[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[House]
[Pages H9895-H9900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              ALABAMA-COOSA-TALLAPOOSA RIVER BASIN COMPACT

  Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the 
joint resolution (H.J. Res. 92) granting the consent of Congress to the 
Alabama-Coosa-Tallapoosa River Basin Compact, as amended.
  The Clerk read as follows:

                              H.J. Res. 92

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

     SECTION 1. CONGRESSIONAL CONSENT.

       The Congress consents to the Alabama-Coosa-Tallapoosa River 
     Basin Compact entered into by the States of Alabama and 
     Georgia. The compact is substantially as follows:

             ``Alabama-Coosa-Tallapoosa River Basin Compact

       ``The States of Alabama 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 `Alabama-
     Coosa-Tallapoosa River Basin

[[Page H9896]]

     Compact' and shall be referred to hereafter in this document 
     as the `ACT Compact' or `Compact'.

                              ``ARTICLE I

                           ``COMPACT PURPOSES

       ``This Compact among the States of Alabama 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 ACT, 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 ACT in the states of Alabama 
     and Georgia.

                             ``ARTICLE III

                               ``PARTIES

       ``The parties to this Compact are the states of Alabama 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) `ACT Basin' or `ACT' means the area of natural 
     drainage into the Alabama River and its tributaries, the 
     Coosa River and its tributaries, and the Tallapoosa River and 
     its tributaries. Any reference to the rivers within this 
     Compact will be designated using the letters `ACT' 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 ACT Basin Commission determines 
     an equitable apportionment of surface waters within the ACT 
     Basin among the two 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 `ACT Basin Commission' means the 
     Alabama-Coosa-Tallapoosa River Basin Commission created and 
     established pursuant to this Compact.
       ``(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 ACT 
     Basin for any purpose.
       ``(i) `Water resources,' or `waters' means all surface 
     waters and ground waters contained or otherwise originating 
     within the ACT 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 and Georgia and by the Congress of the United 
     States of America.

                              ``ARTICLE VI

                     ``ACT BASIN COMMISSION CREATED

       ``(a) There is hereby created an interstate administrative 
     agency to be known as the `ACT Basin Commission.' The 
     Commission shall be comprised of one member representing the 
     State of Alabama, 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 ACT 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 ACT. 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 ACT Basin 
     Commission and the Commission shall make all decisions and 
     exercise all powers by unanimous vote of the two State 
     Commissioners. The Federal Commissioner shall not have a vote 
     but shall attend and participate in all meetings of the ACT 
     Basin Commission to the same extent as the State 
     Commissioners.
       ``(e) The ACT 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 ACT 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 ACT 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 ACT 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 ACT 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 ACT 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 ACT Basin among the 
     states of Alabama 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 ACT Basin among the states while 
     protecting the water quality, ecology and biodiversity of the 
     ACT, 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 ACT Basin 
     Commission, including the Federal Commissioner, shall have 
     full rights to notice of and participation in all meetings of 
     the ACT 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

[[Page H9897]]

     the ACT 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 ACT 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 ACT Basin that 
     may influence the water resources within the ACT 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 ACT 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 
     ACT 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 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 ACT 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 ACT 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 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 and Georgia fail to agree on an 
     equitable apportionment of the surface waters of the ACT as 
     provided in Article VII(a) of this Compact by December 31, 
     1998, unless the voting members of the ACT 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 ACT 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 ACT 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 ACT 
     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 ACT 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 ACT Basin and 
     water resource facilities in the ACT 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 ACT 
     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 two 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 
     ACT 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 the 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.

[[Page H9898]]

       ``(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 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 ACT 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 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 and Georgia agree to cooperate, 
     through their appropriate State agencies, in the 
     investigation, abatement, and control of sources of alleged 
     interstate pollution within the ACT River Basin whenever such 
     sources are called to their attention by the Commission.
       ``(c) The States of Alabama and Georgia agree to cooperate 
     in maintaining the quality of the waters of the ACT River 
     Basin.
       ``(d) The States of Alabama 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 Governor of the other participating 
     state. When the two 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 
     three 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.

