S. J. Res. 51

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

Joint Resolution

Granting the consent of Congress to the Potomac Highlands Airport Authority

Compact entered into between the States of Maryland and West 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.
S. J. Res. 51—2

‘‘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.
S. J. Res. 51—3

‘‘(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.
S. J. Res. 51—4

‘‘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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.