[105th Congress Public Law 104]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ104.105]


[[Page 111 STAT. 2219]]

Public Law 105-104
105th Congress

                            Joint Resolution


 
Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint 
     River Basin Compact. <<NOTE: Nov. 20, 1997 -  [H.J. Res. 91]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: State listing.>> 

SECTION 1. CONGRESSIONAL CONSENT.

    The Congress consents to the Apalachicola-Chattahoochee-Flint River 
Basin Compact entered into by the States of Alabama, Florida, and 
Georgia. The Compact is substantially as follows:

         ``Apalachicola-Chattahoochee-Flint River Basin Compact

    ``The States of Alabama, Florida 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 `Apalachicola-
Chattahoochee-Flint River Basin Compact' and shall be referred to 
hereafter in this document as the `ACF Compact' or `Compact'.

    ``ARTICLE I <<NOTE: Apalachicola-Chattahoochee-Flint River Basin 
Compact.>> 

                           ``COMPACT PURPOSES

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

[[Page 111 STAT. 2220]]

                              ``ARTICLE III

                                ``PARTIES

    ``The parties to this Compact are the states of Alabama, Florida 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) `ACF Basin' or `ACF ' means the area of natural drainage into 
the Apalachicola River and its tributaries, the Chattahoochee River and 
its tributaries, and the Flint River and its tributaries. Any reference 
to the rivers within this Compact will be designated using the letters 
`ACF' 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 ACF Basin Commission determines an equitable apportionment 
of surface waters within the ACF Basin among the three 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 `ACF Basin Commission' means the Apalachicola-
Chattahoochee-Flint 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 ACF Basin for any purpose.
    ``(i) `Water resources,' or `waters' means all surface waters and 
ground waters contained or otherwise originating within the ACF 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,

[[Page 111 STAT. 2221]]

Florida and Georgia and by the Congress of the United States of America.

                              ``ARTICLE VI

                     ``ACF BASIN COMMISSION CREATED

    ``(a) There is hereby created an interstate administrative agency to 
be known as the `ACF Basin Commission.' The Commission shall be 
comprised of one member representing the state of Alabama, one member 
representing the state of Florida, 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 ACF 
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) <<NOTE: President.>>  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 ACF. 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 ACF Basin Commission and 
the Commission shall make all decisions and exercise all powers by 
unanimous vote of the three State Commissioners. The Federal 
Commissioner shall not have a vote, but shall attend and participate in 
all meetings of the ACF Basin Commission to the same extent as the State 
Commissioners.
    ``(e) The ACF 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

[[Page 111 STAT. 2222]]

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 ACF 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) <<NOTE: Contracts.>>  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 ACF 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 ACF 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 ACF 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 ACF 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 ACF Basin among the 
        states of Alabama, Florida 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

[[Page 111 STAT. 2223]]

of the ACF Basin among the states while protecting the water quality, 
ecology and biodiversity of the ACF, 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 ACF Basin Commission, including the Federal 
Commissioner, shall have full rights to notice of and participation in 
all meetings of the ACF 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 the ACF 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 ACF 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 ACF Basin that may influence the 
water resources within the ACF 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 ACF 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 ACF 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

[[Page 111 STAT. 2224]]

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 
ACF 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 ACF 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, Florida 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, Florida and Georgia fail to 
        agree on an equitable apportionment of the surface waters of the 
        ACF as provided in Article VII(a) of this Compact by December 
        31, 1998, unless the voting members of the ACF 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 ACF 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.

[[Page 111 STAT. 2225]]

    ``(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 ACF 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 ACF 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 ACF 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 
ACF Basin and water resource facilities in the ACF 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 ACF 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 three states and ratified by the United 
States Congress, this Compact shall have the full force

[[Page 111 STAT. 2226]]

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 ACF 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 two or more 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.

[[Page 111 STAT. 2227]]

            ``(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.
            ``(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:

[[Page 111 STAT. 2228]]

                    ``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 ACF 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.

[[Page 111 STAT. 2229]]

            ``(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.

[[Page 111 STAT. 2230]]

                             ``ARTICLE XVII

                   ``AGREEMENT REGARDING WATER QUALITY

    ``(a) The States of Alabama, Florida, 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, Florida, and Georgia agree to 
cooperate, through their appropriate State agencies, in the 
investigation, abatement, and control of sources of alleged interstate 
pollution within the ACF River Basin whenever such sources are called to 
their attention by the Commission.
    ``(c) The States of Alabama, Florida, and Georgia agree to cooperate 
in maintaining the quality of the waters of the ACF River Basin.
    ``(d) The States of Alabama, Florida, 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 Governors of the other participating states. When all three 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 four Commissioners as their first order of business at their 
first meeting and shall be filed of record in the party states.''.

[[Page 111 STAT. 2231]]

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.

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 
Apalachicola-Chattahoochee-Flint 
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 Apalachicola-
        Chattahoochee-Flint 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--

[[Page 111 STAT. 2232]]

            (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.

    Approved November 20, 1997.

LEGISLATIVE HISTORY--H.J. Res. 91:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-369 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 143 (1997):
            Nov. 4, considered and passed House.
            Nov. 7, considered and passed Senate.

                                  <all>