[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[House]
[Pages H10207-H10208]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  GRANTING CONSENT OF CONGRESS TO POTOMAC HIGHLANDS AIRPORT AUTHORITY 
                                COMPACT

  Mr. LEACH. Mr. Speaker, I move to suspend the rules and pass the 
Senate joint resolution (S.J. Res. 51) granting the consent of Congress 
to the Potomac Highlands Airport Authority Compact entered into between 
the States of Maryland and West Virginia.
  The Clerk read as follows:

                              S.J. Res. 51

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

     SECTION 1. CONGRESSIONAL CONSENT.

       Congress hereby consents to the Potomac Highlands Airport 
     Authority Compact entered into between the States of Maryland 
     and West Virginia. The compact reads substantially as 
     follows:

             ``Potomac Highlands Airport Authority Compact

     ``SECTION 1. COUNTY COMMISSIONS EMPOWERED TO ENTER INTO 
                   INTERGOVERNMENTAL AGREEMENTS RELATING TO 
                   CUMBERLAND MUNICIPAL AIRPORT.

       ``The county commissions of Mineral County, West Virginia, 
     and of other West Virginia counties contiguous to Mineral 
     County, and the governing bodies of municipal corporations 
     situated in those counties, may enter into intergovernmental 
     agreements with this State, Allegany County, Maryland, other 
     Maryland counties contiguous to Allegany County and 
     Cumberland, Maryland, and other municipal corporations 
     situated in those Maryland counties, and with the Potomac 
     Highlands Airport Authority regarding the operation and use 
     of the Cumberland Municipal Airport situated in Mineral 
     County, West Virginia. The agreements shall be reciprocal in 
     nature and may include, but are not limited to, conditions 
     governing the operation, use, and maintenance of airport 
     facilities, taxation of aircraft owned by Maryland residents 
     and others, and user fees.

     ``SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AUTHORIZED.

       ``The county commissions of Mineral County, West Virginia, 
     and of other West Virginia counties contiguous to Mineral 
     County, and the governing bodies of municipal corporations 
     situated in those counties, or any one or more of them, 
     jointly and severally, may create and establish, with proper 
     governmental units of this State, Allegany County, Maryland, 
     other Maryland counties contiguous to Allegany County, and 
     Cumberland, Maryland, and other municipal corporations 
     situated in those Maryland counties, or any one or more of 
     them, a public agency to be known as the `Potomac Highlands 
     Airport Authority' in the manner and for the purposes set 
     forth in this Compact.

     ``SEC. 3. AUTHORITY A CORPORATION.

       ``When created, the Authority and the members of the 
     Authority shall constitute a public corporation and, as such, 
     shall have perpetual succession, may contract and be 
     contracted with, sue and be sued, and have and use a common 
     seal.

     ``SEC. 4. PURPOSES.

       ``The Authority may acquire, equip, maintain, and operate 
     an airport or landing field and appurtenant facilities in 
     Mineral County, on the Potomac River near Ridgeley, West 
     Virginia, to serve the area in which it is located.

     ``SEC. 5. MEMBERS OF AUTHORITY.

       ``(a) In General.--The management and control of the 
     Potomac Highlands Airport Authority, its property, 
     operations, business, and affairs, shall be lodged in a board 
     of seven or more persons who shall be known as members of the 
     Authority and who shall be appointed for terms of three years 
     each by those counties, municipal corporations, or other 
     governmental units situated in West Virginia and Maryland as 
     contribute to the funds of the Authority, in such proportion 
     between those States and counties, municipal corporations, 
     and units, and in whatever manner, as may from time to time 
     be provided in the bylaws adopted by the Authority.
       ``(b) First Board.--The first board shall be appointed as 
     follows:
       ``(1) The County Commission of Mineral County shall appoint 
     two members for terms of two and three years, respectively.

[[Page H10208]]

       ``(2) The governing official or body of the municipal 
     corporation of Cumberland, Maryland, shall appoint three 
     members for terms of one, two, and three years, respectively.
       ``(3) The governing official or body of Allegany County, 
     Maryland, shall appoint two members for terms of one and two 
     years, respectively.

     ``SEC. 6. POWERS.

       ``The Potomac Highlands Airport Authority has power and 
     authority as follows:
       ``(1) To make and adopt all necessary bylaws, rules, and 
     regulations for its organization and operations not 
     inconsistent with law.
       ``(2) To take all legal actions necessary or desirable in 
     relation to the general operation, governance, capital 
     expansion, management, and protection of the Cumberland 
     Municipal Airport.
       ``(3) To increase the number of members of the Authority, 
     and to set the terms of office and appointment procedures for 
     those additional members.
       ``(4) To elect its own officers, to appoint committees, and 
     to employ and fix the compensation for personnel necessary 
     for its operation.
       ``(5) To enter into contracts with any person, firm, or 
     corporation, and generally to do anything necessary for the 
     purpose of acquiring, equipping, expanding, maintaining, and 
     operating an airport.
       ``(6) To delegate any authority given to it by law to any 
     of its officers, committees, agents, or employees.
       ``(7) To apply for, receive, and use grants in aid, 
     donations, and contributions from any sources.
       ``(8) To take or acquire lands by purchase, holding title 
     to it in its own name.
       ``(9) To purchase, own, hold, sell, and dispose of personal 
     property and to sell and dispose of any real estate which it 
     may have acquired and may determine not to be needed for its 
     purposes.
       ``(10) To borrow money.
       ``(11) To extend its funds in the execution of the powers 
     and authority hereby given.
       ``(12) To take all necessary steps to provide for proper 
     police protection at the airport.
       ``(13) To inventory airplanes and other personal property 
     at the airport and provide the assessor of Mineral County and 
     other proper governmental officials with full particulars in 
     regard to the inventory.

