[Congressional Record Volume 142, Number 38 (Tuesday, March 19, 1996)]
[House]
[Pages H2339-H2342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT

  Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 129) granting the consent of Congress to 
the Vermont-New Hampshire Interstate Public Water Supply Compact.
  The Clerk read as follows:

                             H.J. Res. 129

       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 Vermont-New Hampshire 
     Interstate Public Water Supply Compact entered into between 
     the States of Vermont and New Hampshire. The compact reads 
     substantially as follows:

     ``VERMONT-NEW HAMPSHIRE INTERSTATE PUBLIC WATER SUPPLY COMPACT

                              ``ARTICLE I


                          ``general provisions

       ``(a) Statement of Policy.--It is recognized that in 
     certain cases municipalities in Vermont and New Hampshire 
     may, in order to avoid duplication of cost and effort, and in 
     order to take advantage of economies of scale, find it 
     necessary or advisable to enter into agreements whereby joint 
     public water supply facilities are erected and maintained. 
     The States of Vermont and New Hampshire recognize the value 
     of and need for such agreements, and adopt this compact in 
     order to authorize their establishment.
       ``(b) Requirement of Congressional Approval.--This compact 
     shall not become effective until approved by the United 
     States Congress.
       ``(c) Definitions.--
       ``(1) The term `public water supply facilities' shall mean 
     publicly owned water supply sources, storage, treatment, 
     transmission and distribution facilities, and ancillary 
     facilities regardless of whether or not the same qualify for 
     Federal or State construction grants-in-aid.
       ``(2) The term `municipalities' shall mean cities, towns, 
     village districts, or other incorporated units of local 
     government possessing authority to construct, maintain, and 
     operate public water supply facilities and to raise revenue 
     therefore by bonding and taxation, which may legally impose 
     and collect user charges and impose and enforce regulatory 
     control upon users of public water supply facilities.
       ``(3) The term `water supply agency' shall mean the 
     agencies within Vermont and New Hampshire possessing 
     regulating authority over the construction, maintenance, and 
     operation of public water supply facilities and the 
     administration of grants-in-aid from their respective State 
     for the construction of such facilities.
       ``(4) the term `governing body' shall mean the legislative 
     body of the municipality, including, in the case of a town, 
     the selectmen or town meeting, and, in the case of a city, 
     the city council, or the board of mayor and aldermen or any 
     similar body in any community not inconsistent with the 
     intent of this definition.

                              ``ARTICLE II


   ``procedures and conditions governing intergovernmental agreements

       ``(a) Cooperative Agreements Authorized.--Any two or more 
     municipalities, one or more located in New Hampshire and one 
     or more located in Vermont, may enter into cooperative 
     agreements for the construction, maintenance, and operation 
     of public water supply facilities serving all the 
     municipalities who are parties thereto.
       ``(b) Approval of Agreements.--Any agreement entered into 
     under this compact shall, prior to becoming effective, be 
     approved by the water supply agency of each State, and shall 
     be in a form established jointly by said agencies of both 
     States.
       ``(c) Method of Adopting Agreements.--Agreements shall be 
     adopted by the governing body of each municipality in 
     accordance with statutory procedures for the adoption of 
     interlocal agreements between municipalities within each 
     State; provided, that before a Vermont municipality may enter 
     into such agreement, the proposed agreement shall be approved 
     by the voters.
       ``(d) Review and Approval of Plans.--The water supply 
     agency of the State in which any part of a public water 
     supply facility which is proposed under an agreement pursuant 
     to this compact is proposed to be or is located, is hereby 
     authorized and required, to the extent such authority 
     exists under its State law, to review and approve or 
     disapprove all reports, designs, plans, and other 
     engineering documents required to apply for Federal 
     grants-in-aid or grants-in-aid from said agency's State, 
     and to supervise and regulate the planning, design, 
     construction, maintenance, and operation of said part of 
     the facility.
       ``(e) Federal Grants and Financing.--(1) Application for 
     Federal grants-in-aid for the

