[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 91 Enrolled Bill (ENR)]

        H.J. Res.91

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                            Joint Resolution


 
Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint 
                          River Basin Compact.

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

SECTION 1. CONGRESSIONAL CONSENT.

    The Congress consents to the Apalachicola-Chattahoochee-Flint River 
Basin Compact entered into by the States of Alabama, Florida, and 
Georgia. The Compact is substantially as follows:

         ``Apalachicola-Chattahoochee-Flint River Basin Compact

    ``The States of Alabama, Florida and Georgia and the United States 
of America hereby agree to the following compact which shall become 
effective upon enactment of concurrent legislation by each respective 
state legislature and the Congress of the United States.

                             ``SHORT TITLE

    ``This Act shall be known and may be cited as the `Apalachicola-
Chattahoochee-Flint River Basin Compact' and shall be referred to 
hereafter in this document as the `ACF Compact' or `Compact'.

                              ``ARTICLE I

                           ``COMPACT PURPOSES

    ``This Compact among the States of Alabama, Florida and Georgia and 
the United States of America has been entered into for the purposes of 
promoting interstate comity, removing causes of present and future 
controversies, equitably apportioning the surface waters of the ACF, 
engaging in water planning, and developing and sharing common data 
bases.

                              ``ARTICLE II

                         ``SCOPE OF THE COMPACT

    ``This Compact shall extend to all of the waters arising within the 
drainage basin of the ACF in the states of Alabama, Florida and 
Georgia.

                             ``ARTICLE III

                               ``PARTIES

    ``The parties to this Compact are the states of Alabama, Florida 
and Georgia and the United States of America.

                              ``ARTICLE IV

                             ``DEFINITIONS

    ``For the purposes of this Compact, the following words, phrases 
and terms shall have the following meanings:
    ``(a) `ACF Basin' or `ACF' means the area of natural drainage into 
the Apalachicola River and its tributaries, the Chattahoochee River and 
its tributaries, and the Flint River and its tributaries. Any reference 
to the rivers within this Compact will be designated using the letters 
`ACF' and when so referenced will mean each of these three rivers and 
each of the tributaries to each such river.
    ``(b) `Allocation formula' means the methodology, in whatever form, 
by which the ACF Basin Commission determines an equitable apportionment 
of surface waters within the ACF Basin among the three states. Such 
formula may be represented by a table, chart, mathematical calculation 
or any other expression of the Commission's apportionment of waters 
pursuant to this compact.
    ``(c) `Commission' or `ACF Basin Commission' means the 
Apalachicola-Chattahoochee-Flint River Basin Commission created and 
established pursuant to this Compact.
    ``(d) `Ground waters' means waters within a saturated zone or 
stratum beneath the surface of land, whether or not flowing through 
known and definite channels.
    ``(e) `Person' means any individual, firm, association, 
organization, partnership, business, trust, corporation, public 
corporation, company, the United States of America, any state, and all 
political subdivisions, regions, districts, municipalities, and public 
agencies thereof.
    ``(f) `Surface waters' means waters upon the surface of the earth, 
whether contained in bounds created naturally or artificially or 
diffused. Water from natural springs shall be considered `surface 
waters' when it exits from the spring onto the surface of the earth.
    ``(g) `United States' means the executive branch of the government 
of the United States of America, and any department, agency, bureau or 
division thereof.
    ``(h) `Water Resource Facility' means any facility or project 
constructed for the impoundment, diversion, retention, control or 
regulation of waters within the ACF Basin for any purpose.
    ``(i) `Water resources,' or `waters' means all surface waters and 
ground waters contained or otherwise originating within the ACF Basin.

                              ``ARTICLE V

        ``CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT

    ``This Compact shall not be binding on any party until it has been 
enacted into law by the legislatures of the states of Alabama, Florida 
and Georgia and by the Congress of the United States of America.

