[House Report 104-706]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-706
_______________________________________________________________________


            GRANTING THE CONSENT OF CONGRESS TO THE COMPACT
 
 BETWEEN GARRETT COUNTY, MARYLAND, AND MINERAL COUNTY, WEST VIRGINIA

                                _______
                                

 July 24, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                      [To accompany H.J. Res 113]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
joint resolution (H.J. Res. 113) granting the consent of 
Congress to the compact to provide for joint natural resource 
management and enforcement of laws and regulations pertaining 
to natural resources and boating at the Jennings Randolph Lake 
Project lying in Garrett County, Maryland, and Mineral County, 
West Virginia, entered into between the States of West Virginia 
and Maryland, having considered the same, report favorably 
thereon without amendment and recommend that the joint 
resolution do pass.

                          summary and purpose

    H.J. Res. 113 grants the consent of the Congress to an 
interstate compact adopted by Maryland and West Virginia 
providing for joint natural resources management and 
enforcement of laws relating to boating and natural resources 
at the Jennings Randolph Lake Project situated in Garrett 
County, Maryland and Mineral County, West Virginia.

                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 determine whether they work to the 
detriment of another state and to ensure that they do not 
conflict with Federal Law or Federal interests.
    The Jennings Randolph Lake Project, authorized by Public 
Law 87-874, was completed in 1982. The lake is approximately 
6.6 miles long, contains a surface area of 952 acres and a 
drainage area of 263 square miles. It is located astride the 
border between Maryland and West Virginia along the North 
Branch of the Potomac River approximately 230 miles upstream 
from the Washington, D.C. area.1 According to testimony 
received by the Subcommittee on Commercial and Administrative 
Law, the project has been successful at correcting mine 
drainage and improving waste treatment of municipal and 
industrial point sources.2
---------------------------------------------------------------------------
    \1\ Testimony of Senator Paul S. Sarbanes at the hearing on H.J. 
Res. 113 before the Subcommittee on Commercial and Administrative Law, 
June 27, 1996.
    \2\ Statement of Hebert M. Sachs, Executive Director, Interstate 
Commission on the Potomac River Basin at the hearing on H.J. Res. 113, 
supra.
---------------------------------------------------------------------------
    However, the creation of the lake obliterated the border 
between the two states and made virtually impossible its 
reestablishment. There are currently five recreational sites at 
the lake and the fishing, boating and other recreational 
opportunities afforded by the lake are drawing an ever 
increasing number of visitors, of which there were some 55,000 
in 1995. Over the past two years, boating use has increased by 
42 percent (from 8,925 to 12,697) and fishing by 14 percent 
(from 6,442 to 7,376).3 The lack of an identifiable 
boundary has raised jurisdictional questions, reportedly making 
enforcement of natural resources and boating laws and 
regulations difficult, a problem which only promises to 
heighten with increased recreational use.
---------------------------------------------------------------------------
    \3\ Testimony of Senator Sarbanes, at the hearing on H.J. Res. 113, 
supra.
---------------------------------------------------------------------------
    Under the compact, the signatory states and the U.S. Army 
Corps of Engineers recognize their joint responsibility for the 
management and enforcement of laws and regulations relating to 
natural resources and boating at the Jennings Randolph Lake 
Project. In recognition of that joint responsibility, the 
compact provides for the concurrent jurisdiction of the 
signatories over the lands and waters in the Project concerning 
natural resources and boating laws and regulations, 
notwithstanding any boundary between Maryland and West Virginia 
that existed prior to the creation of the Jennings Randolph 
Lake. The Maryland legislature adopted the compact in 1993 and 
the West Virginia legislature did so in 1994.

                                hearings

    The Committee's Subcommittee on Commercial and 
Administrative Law held a hearing on H.J. Res. 113, on June 27, 
1996. Testimony was received from Senator Paul Sarbanes; 
Congressmen Alan Mollohan and Roscoe Bartlett; Herbert Sachs, 
Executive Director, Interstate Commission on the Potomac River 
Basin; Lt. Col. Thomas Turner, Deputy Superintendent, Maryland 
Natural Resources Police; and Major William B. Daniel, 
Assistant Chief, Law Enforcement Section, Department of Natural 
Resources, State of West Virginia.

                        committee consideration

    On June 27, 1996, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered reported 
favorably the resolution H.J. Res. 113, without amendment by 
voice vote, a quorum being present. On July 16, 1996, the 
Committee met in an open session and ordered reported favorably 
the resolution H.J. Res. 113, without amendment by a recorded 
vote of 25 yeas to 0 nays, a quorum being present.

                         vote of the committee

        YEAS                          NAYS
Mr. Hyde
Mr. Moorhead
Mr. McCollum
Mr. Gekas
Mr. Coble
Mr. Smith
Mr. Schiff
Mr. Canady
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Conyers
Mrs. Schroeder
Mr. Frank
Mr. Boucher
Mr. Reed
Mr. Nadler
Mr. Scott
Mr. Watt
Mr. Becerra
Ms. Lofgren
Ms. Jackson Lee
Ms. Waters