[[Page H2340]]

     planning, design, and construction of public water supply 
     facilities other than distribution facilities shall be made 
     jointly by the agreeing municipalities, with the amount of 
     the grant attributable to each State's allotment to be based 
     upon the relative total capacity reserves allocated to the 
     municipalities in the respective States determined jointly by 
     the respective State water supply agencies. Each municipality 
     shall be responsible for applying for Federal and State 
     grants for distribution facilities to be located within the 
     municipal boundaries.
       ``(2) Municipalities are hereby authorized to raise and 
     appropriate revenue for the purpose of contributing pro rata 
     to the planning, design, and construction cost of public 
     water supply facilities constructed and operated as joint 
     facilities pursuant to this compact.
       ``(f) Contents of Agreements.--Agreements entered into 
     pursuant to this compact shall contain at least the 
     following:
       ``(1) A system of charges for users of the joint public 
     water supply facilities.
       ``(2) A uniform set of standards for users of the joint 
     public water supply facilities.
       ``(3) A provision for the pro rata sharing of operating and 
     maintenance costs based upon the ratio of actual usage as 
     measured by devices installed to gauge such usage with 
     reasonable accuracy.
       ``(4) A provision establishing a procedure for the 
     arbitration and resolution of disputes.
       ``(5) A provision establishing a procedure for the carriage 
     of liability insurance, if such insurance is necessary under 
     the laws of either State.
       ``(6) A provision establishing a procedure for the 
     modification of the agreement.
       ``(7) A provision establishing a procedure for the adoption 
     of regulations for the use, operation, and maintenance of the 
     public water supply facilities.
       ``(8) A provision setting forth the means by which the 
     municipality that does not own the joint public water supply 
     facility will pay the other municipality its share of the 
     maintenance and operating costs of said facility.
       ``(g) Applicability of State Laws.--Cooperative agreements 
     entered into by municipalities under this compact shall be 
     consistent with, and shall not supersede, the laws of the 
     State in which each municipality is located. Notwithstanding 
     any provision of this compact, actions taken by a 
     municipality pursuant to this compact, or pursuant to an 
     agreement entered into under this compact, including the 
     incurring of obligations or the raising and appropriating of 
     revenue, shall be valid only if taken in accordance with the 
     laws of the State in which such municipality is located.


                             ``construction

       ``Nothing in this compact shall be construed to authorize 
     the establishment of interstate districts, authorities, or 
     any other new governmental or quasi-governmental entity.

                             ``ARTICLE III


                            ``effective date

       ``This compact shall become effective when ratified by the 
     States of Vermont and New Hampshire and approved by the 
     United States Congress.''.

     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.

     SEC. 3. CONSTRUCTION AND SEVERABILITY.

       It is intended that the provisions of this compact shall be 
     reasonably and liberally construed to effectuate the purposes 
     thereof. If any part or application of this compact, or 
     legislation enabling the compact is held invalid, the 
     remainder of the compact or its application to other 
     situations or persons shall not be affected.

     SEC. 4. INCONSISTENCY OF LANGUAGE.

       The validity of this compact shall not be affected by any 
     insubstantial difference in its form or language as adopted 
     by the two States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Gekas] and the gentleman from Rhode Island [Mr. Reed] 
will each be recognized for 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].
  Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
  This is a very dramatic moment in the history of Vermont and New 
Hampshire, and I am proud to take the floor to participate in this 
historic time.
  Mr. Speaker, as everyone knows or should know, the Constitution 
itself provides for congressional approval of agreements reached 
between two or more of the several States of the Union in matters that 
if they were not approved by Congress could lead to conflict among 
States involved in or near the problem that is solved. In this 
particular case, there are certain water problems that cross boundaries 
between Vermont and New Hampshire. Testimony to these problems and to 
the way it was going to be solved has been amply provided by the 
gentleman from Vermont [Mr. Sanders] and the gentleman from New 
Hampshire [Mr. Bass].

