IA

104TH CONGRESS

1ST SESSION S. J. RES. 20

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 21, 1995

Referred to the Committee on the Judiciary

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.

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 The Congress hereby consents to the Jennings Ran5 dolph Lake Project Compact entered into between the

6 States of West Virginia and Maryland which compact is

7 substantially as follows:
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1 ‘‘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:

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

3 authorized the development of the Jennings Ran4 dolph Lake Project for the North Branch of the Po5 tomac River substantially in accordance with House

6 Document Number 469, 87th Congress, 2nd Session

7 for flood control, water supply, water quality, and

8 recreation; and

9 ‘‘2. Section 4 of the Flood Control Act of 1944

10 (Ch 665, 58 Stat. 534) provides that the Chief of

11 Engineers, under the supervision of the Secretary of

12 War (now Secretary of the Army), is authorized to
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1 construct, maintain and operate public park and rec2 reational facilities in reservoir areas under control of

3 such Secretary for the purpose of boating, swim4 ming, bathing, fishing, and other recreational pur5 poses, so long as the same is not inconsistent with

6 the laws for the protection of fish and wildlife of the

7 State(s) in which such area is situated; and

8 ‘‘3. Pursuant to the authorities cited above, the

9 U.S. Army Engineer District (Baltimore), herein10 after ‘District’, did construct and now maintains and

11 operates the Jennings Randolph Lake Project; and

12 ‘‘4. The National Environmental Policy Act of

13 1969 (P.L. 91–190) encourages productive and en14 joyable harmony between man and his environment,

15 promotes efforts which will stimulate the health and

16 welfare of man, and encourages cooperation with

17 State and local governments to achieve these ends;

18 and

19 ‘‘5. The Fish and Wildlife Coordination Act (16

20 U.S.C. 661–666c) provides for the consideration and

21 coordination with other features of water-resource

22 development programs through the effectual and

23 harmonious planning, development, maintenance,

24 and coordination of wildlife conservation and reha25 bilitation; and
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1 ‘‘6. The District has Fisheries and Wildlife

2 Plans as part of the District’s project Operational

3 Management Plan; and

4 ‘‘7. In the respective States, the Maryland De5 partment of Natural Resources (hereinafter referred

6 to as ‘Maryland DNR’) and the West Virginia Divi7 sion of Natural Resources (hereinafter referred to as

8 ‘West Virginia DNR’) are responsible for providing

9 a system of control, propagation, management, pro10 tection, and regulation of natural resources and

11 boating in Maryland and West Virginia and the en12 forcement of laws and regulations pertaining to

13 those resources as provided in Annotated Code of

14 Maryland Natural Resources Article and West Vir15 ginia Chapter 20, respectively, and the successors

16 thereof; and

17 ‘‘8. The District, the Maryland DNR, and the

18 West Virginia DNR are desirous of conserving, per19 petuating and improving fish and wildlife resources

20 and recreational benefits of the Jennings Randolph

21 Lake Project; and

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

23 and West Virginia wish to implement the aforesaid

24 acts and responsibilities through this Compact and

25 they each recognize that consistent enforcement of
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1 the natural resources and boating laws and regula2 tions can best be achieved by entering this Compact:

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

4 Maryland and West Virginia, with the concurrence of the

5 United States Department of the Army, Corps of Engi6 neers, hereby solemnly covenant and agree with each

7 other, upon enactment of concurrent legislation by The

8 Congress of the United States and by the respective state

9 legislatures, to the Jennings Randolph Lake Project Com10 pact, which consists of this preamble and the articles that

11 follow:

12 ‘‘Article I—Name, Findings, and Purpose

13 ‘‘1.1 This compact shall be known and may be cited

14 as the Jennings Randolph Lake Project Compact.

15 ‘‘1.2 The legislative bodies of the respective signatory

16 parties, with the concurrence of the U.S. Army Corps of

17 Engineers, hereby find and declare:

18 ‘‘1. The water resources and project lands of the Jen19 nings Randolph Lake Project are affected with local,

20 state, regional, and national interest, and the planning,

21 conservation, utilization, protection and management of

22 these resources, under appropriate arrangements for inter23 governmental cooperation, are public purposes of the re24 spective signatory parties.
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1 ‘‘2. The lands and waters of the Jennings Randolph

2 Lake Project are subject to the sovereign rights and re3 sponsibilities of the signatory parties, and it is the purpose

4 of this compact that, notwithstanding any boundary be5 tween Maryland and West Virginia that preexisted the cre6 ation of Jennings Randolph Lake, the parties will have

7 and exercise concurrent jurisdiction over any lands and

8 waters of the Jennings Randolph Lake Project concerning

9 natural resources and boating laws and regulations in the

10 common interest of the people of the region.

