[House Report 104-376]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-376
_______________________________________________________________________



                      CONSENT OF CONGRESS TO THE
 
HISTORIC CHATTAHOOCHEE COMPACT BETWEEN THE STATES OF ALABAMA AND GEORGIA

                                _______


 November 30, 1995.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

_______________________________________________________________________


 Mr. Hyde, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                        [To accompany H.R. 2064]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2064) to grant the consent of Congress to an 
amendment of the Historic Chattahoochee Compact between the 
States of Alabama and Georgia, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Summary and Purpose

    H.R. 2064 grants congressional consent to changes made by 
the Alabama and Georgia legislatures in 1993 to the Historic 
Chattahoochee Compact between those States to simplify the way 
the compact-established commission appoints board members.

                Background and Need for the Legislation

    Article I, Section 10, Clause 3 of the United States 
Constitution provides that: ``No State shall, without the 
Consent of Congress * * * enter into any Agreement or Compact 
with another State, or with a foreign power * * *.''
    Congressional consent is required for such agreements and 
compacts in order to ascertain whether they work to the 
detriment of another State and to ensure that they do not 
conflict with Federal law or Federal interests.
    In 1978, Congress granted its consent to the original 
compact between the States of Alabama and Georgia which created 
the Historic Chattahoochee Commission (HCC), a bi-State 
heritage and tourism agency serving eleven Georgia and seven 
Alabama counties along the lower Chattahoochee River.
    The original compact provided that the Commission's 28 
board members (14 from each State) shall be appointed ``* * * 
by the historical commission or organization or similar 
historical body or other designated authority in each of the 
counties represented by the Commission who shall be bona fide 
residents and qualified voters of the party states.'' In some 
counties, there are no historical or preservation 
organizations. In other counties, there are two or three 
historical or preservation organizations. The States found this 
nomination process for the commission's board to be unduly 
cumbersome.
    In 1993, both the Alabama Legislature (Act 93-643) and the 
Georgia General Assembly (Act 326) enacted amendments to the 
Historical Chattahoochee Compact to provide for a simpler and 
more workable board selection process. These amendments specify 
that ``The Commission shall consist of 28 members who shall be 
bona fide residents and qualified voters of the party states 
and counties served by the Commission. Election for vacant 
seats shall be by majority vote of the voting members of the 
Commission board at a regularly scheduled meeting.''
    On August 19, 1993, the Alabama Attorney General's office 
rendered an opinion that the HCC ``* * * cannot use the amended 
version of the enabling legislation to select new board members 
until the consent of Congress is given by amending Public Law 
95-462.'' On February 2, 1994, the Georgia Attorney General's 
office issued an opinion that ``* * * the Georgia amendment 
expressly requires that both the Georgia and Alabama amendments 
of the Historic Chattahoochee Compact be approved by Congress 
prior to becoming effective. Without such approval, the 
Commission would have no authority to act under the Georgia or 
Alabama amendment.''

                                Hearings

    The Committee's Subcommittee on Commercial and 
Administrative Law held a hearing on H.R. 2064 on October 19, 
1995. Testimony was received from U.S. Representative Terry 
Everett of Alabama.

                        Committee Consideration

    Following the hearing on October 19, 1995, the Subcommittee 
on Commercial and Administrative Law met in open session and 
ordered H.R. 2064 favorably reported without amendment by voice 
vote, a quorum being present. On October 31, 1995, the 
Committee met in open session and ordered reported the bill 
H.R. 2064 without amendment by voice vote, a quorum being 
present.

                      Committee Oversight Findings

    In compliance with clause 2(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the Committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to H.R. 2064, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 403 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary.
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2064, as ordered reported by the House Committee 
on the Judiciary on October 31, 1995. H.R. 2064 would give 
Congressional consent to an amendment of the Historic 
Chattahoochee Compact between the states of Alabama and 
Georgia. CBO estimates that enacting this legislation would 
result in no cost to the federal government and no direct cost 
to state or local governments.
    The bill would promote the cooperative development of the 
Chattahoochee Valley's potential for historic preservation and 
tourism and would establish a joint interstate authority to 
assist in these efforts. Enacting H.R. 2064 would not affect 
direct spending or receipts. Therefore, pay-as-you-go 
procedures would not apply to this legislation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 
2064 will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