[[Page H9899]]

     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 
     Alabama-Coosa-Tallapoosa 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 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 
     Alabama-Coosa-Tallapoosa 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].

                              {time}  1415


                             General Leave

  Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks on the 
resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania [Mr. Gekas]?
  There was no objection.
  Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, just as we outlined in the previous matter, the 
Constitution provides that two or more States entering into agreements 
cannot finalize those agreements without the consent of the Congress. A 
similar situation has arisen in the States of Alabama and Georgia with 
respect to certain rights that they each claim and benefits that each 
would derive from an agreement. And, therefore, the two States finally 
entered into an agreement concerning the Alabama Coosa-Tallapoosa River 
Basin Commission. They developed a formula with which they can all live 
comfortably, and they come to the Congress for approval of the compact. 
Hence, our posture here today.
  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, like the last measure that we just debated a 
few moments ago, this measure, which passed the Committee on the 
Judiciary unanimously, has the support of all the Members on both sides 
of the aisle on that committee. Again, the chairman has done a fine job 
of explaining it, and I am not going to repeat it.
  Again, this bill has support of both States involved in the compact, 
of their entire congressional delegations of both parties, and of the 
administration. It protects the discretion of the Federal agencies to 
enforce the Federal laws that they have to enforce. And, therefore, 
there is no reason we should not grant our approval under article 1 to 
the two States' interstate compact.
  I support this legislation. I urge my colleagues to do so.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEKAS. Mr. Speaker, I have no speakers on our side of the aisle, 
and I yield back the balance of my time.
  Mr. SHUSTER. Mr. Speaker, as chairman of the Transportation and 
Infrastructure Committee, I rise to address provisions in House Joint 
Resolution 91, a joint resolution granting the consent of Congress to 
the Apalachicola-Chattahoochee-Flint River basin compact and House 
Joint Resolution 92, a joint resolution granting the consent of 
Congress to the Alabama-Coosa-Tallapoosa River basin compact.
  I commend the Speaker, members of the Judiciary Committee, and 
Representatives of the States of Alabama, Florida, and Georgia and the 
Federal agencies involved. These two resolutions, and the underlying 
compacts, have a long history of conflict and cooperation. I understand 
the final text before us is the result of much compromise.
  Because of its jurisdiction over the U.S. Army Corps of Engineers' 
water resources program, as well as the Clean Water Act, the 
Transportation and Infrastructure Committee has a significant interest 
in the joint resolutions, the interstate compacts and the development 
and implementation of the allocation formulas. In fact, in 1988 the 
committee's Subcommittee on Water Resources held hearings in Georgia 
and Florida on the water allocation issues these compacts are 
attempting to solve.
  Perhaps at the heart of this debate among three States and two river 
basins is the management of Federal reservoirs. For example, proposed 
reallocation of storage water from corps' reservoirs in Georgia 
prompted litigation in 1990 which also lead in part to a memorandum of 
agreement among the States in 1992.
  Today, and certainly into the future, the Corps of Engineers will be 
a critical player in determining the success of the compacts and their 
resulting water allocation formulas. It is my understanding the 
Judiciary Committee amended the introduced joint resolutions 
specifically to address outstanding concerns of the Corps of Engineers 
and the Department of Justice. One of the amendments is intended to 
preserve Federal discretion to comply with and enforce other 
congressional directives and authorities--such as project authorities 
contained in water resources development acts.
  I recognize there is a delicate balance between Federal and State 
rights and responsibilities regarding water allocations in the two 
basin compacts. I expect our committee will be in a position to oversee 
and investigate the implementation of House Joint Resolution 91 and 
House Joint Resolution 92, particularly the efforts of Federal agencies 
to respect that delicate balance as we turn our attention to a water 
resources development act of 1998 and to future hearings and bills 
involving the Corps of Engineers.
  Mr. Speaker, I commend you for your leadership on these joint 
resolutions and look forward to working with you and others on their 
implementation.
  Mr. CALLAHAN. Mr. Speaker, I rise today to speak briefly in support 
of House Joint Resolution 92, a joint resolution endorsing the Alabama-
Coosa-Tallapoosa [ACT] River Basin Compact and House Joint Resolution 
91, a bill to implement the Apalachicola-Chattahoochee-Flint [ACF] 
River Basin Compact. The rivers of the ACT and ACF basins originate in 
northern Georgia and terminate in Mobile Bay in my congressional 
district in southern Alabama and Florida respectively. In recent years, 
the areas along these waterways have continued to grow, adding demands 
on the water systems from increased drinking water needs, flood control 
projects, hydropower and navigational demands, fish and wildlife 
conservation, and recreation.
  In an effort to ensure a fair system for allocating the supply of 
water in both Georgia, Florida, and Alabama, the three States have 
entered into agreements between themselves and the Federal Government 
to provide a framework for the future determination of allocation 
formulas which meet the various demands placed on these systems. These 
joint

