[Congressional Record Volume 140, Number 148 (Wednesday, November 30, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: November 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
             MARYLAND-WEST VIRGINIA INTERSTATE COMPACT ACT

  The text of the joint resolution (S.J. Res. 205) 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, as 
passed by the Senate on October 8, 1994, is as follows:

                             S.J. Res. 205

       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.

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