whichever is later,

unless construction is begun within that time and diligently

pursued thereafter, or the use or activity has commenced. In

computing the 3-year period any period of time during which

the project is the subject of a legal action which delays or

renders impossible the diligent pursuit of that project shall

not be counted. Any license, permit or certificate issued by

the agency which has an expiration date shall be extended by

that period of time during which the project is the subject of

such legal action as provided in this subdivision.

(q) The governing body shall maintain a current list of

real property known to be available for exchange with the

United States or with other owners of real property in order

to facilitate exchanges of real property by owners of real

property in the region.

-E 32-

ARTICLE VII. ENVIRONMENTAL IMPACT

STATEMENTS

(a) The Tahoe Regional Planning Agency when acting

upon matters that have a significant effect on the environ-

ment shall:

(1) Utilize a systematic, interdisciplinary

approach which will insure the integrated use of

the ‘ral and social sciences and the environmen-

tal design arts in planning and in decisionmaking

which may have an impact on man’s environment;

(2) Prepare and consider a detailed environ-

mental impact statement before deciding to ap-

prove or carry out any project. The detailed en-

vironmental impact statement shall include the

following:

(A) The significant environmental im-

pacts of the proposed project;

(B) Any significant adverse environmen-

tal effects which cannot be avoided should the

project be implemented;

(D) Mitigation measures which must be

implemented to assure meeting standards of

the region;

(E) The relationship between local short-

term uses of man’s environment and the main-

tenance and enhancement of long-term

productivity;

(F) Any significant § irreversible and

irretrievable commitments of resources which

would be involved in the proposed project

should it be implemented; and

(G) The growth-inducing impact of the

proposed project;

-E 33-

(3) Study, develop and describe appropriate

alternatives to recommended courses of action for

any project which involves unresolved conflicts

concerning alternative uses of available resources;

(4) Make available to States, counties muni-

cipalities, institutions and individuals, advice and

information useful in restoring, maintaining and

enhancing the quality of the region’s environment;

and

(S) Initiate and utilize ecological information

in the planning and development of resource-

oriented projects.

(b) Prior to completing an environmental impact state-

ment, the agency shall consult with and obtain the comments

of any federal, state or local agency which has jurisdiction by

law or special expertise with respect to any environmental

impact involved. Copies of such statement and the com-

ments and views of the appropriate federal, state and local

agencies which are authorized to develop and enforce en-

vironmental standards shall be made available to the public

and shall accompany the project through the review

processes. The public shall be consulted during the environ-

mental impact statement process and views shall be solicited

during a public comment period not to be less than 60 days.

Suant to this article need not repeat in its entirety any infor-

mation or data which is relevant to such a statement and is a

matter of public record or is generally available to the public,

such as information contained in an environmental impact

report prepared pursuant to the California Environmental

Quality Act or a federal environmental impact statement

prepared pursuant to the National Environmental Policy Act

of 1969. However, such information or data shall be briefly

described in the environmental impact statement and its

relationship to the environmental impact statement shall be

indicated.

-E 34-

In addition, any person may submit information relative to

a proposed project which may be included, in whole or in

part, in any environmental impact statement required by this

article.

(d) In addition to the written findings specified by agency

ordinance to implement the regional plan, the agency shall

make either of the following written findings before approv-

ing a project for which an environmental impact statement

was prepared:

(1) Changes or alterations have been re-

quired in or incorporated into such project which

avoid or reduce the significant adverse environmen-

tal effects to a less than significant level; or

(2) Specific considerations, such as _ eco-

nomic, social or technical, make infeasible the

mitigation measures or project alternatives dis-

cussed in the environmental impact statement on

the project.

A separate written finding shall be made for each significant

effect identified in the environmental impact statement on

the project. All written findings must be supported by sub-

Stantial evidence in the record.

(e) The agency may charge and collect a reasonable fee

from any person proposing a project subject to the provisions

fo this compact in order to recover the estimated costs in-

curred by the agency in preparing an environmental impact

Statement under this articie.

(f) The agency shall adopt by ordinance a list of classes

of projects which the agency has determined will not have a

significant effect on the environment and therefore will be

exempt from the requirement for the preparation of an en-

vironmental impact statement under this article. Prior to

adopting the list, the agency shall make a written finding

supported by substantial evidence in the record that each

class of projects will not have a significant effect on the

environment.

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ARTICLE VIII. FINANCES

(a) On or before September 30 of each calendar year the

agency shall establish the amount of money necessary to

Support its activities for the next succeeding fiscal year

commencing July 1 of the following year. The agency shall

apportion $75,000 of this amount among the counties within

the region on the same ratio to the total sum required as the

full cash valuation of taxable property within the region in

each county bears to the total full cash valuation of taxable

property within the region. In addition, each county within

the region in California shall pay $18,750 to the agency and

each county within the region in Nevada, including Carson

City, shall pay $12,500 to the agency, from any funds avail-

able therefore. The State of California and the State of

Nevada may pay to the agency by July 1, of each year any

additional sums necessary to support the operations of the

agency pursuant to this compact. If additional funds are

required, the agency shall make a request for the funds to the

States of California and Nevada. Requests for state funds

must be apportioned two-thirds from California and one-third

from Nevada. Money appropriated shall be paid within 30

days.