[[Page H9900]]

resolutions are necessary to give congressional consent to the States' 
compacts.
  I would like to take a moment to commend the offices of Gov. Fob 
James of Alabama, Gov. Zell Miller of Georgia, and Gov. Lawton Chiles 
of Florida for their dedication to resolving outstanding issues between 
the States and the appropriate Federal agencies. I would also like to 
thank Alabama's chief negotiator during these deliberations, Walter 
Stevenson of the Alabama Department of Economic and Community Affairs.
  I would like to remind my colleagues, as the sponsor of House Joint 
Resolution 92 and a cosponsor of House Joint Resolution 91, these bills 
have strong support from the States and near unanimous support from the 
congressional delegations of Georgia, Florida, and Alabama. House Joint 
Resolution 91 and House Joint Resolution 92 represent a tremendous step 
forward in establishing a process to fairly allocate the waters of the 
ACT and ACF basins between the States of Georgia and Alabama. This 
legislation, and the cooperative Federal-State negotiations upon which 
they are based, should be seen as a model for all similar conflict 
resolutions.
  I thank the Speaker for yielding me this time and encourage all my 
colleagues to support this legislation.
  Mr. BARR. Mr. Speaker, I want to begin by thanking Mr. Hyde and Mr. 
Gekas of the Judiciary Committee and their staff for diligently working 
with me to bring this legislation to the floor. I would also like to 
commend the Governors and legislators of the three States involved--
Georgia, Alabama, and Florida--as well as the Clinton administration, 
for tirelessly working to find the appropriate middle ground that has 
allowed us to move forward with this Federal enacting legislation.
  I would like to make a brief statement about the importance of these 
two pieces of legislation, House Joint Resolutions 91 and 92. Although 
the language in House Joint Resolution 91 and House Joint Resolution 92 
does not set forth the actual water allocations, these bills are vital 
to the water flow in this tristate region. House Joint Resolutions 91 
and 92 will simply lay out the process by which the States, with the 
approval of the administration, will negotiate the final water 
allocation formulas.
  Without the timely passage of these bills, many months of hard 
negotiations between the States and administration, and the legislative 
efforts of three States and their Governors would have been lost. It is 
important to point out that without Federal action by the end of the 
current year the legislation before us would have been void, and with 
so few legislative days remaining in this session I am glad to see this 
legislation pass the House.
  Again, all the parties involved are in agreement with the legislation 
and ready to move forward. It is my hope that Congress will now lend 
its approval to these proposals and pass House Joint Resolutions 91 and 
92.
  Mr. EVERETT. Mr. Speaker, I rise in support of House Joint Resolution 
92, a resolution to provide congressional approval of the interstate 
compact between Alabama and Georgia. Both of these States have worked 
hard in arriving at a water resource sharing solution that benefits 
each State. This resolution simply endorses this agreement.
  The combined partnership will enhance water quality, deliver water 
allocations in a responsible manner, and promote interstate commerce. 
It has always been my belief that locally derived solutions and 
cooperation regarding the allocation of valuable resources, such as the 
Alabama-Coosa-Tallapoosa River, makes far better sense than a solution 
derived in Washington. I support House Joint Resolution 92 and 
encourage my colleagues to do the same.
  Mr. NADLER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore [Mr. Packard]. 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 
92, 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.

                          ____________________