[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 51 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
S. J. RES. 51

   Granting the consent of Congress to the Potomac Highlands Airport 
Authority Compact entered into between the States of Maryland and West 
                               Virginia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 1998

Mr. Sarbanes (for himself, Mr. Byrd, Mr. Rockefeller, and Ms. Mikulski) 
  introduced the following joint resolution; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION


 
   Granting the consent of Congress to the Potomac Highlands Airport 
Authority Compact entered into between the States of Maryland and West 
                               Virginia.

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

SECTION 1. CONGRESSIONAL CONSENT.

    Congress hereby consents to the Potomac Highlands Airport Authority 
Compact entered into between the States of Maryland and West Virginia. 
The compact reads substantially as follows:

             ``Potomac Highlands Airport Authority Compact

``SECTION 1. COUNTY COMMISSIONS EMPOWERED TO ENTER INTO 
              INTERGOVERNMENTAL AGREEMENTS RELATING TO CUMBERLAND 
              MUNICIPAL AIRPORT.

    ``The county commissions of Mineral County, West Virginia, and of 
other West Virginia counties contiguous to Mineral County, and the 
governing bodies of municipal corporations situated in those counties, 
may enter into intergovernmental agreements with this State, Allegany 
County, Maryland, other Maryland counties contiguous to Allegany County 
and Cumberland, Maryland, and other municipal corporations situated in 
those Maryland counties, and with the Potomac Highlands Airport 
Authority regarding the operation and use of the Cumberland Municipal 
Airport situated in Mineral County, West Virginia. The agreements shall 
be reciprocal in nature and may include, but are not limited to, 
conditions governing the operation, use, and maintenance of airport 
facilities, taxation of aircraft owned by Maryland residents and 
others, and user fees.

``SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AUTHORIZED.

    ``The county commissions of Mineral County, West Virginia, and of 
other West Virginia counties contiguous to Mineral County, and the 
governing bodies of municipal corporations situated in those counties, 
or any one or more of them, jointly and severally, may create and 
establish, with proper governmental units of this State, Allegany 
County, Maryland, other Maryland counties contiguous to Allegany 
County, and Cumberland, Maryland, and other municipal corporations 
situated in those Maryland counties, or any one or more of them, a 
public agency to be known as the `Potomac Highlands Airport Authority' 
in the manner and for the purposes set forth in this Compact.

``SEC. 3. AUTHORITY A CORPORATION.

    ``When created, the Authority and the members of the Authority 
shall constitute a public corporation and, as such, shall have 
perpetual succession, may contract and be contracted with, sue and be 
sued, and have and use a common seal.

``SEC. 4. PURPOSES.

    ``The Authority may acquire, equip, maintain, and operate an 
airport or landing field and appurtenant facilities in Mineral County, 
on the Potomac River near Ridgeley, West Virginia, to serve the area in 
which it is located.

``SEC. 5. MEMBERS OF AUTHORITY.

    ``(a) In General.--The management and control of the Potomac 
Highlands Airport Authority, its property, operations, business, and 
affairs, shall be lodged in a board of seven or more persons who shall 
be known as members of the Authority and who shall be appointed for 
terms of three years each by those counties, municipal corporations, or 
other governmental units situated in West Virginia and Maryland as 
contribute to the funds of the Authority, in such proportion between 
those States and counties, municipal corporations, and units, and in 
whatever manner, as may from time to time be provided in the bylaws 
adopted by the Authority.
    ``(b) First Board.--The first board shall be appointed as follows:
            ``(1) The County Commission of Mineral County shall appoint 
        two members for terms of two and three years, respectively.
            ``(2) The governing official or body of the municipal 
        corporation of Cumberland, Maryland, shall appoint three 
        members for terms of one, two, and three years, respectively.
            ``(3) The governing official or body of Allegany County, 
        Maryland, shall appoint two members for terms of one and two 
        years, respectively.

``SEC. 6. POWERS.