Section 1

    This section grants the consent of Congress to amendments 
to the Historic Chattahoochee Compact between the States of 
Alabama and Georgia which establish a new formula for filling 
vacancies on the board of the Commission created under that 
compact. Currently, under Article III of the Compact, the board 
members are appointed by the ``historical commission or 
organization or similar historical body or other designated 
authority in each of the counties represented by the Commission 
who shall be bona fide residents and qualified voters of the 
party states.'' The amendment consented to in section 1 revises 
Article III to provide that vacancies shall be filled by 
majority vote of the voting \1\ members of the Commission at a 
regularly scheduled meeting, and that in addition to being a 
resident and qualified voter of one of the party states, an 
individual filing a vacant seat must be a resident and 
qualified voter in one of the counties served by the 
Commission.
    \1\ Not all members of the Commission are voting members. Under 
Article III, the Commission may appoint at its discretion ``as many 
advisory members as it deems necessary from any Georgia or Alabama 
County which is located in the Chattahoochee Valley area.'' H.R. 2064 
does not change this provision.
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         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                        ACT OF OCTOBER 14, 1978

 AN ACT Granting the consent of Congress to the Historic Chattahoochee 
           Compact between the States of Alabama and Georgia

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
consent of Congress is given to the Historic Chattahoochee 
Compact between the States of Alabama and Georgia which compact 
reads as follows:

                    ``Historic Chattahoochee Compact

    [``Article I. The purpose of this compact is to promote the 
cooperative development of the Chattahoochee Valley's full 
potential for historic preservation and tourism and to 
establish a joint interstate authority to assist in these 
efforts.
    [``Article II. This compact shall become effective 
immediately as to the States ratifying it whenever the States 
of Alabama and Georgia have ratified it and Congress has given 
consent thereto.
    [``Article III. The States which are parties to this 
compact (hereinafter referred to as `party States') do hereby 
establish and create a joint agency which shall be known as the 
Historic Chattahoochee Commission (hereinafter referred to as 
the `Commission'). The Commission shall consist of twenty-eight 
members who shall be appointed by the historical commission or 
organization or similar historical body or other designated 
authority in each of the counties represented by the Commission 
who shall be bona fide residents and qualified voters of the 
party State. In Alabama, two shall be residents of Barbour 
County, two shall be residents of Russell County, two shall be 
residents of Henry County, two shall be residents of Chambers 
County, two shall be residents of Lee County, two shall be 
residents of Houston County, and two shall be residents of Dale 
County. If there are two historical organizations in any of 
said counties, then one Commission member shall be selected 
from each organization; if there are more than two 
organizations in any such country, then the organization shall 
meet and decide on the designation of members which will 
represent their respective county. In Georgia, one shall be a 
resident of Troup County, one shall be a resident of Harris 
County, one shall be a resident of Muscogee County, one shall 
be a resident of Chattahoochee County, one shall be a resident 
of Stewart County, one shall be a resident of Randolph County, 
one shall be a resident of Clay County, one shall be a resident 
of Quitman County, one shall be a resident of Early County, one 
shall be a resident of Seminole County, and one shall be a 
resident of Decatur County. In addition, these 11 Georgia 
members shall choose three at-large members who shall be 
selected from any three of the Georgia member counties listed 
above. The Commission at its discretion may appoint as many 
advisory members as it deems necessary from any Georgia or 
Alabama county which is located in the Chattahoochee Valley 
area. The contribution of each party State shall be in equal 
amounts. If the party States fail to appropriate equal amounts 
to the Commission during any given fiscal year, voting 
membership on the Commission Board shall be determined as 
follows: The State making the larger appropriation shall be 
entitled to full voting membership. The total number of members 
from the other State shall be divided into the amount of the 
larger appropriation and the resulting quotient shall be 
divided into the amount of the smaller appropriation. The then 
resulting quotient, rounded to the next lowest whole number, 
shall be the number of voting members from the State making the 
smaller contribution. The members of the Commission from the 
State making the larger contribution shall decide which of the 
members from the other State shall serve as voting members, 
based upon the level of tourism, renovation and promotional 
activity, and general support of the Commission's activities by 
and in the county of residence of each of the members of the 
State making the smaller appropriation. Such determination 
shall be made at the next meeting of the Commission following 
September 30th of each year. Members of the Commission shall 
serve for terms of office as follows: Of the fourteen Alabama 
voting members, one from each of said counties shall serve for 
two years and the remaining member of each county shall serve 
for four years. The member appointed by the older organization 
of each county shall serve for the four year term for the 
initial term of this compact. Upon the expiration of the 
original terms of office of Alabama members, all successor 
Alabama voting members shall be appointed for four year terms 
of office, with seven vacancies in the Alabama voting 
membership occurring every two years. Of the fourteen Georgia 
voting members, seven shall serve four year terms and seven two 
year terms for the initial term of this compact. The terms of 
the individual Georgia voting members shall be determined by 
their place in the alphabet by alternating the four and two 
year terms beginning with Chattahoochee County--four years, 
Clay County--two years, Decatur County--four years, etc. Upon 
the expiration of the original terms of office of Georgia 
members, all successor Georgia members shall be appointed for 
four year terms of office, with seven vacancies in the Georgia 
voting membership occurring every two years. Of the three 
Georgia at large Board members, one shall serve a four year 
term and two shall serve two year terms.
    [All board members shall serve until their successors are 
appointed and qualified. Vacancies shall be filled by the 
members of the Commission. The first chairman of the Commission 
created by this compact shall be elected by the Board of 
Directors from among its voting membership. Annually 
thereafter, each succeeding chairman shall be selected by the 
members of the Commission. The chairmanship shall rotate each 
year among the party States in order of their acceptance of 
this compact. Members of the Commission shall serve without 
compensation but shall be entitled to reimbursement for actual 
expenses incurred in the performance of the duties of the 
Commission.]


