PUBLIC LAW 104–176—AUG. 6, 1996 110 STAT. 1557

Public Law 104–176

104th Congress

Joint Resolution

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.

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL CONSENT.

The Congress hereby consents to the Jennings Randolph Lake

Project Compact entered into between the States of West Virginia

and Maryland which compact is substantially as follows:

‘‘COMPACT

‘‘Whereas the State of Maryland and the State of West Virginia,

with the concurrence of the United States Department of the

Army, Corps of Engineers, have approved and desire to enter

into a 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, for which they seek the approval of Congress, and

which compact is as follows:

‘‘Whereas the signatory parties hereto desire 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, for which they have a joint

responsibility; and they declare as follows:

‘‘1. The Congress, under Public Law 87–874, authorized

the development of the Jennings Randolph Lake Project for

the North Branch of the Potomac River substantially in accordance with House Document Number 469, 87th Congress, 2nd

Session for flood control, water supply, water quality, and recreation; and

‘‘2. Section 4 of the Flood Control Act of 1944 (Ch 665,

58 Stat. 534) provides that the Chief of Engineers, under the

supervision of the Secretary of War (now Secretary of the

Army), is authorized to construct, maintain and operate public

park and recreational facilities in reservoir areas under control

of such Secretary for the purpose of boating, swimming, bathing, fishing, and other recreational purposes, so long as the

same is not inconsistent with the laws for the protection of

Jennings

Randolph

Lake Project

Compact.

Aug. 6, 1996

[S.J. Res. 20]
110 STAT. 1558 PUBLIC LAW 104–176—AUG. 6, 1996

fish and wildlife of the State(s) in which such area is situated;

and

‘‘3. Pursuant to the authorities cited above, the U.S. Army

Engineer District (Baltimore), hereinafter ‘District’, did construct and now maintains and operates the Jennings Randolph

Lake Project; and

‘‘4. The National Environmental Policy Act of 1969 (P.L.

91–190) encourages productive and enjoyable harmony between

man and his environment, promotes efforts which will stimulate

the health and welfare of man, and encourages cooperation

with State and local governments to achieve these ends; and

‘‘5. The Fish and Wildlife Coordination Act (16 U.S.C. 661–

666c) provides for the consideration and coordination with other

features of water-resource development programs through the

effectual and harmonious planning, development, maintenance,

and coordination of wildlife conservation and rehabilitation;

and

‘‘6. The District has Fisheries and Wildlife Plans as part

of the District’s project Operational Management Plan; and

‘‘7. In the respective States, the Maryland Department

of Natural Resources (hereinafter referred to as ‘Maryland

DNR’) and the West Virginia Division of Natural Resources

(hereinafter referred to as ‘West Virginia DNR’) are responsible

for providing a system of control, propagation, management,

protection, and regulation of natural resources and boating

in Maryland and West Virginia and the enforcement of laws

and regulations pertaining to those resources as provided in

Annotated Code of Maryland Natural Resources Article and

West Virginia Chapter 20, respectively, and the successors

thereof; and

‘‘8. The District, the Maryland DNR, and the West Virginia

DNR are desirous of conserving, perpetuating and improving

fish and wildlife resources and recreational benefits of the

Jennings Randolph Lake Project; and

‘‘9. The District and the States of Maryland and West

Virginia wish to implement the aforesaid acts and responsibilities through this Compact and they each recognize that consistent enforcement of the natural resources and boating laws

and regulations can best be achieved by entering this Compact:

‘‘Now, therefore, be it Resolved, That the States of Maryland

and West Virginia, with the concurrence of the United States

Department of the Army, Corps of Engineers, hereby solemnly

covenant and agree with each other, upon enactment of concurrent

legislation by The Congress of the United States and by the respective state legislatures, to the Jennings Randolph Lake Project Compact, which consists of this preamble and the articles that follow:

‘‘Article I—Name, Findings, and Purpose

‘‘1.1 This compact shall be known and may be cited as the

Jennings Randolph Lake Project Compact.

‘‘1.2 The legislative bodies of the respective signatory parties,

with the concurrence of the U.S. Army Corps of Engineers, hereby

find and declare:

‘‘1. The water resources and project lands of the Jennings

Randolph Lake Project are affected with local, state, regional, and

national interest, and the planning, conservation, utilization, protec-
PUBLIC LAW 104–176—AUG. 6, 1996 110 STAT. 1559

tion and management of these resources, under appropriate

arrangements for inter-governmental cooperation, are public purposes of the respective signatory parties.