                              ``ARTICLE VI

                     ``ACF BASIN COMMISSION CREATED

    ``(a) There is hereby created an interstate administrative agency 
to be known as the `ACF Basin Commission.' The Commission shall be 
comprised of one member representing the state of Alabama, one member 
representing the state of Florida, one member representing the state of 
Georgia, and one non-voting member representing the United States of 
America. The state members shall be known as `State Commissioners' and 
the federal member shall be known as `Federal Commissioner.' The ACF 
Basin Commission is a body politic and corporate, with succession for 
the duration of this Compact.
    ``(b) The Governor of each of the states shall serve as the State 
Commissioner for his or her state. Each State Commissioner shall 
appoint one or more alternate members and one of such alternates as 
designated by the State Commissioner shall serve in the State 
Commissioner's place and carry out the functions of the State 
Commissioner, including voting on Commission matters, in the event the 
State Commissioner is unable to attend a meeting of the Commission. The 
alternate members from each state shall be knowledgeable in the field 
of water resources management. Unless otherwise provided by law of the 
state for which an alternate State Commissioner is appointed, each 
alternate State Commissioner shall serve at the pleasure of the State 
Commissioner. In the event of a vacancy in the office of an alternate, 
it shall be filled in the same manner as an original appointment.
    ``(c) The President of the United States of America shall appoint 
the Federal Commissioner who shall serve as the representative of all 
federal agencies with an interest in the ACF. The President shall also 
appoint an alternate Federal Commissioner to attend and participate in 
the meetings of the Commission in the event the Federal Commissioner is 
unable to attend meetings. When at meetings, the alternate Federal 
Commissioner shall possess all of the powers of the Federal 
Commissioner. The Federal Commissioner and alternate appointed by the 
President shall serve until they resign or their replacements are 
appointed.
    ``(d) Each state shall have one vote on the ACF Basin Commission 
and the Commission shall make all decisions and exercise all powers by 
unanimous vote of the three State Commissioners. The Federal 
Commissioner shall not have a vote, but shall attend and participate in 
all meetings of the ACF Basin Commission to the same extent as the 
State Commissioners.
    ``(e) The ACF Basin Commission shall meet at least once a year at a 
date set at its initial meeting. Such initial meeting shall take place 
within ninety days of the ratification of the Compact by the Congress 
of the United States and shall be called by the chairman of the 
Commission. Special meetings of the Commission may be called at the 
discretion of the chairman of the Commission and shall be called by the 
chairman of the Commission upon written request of any member of the 
Commission. All members shall be notified of the time and place 
designated for any regular or special meeting at least five days prior 
to such meeting in one of the following ways: by written notice mailed 
to the last mailing address given to the Commission by each member, by 
facsimile, telegram or by telephone. The Chairmanship of the Commission 
shall rotate annually among the voting members of the Commission on an 
alphabetical basis, with the first chairman to be the State 
Commissioner representing the State of Alabama.
    ``(f) All meetings of the Commission shall be open to the public.
    ``(g) The ACF Basin Commission, so long as the exercise of power is 
consistent with this Compact, shall have the following general powers:
        ``(1) to adopt bylaws and procedures governing its conduct;
        ``(2) to sue and be sued in any court of competent 
    jurisdiction;
        ``(3) to retain and discharge professional, technical, clerical 
    and other staff and such consultants as are necessary to accomplish 
    the purposes of this Compact;
        ``(4) to receive funds from any lawful source and expend funds 
    for any lawful purpose;
        ``(5) to enter into agreements or contracts, where appropriate, 
    in order to accomplish the purposes of this Compact;
        ``(6) to create committees and delegate responsibilities;
        ``(7) to plan, coordinate, monitor, and make recommendations 
    for the water resources of the ACF Basin for the purposes of, but 
    not limited to, minimizing adverse impacts of floods and droughts 
    and improving water quality, water supply, and conservation as may 
    be deemed necessary by the Commission;
        ``(8) to participate with other governmental and non-
    governmental entities in carrying out the purposes of this Compact;
        ``(9) to conduct studies, to generate information regarding the 
    water resources of the ACF Basin, and to share this information 
    among the Commission members and with others;
        ``(10) to cooperate with appropriate state, federal, and local 
    agencies or any other person in the development, ownership, 
    sponsorship, and operation of water resource facilities in the ACF 
    Basin; provided, however, that the Commission shall not own or 
    operate a federally-owned water resource facility unless authorized 
    by the United States Congress;
        ``(11) to acquire, receive, hold and convey such personal and 
    real property as may be necessary for the performance of its duties 
    under the Compact; provided, however, that nothing in this Compact 
    shall be construed as granting the ACF Basin Commission authority 
    to issue bonds or to exercise any right of eminent domain or power 
    of condemnation;
        ``(12) to establish and modify an allocation formula for 
    apportioning the surface waters of the ACF Basin among the states 
    of Alabama, Florida and Georgia; and
        ``(13) to perform all functions required of it by this Compact 
    and to do all things necessary, proper or convenient in the 
    performance of its duties hereunder, either independently or in 
    cooperation with any state or the United States.

