[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
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\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.
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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.
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\3\ Testimony of Senator Sarbanes, at the hearing on H.J. Res. 113,
supra.
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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.