105TH CONGRESS

2D SESSION S. J. RES. 51

JOINT RESOLUTION

Granting the consent of Congress to the Potomac Highlands

Airport Authority Compact entered into between the

States of Maryland and West Virginia.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL CONSENT.

4 Congress hereby consents to the Potomac Highlands

5 Airport Authority Compact entered into between the

6 States of Maryland and West Virginia. The compact reads

7 substantially as follows:

8 ‘‘Potomac Highlands Airport Authority

9 Compact

10 ‘‘SECTION 1. COUNTY COMMISSIONS EMPOWERED TO

11 ENTER INTO INTERGOVERNMENTAL AGREE12 MENTS RELATING TO CUMBERLAND MUNICI13 PAL AIRPORT.

14 ‘‘The county commissions of Mineral County, West

15 Virginia, and of other West Virginia counties contiguous

16 to Mineral County, and the governing bodies of municipal
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1 corporations situated in those counties, may enter into

2 intergovernmental agreements with this State, Allegany

3 County, Maryland, other Maryland counties contiguous to

4 Allegany County and Cumberland, Maryland, and other

5 municipal corporations situated in those Maryland coun6 ties, and with the Potomac Highlands Airport Authority

7 regarding the operation and use of the Cumberland Mu8 nicipal Airport situated in Mineral County, West Virginia.

9 The agreements shall be reciprocal in nature and may in10 clude, but are not limited to, conditions governing the op11 eration, use, and maintenance of airport facilities, taxation

12 of aircraft owned by Maryland residents and others, and

13 user fees.

14 ‘‘SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AU15 THORIZED.

16 ‘‘The county commissions of Mineral County, West

17 Virginia, and of other West Virginia counties contiguous

18 to Mineral County, and the governing bodies of municipal

19 corporations situated in those counties, or any one or more

20 of them, jointly and severally, may create and establish,

21 with proper governmental units of this State, Allegany

22 County, Maryland, other Maryland counties contiguous to

23 Allegany County, and Cumberland, Maryland, and other

24 municipal corporations situated in those Maryland coun25 ties, or any one or more of them, a public agency to be
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1 known as the ‘Potomac Highlands Airport Authority’ in

2 the manner and for the purposes set forth in this Com3 pact.

4 ‘‘SEC. 3. AUTHORITY A CORPORATION.

5 ‘‘When created, the Authority and the members of

6 the Authority shall constitute a public corporation and, as

7 such, shall have perpetual succession, may contract and

8 be contracted with, sue and be sued, and have and use

9 a common seal.

10 ‘‘SEC. 4. PURPOSES.

11 ‘‘The Authority may acquire, equip, maintain, and

12 operate an airport or landing field and appurtenant facili13 ties in Mineral County, on the Potomac River near

14 Ridgeley, West Virginia, to serve the area in which it is

15 located.

16 ‘‘SEC. 5. MEMBERS OF AUTHORITY.

17 ‘‘(a) IN GENERAL.—The management and control of

18 the Potomac Highlands Airport Authority, its property,

19 operations, business, and affairs, shall be lodged in a

20 board of seven or more persons who shall be known as

21 members of the Authority and who shall be appointed for

22 terms of three years each by those counties, municipal cor23 porations, or other governmental units situated in West

24 Virginia and Maryland as contribute to the funds of the

25 Authority, in such proportion between those States and
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1 counties, municipal corporations, and units, and in what2 ever manner, as may from time to time be provided in

3 the bylaws adopted by the Authority.

4 ‘‘(b) FIRST BOARD.—The first board shall be ap5 pointed as follows:

6 ‘‘(1) The County Commission of Mineral Coun7 ty shall appoint two members for terms of two and

8 three years, respectively.

9 ‘‘(2) The governing official or body of the mu10 nicipal corporation of Cumberland, Maryland, shall

11 appoint three members for terms of one, two, and

12 three years, respectively.

13 ‘‘(3) The governing official or body of Allegany

14 County, Maryland, shall appoint two members for

15 terms of one and two years, respectively.

16 ‘‘SEC. 6. POWERS.

17 ‘‘The Potomac Highlands Airport Authority has

18 power and authority as follows:

19 ‘‘(1) To make and adopt all necessary bylaws,

20 rules, and regulations for its organization and oper21 ations not inconsistent with law.

22 ‘‘(2) To take all legal actions necessary or de23 sirable in relation to the general operation, govern24 ance, capital expansion, management, and protection

25 of the Cumberland Municipal Airport.
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1 ‘‘(3) To increase the number of members of the

2 Authority, and to set the terms of office and ap3 pointment procedures for those additional members.

4 ‘‘(4) To elect its own officers, to appoint com5 mittees, and to employ and fix the compensation for

6 personnel necessary for its operation.

7 ‘‘(5) To enter into contracts with any person,

8 firm, or corporation, and generally to do anything

9 necessary for the purpose of acquiring, equipping,

10 expanding, maintaining, and operating an airport.