                             ``ARTICLE VII

                       ``EQUITABLE APPORTIONMENT

    ``(a) It is the intent of the parties to this Compact to develop an 
allocation formula for equitably apportioning the surface waters of the 
ACF Basin among the states while protecting the water quality, ecology 
and biodiversity of the ACF, as provided in the Clean Water Act, 33 
U.S.C. Sections 1251 et seq., the Endangered Species Act, 16 U.S.C. 
Sections 1532 et seq., the National Environmental Policy Act, 42 U.S.C. 
Sections 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C. 
Sections 401 et seq., and other applicable federal laws. For this 
purpose, all members of the ACF Basin Commission, including the Federal 
Commissioner, shall have full rights to notice of and participation in 
all meetings of the ACF Basin Commission and technical committees in 
which the basis and terms and conditions of the allocation formula are 
to be discussed or negotiated. When an allocation formula is 
unanimously approved by the State Commissioners, there shall be an 
agreement among the states regarding an allocation formula. The 
allocation formula thus agreed upon shall become effective and binding 
upon the parties to this Compact upon receipt by the Commission of a 
letter of concurrence with said formula from the Federal Commissioner. 
If, however, the Federal Commissioner fails to submit a letter of 
concurrence to the Commission within two hundred ten (210) days after 
the allocation formula is agreed upon by the State Commissioners, the 
Federal Commissioner shall within forty-five (45) days thereafter 
submit to the ACF Basin Commission a letter of nonconcurrence with the 
allocation formula setting forth therein specifically and in detail the 
reasons for nonconcurrence; provided, however, the reasons for 
nonconcurrence as contained in the letter of nonconcurrence shall be 
based solely upon federal law. The allocation formula shall also become 
effective and binding upon the parties to this Compact if the Federal 
Commissioner fails to submit to the ACF Basin Commission a letter of 
nonconcurrence in accordance with this Article. Once adopted pursuant 
to this Article, the allocation formula may only be modified by 
unanimous decision of the State Commissioners and the concurrence by 
the Federal Commissioner in accordance with the procedures set forth in 
this Article.
    ``(b) The parties to this Compact recognize that the United States 
operates certain projects within the ACF Basin that may influence the 
water resources within the ACF Basin. The parties to this Compact 
further acknowledge and recognize that various agencies of the United 
States have responsibilities for administering certain federal laws and 
exercising certain federal powers that may influence the water 
resources within the ACF Basin. It is the intent of the parties to this 
Compact, including the United States, to achieve compliance with the 
allocation formula adopted in accordance with this Article. 
Accordingly, once an allocation formula is adopted, each and every 
officer, agency, and instrumentality of the United States shall have an 
obligation and duty, to the maximum extent practicable, to exercise 
their powers, authority, and discretion in a manner consistent with the 
allocation formula so long as the exercise of such powers, authority, 
and discretion is not in conflict with federal law.
    ``(c) Between the effective date of this Compact and the approval 
of the allocation formula under this Article, the signatories to this 
Compact agree that any person who is withdrawing, diverting, or 
consuming water resources of the ACF Basin as of the effective date of 
this Compact, may continue to withdraw, divert or consume such water 
resources in accordance with the laws of the state where such person 
resides or does business and in accordance with applicable federal 
laws. The parties to this Compact further agree that any such person 
may increase the amount of water resources withdrawn, diverted or 
consumed to satisfy reasonable increases in the demand of such person 
for water between the effective date of this Compact and the date on 
which an allocation formula is approved by the ACF Basin Commission as 
permitted by applicable law. Each of the state parties to this Compact 
further agree to provide written notice to each of the other parties to 
this Compact in the event any person increases the withdrawal, 
diversion or consumption of such water resources by more than 10 
million gallons per day on an average annual daily basis, or in the 
event any person, who was not withdrawing, diverting or consuming any 
water resources from the ACF Basin as of the effective date of this 
Compact, seeks to withdraw, divert or consume more than one million 
gallons per day on an average annual daily basis from such resources. 
This Article shall not be construed as granting any permanent, vested 
or perpetual rights to the amounts of water used between January 3, 
1992 and the date on which the Commission adopts an allocation formula.
    ``(d) As the owner, operator, licensor, permitting authority or 
regulator of a water resource facility under its jurisdiction, each 
state shall be responsible for using its best efforts to achieve 
compliance with the allocation formula adopted pursuant to this 
Article. Each such state agrees to take such actions as may be 
necessary to achieve compliance with the allocation formula.
    ``(e) This Compact shall not commit any state to agree to any data 
generated by any study or commit any state to any allocation formula 
not acceptable to such state.