                      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 the resolution, H.J. Res. 113, 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, July 18, 1996.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.J. Res. 113, as ordered reported by the House 
Committee on the Judiciary on July 16, 1996. CBO estimates that 
enacting this legislation would result in no cost to the 
federal government. Enacting H.J. Res. 113 would not affect 
direct spending or receipts. Therefore, pay-as-you-go 
procedures would not apply to this legislation.
    H.J. Res. 113 would give Congressional consent to the 
Jennings Randolph Lake Project Compact entered into between the 
states of West Virginia and Maryland. This compact would 
provide for joint natural resource management and enforcement 
of laws and relations pertaining to natural resources and 
boating at the Jennings Randolph Lake Project in Garrett 
County, Maryland, and Mineral County, West Virginia.
    The resolution contains no private-sector or 
intergovernmental mandates as defined in Public Law 104-4 and 
would have no impact on the budgets of state, local, or tribal 
governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            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.J. 
Res. 113 will have no significant inflationary impact on prices 
and costs in the national economy.

                      section-by-section analysis

Section 1. Congressional consent

    Section 1 provides consent of Congress to the Jennings 
Randolph Lake Project Compact between West Virginia and 
Maryland. The text of the compact is set out in the section. 
The compact begins with a preamble which states the basis for 
the compact and sets forth the desire of the signatories to 
enter into it. It states the agreement of the two states with 
the concurrence of the U.S. Army Corps of Engineers to the 
compact.

Article I. Name, findings, and purpose

    Article I of the compact states its name and the public 
purpose underlying it. It also describes the purposes of the 
compact to be that the parties thereto have and exercise 
concurrent jurisdiction over the Jennings Randolph Lake Project 
concerning natural resources and boating laws and regulation, 
notwithstanding any preexisting state boundary.

Article II. District responsibilities

    Article II of the compact describes the responsibilities of 
the U.S. Army Corps of Engineers (Baltimore District). Under 
this article, the Corps of Engineers acknowledges the 
authorities and responsibilities of the Maryland and West 
Virginia Departments of Natural Resources (DNRs) in the 
establishment, administration and enforcement of natural 
resource laws and regulations applicable to the Project, 
provided that the laws and regulations promulgated by the 
states support and implement the intent of Corps of Engineers'' 
regulations governing the project's public use.
    The Corps of Engineers agrees to consult with the DNRs of 
the two states prior to the issuance of permits for special 
events and requires all permits to require the permittee to 
comply with all state laws and regulations. In addition, the 
Corps of Engineers agrees to consult with the state DNRs 
regarding recommendations for regulations affecting natural 
resources at the project which it believes desirable for public 
safety, administration for public use and enjoyment.
    The Corps of Engineers agrees to consult with the states' 
DNRs with respect to the marking of the lake with buoys, aids 
to navigation and regulatory markers. The Corps agrees to 
provide, install and maintain these items. The Corps agrees to 
allow hunting, fishing, boating and trapping in the project and 
to provide, install and maintain public ramps, parking areas, 
docks and other amenities.
    The Corps of Engineers agrees to provide prior notice of 
reservoir drawdowns to the states' DNRs except for drawdowns to 
establish normal lake levels after flood control operations and 
those resulting from routine water control management 
operations.

Article III. State responsibilities

    Article III describes the responsibilities of Maryland and 
West Virginia under the compact. Each state agrees that it will 
have and exercise concurrent jurisdiction with the other and 
with the Corps of Engineers for the purpose of enforcing the 
civil and criminal laws of the respective states relating to 
natural resources and boating laws and regulations over the 
project. Each state agrees to enforce the natural resources and 
boating laws and regulations relating to the project and to 
provide training to employees from the Corps of Engineers to 
familiarize them with natural resources and boating laws and 
regulations as they relate to the project. Each agrees to 
inform the project manager of any emergencies or unusual 
activities occurring on the project and to supply the Corps of 
Engineers with the contact person for notifications of 
drawdowns from the lake.
    The states agree that the existing natural resources and 
boating laws and regulations already in effect in each state 
shall remain in force on the project until either state amends, 
modifies or rescinds its laws and regulations.
    Under the article, the states recognize the right and 
responsibility of the Corps of Engineers and other federal 
agencies to enforce within the project boundaries all Federal 
laws, rules, and regulations so as to provide safe and 
healthful recreational opportunities for the public and to 
provide for the protection of all Federal property in the 
project.

Article IV. Mutual cooperation

    Article IV provides that the states and the Corps of 
Engineers pledge the mutual cooperation of representatives of 
their natural resources management and enforcement agencies to 
further the purposes of the compact. Such cooperation is to 
include, but is not limited to: (1) an annual meeting, with 
other meetings as necessary, for discussion of the management 
of natural resources in the project; (2) evaluating natural 
resources and boating and developing and implementing 
management plans and programs; (3) encouraging joint public 
information efforts and the free interchange between the 
parties of all relevant agency policies and objectives relating 
to the natural resources of the project; and (4) entering into 
working arrangements, as necessary, for the use of the 
project's lands and waters, and the construction and use of 
buildings and other facilities at the project.

Article V. General provisions

    Article V provides that all provisions of the compact are 
deemed subject to the laws of the two states and the United 
States, and the enforcement and applicability of natural 
resources and boating laws and regulations covered by the 
compact are limited to the lands and waters of the project. The 
article also provides that the compact shall not be construed 
to obligate any party to expenditures in excess of lawfully 
authorized appropriations. Furthermore, the provisions of the 
compact are to be severable for purposes of constitutional 
interpretation and the provisions of the compact are to be 
reasonably and liberally construed to effectuate the compact's 
purposes.
    The article also sets forth the procedures for making the 
compact effective and operative, for amending the compact and 
for withdrawing from it.

Section 2

    Section 2 reserves to the Congress the right to alter, 
amend or repeal the Resolution. The consent granted by the 
Resolution is not to be construed as impairing or in any manner 
affecting any right or jurisdiction of the United States in and 
over the project.

                                
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