‘‘2. The lands and waters of the Jennings Randolph Lake Project

are subject to the sovereign rights and responsibilities of the signatory parties, and it is the purpose of this compact that, notwithstanding any boundary between Maryland and West Virginia that

preexisted the creation of Jennings Randolph Lake, the parties

will have and exercise concurrent jurisdiction over any lands and

waters of the Jennings Randolph Lake Project concerning natural

resources and boating laws and regulations in the common interest

of the people of the region.

‘‘Article II—District Responsibilities

‘‘The District, within the Jennings Randolph Lake Project,

‘‘2.1 Acknowledges that the Maryland DNR and West Virginia

DNR have authorities and responsibilities in the establishment,

administration and enforcement of the natural resources and boating laws and regulations applicable to this project, provided that

the laws and regulations promulgated by the States support and

implement, where applicable, the intent of the Rules and Regulations Governing Public Use of Water Resources Development

Projects administered by the Chief of Engineers in Title 36, Chapter

RI, Part 327, Code of Federal Regulations,

‘‘2.2 Agrees to practice those forms of resource management

as determined jointly by the District, Maryland DNR and West

Virginia DNR to be beneficial to natural resources and which will

enhance public recreational opportunities compatible with other

authorized purposes of the project,

‘‘2.3 Agrees to consult with the Maryland DNR and West Virginia DNR prior to the issuance of any permits for activities or

special events which would include, but not necessarily be limited

to: fishing tournaments, training exercises, regattas, marine

parades, placement of ski ramps, slalom water ski courses and

the establishment of private markers and/or lighting. All such permits issued by the District will require the permittee to comply

with all State laws and regulations,

‘‘2.4 Agrees to consult with the Maryland DNR and West Virginia DNR regarding any recommendations for regulations affecting

natural resources, including, but not limited to, hunting, trapping,

fishing or boating at the Jennings Randolph Lake Project which

the District believes might be desirable for reasons of public safety,

administration of public use and enjoyment,

‘‘2.5 Agrees to consult with the Maryland DNR and West Virginia DNR relative to the marking of the lake with buoys, aids

to navigation, regulatory markers and establishing and posting

of speed limits, no wake zones, restricted or other control areas

and to provide, install and maintain such buoys, aids to navigation

and regulatory markers as are necessary for the implementation

of the District’s Operational Management Plan. All buoys, aids

to navigation and regulatory markers to be used shall be marked

in conformance with the Uniform State Waterway Marking System,

‘‘2.6 Agrees to allow hunting, trapping, boating and fishing

by the public in accordance with the laws and regulations relating

to the Jennings Randolph Lake Project,
110 STAT. 1560 PUBLIC LAW 104–176—AUG. 6, 1996

‘‘2.7 Agrees to provide, install and maintain public ramps,

parking areas, courtesy docks, etc., as provided for by the approved

Corps of Engineers Master Plan, and

‘‘2.8 Agrees to notify the Maryland DNR and the West Virginia

DNR of each reservoir drawdown prior thereto excepting drawdown

for the reestablishment of normal lake levels following flood control

operations and drawdown resulting from routine water control

management operations described in the reservoir regulation manual including releases requested by water supply owners and normal

water quality releases. In case of emergency releases or emergency

flow curtailments, telephone or oral notification will be provided.

The District reserves the right, following issuance of the above

notice, to make operational and other tests which may be necessary

to insure the safe and efficient operation of the dam, for inspection

and maintenance purposes, and for the gathering of water quality

data both within the impoundment and in the Potomac River downstream from the dam.

‘‘Article III—State Responsibilities

‘‘The State of Maryland and the State of West Virginia agree:

‘‘3.1 That each State will have and exercise concurrent jurisdiction with the District and the other State for the purpose of enforcing the civil and criminal laws of the respective States pertaining

to natural resources and boating laws and regulations over any

lands and waters of the Jennings Randolph Lake Project;

‘‘3.2 That existing natural resources and boating laws and

regulations already in effect in each State shall remain in force

on the Jennings Randolph Lake Project until either State amends,

modifies or rescinds its laws and regulations;

‘‘3.3 That the Agreement for Fishing Privileges dated June

24, 1985 between the State of Maryland and the State of West

Virginia, as amended, remains in full force and effect;

‘‘3.4 To enforce the natural resources and boating laws and

regulations applicable to the Jennings Randolph Lake Project;

‘‘3.5 To supply the District with the name, address and telephone number of the person(s) to be contacted when any drawdown

except those resulting from normal regulation procedures occurs;

‘‘3.6 To inform the Reservoir Manager of all emergencies or

unusual activities occurring on the Jennings Randolph Lake Project;

‘‘3.7 To provide training to District employees in order to familiarize them with natural resources and boating laws and regulations

as they apply to the Jennings Randolph Lake Project; and

‘‘3.8 To recognize that the District and other Federal Agencies

have the right and responsibility to enforce, within the boundaries

of the Jennings Randolph Lake Project, all applicable Federal laws,

rules and regulations so as to provide the public with safe and

healthful recreational opportunities and to provide protection to

all federal property within the project.