                             ``ARTICLE VIII

          ``CONDITIONS RESULTING IN TERMINATION OF THE COMPACT

    ``(a) This Compact shall be terminated and thereby be void and of 
no further force and effect if any of the following events occur:
        ``(1) The legislatures of the states of Alabama, Florida and 
    Georgia each agree by general laws enacted by each state within any 
    three consecutive years that this Compact should be terminated.
        ``(2) The United States Congress enacts a law expressly 
    repealing this Compact.
        ``(3) The States of Alabama, Florida and Georgia fail to agree 
    on an equitable apportionment of the surface waters of the ACF as 
    provided in Article VII(a) of this Compact by December 31, 1998, 
    unless the voting members of the ACF Basin Commission unanimously 
    agree to extend this deadline.
        ``(4) The Federal Commissioner submits to the Commission a 
    letter of nonconcurrence in the initial allocation formula in 
    accordance with Article VII(a) of the Compact, unless the voting 
    members of the ACF Basin Commission unanimously agree to allow a 
    single 45 day period in which the non-voting Federal Commissioner 
    and the voting State Commissioners may renegotiate an allocation 
    formula and the Federal Commissioner withdraws the letter of 
    nonconcurrence upon completion of this renegotiation.
    ``(b) If the Compact is terminated in accordance with this Article 
it shall be of no further force and effect and shall not be the subject 
of any proceeding for the enforcement thereof in any federal or state 
court. Further, if so terminated, no party shall be deemed to have 
acquired a specific right to any quantity of water because it has 
become a signatory to this Compact.

                              ``ARTICLE IX

     ``COMPLETION OF STUDIES PENDING ADOPTION OF ALLOCATION FORMULA

    ``The ACF Basin Commission, in conjunction with one or more 
interstate, federal, state or local agencies, is hereby authorized to 
participate in any study in process as of the effective date of this 
Compact, including, without limitation, all or any part of the Alabama-
Coosa-Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin 
Comprehensive Water Resource Study, as may be determined by the 
Commission in its sole discretion.