11 ‘‘Article II—District Responsibilities

12 ‘‘The District, within the Jennings Randolph Lake

13 Project,

14 ‘‘2.1 Acknowledges that the Maryland DNR and

15 West Virginia DNR have authorities and responsibilities

16 in the establishment, administration and enforcement of

17 the natural resources and boating laws and regulations ap18 plicable to this project, provided that the laws and regula19 tions promulgated by the States support and implement,

20 where applicable, the intent of the Rules and Regulations

21 Governing Public Use of Water Resources Development

22 Projects administered by the Chief of Engineers in Title

23 36, Chapter RI, Part 327, Code of Federal Regulations,

24 ‘‘2.2 Agrees to practice those forms of resource man25 agement as determined jointly by the District, Maryland
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1 DNR and West Virginia DNR to be beneficial to natural

2 resources and which will enhance public recreational op3 portunities compatible with other authorized purposes of

4 the project,

5 ‘‘2.3 Agrees to consult with the Maryland DNR and

6 West Virginia DNR prior to the issuance of any permits

7 for activities or special events which would include, but

8 not necessarily be limited to: fishing tournaments, training

9 exercises, regattas, marine parades, placement of ski

10 ramps, slalom water ski courses and the establishment of

11 private markers and/or lighting. All such permits issued

12 by the District will require the permittee to comply with

13 all State laws and regulations,

14 ‘‘2.4 Agrees to consult with the Maryland DNR and

15 West Virginia DNR regarding any recommendations for

16 regulations affecting natural resources, including, but not

17 limited to, hunting, trapping, fishing or boating at the

18 Jennings Randolph Lake Project which the District be19 lieves might be desirable for reasons of public safety, ad20 ministration of public use and enjoyment,

21 ‘‘2.5 Agrees to consult with the Maryland DNR and

22 West Virginia DNR relative to the marking of the lake

23 with buoys, aids to navigation, regulatory markers and es24 tablishing and posting of speed limits, no wake zones, re25 stricted or other control areas and to provide, install and
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1 maintain such buoys, aids to navigation and regulatory

2 markers as are necessary for the implementation of the

3 District’s Operational Management Plan. All buoys, aids

4 to navigation and regulatory markers to be used shall be

5 marked in conformance with the Uniform State Waterway

6 Marking System,

7 ‘‘2.6 Agrees to allow hunting, trapping, boating and

8 fishing by the public in accordance with the laws and regu9 lations relating to the Jennings Randolph Lake Project,

10 ‘‘2.7 Agrees to provide, install and maintain public

11 ramps, parking areas, courtesy docks, etc., as provided for

12 by the approved Corps of Engineers Master Plan, and

13 ‘‘2.8 Agrees to notify the Maryland DNR and the

14 West Virginia DNR of each reservoir drawdown prior

15 thereto excepting drawdown for the reestablishment of

16 normal lake levels following flood control operations and

17 drawdown resulting from routine water control manage18 ment operations described in the reservoir regulation man19 ual including releases requested by water supply owners

20 and normal water quality releases. In case of emergency

21 releases or emergency flow curtailments, telephone or oral

22 notification will be provided. The District reserves the

23 right, following issuance of the above notice, to make oper24 ational and other tests which may be necessary to insure

25 the safe and efficient operation of the dam, for inspection
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1 and maintenance purposes, and for the gathering of water

2 quality data both within the impoundment and in the Po3 tomac River downstream from the dam.

