[105th Congress Public Law 348]
[From the U.S. Government Printing Office]


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[DOCID: f:publ348.105]


[[Page 3211]]

               POTOMAC HIGHLANDS AIRPORT AUTHORITY COMPACT

[[Page 112 STAT. 3212]]

Public Law 105-348
105th Congress

                            Joint Resolution


 
   Granting the consent of Congress to the Potomac Highlands Airport 
   Authority Compact entered into between the States of Maryland and 
        West <<NOTE: Nov. 2, 1998 -  [S.J. Res. 51]>>  Virginia.

    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.

[[Page 112 STAT. 3213]]

``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.
            ``(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.

[[Page 112 STAT. 3214]]

            ``(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.

[[Page 112 STAT. 3215]]

``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.

    Approved November 2, 1998.

LEGISLATIVE HISTORY--S.J. Res. 51:
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CONGRESSIONAL RECORD, Vol. 144 (1998):
            July 31, considered and passed Senate.
            Oct. 8, considered and passed House.

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