                              ``ARTICLE X

                      ``RELATIONSHIP TO OTHER LAWS

    ``(a) It is the intent of the party states and of the United States 
Congress by ratifying this Compact, that all state and federal 
officials enforcing, implementing or administering other state and 
federal laws affecting the ACF Basin shall, to the maximum extent 
practicable, enforce, implement or administer those laws in furtherance 
of the purposes of this Compact and the allocation formula adopted by 
the Commission insofar as such actions are not in conflict with 
applicable federal laws.
    ``(b) Nothing contained in this Compact shall be deemed to restrict 
the executive powers of the President in the event of a national 
emergency.
    ``(c) Nothing contained in this Compact shall impair or affect the 
constitutional authority of the United States or any of its powers, 
rights, functions or jurisdiction under other existing or future laws 
in and over the area or waters which are the subject of the Compact, 
including projects of the Commission, nor shall any act of the 
Commission have the effect of repealing, modifying or amending any 
federal law. All officers, agencies and instrumentalities of the United 
States shall exercise their powers and authority over water resources 
in the ACF Basin and water resource facilities, and to the maximum 
extent practicable, shall exercise their discretion in carrying out 
their responsibilities, powers, and authorities over water resources in 
the ACF Basin and water resource facilities in the ACF Basin in a 
manner consistent with and that effectuates the allocation formula 
developed pursuant to this Compact or any modification of the 
allocation formula so long as the actions are not in conflict with any 
applicable federal law. The United States Army Corps of Engineers, or 
its successors, and all other federal agencies and instrumentalities 
shall cooperate with the ACF Basin Commission in accomplishing the 
purposes of the Compact and fulfilling the obligations of each of the 
parties to the Compact regarding the allocation formula.
    ``(d) Once adopted by the three states and ratified by the United 
States Congress, this Compact shall have the full force and effect of 
federal law, and shall supersede state and local laws operating 
contrary to the provisions herein or the purposes of this Compact; 
provided, however, nothing contained in this Compact shall be construed 
as affecting or intending to affect or in any way to interfere with the 
laws of the respective signatory states relating to water quality, and 
riparian rights as among persons exclusively within each state.

                              ``ARTICLE XI

                         ``PUBLIC PARTICIPATION

    ``All meetings of the Commission shall be open to the public. The 
signatory parties recognize the importance and necessity of public 
participation in activities of the Commission, including the 
development and adoption of the initial allocation formula and any 
modification thereto. Prior to the adoption of the initial allocation 
formula, the Commission shall adopt procedures ensuring public 
participation in the development, review, and approval of the initial 
allocation formula and any subsequent modification thereto. At a 
minimum, public notice to interested parties and a comment period shall 
be provided. The Commission shall respond in writing to relevant 
comments.

                             ``ARTICLE XII

                ``FUNDING AND EXPENSES OF THE COMMISSION

    ``Commissioners shall serve without compensation from the ACF Basin 
Commission. All general operational funding required by the Commission 
and agreed to by the voting members shall obligate each state to pay an 
equal share of such agreed upon funding. Funds remitted to the 
Commission by a state in payment of such obligation shall not lapse; 
provided, however, that if any state fails to remit payment within 90 
days after payment is due, such obligation shall terminate and any 
state which has made payment may have such payment returned. Costs of 
attendance and participation at meetings of the Commission by the 
Federal Commissioner shall be paid by the United States.