                              ``article i


  ``The purpose of this compact is to promote the cooperative 
development of the Chattahoochee valley's full potential for 
historic preservation and tourism and to establish a joint 
interstate authority to assist in these efforts.


                              ``article ii


  ``This compact shall become effective immediately as to the 
States ratifying it whenever the States of Alabama and Georgia 
have ratified it and Congress has given consent thereto.


                             ``article iii


  ``The States which are parties to this compact (hereinafter 
referred to as `party States') do hereby establish and create a 
joint agency which shall be known as the Historic Chattahoochee 
Commission (hereinafter referred to as the `Commission'). The 
Commission shall consist of 28 members who shall be bona fide 
residents and qualified voters of the party States and counties 
served by the Commission. Election for vacant seats shall be by 
majority vote of the voting members of the Commission board at 
a regularly scheduled meeting. In Alabama, two shall be 
residents of Barbour County, two shall be residents of Russell 
County, two shall be residents of Henry County, two shall be 
residents of Chambers County, two shall be residents of Lee 
County, two shall be residents of Houston County, and two shall 
be residents of Dale County. In Georgia, one shall be a 
resident of Troup County, one shall be a resident of Harris 
County, one shall be a resident of Muscogee County, one shall 
be a resident of Chattahoochee County, one shall be a resident 
of Stewart County, one shall be a resident of Randolph County, 
one shall be a resident of Clay County, one shall be a resident 
of Quitman County, one shall be a resident of Early County, one 
shall be a resident of Seminole County, and one shall be a 
resident of Decatur County. In addition, there shall be three 
at-large members who shall be selected from any three of the 
Georgia member counties listed above. The Commission at its 
discretion may appoint as many advisory members as it deems 
necessary from any Georgia or Alabama County which is located 
in the Chattahoochee Valley area. The contribution of each 
party State shall be in equal amounts. If the party States fail 
to appropriate equal amounts to the Commission during any given 
fiscal year, voting membership on the Commission board shall be 
determined as follows: The State making the larger 
appropriation shall be entitled to full voting membership. The 
total number of members from the other State shall be divided 
into the amount of the larger appropriation and the resulting 
quotient shall be divided into the amount of the smaller 
appropriation. The then resulting quotient, rounded to the next 
lowest whole number, shall be the number of voting members from 
the State making the smaller contribution. The members of the 
Commission from the State making the larger contribution shall 
decide which of the members from the other State shall serve as 
voting members, based upon the level of tourism, preservation, 
promotional activity, and general support of the Commission's 
activities by and in the county of residence of each of the 
members of the State making the smaller appropriation. Such 
determination shall be made at the next meeting of the 
Commission following September 30 of each year. Members of the 
Commission shall serve for terms of office as follows: Of the 
14 Alabama members, one from each of said counties shall serve 
for two years and the remaining member of each county shall 
serve for four years. Upon the expiration of the original terms 
of office of Alabama members, all successor Alabama members 
shall be appointed for four-year terms of office, with seven 
vacancies in the Alabama membership occurring every two years. 
Of the 14 Georgia members, seven shall serve four-year terms 
and seven two-year terms for the initial term of this compact. 
The terms of the individual Georgia voting members shall be 
determined by their place in the alphabet by alternating the 
four- and two-year terms beginning with Chattahoochee County, 
four years, Clay County, two years, Decatur County, four years, 
etc. Upon the expiration of the original terms of office of 
Georgia members, all successor Georgia members shall be 
appointed for four-year terms of office, with seven vacancies 
in the Georgia membership occurring every two years. Of the 
three Georgia at-large board members, one shall serve a four-
year term and two shall serve two-year terms.
  ``All board members shall serve until their successors are 
appointed and qualified. Vacancies shall be filled by the 
voting members of the Commission. The first chairman of the 
commission created by this compact shall be elected by the 
board of directors from among its voting membership. Annually 
thereafter, each succeeding chairman shall be selected by the 
members of the Commission. The chairmanship shall rotate each 
year among the party States in order of their acceptance of 
this compact. Members of the Commission shall serve without 
compensation but shall be entitled to reimbursement for actual 
expenses incurred in the performance of the duties of the 
Commission.
          * * * * * * *

                                
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