     ``SEC. 7. PARTICIPATION BY WEST VIRGINIA.

       ``(a) Appointment of Members; Contribution to Costs.--The 
     county commissions of Mineral County and of counties 
     contiguous to Mineral County, and the governing bodies of 
     municipal corporations situated in those counties, or any one 
     or more of them, jointly and severally, may appoint members 
     of the Authority and contribute to the cost of acquiring, 
     equipping, maintaining, and operating the airport and 
     appurtenant facilities.
       ``(b) Transfer of Property.--Any of the foregoing county 
     commissions or municipal corporations may transfer and convey 
     to the Authority property of any kind acquired previously by 
     the county commission or municipal corporation for airport 
     purposes.

     ``SEC. 8. FUNDS AND ACCOUNTS.

       ``(a) Contribution and Deposit of Funds.--Contributions may 
     be made to the Authority from time to time by the various 
     bodies contributing to its funds and shall be deposited in 
     whatever bank or banks a majority of the members of the 
     Authority direct and may be withdrawn from them in whatever 
     manner the Authority directs.
       ``(b) Accounts and Reports.--The Authority shall keep 
     strict account of all of its receipts and expenditures and 
     shall make quarterly reports to the public and private bodies 
     contributing to its funds, containing an itemized account of 
     its operations in the preceding quarter. The accounts of the 
     Authority shall be regularly examined by the State Tax 
     Commissioner in the manner required by Article nine, Chapter 
     six of the Code of West Virginia.

     ``SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EXEMPT FROM 
                   TAXATION.

       ``The Authority is exempt from the payment of any taxes or 
     fees to the State of West Virginia or any subdivisions of 
     that State or to any officer or employee of the State or 
     other subdivision of it. The property of the Authority is 
     exempt from all local and municipal taxes. Notes, debentures, 
     and other evidence of indebtedness of the Authority are 
     declared to be issued for a public purpose and to be public 
     instrumentalities, and, together with interest on them, are 
     exempt from taxes.

     ``SEC. 10. SALE OR LEASE OF PROPERTY.

       ``In the event all of the public corporations contributing 
     to the funds of the Authority so determine, the Authority 
     shall make sale of all of its properties and assets and 
     distribute the proceeds of the sale among those contributing 
     to its funds. In the alternative, if such of the supporting 
     corporations contributing a majority of the funds of the 
     Authority so determine, the Authority may lease all of its 
     property and equipment upon whatever terms and conditions the 
     Authority may fix and determine.

     ``SEC. 11. EMPLOYEES TO BE COVERED BY WORKMEN'S COMPENSATION.

       ``All eligible employees of the Authority are considered to 
     be within the Workmen's Compensation Act of West Virginia, 
     and premiums on their compensation shall be paid by the 
     Authority as required by law.

     ``SEC. 12. LIBERAL CONSTRUCTION OF COMPACT.

       ``It is the purpose of this Compact to provide for the 
     maintenance and operation of an airport in a prudent and 
     economical manner, and this Compact shall be liberally 
     construed as giving to the Authority full and complete power 
     reasonably required to give effect to the purposes hereof. 
     The provisions of this Compact are in addition to and not in 
     derogation of any power existing in the county commissions 
     and municipal corporations herein named under any 
     constitutional, statutory, or charter provisions which they 
     or any of them may now have or may hereafter acquire or 
     adopt.''.

     SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

       The right to alter, amend, or repeal this joint resolution 
     is hereby expressly reserved. The consent granted by this 
     joint resolution shall not be construed as impairing or in 
     any manner affecting any right or jurisdiction of the United 
     States in and over the region which forms the subject of the 
     compact.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Iowa (Mr. Leach) and the gentleman from New York (Mr. Nadler) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Iowa (Mr. Leach).
  Mr. LEACH. Mr. Speaker, I yield 5 minutes to the distinguished 
gentleman from New York (Mr. Nadler) to explain the bill.
  (Mr. NADLER asked and was given permission to revise and extend his 
remarks.)
  Mr. NADLER. Mr. Speaker, I rise in support of the motion. This 
legislation would grant the consent of Congress to a compact between 
the States of West Virginia and Maryland to operate the Potomac 
Highlands Airport Authority as required by the Compacts Clause of the 
Constitution.
  According to the testimony received by the Subcommittee on Commercial 
and Administrative Law, this legislation is supported by both States 
and indeed our colleague the gentleman from West Virginia (Mr. 
Mollohan) and the gentleman from Maryland (Mr. Bartlett) appeared 
before the committee as did Senator Sarbanes. The legislation is 
supported by both States and has the bipartisan support of the 
delegations of both States. I am aware of no opposition whatsoever to 
this legislation.
  Congress' approval of this legislation is necessary for the compact 
to become legally effective. If that does not happen, if this 
legislation does not pass, the Airport Authority will be unable to 
borrow funds or engage in other core activities. I urge the adoption of 
this bill.
  Mr. LEACH. Mr. Speaker, quickly in summary, let me just stress that 
this is an important resolution involving two States and it is very 
appropriate for the Congress to put its imprimatur upon it. I would 
urge my colleagues to support this broadly nonpartisan bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, the gentleman from Iowa has explained the 
necessity for this bill cogently. I urge our colleagues to adopt this 
bill.
  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 Iowa (Mr. Leach) that the House suspend the rules and 
pass the Senate joint resolution, S.J. Res. 51.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate joint resolution was 
passed.
  A motion to reconsider was laid on the table.

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