                             ``ARTICLE XIII

                          ``DISPUTE RESOLUTION

    ``(a) In the event of a dispute between two or more voting members 
of this Compact involving a claim relating to compliance with the 
allocation formula adopted by the Commission under this Compact, the 
following procedures shall govern:
        ``(1) Notice of claim shall be filed with the Commission by a 
    voting member of this Compact and served upon each member of the 
    Commission. The notice shall provide a written statement of the 
    claim, including a brief narrative of the relevant matters 
    supporting the claimant's position.
        ``(2) Within twenty (20) days of the Commission's receipt of a 
    written statement of a claim, the party or parties to the Compact 
    against whom the complaint is made may prepare a brief narrative of 
    the relevant matters and file it with the Commission and serve it 
    upon each member of the Commission.
        ``(3) Upon receipt of a claim and any response or responses 
    thereto, the Commission shall convene as soon as reasonably 
    practicable, but in no event later than twenty (20) days from 
    receipt of any response to the claim, and shall determine if a 
    resolution of the dispute is possible.
        ``(4) A resolution of a dispute under this Article through 
    unanimous vote of the State Commissioners shall be binding upon the 
    state parties and any state party determined to be in violation of 
    the allocation formula shall correct such violation without delay.
        ``(5) If the Commission is unable to resolve the dispute within 
    10 days from the date of the meeting convened pursuant to 
    subparagraph (a)(3) of this Article, the Commission shall select, 
    by unanimous decision of the voting members of the Commission, an 
    independent mediator to conduct a non-binding mediation of the 
    dispute. The mediator shall not be a resident or domiciliary of any 
    member state, shall not be an employee or agent of any member of 
    the Commission, shall be a person knowledgeable in water resource 
    management issues, and shall disclose any and all current or prior 
    contractual or other relations to any member of the Commission. The 
    expenses of the mediator shall be paid by the Commission. If the 
    mediator becomes unwilling or unable to serve, the Commission by 
    unanimous decision of the voting members of the Commission, shall 
    appoint another independent mediator.
        ``(6) If the Commission fails to appoint an independent 
    mediator to conduct a non-binding mediation of the dispute within 
    seventy-five (75) days of the filing of the original claim or 
    within thirty (30) days of the date on which the Commission learns 
    that a mediator is unwilling or unable to serve, the party 
    submitting the claim shall have no further obligation to bring the 
    claim before the Commission and may proceed by pursuing any 
    appropriate remedies, including any and all judicial remedies.
        ``(7) If an independent mediator is selected, the mediator 
    shall establish the time and location for the mediation session or 
    sessions and may request that each party to the Compact submit, in 
    writing, to the mediator a statement of its position regarding the 
    issue or issues in dispute. Such statements shall not be exchanged 
    by the parties except upon the unanimous agreement of the parties 
    to the mediation.
        ``(8) The mediator shall not divulge confidential information 
    disclosed to the mediator by the parties or by witnesses, if any, 
    in the course of the mediation. All records, reports, or other 
    documents received by a mediator while serving as a mediator shall 
    be considered confidential. The mediator shall not be compelled in 
    any adversary proceeding or judicial forum to divulge the contents 
    of such documents or the fact that such documents exist or to 
    testify in regard to the mediation.
        ``(9) Each party to the mediation shall maintain the 
    confidentiality of the information received during the mediation 
    and shall not rely on or introduce in any judicial proceeding as 
    evidence:
            ``a. Views expressed or suggestions made by another party 
        regarding a settlement of the dispute;
            ``b. Proposals made or views expressed by the mediator; or
            ``c. The fact that another party to the hearing had or had 
        not indicated a willingness to accept a proposal for settlement 
        of the dispute.
        ``(10) The mediator may terminate the non-binding mediation 
    session or sessions whenever, in the judgment of the mediator, 
    further efforts to resolve the dispute would not lead to a 
    resolution of the dispute between or among the parties. Any party 
    to the dispute may terminate the mediation process at any time by 
    giving written notification to the mediator and the Commission. If 
    terminated prior to reaching a resolution, the party submitting the 
    original claim to the Commission shall have no further obligation 
    to bring its claim before the Commission and may proceed by 
    pursuing any appropriate remedies, including any and all judicial 
    remedies.
        ``(11) The mediator shall have no authority to require the 
    parties to enter into a settlement of any dispute regarding the 
    Compact. The mediator may simply attempt to assist the parties in 
    reaching a mutually acceptable resolution of their dispute. The 
    mediator is authorized to conduct joint and separate meetings with 
    the parties to the mediation and to make oral or written 
    recommendations for a settlement of the dispute.
        ``(12) At any time during the mediation process, the Commission 
    is encouraged to take whatever steps it deems necessary to assist 
    the mediator or the parties to resolve the dispute.
        ``(13) In the event of a proceeding seeking enforcement of the 
    allocation formula, this Compact creates a cause of action solely 
    for equitable relief. No action for money damages may be 
    maintained. The party or parties alleging a violation of the 
    Compact shall have the burden of proof.
    ``(b) In the event of a dispute between any voting member and the 
United States relating to a state's noncompliance with the allocation 
formula as a result of actions or a refusal to act by officers, 
agencies or instrumentalities of the United States, the provisions set 
forth in paragraph (a) of this Article (other than the provisions of 
subparagraph (a)(4)) shall apply.
    ``(c) The United States may initiate dispute resolution under 
paragraph (a) in the same manner as other parties to this Compact.
    ``(d) Any signatory party who is affected by any action of the 
Commission, other than the adoption or enforcement of or compliance 
with the allocation formula, may file a complaint before the ACF Basin 
Commission seeking to enforce any provision of this Compact.
        ``(1) The Commission shall refer the dispute to an independent 
    hearing officer or mediator, to conduct a hearing or mediation of 
    the dispute. If the parties are unable to settle their dispute 
    through mediation, a hearing shall be held by the Commission or its 
    designated hearing officer. Following a hearing conducted by a 
    hearing officer, the hearing officer shall submit a report to the 
    Commission setting forth findings of fact and conclusions of law, 
    and making recommendations to the Commission for the resolution of 
    the dispute.
        ``(2) The Commission may adopt or modify the recommendations of 
    the hearing officer within 60 days of submittal of the report. If 
    the Commission is unable to reach unanimous agreement on the 
    resolution of the dispute within 60 days of submittal of the report 
    with the concurrence of the Federal Commissioner in disputes 
    involving or affecting federal interests, the affected party may 
    file an action in any court of competent jurisdiction to enforce 
    the provisions of this Compact. The hearing officer's report shall 
    be of no force and effect and shall not be admissible as evidence 
    in any further proceedings.
    ``(e) All actions under this Article shall be subject to the 
following provisions:
        ``(1) The Commission shall adopt guidelines and procedures for 
    the appointment of hearing officers or independent mediators to 
    conduct all hearings and mediations required under this Article. 
    The hearing officer or mediator appointed under this Article shall 
    be compensated by the Commission.
        ``(2) All hearings or mediations conducted under this article 
    may be conducted utilizing the Federal Administrative Procedures 
    Act, the Federal Rules of Civil Procedure, and the Federal Rules of 
    Evidence. The Commission may also choose to adopt some or all of 
    its own procedural and evidentiary rules for the conduct of 
    hearings or mediations under this Compact.
        ``(3) Any action brought under this Article shall be limited to 
    equitable relief only. This Compact shall not give rise to a cause 
    of action for money damages.
        ``(4) Any signatory party bringing an action before the 
    Commission under this Article shall have the burdens of proof and 
    persuasion.

