II

105TH CONGRESS

2D SESSION S. J. RES. 51

Granting the consent of Congress to the Potomac Highlands Airport Authority

Compact entered into between the States of Maryland and West Virginia.

IN THE SENATE OF THE UNITED STATES

JUNE 10, 1998

Mr. SARBANES (for himself, Mr. BYRD, Mr. ROCKEFELLER, and Ms. MIKULSKI) introduced the following joint resolution; which was read twice and

referred to the Committee on the Judiciary

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:
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1 ‘‘Potomac Highlands Airport Authority

2 Compact

3 ‘‘SECTION 1. COUNTY COMMISSIONS EMPOWERED TO

4 ENTER INTO INTERGOVERNMENTAL AGREE5 MENTS RELATING TO CUMBERLAND MUNICI6 PAL AIRPORT.

7 ‘‘The county commissions of Mineral County, West

8 Virginia, and of other West Virginia counties contiguous

9 to Mineral County, and the governing bodies of municipal

10 corporations situated in those counties, may enter into

11 intergovernmental agreements with this State, Allegany

12 County, Maryland, other Maryland counties contiguous to

13 Allegany County and Cumberland, Maryland, and other

14 municipal corporations situated in those Maryland coun15 ties, and with the Potomac Highlands Airport Authority

16 regarding the operation and use of the Cumberland Mu17 nicipal Airport situated in Mineral County, West Virginia.

18 The agreements shall be reciprocal in nature and may in19 clude, but are not limited to, conditions governing the op20 eration, use, and maintenance of airport facilities, taxation

21 of aircraft owned by Maryland residents and others, and

22 user fees.
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1 ‘‘SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AU2 THORIZED.

3 ‘‘The county commissions of Mineral County, West

4 Virginia, and of other West Virginia counties contiguous

5 to Mineral County, and the governing bodies of municipal

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

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

8 with proper governmental units of this State, Allegany

9 County, Maryland, other Maryland counties contiguous to

10 Allegany County, and Cumberland, Maryland, and other

11 municipal corporations situated in those Maryland coun12 ties, or any one or more of them, a public agency to be

13 known as the ‘Potomac Highlands Airport Authority’ in

14 the manner and for the purposes set forth in this Com15 pact.

16 ‘‘SEC. 3. AUTHORITY A CORPORATION.

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

18 the Authority shall constitute a public corporation and, as

19 such, shall have perpetual succession, may contract and

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

21 a common seal.

22 ‘‘SEC. 4. PURPOSES.

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

24 operate an airport or landing field and appurtenant facili25 ties in Mineral County, on the Potomac River near
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1 Ridgeley, West Virginia, to serve the area in which it is

2 located.

3 ‘‘SEC. 5. MEMBERS OF AUTHORITY.

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

5 the Potomac Highlands Airport Authority, its property,

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

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

8 members of the Authority and who shall be appointed for

9 terms of three years each by those counties, municipal cor10 porations, or other governmental units situated in West

11 Virginia and Maryland as contribute to the funds of the

12 Authority, in such proportion between those States and

13 counties, municipal corporations, and units, and in what14 ever manner, as may from time to time be provided in

15 the bylaws adopted by the Authority.

16 ‘‘(b) FIRST BOARD.—The first board shall be ap17 pointed as follows:

18 ‘‘(1) The County Commission of Mineral Coun19 ty shall appoint two members for terms of two and

20 three years, respectively.

21 ‘‘(2) The governing official or body of the mu22 nicipal corporation of Cumberland, Maryland, shall

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

24 three years, respectively.
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1 ‘‘(3) The governing official or body of Allegany

2 County, Maryland, shall appoint two members for

3 terms of one and two years, respectively.

4 ‘‘SEC. 6. POWERS.

5 ‘‘The Potomac Highlands Airport Authority has

6 power and authority as follows:

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

8 rules, and regulations for its organization and oper9 ations not inconsistent with law.

10 ‘‘(2) To take all legal actions necessary or de11 sirable in relation to the general operation, govern12 ance, capital expansion, management, and protection

13 of the Cumberland Municipal Airport.

