[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 205 Referred in House (RFH)]

103d CONGRESS
  2d Session
S. J. RES. 205


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 1994

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Granting the consent of Congress to the compact to provide for joint 
  natural resource management and enforcement of laws and regulations 
 pertaining to natural resources and boating at the Jennings Randolph 
Lake Project lying in Garrett County, Maryland and Mineral County, West 
    Virginia, entered into between the States of West Virginia and 
                               Maryland.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

    The Congress hereby consents to the Jennings Randolph Lake Project 
Compact entered into between the States of West Virginia and Maryland 
which compact is substantially as follows:

                               ``COMPACT

``Whereas the State of Maryland and the State of West Virginia, with the 
        concurrence of the United States Department of the Army, Corps of 
        Engineers, have approved and desire to enter into a compact to provide 
        for joint natural resource management and enforcement of laws and 
        regulations pertaining to natural resources and boating at the Jennings 
        Randolph Lake Project lying in Garrett County, Maryland and Mineral 
        County, West Virginia, for which they seek the approval of Congress, and 
        which compact is as follows:
``Whereas the signatory parties hereto desire to provide for joint natural 
        resource management and enforcement of laws and regulations pertaining 
        to natural resources and boating at the Jennings Randolph Lake Project 
        lying in Garrett County, Maryland and Mineral County, West Virginia, for 
        which they have a joint responsibility; and they declare as follows:
            ``1. The Congress, under Public Law 87-874, authorized the 
        development of the Jennings Randolph Lake Project for the North 
        Branch of the Potomac River substantially in accordance with 
        House Document Number 469, 87th Congress, 2nd Session for flood 
        control, water supply, water quality, and recreation; and
            ``2. Section 4 of the Flood Control Act of 1944 (Ch 665, 58 
        Stat. 534) provides that the Chief of Engineers, under the 
        supervision of the Secretary of War (now Secretary of the 
        Army), is authorized to construct, maintain and operate public 
        park and recreational facilities in reservoir areas under 
        control of such Secretary for the purpose of boating, swimming, 
        bathing, fishing, and other recreational purposes, so long as 
        the same is not inconsistent with the laws for the protection 
        of fish and wildlife of the State(s) in which such area is 
        situated; and
            ``3. Pursuant to the authorities cited above, the U.S. Army 
        Engineer District (Baltimore), hereinafter `District', did 
        construct and now maintains and operates the Jennings Randolph 
        Lake Project; and
            ``4. The National Environmental Policy Act of 1969 (P.L. 
        91-190) encourages productive and enjoyable harmony between man 
        and his environment, promotes efforts which will stimulate the 
        health and welfare of man, and encourages cooperation with 
        State and local governments to achieve these ends; and
            ``5. The Fish and Wildlife Coordination Act (16 U.S.C. 661-
        666c) provides for the consideration and coordination with 
        other features of water-resource development programs through 
        the effectual and harmonious planning, development, 
        maintenance, and coordination of wildlife conservation and 
        rehabilitation; and
            ``6. The District has Fisheries and Wildlife Plans as part 
        of the District's project Operational Management Plan; and
            ``7. In the respective States, the Maryland Department of 
        Natural Resources (hereinafter referred to as `Maryland DNR') 
        and the West Virginia Division of Natural Resources 
        (hereinafter referred to as `West Virginia DNR') are 
        responsible for providing a system of control, propagation, 
        management, protection, and regulation of natural resources and 
        boating in Maryland and West Virginia and the enforcement of 
        laws and regulations pertaining to those resources as provided 
        in Annotated Code of Maryland Natural Resources Article and 
        West Virginia Chapter 20, respectively, and the successors 
        thereof; and
            ``8. The District, the Maryland DNR, and the West Virginia 
        DNR are desirous of conserving, perpetuating and improving fish 
        and wildlife resources and recreational benefits of the 
        Jennings Randolph Lake Project; and
            ``9. The District and the States of Maryland and West 
        Virginia wish to implement the aforesaid acts and 
        responsibilities through this Compact and they each recognize 
        that consistent enforcement of the natural resources and 
        boating laws and regulations can best be achieved by entering 
        this Compact:
    ``Now, therefore, be it Resolved, That the States of Maryland and 
West Virginia, with the concurrence of the United States Department of 
the Army, Corps of Engineers, hereby solemnly covenant and agree with 
each other, upon enactment of concurrent legislation by The Congress of 
the United States and by the respective state legislatures, to the 
Jennings Randolph Lake Project Compact, which consists of this preamble 
and the articles that follow:

                ``Article I--Name, Findings, and Purpose

    ``1.1 This compact shall be known and may be cited as the Jennings 
Randolph Lake Project Compact.
    ``1.2 The legislative bodies of the respective signatory parties, 
with the concurrence of the U.S. Army Corps of Engineers, hereby find 
and declare:
    ``1. The water resources and project lands of the Jennings Randolph 
Lake Project are affected with local, state, regional, and national 
interest, and the planning, conservation, utilization, protection and 
management of these resources, under appropriate arrangements for 
inter-governmental cooperation, are public purposes of the respective 
signatory parties.
    ``2. The lands and waters of the Jennings Randolph Lake Project are 
subject to the sovereign rights and responsibilities of the signatory 
parties, and it is the purpose of this compact that, notwithstanding 
any boundary between Maryland and West Virginia that preexisted the 
creation of Jennings Randolph Lake, the parties will have and exercise 
concurrent jurisdiction over any lands and waters of the Jennings 
Randolph Lake Project concerning natural resources and boating laws and 
regulations in the common interest of the people of the region.

                ``Article II--District Responsibilities

    ``The District, within the Jennings Randolph Lake Project,
    ``2.1 Acknowledges that the Maryland DNR and West Virginia DNR have 
authorities and responsibilities in the establishment, administration 
and enforcement of the natural resources and boating laws and 
regulations applicable to this project, provided that the laws and 
regulations promulgated by the States support and implement, where 
applicable, the intent of the Rules and Regulations Governing Public 
Use of Water Resources Development Projects administered by the Chief 
of Engineers in Title 36, Chapter RI, Part 327, Code of Federal 
Regulations,
    ``2.2 Agrees to practice those forms of resource management as 
determined jointly by the District, Maryland DNR and West Virginia DNR 
to be beneficial to natural resources and which will enhance public 
recreational opportunities compatible with other authorized purposes of 
the project,
    ``2.3 Agrees to consult with the Maryland DNR and West Virginia DNR 
prior to the issuance of any permits for activities or special events 
which would include, but not necessarily be limited to: fishing 
tournaments, training exercises, regattas, marine parades, placement of 
ski ramps, slalom water ski courses and the establishment of private 
markers and/or lighting. All such permits issued by the District will 
require the permittee to comply with all State laws and regulations,
    ``2.4 Agrees to consult with the Maryland DNR and West Virginia DNR 
regarding any recommendations for regulations affecting natural 
resources, including, but not limited to, hunting, trapping, fishing or 
boating at the Jennings Randolph Lake Project which the District 
believes might be desirable for reasons of public safety, 
administration of public use and enjoyment,
    ``2.5 Agrees to consult with the Maryland DNR and West Virginia DNR 
relative to the marking of the lake with buoys, aids to navigation, 
regulatory markers and establishing and posting of speed limits, no 
wake zones, restricted or other control areas and to provide, install 
and maintain such buoys, aids to navigation and regulatory markers as 
are necessary for the implementation of the District's Operational 
Management Plan. All buoys, aids to navigation and regulatory markers 
to be used shall be marked in conformance with the Uniform State 
Waterway Marking System,
    ``2.6 Agrees to allow hunting, trapping, boating and fishing by the 
public in accordance with the laws and regulations relating to the 
Jennings Randolph Lake Project,
    ``2.7 Agrees to provide, install and maintain public ramps, parking 
areas, courtesy docks, etc., as provided for by the approved Corps of 
Engineers Master Plan, and
    ``2.8 Agrees to notify the Maryland DNR and the West Virginia DNR 
of each reservoir drawdown prior thereto excepting drawdown for the 
reestablishment of normal lake levels following flood control 
operations and drawdown resulting from routine water control management 
operations described in the reservoir regulation manual including 
releases requested by water supply owners and normal water quality 
releases. In case of emergency releases or emergency flow curtailments, 
telephone or oral notification will be provided. The District reserves 
the right, following issuance of the above notice, to make operational 
and other tests which may be necessary to insure the safe and efficient 
operation of the dam, for inspection and maintenance purposes, and for 
the gathering of water quality data both within the impoundment and in 
the Potomac River downstream from the dam.