(b) The agency may fix and collect reasonable fees for

any services rendered by it.

states for review with any request for state funds, shall be

Strictly accountable to any county in the region and the slates

for all funds paid by them to the agency and shall be strictly

accountable to all participating bodies for all receipts and

disbursement.

(d) The agency is authorized to receive gifts, donations,

subventions, grants, and other financial aids and funds; but

the agency may not own land except as provided in subdivi-

sion (i) of Article III.

(e) The agency shall not obligate itself beyond the

moneys due under this article for its support from the several

-E 36-

counties and the states for the current fiscal year, plus any

moneys on hand or irrevocably pledged to its support from

other sources. No obligation contracted by the agency shall

bind either of the party states or any political subdivision

thereof.

ARTICLE IX. TRANSPORTATION DISTRICT

(a) The Tahoe transportation district is hereby established

as a special purpose district. The boundaries of the district

are coterminous with those of the region.

(b) The business of the district shall be managed by a

board of directors consisting of:

(1) One member of the county board of

supervisors of each of the counties of El Dorado

and Placer;

(2) One member of the city council of the

City of South Lake Tahoe;

(3) One member each of the board of county

commissioners of Douglas County and of Washoe

County;

(4) One member of the board of supervisors

of Carson City.

take action. If at least four votes in favor of an action are

not cast, an action of rejections shall be deemed to have been

taken.

(d) The Tahoe transportation district may in accordance

with the adopted transportation plan:

(1) Own and operate a public transportation

system to the exclusion of all other publicly owned

transportation systems in the region.

(2) Acquire upon mutually agreeable terms

any public transportation system or facility owned

by a county, city or special purpose district or any

-E 37-

privately owned transportation system or facility

within the region.

(3) Hire the employees of existing public

transportation systems that are acquired by the

district without loss of benefits to the employees,

bargain collectively with employee organizations,

and extend pension and other collateral benefits to

employees.

(4) Fix the rates and charges for transit

services provided pursuant to this subdivision.

(S) Issue revenue bonds and other evidence

of indebtedness.

(6) By resolution, determine and propose for

adoption a tax for the purpose of obtaining services

of the district. The tax proposed must be general

and of uniform operation throughout the region,

and may not be graduated in any way. The district

is prohibited from imposing an ad valorem tax, a

tax measured by gross or net receipts on business,

a tax or charge that is assessed against people or

vehicles as they enter or leave the region, and any

tax, direct or indirect, on gaming tables and

devices.

Any such proposition must be submitted to the

voters of the district and shall become effective

upon approval of a majority of the voters voting on

the proposition. The revenues from any such tax

must be used for the services for which it was

imposed, and for no other purpose.

(7) Provide service from inside the region to

convenient airport, railroad and interstate bus

terminals without regard to the boundaries of the

region.

(ce) The Legislatures of the States of California and

Nevada may, by substantively identical enactments, amend

this aricle.

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ARTICLE X. MISCELLANEOUS

(a) It is intended that the provisions of this compact shall

be reasonably and liberally construed to effectuate the pur-

poses thereof. Except as provided in subdivision (c), the

provisions of this compact shall be severable and if any

phrase, clause, sentence or provision of this compact is

declared to be contrary to the constitution of any participat-

ing state or of the United States or the applicability thercof

lo any government, agency, person or circumstance is held

invalid, the validity of the remainder of this compact and the

applicability thereof to any government, agency, person or

circumstance shall not be affected thereby. If this compact

shall be held contrary to the constitution of any state par-

licipating therein, the compact shall remain in full force and

effect as to the remaining state and in full force and effect as

to the state affected as to all severable matters.

(b) The agency shall have such additional power and

duties as may hereafter be delegated or imposed upon it from

time to time by the action of the Legislature of either state

concurred in by the Legislature of the other.

by enacting a statute repealing the compact. Notice of

withdrawal shall be communicated officially and in writing

to the Governor of the other state and to the agency ad-

ministrators. This provision is not severable, and if it is held

to be unconstitutional or invalid, no other provision of this

compact shall be binding upon the State of Nevada or ihe

State of California.

(d) No provision of this compact shall have any effect

upon the allocation, distribution or storage of interstate

waters Or upon any appropriate water right.

Sec. 2. The Secretary of agriculture and the heads of

other appropriate agencies are authorized, upon the request

of the Tahoe Regional Planning Agency, to cooperate with

the Tahoe Regional Planning Agency in all respects compat-

ible with carrying out the normal duties of their agencies.

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Sec. 3. The consent to the compact by the United States

is subject to the condition that the President may appoint a

nonvoting representative of the United States to the govern-

ing body of the Tahoe Regional Planning Agency.

Sec. 4. Any additional powers conferred on the agency

pursuant to article X, section 1(b) of the compact shall not be

exercised unless consented to by the Congress.

Sec. 5. Nothing contained in this Act or in the compact

consented to shall in any way affect the powers, rights, or

obligations of the United States, or the applicability of any

law or regulation of the United States in, over or to the re-

gion or waters which are the subject of the compact, or in

any way affect rights owned or held by or for Indians or

Indian tribes subject to the jurisdiction of the United States

Sec. 6. The right is hereby reserved by the Congress or

any of its standing committees to require the disclosure and

furnishing of such information and data by or concerning the

Tahoe Regional Planning Agency as is deemed appropriate

by the Congress or such committee.

Sec. 7. The right to alter, amend, or repeal this Act ts

hereby expressly reserved.

Approved December 19, 1980.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.