14 ‘‘(3) To increase the number of members of the

15 Authority, and to set the terms of office and ap16 pointment procedures for those additional members.

17 ‘‘(4) To elect its own officers, to appoint com18 mittees, and to employ and fix the compensation for

19 personnel necessary for its operation.

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

21 firm, or corporation, and generally to do anything

22 necessary for the purpose of acquiring, equipping,

23 expanding, maintaining, and operating an airport.
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1 ‘‘(6) To delegate any authority given to it by

2 law to any of its officers, committees, agents, or em3 ployees.

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

5 aid, donations, and contributions from any sources.

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

7 holding title to it in its own name.

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

9 of personal property and to sell and dispose of any

10 real estate which it may have acquired and may de11 termine not to be needed for its purposes.

12 ‘‘(10) To borrow money.

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

14 the powers and authority hereby given.

15 ‘‘(12) To take all necessary steps to provide for

16 proper police protection at the airport.

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

18 property at the airport and provide the assessor of

19 Mineral County and other proper governmental offi20 cials with full particulars in regard to the inventory.

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

22 ‘‘(a) APPOINTMENT OF MEMBERS; CONTRIBUTION

23 TO COSTS.—The county commissions of Mineral County

24 and of counties contiguous to Mineral County, and the

25 governing bodies of municipal corporations situated in
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1 those counties, or any one or more of them, jointly and

2 severally, may appoint members of the Authority and con3 tribute to the cost of acquiring, equipping, maintaining,

4 and operating the airport and appurtenant facilities.

5 ‘‘(b) TRANSFER OF PROPERTY.—Any of the fore6 going county commissions or municipal corporations may

7 transfer and convey to the Authority property of any kind

8 acquired previously by the county commission or municipal

9 corporation for airport purposes.

10 ‘‘SEC. 8. FUNDS AND ACCOUNTS.

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

12 Contributions may be made to the Authority from time

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

14 shall be deposited in whatever bank or banks a majority

15 of the members of the Authority direct and may be with16 drawn from them in whatever manner the Authority di17 rects.

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

19 keep strict account of all of its receipts and expenditures

20 and shall make quarterly reports to the public and private

21 bodies contributing to its funds, containing an itemized

22 account of its operations in the preceding quarter. The

23 accounts of the Authority shall be regularly examined by

24 the State Tax Commissioner in the manner required by

25 Article nine, Chapter six of the Code of West Virginia.
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1 ‘‘SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EX2 EMPT FROM TAXATION.

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

4 taxes or fees to the State of West Virginia or any subdivi5 sions of that State or to any officer or employee of the

6 State or other subdivision of it. The property of the Au7 thority is exempt from all local and municipal taxes.

8 Notes, debentures, and other evidence of indebtedness of

9 the Authority are declared to be issued for a public pur10 pose and to be public instrumentalities, and, together with

11 interest on them, are exempt from taxes.

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

13 ‘‘In the event all of the public corporations contribut14 ing to the funds of the Authority so determine, the Au15 thority shall make sale of all of its properties and assets

16 and distribute the proceeds of the sale among those con17 tributing to its funds. In the alternative, if such of the

18 supporting corporations contributing a majority of the

19 funds of the Authority so determine, the Authority may

20 lease all of its property and equipment upon whatever

21 terms and conditions the Authority may fix and determine.

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

23 COMPENSATION.

24 ‘‘All eligible employees of the Authority are consid25 ered to be within the Workmen’s Compensation Act of
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1 West Virginia, and premiums on their compensation shall

2 be paid by the Authority as required by law.

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

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

5 maintenance and operation of an airport in a prudent and

6 economical manner, and this Compact shall be liberally

7 construed as giving to the Authority full and complete

8 power reasonably required to give effect to the purposes

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

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

11 commissions and municipal corporations herein named

12 under any constitutional, statutory, or charter provisions

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

14 acquire or adopt.’’.

15 SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL.

16 The right to alter, amend, or repeal this joint resolu17 tion is hereby expressly reserved. The consent granted by

18 this joint resolution shall not be construed as impairing

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

20 United States in and over the region which forms the sub21 ject of the compact.

Æ