[House Report 105-389]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-389
_______________________________________________________________________


 
   GRANTING THE CONSENT OF CONGRESS TO THE CHICKASAW TRAIL ECONOMIC 
                          DEVELOPMENT COMPACT

_______________________________________________________________________


  November 7, 1997.--Referred to the House Calendar 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. 95]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
joint resolution (H.J. Res. 95) granting the consent of 
Congress to the Chickasaw Trail Economic Development Compact, 
having considered the same, reports favorably thereon without 
amendment and recommends that the joint resolution do pass.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
Purpose and Summary........................................           2
Background and Need for the Legislation....................           2
Hearings...................................................           2
Committee Consideration....................................           3
Vote of the Committee......................................           3
Committee Oversight Findings...............................           3
Committee on Government Reform and Oversight Findings......           3
New Budget Authority and Tax Expenditures..................           3
Congressional Budget Office Cost Estimate..................           3
Constitutional Authority Statement.........................           4
Section-by-Section Analysis and Discussion.................           4
Agency Views...............................................           5

                          Purpose and Summary

    H.J. Res. 95 grants the consent of Congress to the 
Chickasaw Trail Economic Development Compact entered into 
between the State of Tennessee and the State of Mississippi. 
The Compact seeks to promote economic development in a rural 
area near Memphis, Tennessee that includes portions of Fayette 
County, Tennessee and Marshall County, Mississippi. It creates 
an Authority whose task it will be to conduct studies and 
surveys of the problems, benefits, and others matters 
associated with the development of the of the area described in 
the compact, and to report thereon. It is anticipated that, 
upon a favorable report by the authority, the States would 
negotiate a new compact to provide for establishment of a 4,000 
to 5,000 acre industrial park.

                Background and Need for the Legislation

    Article I, Section 10, clause 3 of the United States 
Constitution provides that ``[n]o State shall, without the 
Consent of Congress, . . . enter into any Agreement or Compact 
with another State, or with a foreign Power . . .'' Congress' 
consent is required in order to prevent inter-State agreements 
and compacts from harming non-party States or conflicting with 
federal law or federal interests.
    In 1992, the Marshall County Industrial Development 
Authority recognized the need to develop a large regional 
industrial park in the northern part of the county. The idea of 
a two-State industrial park materialized when a large tract of 
relatively uninhabited land, owned by only a few individuals, 
was identified on both sides of the Mississippi-Tennessee 
border. Located adjacent to the Memphis metropolitan area, this 
region is traversed by three major thoroughfares. Verbal 
agreement of the landowners to participate in a public-private 
partnership and the support of local and State officials for 
the concept helped to promote the project, which was endorsed 
in 1995 by Tennessee Governor Don Sundquist and Mississippi 
Governor Kirk Fordice.
    In 1996, the Tennessee and Mississippi State Legislatures 
passed enabling legislation creating the Chickasaw Trail 
Economic Development Compact, subject to Congressional 
approval, and they set up a board of directors for its 
development.
    The industrial park envisioned by the Compact is located 
adjacent to the metropolitan Memphis area which is in need of 
available land for future industrial growth. The rural nature 
of the tract, plus its current and planned accessibility, make 
it advantageous for a planned park providing jobs for residents 
of both states.

                                Hearings

    The Committee's Subcommittee on Commercial and 
Administrative Law held a hearing on H.J. Res. 95 on Thursday, 
October 23, 1997. Testimony was received from Representative Ed 
Bryant (TN), Representative Roger F. Wicker (MS), and Michael 
Thornton, Project Director, Chickasaw Trail Economic 
Development Compact.

                        Committee Consideration

    On October 23, 1997, the Subcommittee on Commercial and 
Administrative Law met in open session and ordered reported the 
bill H.J. Res. 95 by voice vote, a quorum being present. On 
October 29, 1997, the Committee met in open session and ordered 
reported favorably the bill H.J. Res. 95, without amendment, by 
voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were taken.

                      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)(3)(C) of rule XI of the 
Rules of the House of Representatives, the Committee sets 
forth, with respect to the resolution, H.J. Res. 95, 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, October 30, 1997.
Hon. Henry J. Hyde, Chairman
Committee on the Judiciary
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.J. Res. 95, a joint 
resolution granting the consent of Congress to the Chickasaw 
Trail Economic Development Compact.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman, who can be reached at 226-2860.
            Sincerely,

                                           June E. O'Neill, Director.  
    Enclosure.

    cc: Hon. John Conyers, Jr.,
         Ranking Minority Member

H.J. Res. 95--A joint resolution granting consent of Congress 
        to the Chickasaw Trail Economic Development Compact

    CBO estimates that enacting H.J. Res. 95 would result in no 
cost to the federal government. Because enactment of H.J. Res. 
95 would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. The resolution contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act of 1995 and any costs resulting 
from amendments to the compact would be borne voluntarily by 
the affected states.
    H.J. Res. 95 would give Congressional consent to the 
Chickasaw Trail Economic Development Compact entered into 
between the states of Tennessee and Mississippi. This compact 
would establish a joint agency to facilitate economic growth in 
a rural area near Marshall County, Mississippi and Fayette 
County, Tennessee.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman, who can be reached at 226-2860. This estimate was 
approved by Robert A. Sunshine, Deputy Assistant Director for 
Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(l)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8 and Article I, section 
10, clause 3 of the Constitution.

               Section-by-Section Analysis and Discussion

    Sec. 1. The first portion of the joint resolution grants 
the consent of Congress to the Chickasaw Trail Economic 
Development Compact entered into by the State of Tennessee and 
the State of Mississippi. It sets forth the compact 
substantially as passed by the respective states.\1\ The 
Compact contains six articles.
---------------------------------------------------------------------------
    \1\ See Tenn. Code Ann. Sec. 13-2-301 (1997); Miss. Code Ann. 
Sec. 57-36-1 (1997).
---------------------------------------------------------------------------
    Article I states the purpose of the Compact, which is to 
create a development authority to facilitate economic growth in 
Fayette County, Tennessee and Marshall County, Mississippi.
    Article II makes the Compact effective once passed by the 
legislatures of both States and consented to by Congress.
    Article III establishes the Chickasaw Trail Economic 
Development Authority and sets out its membership, terms of 
service, responsibilities, powers, and other elements of the 
structure and functions of the Authority.
    Article IV provides for appointment by the Authority of a 
secretary to be the compact administrator and it sets out 
details regarding that office and its functions.
    Article V makes clear that the Compact has no effect on 
existing law, on the powers of any party or State, on other 
economic development projects, or on existing or future 
arrangements or relationships between any federal agencies and 
States.
    Article VI sets out the duration of the Compact and makes 
provision for withdrawal from, and termination of, the Compact.
    Sec. 2. Inconsistency of Language. Section 2 states that 
the validity of the Compact, and Congress' consent to it, shall 
not be affected by insubstantial differences between the 
versions of the Compact adopted by the States or set out in the 
resolution. Insubstantial differences are those differences 
that do not affect the meaning of the sentences in which they 
appear.
    Sec. 3. Right to Alter, Amend, or Repeal. Section 3 
reserves the right of Congress to alter, amend, or repeal its 
consent to the Compact.

                              Agency Views

    No agency views were received on H.J. Res. 95.

                                 
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