                             ``ARTICLE XIV

                             ``ENFORCEMENT

    ``The Commission may, upon unanimous decision, bring an action 
against any person to enforce any provision of this Compact, other than 
the adoption or enforcement of or compliance with the allocation 
formula, in any court of competent jurisdiction.

                              ``ARTICLE XV

                   ``IMPACTS ON OTHER STREAM SYSTEMS

    ``This Compact shall not be construed as establishing any general 
principle or precedent applicable to any other interstate streams.

                             ``ARTICLE XVI

   ``IMPACT OF COMPACT ON USE OF WATER WITHIN THE BOUNDARIES OF THE 
                           COMPACTING STATES

    ``The provisions of this Compact shall not interfere with the right 
or power of any state to regulate the use and control of water within 
the boundaries of the state, providing such state action is not 
inconsistent with the allocation formula.

                             ``ARTICLE XVII

                  ``AGREEMENT REGARDING WATER QUALITY

    ``(a) The States of Alabama, Florida, and Georgia mutually agree to 
the principle of individual State efforts to control man-made water 
pollution from sources located and operating within each State and to 
the continuing support of each State in active water pollution control 
programs.
    ``(b) The States of Alabama, Florida, and Georgia agree to 
cooperate, through their appropriate State agencies, in the 
investigation, abatement, and control of sources of alleged interstate 
pollution within the ACF River Basin whenever such sources are called 
to their attention by the Commission.
    ``(c) The States of Alabama, Florida, and Georgia agree to 
cooperate in maintaining the quality of the waters of the ACF River 
Basin.
    ``(d) The States of Alabama, Florida, and Georgia agree that no 
State may require another state to provide water for the purpose of 
water quality control as a substitute for or in lieu of adequate waste 
treatment.

                            ``ARTICLE XVIII

         ``EFFECT OF OVER OR UNDER DELIVERIES UNDER THE COMPACT

    ``No state shall acquire any right or expectation to the use of 
water because of any other state's failure to use the full amount of 
water allocated to it under this Compact.