11 ‘‘(6) To delegate any authority given to it by

12 law to any of its officers, committees, agents, or em13 ployees.

14 ‘‘(7) To apply for, receive, and use grants in

15 aid, donations, and contributions from any sources.

16 ‘‘(8) To take or acquire lands by purchase,

17 holding title to it in its own name.

18 ‘‘(9) To purchase, own, hold, sell, and dispose

19 of personal property and to sell and dispose of any

20 real estate which it may have acquired and may de21 termine not to be needed for its purposes.

22 ‘‘(10) To borrow money.

23 ‘‘(11) To extend its funds in the execution of

24 the powers and authority hereby given.
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1 ‘‘(12) To take all necessary steps to provide for

2 proper police protection at the airport.

3 ‘‘(13) To inventory airplanes and other personal

4 property at the airport and provide the assessor of

5 Mineral County and other proper governmental offi6 cials with full particulars in regard to the inventory.

7 ‘‘SEC. 7. PARTICIPATION BY WEST VIRGINIA.

8 ‘‘(a) APPOINTMENT OF MEMBERS; CONTRIBUTION

9 TO COSTS.—The county commissions of Mineral County

10 and of counties contiguous to Mineral County, and the

11 governing bodies of municipal corporations situated in

12 those counties, or any one or more of them, jointly and

13 severally, may appoint members of the Authority and con14 tribute to the cost of acquiring, equipping, maintaining,

15 and operating the airport and appurtenant facilities.

16 ‘‘(b) TRANSFER OF PROPERTY.—Any of the fore17 going county commissions or municipal corporations may

18 transfer and convey to the Authority property of any kind

19 acquired previously by the county commission or municipal

20 corporation for airport purposes.

21 ‘‘SEC. 8. FUNDS AND ACCOUNTS.

22 ‘‘(a) CONTRIBUTION AND DEPOSIT OF FUNDS.—

23 Contributions may be made to the Authority from time

24 to time by the various bodies contributing to its funds and

25 shall be deposited in whatever bank or banks a majority
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1 of the members of the Authority direct and may be with2 drawn from them in whatever manner the Authority di3 rects.

4 ‘‘(b) ACCOUNTS AND REPORTS.—The Authority shall

5 keep strict account of all of its receipts and expenditures

6 and shall make quarterly reports to the public and private

7 bodies contributing to its funds, containing an itemized

8 account of its operations in the preceding quarter. The

9 accounts of the Authority shall be regularly examined by

10 the State Tax Commissioner in the manner required by

11 Article nine, Chapter six of the Code of West Virginia.

12 ‘‘SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EX13 EMPT FROM TAXATION.

14 ‘‘The Authority is exempt from the payment of any

15 taxes or fees to the State of West Virginia or any subdivi16 sions of that State or to any officer or employee of the

17 State or other subdivision of it. The property of the Au18 thority is exempt from all local and municipal taxes.

19 Notes, debentures, and other evidence of indebtedness of

20 the Authority are declared to be issued for a public pur21 pose and to be public instrumentalities, and, together with

22 interest on them, are exempt from taxes.

23 ‘‘SEC. 10. SALE OR LEASE OF PROPERTY.

24 ‘‘In the event all of the public corporations contribut25 ing to the funds of the Authority so determine, the Au-
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1 thority shall make sale of all of its properties and assets

2 and distribute the proceeds of the sale among those con3 tributing to its funds. In the alternative, if such of the

4 supporting corporations contributing a majority of the

5 funds of the Authority so determine, the Authority may

6 lease all of its property and equipment upon whatever

7 terms and conditions the Authority may fix and determine.

8 ‘‘SEC. 11. EMPLOYEES TO BE COVERED BY WORKMEN’S

9 COMPENSATION.

10 ‘‘All eligible employees of the Authority are consid11 ered to be within the Workmen’s Compensation Act of

12 West Virginia, and premiums on their compensation shall

13 be paid by the Authority as required by law.

14 ‘‘SEC. 12. LIBERAL CONSTRUCTION OF COMPACT.

15 ‘‘It is the purpose of this Compact to provide for the

16 maintenance and operation of an airport in a prudent and

17 economical manner, and this Compact shall be liberally

18 construed as giving to the Authority full and complete

19 power reasonably required to give effect to the purposes

20 hereof. The provisions of this Compact are in addition to

21 and not in derogation of any power existing in the county

22 commissions and municipal corporations herein named

23 under any constitutional, statutory, or charter provisions

24 which they or any of them may now have or may hereafter

25 acquire or adopt.’’.
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1 SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

2 The right to alter, amend, or repeal this joint resolu3 tion is hereby expressly reserved. The consent granted by

4 this joint resolution shall not be construed as impairing

5 or in any manner affecting any right or jurisdiction of the

6 United States in and over the region which forms the sub7 ject of the compact.

Passed the Senate July 31, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. J. RES. 51

JOINT RESOLUTION

Granting the consent of Congress to the Potomac

Virginia.into between the States of Maryland and WestHighlands Airport Authority Compact entered