[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.

                          ____________________