‘‘Article IV—Mutual Cooperation

‘‘4.1 Pursuant to the aims and purposes of this Compact, the

State of Maryland, the State of West Virginia and the District

mutually agree that representatives of their natural resource

management and enforcement agencies will cooperate to further

the purposes of this Compact. This cooperation includes, but is

not limited to, the following:
PUBLIC LAW 104–176—AUG. 6, 1996 110 STAT. 1561

‘‘4.2 Meeting jointly at least once annually, and providing for

other meetings as deemed necessary for discussion of matters relating to the management of natural resources and visitor use on

lands and waters within the Jennings Randolph Lake Project;

‘‘4.3 Evaluating natural resources and boating, to develop natural resources and boating management plans and to initiate and

carry out management programs;

‘‘4.4 Encouraging the dissemination of joint publications, press

releases or other public information and the interchange between

parties of all pertinent agency policies and objectives for the use

and perpetuation of natural resources of the Jennings Randolph

Lake Project; and

‘‘4.5 Entering into working arrangements as occasion demands

for the use of lands, waters, construction and use of buildings

and other facilities at the project.

‘‘Article V—General Provisions

‘‘5.1 Each and every provision of this Compact is subject to

the laws of the States of Maryland and West Virginia and the

laws of the United States, and the delegated authority in each

instance.

‘‘5.2 The enforcement and applicability of natural resources

and boating laws and regulations referenced in this Compact shall

be limited to the lands and waters of the Jennings Randolph Lake

Project, including but not limited to the prevailing reciprocal fishing

laws and regulations between the States of Maryland and West

Virginia.

‘‘5.3 Nothing in this Compact shall be construed as obligating

any party hereto to the expenditure of funds or the future payment

of money in excess of appropriations authorized by law.

‘‘5.4 The provisions of this Compact shall be severable, and

if any phrase, clause, sentence or provision of the Jennings Randolph Lake Project Compact is declared to be unconstitutional or

inapplicable to any signatory party or agency of any party, the

constitutionality and applicability of the Compact shall not be otherwise affected as to any provision, party, or agency. It is the legislative intent that the provisions of the Compact be reasonably and

liberally construed to effectuate the stated purposes of the Compact.

‘‘5.5 No member of or delegate to Congress, or signatory shall

be admitted to any share or part of this Compact, or to any benefit

that may arise therefrom; but this provision shall not be construed

to extend to this agreement if made with a corporation for its

general benefit.

‘‘5.6 When this Compact has been ratified by the legislature

of each respective State, when the Governor of West Virginia and

the Governor of Maryland have executed this Compact on behalf

of their respective States and have caused a verified copy thereof

to be filed with the Secretary of State of each respective State,

when the Baltimore District of the U.S. Army Corps of Engineers

has executed its concurrence with this Compact, and when this

Compact has been consented to by the Congress of the United

States, then this Compact shall become operative and effective.

‘‘5.7 Either State may, by legislative act, after one year’s written

notice to the other, withdraw from this Compact. The U.S. Army

Corps of Engineers may withdraw its concurrence with this Compact

Effective date.
110 STAT. 1562 PUBLIC LAW 104–176—AUG. 6, 1996

LEGISLATIVE HISTORY—S.J. Res. 20 (H.J. Res. 113):

HOUSE REPORTS: No. 104–706 accompanying H.J. Res. 113 (Comm. on

the Judiciary).

CONGRESSIONAL RECORD:

Vol. 141 (1995): Sept. 20, considered and passed Senate.

Vol. 142 (1996): July 29, H.J. Res. 113 and S.J. Res. 20 considered and passed

House.

Æ

upon one year’s written notice from the Baltimore District Engineer

to the Governor of each State.

‘‘5.8 This Compact may be amended from time to time. Each

proposed amendment shall be presented in resolution form to the

Governor of each State and the Baltimore District Engineer of

the U.S. Army Corps of Engineers. An amendment to this Compact

shall become effective only after it has been ratified by the legislatures of both signatory States and concurred in by the U.S. Army

Corps of Engineers, Baltimore District. Amendments shall become

effective thirty days after the date of the last concurrence or ratification.’’.

SEC. 2. 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 August 6, 1996.

Effective date.