                              {time}  1500

  Testimony was received at our subcommittee hearing, and we were all 
satisfied by unanimous vote that, indeed, the request for congressional 
approval was well merited, and the subcommittee did grant its approval 
as did the full committee when its time came.
  Mr. Speaker, I reserve the balance of my time.
  Mr. REED. Mr. Speaker, I yield myself such time as I may consume, and 
I rise in support of the joint resolution.
  Mr. Speaker, House Joint Resolution 129 would grant congressional 
consent to an interstate compact between Vermont and New Hampshire. 
Congressional approval is required before the towns involved can apply 
for Federal funds to upgrade a joint water-treatment plant. The compact 
will also permit future joint water-supply facilities of the New 
Hampshire-Vermont border. Compacts between Vermont and New Hampshire 
are not new. In fact, there is already one relating to sewer systems.
  The towns are hoping to begin construction once the weather turns 
warm enough to break ground, so I urge speedy passage of this 
noncontroversial legislation.
  Identical legislation has already been passed the Senate by voice 
vote on December 18, 1995.
  This measure was urged before the committee very eloquently by the 
gentleman from Vermont [Mr. Sanders] and the gentleman from New 
Hampshire [Mr. Bass], and I would hope that we would all join them in 
supporting this very worthy measure.
  Mr. REED. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Vermont [Mr. Sanders].
  Mr. SANDERS. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  I would like to begin by thanking the gentleman from Pennsylvania 
[Mr. Gekas] and the chairman of the full Committee on the Judiciary, 
the gentleman from Illinois [Mr. Hyde], for their assistance in 
ensuring this joint resolution was passed by the Committee on the 
Judiciary and placed on the Suspension Calendar in a timely manner. We 
very much appreciate their willingness to move this matter along so 
rapidly.
  Mr. Speaker, passage of this legislation is very important to the 
residents of Guildhall, VT. The Vermont-New Hampshire public water 
supply compact is noncontroversial but it is essential. Passage will 
allow Guildhall to pay its debt to New Hampshire and will allow the 
village of Guildhall to update its water transmission lines and provide 
adequate water services--including fire protection--to its residents. 
Right now, only one fire hydrant serves the village of Guildhall, and 
more are needed.
  Mr. Speaker, Vermonters take pride in meeting their environmental 
obligations and this will allow the town of Guildhall to meet 
requirements under the Clean Water Act. And, if this bill passes under 
suspension today, Guildhall can start upgrading its water transmission 
lines and provide improved fire protection on schedule. I urge 
immediate approval of this resolution.
  Mr. REED. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to commend the gentleman from Vermont for his 
very effective advocacy for his constituents, and also the gentleman 
from New Hampshire [Mr. Bass] for his very effective advocacy.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GEKAS. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Hampshire [Mr. Bass].
  Mr. BASS. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  I appreciate the opportunity to address the House on this very 
important issue. It may not seem like a big issue to most involved, but 
it certainly is critical to Northumberland, also known as Groveton, NH. 
I am sure my distinguished colleague from Vermont has discussed why 
this bill is so critical.
  I would add at this present time the citizens of Guildhall, VT, the 
town of Guildhall owes Groveton, NH, about $75,000 legitimately, and if 
this legislation does not pass as soon as possible,

[[Page H2341]]

the property taxpayers of Northumberland or Groveton, NH, would be hit 
with an unnecessary increase in their taxes for 1996.
  So I appreciate and thank the distinguished subcommittee chairman for 
moving this bill expeditiously. I am glad to have been able to work 
with my colleague from Vermont. I hope we can move this bill as fast as 
possible.
  Mr. Speaker, first, I would like to thank Chairman Hyde for bringing 
this legislation to the floor so quickly. While identical language 
passed the Senate by voice vote on December 18, 1995, the passage of 
House Joint Resolution 129 is a time-sensitive matter for the towns of 
Northumberland, NH and Guildhall, VT.
  The resolution that Mr. Sanders and I have introduced will ratify a 
longstanding arrangement between these two towns. Northumberland, which 
is commonly referred to as Groveton, has been supplying drinking water 
to Guildhall in at least a limited sense for generations. This 
relationship began with a handfull of Guildhall's residents receiving 
drinking water and has progressed to the current situation in which a 
6-inch water main supplies clean water to the entire town.
  Guildhall currently owes Groveton $75,200 for the up-front costs of 
constructing this water system. Unfortunately, the lack of a resolution 
to ratify the current arrangement has prevented this payment. If this 
payment is not made soon, the residents of Groveton will be forced to 
include this cost in their tax assessments, which will be decided at 
the town meeting this spring.
  The resolution before the House today addresses a noncontroversial, 
technical matter. House Joint Resolution 129 will simply allow the 
payment to be made and the current water supply situation to be 
legitimized. Therefore, I urge my colleagues to pass this resolution 
today.


