Congressional Record, Volume 143 Issue 152 (Tuesday, November 4, 1997)

[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9891-H9895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

APALACHICOLA-CHATTAHOOCHEE-FLINT RIVER BASIN COMPACT

Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the
joint resolution (H. J. Res. 91) granting the consent of Congress to
the Apalachicola-Chattahoochee-Flint River Basin Compact, as amended.
The Clerk read as follows:

H.J. Res. 91

Be it enacted 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.

[[Page H9892]]

``(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

[[Page H9893]]

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

[[Page H9894]]

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

[[Page H9895]]

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?

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania [Mr. Gekas] and the gentleman from New York [Mr. Nadler]
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania [Mr. Gekas].

General Leave

Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on the resolution now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume. I
urge adoption of this legislation.
As Members know, the Constitution of the United States requires that
when two or more States are in conflict over certain measures that
affect those States and that they would be susceptible to an agreement
among those States or between those States, that they cannot be
finalized without the approval of the Congress of the United States.
Hence, the States of Alabama, Georgia, and Florida, not able to agree
on water allocation stemming from the Apalachicola, Chattahoochee, and
Flint Rivers in their jurisdictions, turned to the courts and other
negotiating features to try to arrange their differences. They were
unable to do so until very recently when their three respective
legislatures finally agreed and approved of a measure suitable to all
three States.
Because the Constitution requires our intervention, a hearing was
held before our committee on the matter, and this bill provides the
approval of the Congress for the various features of the agreement
reached among Alabama, Georgia, and Florida.
Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
(Mr. NADLER asked and was given permission to revise and extend his
remarks.)
Mr. NADLER. Mr. Speaker, I rise in support of this measure which
passed the Committee on the Judiciary unanimously with the support of
all Members on both sides of the aisle. The chairman of the
subcommittee, the gentleman from Pennsylvania, has done a fine job of
explaining the bill, and I will not attempt to cover the same ground a
second time.
It has the support of the States involved in the compact of their
congressional delegations and of the administration. It protects the
discretion of Federal agencies to enforce the laws they are charged
with enforcing. It is our responsibility under Article I of the
Constitution to grant the consent of Congress to interstate compacts. I
urge my colleagues to do so in this case.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Georgia [Mr. Lewis].
Mr. LEWIS of Georgia. Mr. Speaker, I want to thank my friend and
colleague, the gentleman from New York [Mr. Nadler], for yielding me
this time. I thank the chairman for all of his help and all of his
support, the gentleman from Pennsylvania.
I am here to lend my strong support for these three tri-State water
compacts. It was not easy, but the States of Georgia, Florida, and
Alabama had come together with the Federal Government behind a proposal
that we all can agree on. This legislation will protect the
environment, the water supplies, and the interests of everyone
involved.
A lot of dedicated people spent a lot of time working on this
legislation. I want to thank my colleagues, the gentleman from Georgia
[Mr. Barr] and the gentleman from Georgia [Mr. Gingrich], for their
work on this project. I also want to thank Rob Hood with the Speaker's
office and Bob Herriott with the office of the gentleman from Georgia
[Mr. Barr], Spinner Findley with the Department of Justice, Philip
Mancusi-Ungaro with the EPA, Joe Tanner with the State of Georgia, and
State Representative Bob Kerr, who deserve recognition for their
contribution. In addition, I thank Sally Bethea with the Upper
Chattahoochee River people for her work to ensure that these compacts
adequately protect the environment.
Mr. Speaker, lastly, I thank Harold Reheis, head of the Georgia
Environmental Protection Division. More than any other individual,
Harry Reheis deserves recognition for bringing us to where we are
today. Through his leadership and dedication, we have managed to
resolve all of the differences and overcome all of the problems
confronting this project. So I thank Mr. Reheis for all his work on
this project.
Again, I express my strong support for these compacts and ask my
colleagues for their support.
Mr. EVERETT. Mr. Speaker, I rise in support of H.J. Res. 91, a
resolution providing congressional approval of the interstate compact
between Alabama, Georgia, and Florida. This compact represents many
months of hard work and negotiations between these States on how best
to allocate limited water resources. This compact follows a 1992
agreement which expires at the end of this year; therefore, time is of
essence. I support this water management plan and believe this compact
is crucial to proper water flow and allocation in this region. My State
of Alabama depends heavily on adequate water flow from these rivers to
support the need of navigation, industry, agriculture and households.
Please join me in supporting H.J. Res. 91.
Mr. GEKAS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. NADLER. Mr. Speaker, 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 91, as
amended.
The question was taken.
Mr. NADLER. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.

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