                 ``Article III--State Responsibilities

    ``The State of Maryland and the State of West Virginia agree:
    ``3.1 That each State will have and exercise concurrent 
jurisdiction with the District and the other State for the purpose of 
enforcing the civil and criminal laws of the respective States 
pertaining to natural resources and boating laws and regulations over 
any lands and waters of the Jennings Randolph Lake Project;
    ``3.2 That existing natural resources and boating laws and 
regulations already in effect in each State shall remain in force on 
the Jennings Randolph Lake Project until either State amends, modifies 
or rescinds its laws and regulations;
    ``3.3 That the Agreement for Fishing Privileges dated June 24, 1985 
between the State of Maryland and the State of West Virginia, as 
amended, remains in full force and effect;
    ``3.4 To enforce the natural resources and boating laws and 
regulations applicable to the Jennings Randolph Lake Project;
    ``3.5 To supply the District with the name, address and telephone 
number of the person(s) to be contacted when any drawdown except those 
resulting from normal regulation procedures occurs;
    ``3.6 To inform the Reservoir Manager of all emergencies or unusual 
activities occurring on the Jennings Randolph Lake Project;
    ``3.7 To provide training to District employees in order to 
familiarize them with natural resources and boating laws and 
regulations as they apply to the Jennings Randolph Lake Project; and
    ``3.8 To recognize that the District and other Federal Agencies 
have the right and responsibility to enforce, within the boundaries of 
the Jennings Randolph Lake Project, all applicable Federal laws, rules 
and regulations so as to provide the public with safe and healthful 
recreational opportunities and to provide protection to all federal 
property within the project.

                    ``Article IV--Mutual Cooperation

    ``4.1 Pursuant to the aims and purposes of this Compact, the State 
of Maryland, the State of West Virginia and the District mutually agree 
that representatives of their natural resource management and 
enforcement agencies will cooperate to further the purposes of this 
Compact. This cooperation includes, but is not limited to, the 
following:
    ``4.2 Meeting jointly at least once annually, and providing for 
other meetings as deemed necessary for discussion of matters relating 
to the management of natural resources and visitor use on lands and 
waters within the Jennings Randolph Lake Project;
    ``4.3 Evaluating natural resources and boating, to develop natural 
resources and boating management plans and to initiate and carry out 
management programs;
    ``4.4 Encouraging the dissemination of joint publications, press 
releases or other public information and the interchange between 
parties of all pertinent agency policies and objectives for the use and 
perpetuation of natural resources of the Jennings Randolph Lake 
Project; and
    ``4.5 Entering into working arrangements as occasion demands for 
the use of lands, waters, construction and use of buildings and other 
facilities at the project.

                    ``Article V--General Provisions

    ``5.1 Each and every provision of this Compact is subject to the 
laws of the States of Maryland and West Virginia and the laws of the 
United States, and the delegated authority in each instance.
    ``5.2 The enforcement and applicability of natural resources and 
boating laws and regulations referenced in this Compact shall be 
limited to the lands and waters of the Jennings Randolph Lake Project, 
including but not limited to the prevailing reciprocal fishing laws and 
regulations between the States of Maryland and West Virginia.
    ``5.3 Nothing in this Compact shall be construed as obligating any 
party hereto to the expenditure of funds or the future payment of money 
in excess of appropriations authorized by law.
    ``5.4 The provisions of this Compact shall be severable, and if any 
phrase, clause, sentence or provision of the Jennings Randolph Lake 
Project Compact is declared to be unconstitutional or inapplicable to 
any signatory party or agency of any party, the constitutionality and 
applicability of the Compact shall not be otherwise affected as to any 
provision, party, or agency. It is the legislative intent that the 
provisions of the Compact be reasonably and liberally construed to 
effectuate the stated purposes of the Compact.
    ``5.5 No member of or delegate to Congress, or signatory shall be 
admitted to any share or part of this Compact, or to any benefit that 
may arise therefrom; but this provision shall not be construed to 
extend to this agreement if made with a corporation for its general 
benefit.
    ``5.6 When this Compact has been ratified by the legislature of 
each respective State, when the Governor of West Virginia and the 
Governor of Maryland have executed this Compact on behalf of their 
respective States and have caused a verified copy thereof to be filed 
with the Secretary of State of each respective State, when the 
Baltimore District of the U.S. Army Corps of Engineers has executed its 
concurrence with this Compact, and when this Compact has been consented 
to by the Congress of the United States, then this Compact shall become 
operative and effective.
    ``5.7 Either State may, by legislative act, after one year's 
written notice to the other, withdraw from this Compact. The U.S. Army 
Corps of Engineers may withdraw its concurrence with this Compact upon 
one year's written notice from the Baltimore District Engineer to the 
Governor of each State.
    ``5.8 This Compact may be amended from time to time. Each proposed 
amendment shall be presented in resolution form to the Governor of each 
State and the Baltimore District Engineer of the U.S. Army Corps of 
Engineers. An amendment to this Compact shall become effective only 
after it has been ratified by the legislatures of both signatory States 
and concurred in by the U.S. Army Corps of Engineers, Baltimore 
District. Amendments shall become effective thirty days after the date 
of the last concurrence or ratification.''.
    Sec. 2. The right to alter, amend or repeal this joint resolution 
is hereby expressly reserved. The consent granted by this joint 
resolution shall not be construed as impairing or in any manner 
affecting any right or jurisdiction of the United States in and over 
the region which forms the subject of the compact.

            Passed the Senate October 8 (legislative day, September 
      12), 1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.