                             general leave

  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks on 
House Joint Resolution 129, the joint resolution now being considered.
  The SPEAKER pro tempore (Mr. Hutchinson). Is there objection to the 
request of the gentleman from Pennsylvania?
  There was no objection.
  Mr. GEKAS. Mr. Speaker, I have no further requests time for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania [Mr. Gekas] that the House suspend the 
rules and pass the joint resolution, House Joint Resolution 129.
  The question was taken; and (two-thirds having voted in favor 
thereof), the rules were suspended and the joint resolution was passed.
  A motion to reconsider was laid on the table.
  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that the Committee on 
the Judiciary be discharged from further consideration of the Senate 
joint resolution (S.J. Res. 38) granting the consent of Congress to use 
the Vermont-New Hampshire Interstate Public Water Supply Compact, and 
ask for its immediate consideration.
  The Clerk read the title of the Senate joint resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  Mr. REED. Mr. Speaker, reserving the right to object, and I will not 
object, but I yield to the gentleman from Pennsylvania [Mr. Gekas] for 
an explanation of his request.
  Mr. GEKAS. Mr. Speaker, I thank the gentleman for yielding to me.
  Of course, this is simply to further expedite the expeditious way we 
expedited the expedition of Vermont and New Hampshire, and that is to 
allow the Senate resolution to take precedence at this juncture, thus 
moving it directly to the President's desk for final enactment and 
signing into law.
  So it is identical. The House just passed it now. We are doing the 
formality of having the Senate bill actually take precedence, and our 
work has been satisfactorily accomplished.
  Mr. REED. Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  The Clerk read the Senate joint resolution, as follows:

                              S.J. Res. 38

       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 Vermont-New Hampshire 
     Interstate Public Water Supply Compact entered into between 
     the States of Vermont and New Hampshire. The compact reads 
     substantially as follows:

     ``Vermont-New Hampshire Interstate Public Water Supply Compact

                              ``ARTICLE I


                          ``general provisions

       ``(a) Statement of Policy.--It is recognized that in 
     certain cases municipalities in Vermont and New Hampshire 
     may, in order to avoid duplication of cost and effort, and in 
     order to take advantage of economies of scale, find it 
     necessary or advisable to enter into agreements whereby joint 
     public water supply facilities are erected and maintained. 
     The States of Vermont and New Hampshire recognize the value 
     of and need for such agreements, and adopt this compact in 
     order to authorize their establishment.
       ``(b) Requirement of Congressional Approval.--This compact 
     shall not become effective until approved by the United 
     States Congress.
       ``(c) Definitions.--
       ``(1) The term `public water supply facilities' shall mean 
     publicly owned water supply sources, storage, treatment, 
     transmission and distribution facilities, and ancillary 
     facilities regardless of whether or not the same qualify for 
     Federal or State construction grants-in-aid.
       ``(2) The term `municipalities' shall mean cities, towns, 
     village districts, or other incorporated units of local 
     government possessing authority to construct, maintain, and 
     operate public water supply facilities and to raise revenue 
     therefore by bonding and taxation, which may legally impose 
     and collect user charges and impose and enforce regulatory 
     control upon users of public water supply facilities.
       ``(3) The term `water supply agency' shall mean the 
     agencies within Vermont and New Hampshire possessing 
     regulating authority over the construction, maintenance, and 
     operation of public water supply facilities and the 
     administration of grants-in-aid from their respective State 
     for the construction of such facilities.
       ``(4) The term `governing body' shall mean the legislative 
     body of the municipality, including, in the case of a town, 
     the selectmen or town meeting, and, in the case of a city, 
     the city counsel, or the board of mayor and aldermen or any 
     similar body in any community not inconsistent with the 
     intent of this definition.