                             ``ARTICLE XIX

                             ``SEVERABILITY

    ``If any portion of this Compact is held invalid for any reason, 
the remaining portions, to the fullest extent possible, shall be 
severed from the void portion and given the fullest possible force, 
effect, and application.

                              ``ARTICLE XX

                    ``NOTICE AND FORMS OF SIGNATURE

    ``Notice of ratification of this Compact by the legislature of each 
state shall promptly be given by the Governor of the ratifying state to 
the Governors of the other participating states. When all three state 
legislatures have ratified the Compact, notice of their mutual 
ratification shall be forwarded to the Congressional delegation of the 
signatory states for submission to the Congress of the United States 
for ratification. When the Compact is ratified by the Congress of the 
United States, the President, upon signing the Federal ratification 
legislation, shall promptly notify the Governors of the participating 
states and appoint the Federal Commissioner. The Compact shall be 
signed by all four Commissioners as their first order of business at 
their first meeting and shall be filed of record in the party 
states.''.

SEC. 2. INCONSISTENCY OF LANGUAGE.

    The validity of the Compact consented to by this Act shall not be 
affected by any insubstantial difference in its form or language as 
adopted by the States.

SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.

    The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved.

SEC. 4. RESERVATIONS.

    To ensure participation of Federal agencies during the development 
of the allocation formula and participation in all technical working 
groups and meetings in which the terms and conditions of the allocation 
formula are negotiated and to preserve Federal discretion under law, 
the consent of Congress to, and participation of the United States in, 
the Apalachicola-Chattahoochee-Flint River Basin Compact, is subject to 
the following conditions and reservations:
        (1) Representatives of any Federal agency may attend any and 
    all meetings of the Commission.
        (2) Upon the request of the Federal Commissioner, 
    representatives of any Federal agency may participate in any 
    meetings of technical committees, if any, of the Commission at 
    which the basis or terms and conditions of the allocation formula 
    or modifications to the allocation formula are to be discussed or 
    negotiated.
        (3) The Federal Commissioner shall be given notice of any 
    meeting of the Commission or any meeting of technical committees, 
    if any, of the Commission at which compliance with the allocation 
    formula by one or more officers, agencies, or instrumentalities of 
    the United States is to be discussed.
        (4) Under the provisions of Article VII(a), the Federal 
    Commissioner may submit a letter of concurrence with the allocation 
    formula unanimously adopted by the State Commissioners within 255 
    days of such adoption.
        (5) No mediator shall be selected under Article XIII(b) or 
    Article XIII(c) without the concurrence of the Federal Commissioner 
    and no resolution of a dispute under Article XIII(c) shall be made 
    binding on the United States without the concurrence of the Federal 
    Commissioner.
        (6) The obligations of employees, agencies, and 
    instrumentalities of the United States pursuant to Articles VII(b), 
    X(a), and X(c) to exercise their discretion, to the maximum extent 
    practicable, in a manner consistent with the allocation formula 
    shall not be construed to interfere with the ability of such 
    employees, agencies, and instrumentalities to take actions during 
    emergency situations.
        (7) As among water right holders within any one State, nothing 
    in this Compact shall be construed as affecting or intending to 
    affect or in any way to interfere with the laws of the respective 
    signatory States relating to riparian rights of the United States 
    in and to the waters of the Apalachicola-Chattahoochee-Flint River 
    Basin.

SEC. 5. EFFECTUATION.

    (a) Federal Agency Authority.--To carry out the purposes of this 
Compact, Federal agencies are authorized, as they may deem 
appropriate--
        (1) to engage in cooperative relationships with the Commission;
        (2) to conduct studies and monitoring programs in cooperation 
    with the Commission;
        (3) to enter into agreements to indemnify private landowners 
    against liability that may arise from studies and monitoring 
    programs undertaken in cooperation with the Commission; and
        (4) to furnish assistance, including the provision of services, 
    facilities, and personnel, to the Federal Commissioner.
    (b) Appropriations.--Appropriations are authorized as necessary for 
implementing the Compact, including appropriations for carrying out the 
functions of the Federal Commissioner and alternates and for employment 
of personnel by the Federal Commissioner.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.