    ``The Potomac Highlands Airport Authority has power and authority 
as follows:
            ``(1) To make and adopt all necessary bylaws, rules, and 
        regulations for its organization and operations not 
        inconsistent with law.
            ``(2) To take all legal actions necessary or desirable in 
        relation to the general operation, governance, capital 
        expansion, management, and protection of the Cumberland 
        Municipal Airport.
            ``(3) To increase the number of members of the Authority, 
        and to set the terms of office and appointment procedures for 
        those additional members.
            ``(4) To elect its own officers, to appoint committees, and 
        to employ and fix the compensation for personnel necessary for 
        its operation.
            ``(5) To enter into contracts with any person, firm, or 
        corporation, and generally to do anything necessary for the 
        purpose of acquiring, equipping, expanding, maintaining, and 
        operating an airport.
            ``(6) To delegate any authority given to it by law to any 
        of its officers, committees, agents, or employees.
            ``(7) To apply for, receive, and use grants in aid, 
        donations, and contributions from any sources.
            ``(8) To take or acquire lands by purchase, holding title 
        to it in its own name.
            ``(9) To purchase, own, hold, sell, and dispose of personal 
        property and to sell and dispose of any real estate which it 
        may have acquired and may determine not to be needed for its 
        purposes.
            ``(10) To borrow money.
            ``(11) To extend its funds in the execution of the powers 
        and authority hereby given.
            ``(12) To take all necessary steps to provide for proper 
        police protection at the airport.
            ``(13) To inventory airplanes and other personal property 
        at the airport and provide the assessor of Mineral County and 
        other proper governmental officials with full particulars in 
        regard to the inventory.

``SEC. 7. PARTICIPATION BY WEST VIRGINIA.

    ``(a) Appointment of Members; Contribution to Costs.--The county 
commissions of Mineral County and of counties contiguous to Mineral 
County, and the governing bodies of municipal corporations situated in 
those counties, or any one or more of them, jointly and severally, may 
appoint members of the Authority and contribute to the cost of 
acquiring, equipping, maintaining, and operating the airport and 
appurtenant facilities.
    ``(b) Transfer of Property.--Any of the foregoing county 
commissions or municipal corporations may transfer and convey to the 
Authority property of any kind acquired previously by the county 
commission or municipal corporation for airport purposes.

``SEC. 8. FUNDS AND ACCOUNTS.

    ``(a) Contribution and Deposit of Funds.--Contributions may be made 
to the Authority from time to time by the various bodies contributing 
to its funds and shall be deposited in whatever bank or banks a 
majority of the members of the Authority direct and may be withdrawn 
from them in whatever manner the Authority directs.
    ``(b) Accounts and Reports.--The Authority shall keep strict 
account of all of its receipts and expenditures and shall make 
quarterly reports to the public and private bodies contributing to its 
funds, containing an itemized account of its operations in the 
preceding quarter. The accounts of the Authority shall be regularly 
examined by the State Tax Commissioner in the manner required by 
Article nine, Chapter six of the Code of West Virginia.

``SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EXEMPT FROM TAXATION.

    ``The Authority is exempt from the payment of any taxes or fees to 
the State of West Virginia or any subdivisions of that State or to any 
officer or employee of the State or other subdivision of it. The 
property of the Authority is exempt from all local and municipal taxes. 
Notes, debentures, and other evidence of indebtedness of the Authority 
are declared to be issued for a public purpose and to be public 
instrumentalities, and, together with interest on them, are exempt from 
taxes.

``SEC. 10. SALE OR LEASE OF PROPERTY.

    ``In the event all of the public corporations contributing to the 
funds of the Authority so determine, the Authority shall make sale of 
all of its properties and assets and distribute the proceeds of the 
sale among those contributing to its funds. In the alternative, if such 
of the supporting corporations contributing a majority of the funds of 
the Authority so determine, the Authority may lease all of its property 
and equipment upon whatever terms and conditions the Authority may fix 
and determine.

``SEC. 11. EMPLOYEES TO BE COVERED BY WORKMEN'S COMPENSATION.

    ``All eligible employees of the Authority are considered to be 
within the Workmen's Compensation Act of West Virginia, and premiums on 
their compensation shall be paid by the Authority as required by law.

``SEC. 12. LIBERAL CONSTRUCTION OF COMPACT.

    ``It is the purpose of this Compact to provide for the maintenance 
and operation of an airport in a prudent and economical manner, and 
this Compact shall be liberally construed as giving to the Authority 
full and complete power reasonably required to give effect to the 
purposes hereof. The provisions of this Compact are in addition to and 
not in derogation of any power existing in the county commissions and 
municipal corporations herein named under any constitutional, 
statutory, or charter provisions which they or any of them may now have 
or may hereafter acquire or adopt.''.

SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

    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.
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