                              ``ARTICLE II


                 ``procedures and conditions governing

                      intergovernmental agreements

       ``(a) Cooperative Agreements Authorized.--Any two or more 
     municipalities, one or more located in New Hampshire and one 
     or more located in Vermont, may enter into cooperative 
     agreements for the construction, maintenance, and operation 
     of public water supply facilities serving all the 
     municipalities who are parties thereto.
       ``(b) Approval of Agreements.--Any agreement entered into 
     under this compact shall, prior to becoming effective, be 
     approved by the water supply agency of each State, and shall 
     be in a form established jointly by said agencies of both 
     States.
       ``(c) Method of Adopting Agreements.--Agreements shall be 
     adopted by the governing body of each municipality in 
     accordance with statutory procedures for the adoption of 
     interlocal agreements between municipalities within each 
     State; provided, that before a Vermont municipality may enter 
     into such agreement, the proposed agreement shall be approved 
     by the voters.
       ``(d) Review and Approval of Plans.--The water supply 
     agency of the State in which any part of a public water 
     supply facility which is proposed under an agreement pursuant 
     to this compact is proposed to be or is located, is hereby 
     authorized and required, to the extent such authority exists 
     under its State law, to review and approve or disapprove all 
     reports, designs, plans, and other engineering documents 
     required to apply for Federal grants-in-aid or grants-in-aid 
     from said agency's State, and to supervise and regulate the 
     planning, design, construction, maintenance, and operation of 
     said part of the facility.
       ``(e) Federal Grants and Financing.--(1) Application for 
     Federal grants-in-aid for the planning, design, and 
     construction of public water supply facilities other than 
     distribution facilities shall be made jointly by the agreeing 
     municipalities, with the amount of the grant attributable to 
     each State's allotment to be based upon the relative total 
     capacity reserves allocated to the municipalities in the 
     respective States determined jointly by the respective State 
     water supply agencies. Each municipality shall be responsible 
     for applying for Federal and State grants for distribution 
     facilities to be located within the municipal boundaries.
       ``(2) Municipalities are hereby authorized to raise and 
     appropriate revenue for the purpose of contributing pro rata 
     to the planning, design, and construction cost of public 
     water supply facilities constructed and operated as joint 
     facilities pursuant to this compact.
       ``(f) Contents of Agreements.--Agreements entered into 
     pursuant to this compact shall contain at least the 
     following:
       ``(1) A system of charges for users of the joint public 
     water supply facilities.

[[Page H2342]]

       ``(2) A uniform set of standards for users of the joint 
     public water supply facilities.
       ``(3) A provision for the pro rata sharing of operating and 
     maintenance costs based upon the ratio of actual usage as 
     measured by devices installed to gauge such usage with 
     reasonable accuracy.
       ``(4) A provision establishing a procedure for the 
     arbitration and resolution of disputes.
       ``(5) A provision establishing a procedure for the carriage 
     of liability insurance, if such insurance is necessary under 
     the laws of either State.
       ``(6) A provision establishing a procedure for the 
     modification of the agreement.
       ``(7) A provision establishing a procedure for the adoption 
     of regulations for the use, operation, and maintenance of the 
     public water supply facilities.
       ``(8) A provision setting forth the means by which the 
     municipality that does not own the joint public water supply 
     facility will pay the other municipality its share of the 
     maintenance and operating costs of said facility.
       ``(g) Applicability of State Laws.--Cooperative agreements 
     entered into by municipalities under this compact shall be 
     consistent with, and shall not supersede, the laws of the 
     State in which each municipality is located. Notwithstanding 
     any provision of this compact, actions taken by a 
     municipality pursuant to this compact, or pursuant to an 
     agreement entered into under this compact, including the 
     incurring of obligations or the raising and appropriating of 
     revenue, shall be valid only if taken in accordance with the 
     laws of the State in which such municipality is located.


                             ``CONSTRUCTION

       ``Nothing in this compact shall be construed to authorize 
     the establishment of interstate districts, authorities, or 
     any other new governmental or quasi-governmental entity.

                             ``ARTICLE III


                            ``EFFECTIVE DATE

       ``This compact shall become effective when ratified by the 
     States of Vermont and New Hampshire and approved by the 
     United States Congress.''.

     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.

     SEC. 3. CONSTRUCTION AND SEVERABILITY.

       It is intended that the provisions of this compact shall be 
     reasonably and liberally construed to effectuate the purposes 
     thereof. If any part on application of this compact, or 
     legislation enabling the compact, is held invalid, the 
     remainder of the compact or its application to other 
     situations or persons shall not be affected.

     SEC. 4. INCONSISTENCY OF LANGUAGE.

       The validity of this compact shall not be affected by any 
     insubstantial difference in its form or language as adopted 
     by the two States.

  The Senate joint resolution was ordered to be read a third time, was 
read the third time, and passed, and a motion to reconsider was laid on 
the table.
  A similar House joint resolution (H.J. Res. 129) was laid on the 
table.

                          ____________________