4 ‘‘Article III—State Responsibilities

5 ‘‘The State of Maryland and the State of West Vir6 ginia agree:

7 ‘‘3.1 That each State will have and exercise concur8 rent jurisdiction with the District and the other State for

9 the purpose of enforcing the civil and criminal laws of the

10 respective States pertaining to natural resources and boat11 ing laws and regulations over any lands and waters of the

12 Jennings Randolph Lake Project;

13 ‘‘3.2 That existing natural resources and boating

14 laws and regulations already in effect in each State shall

15 remain in force on the Jennings Randolph Lake Project

16 until either State amends, modifies or rescinds its laws

17 and regulations;

18 ‘‘3.3 That the Agreement for Fishing Privileges dated

19 June 24, 1985 between the State of Maryland and the

20 State of West Virginia, as amended, remains in full force

21 and effect;

22 ‘‘3.4 To enforce the natural resources and boating

23 laws and regulations applicable to the Jennings Randolph

24 Lake Project;
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1 ‘‘3.5 To supply the District with the name, address

2 and telephone number of the person(s) to be contacted

3 when any drawdown except those resulting from normal

4 regulation procedures occurs;

5 ‘‘3.6 To inform the Reservoir Manager of all emer6 gencies or unusual activities occurring on the Jennings

7 Randolph Lake Project;

8 ‘‘3.7 To provide training to District employees in

9 order to familiarize them with natural resources and boat10 ing laws and regulations as they apply to the Jennings

11 Randolph Lake Project; and

12 ‘‘3.8 To recognize that the District and other Federal

13 Agencies have the right and responsibility to enforce, with14 in the boundaries of the Jennings Randolph Lake Project,

15 all applicable Federal laws, rules and regulations so as to

16 provide the public with safe and healthful recreational op17 portunities and to provide protection to all federal prop18 erty within the project.

19 ‘‘Article IV—Mutual Cooperation

20 ‘‘4.1 Pursuant to the aims and purposes of this Com21 pact, the State of Maryland, the State of West Virginia

22 and the District mutually agree that representatives of

23 their natural resource management and enforcement agen24 cies will cooperate to further the purposes of this Com-
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1 pact. This cooperation includes, but is not limited to, the

2 following:

3 ‘‘4.2 Meeting jointly at least once annually, and pro4 viding for other meetings as deemed necessary for discus5 sion of matters relating to the management of natural re6 sources and visitor use on lands and waters within the

7 Jennings Randolph Lake Project;

8 ‘‘4.3 Evaluating natural resources and boating, to de9 velop natural resources and boating management plans

10 and to initiate and carry out management programs;

11 ‘‘4.4 Encouraging the dissemination of joint publica12 tions, press releases or other public information and the

13 interchange between parties of all pertinent agency poli14 cies and objectives for the use and perpetuation of natural

15 resources of the Jennings Randolph Lake Project; and

16 ‘‘4.5 Entering into working arrangements as occasion

17 demands for the use of lands, waters, construction and

18 use of buildings and other facilities at the project.

19 ‘‘Article V—General Provisions

20 ‘‘5.1 Each and every provision of this Compact is sub21 ject to the laws of the States of Maryland and West Vir22 ginia and the laws of the United States, and the delegated

23 authority in each instance.

24 ‘‘5.2 The enforcement and applicability of natural re25 sources and boating laws and regulations referenced in
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1 this Compact shall be limited to the lands and waters of

2 the Jennings Randolph Lake Project, including but not

3 limited to the prevailing reciprocal fishing laws and regu4 lations between the States of Maryland and West Virginia.

5 ‘‘5.3 Nothing in this Compact shall be construed as

6 obligating any party hereto to the expenditure of funds

7 or the future payment of money in excess of appropria8 tions authorized by law.

9 ‘‘5.4 The provisions of this Compact shall be sever10 able, and if any phrase, clause, sentence or provision of

11 the Jennings Randolph Lake Project Compact is declared

12 to be unconstitutional or inapplicable to any signatory

13 party or agency of any party, the constitutionality and ap14 plicability of the Compact shall not be otherwise affected

15 as to any provision, party, or agency. It is the legislative

16 intent that the provisions of the Compact be reasonably

17 and liberally construed to effectuate the stated purposes

18 of the Compact.

19 ‘‘5.5 No member of or delegate to Congress, or signa20 tory shall be admitted to any share or part of this Com21 pact, or to any benefit that may arise therefrom; but this

22 provision shall not be construed to extend to this agree23 ment if made with a corporation for its general benefit.

24 ‘‘5.6 When this Compact has been ratified by the leg25 islature of each respective State, when the Governor of
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1 West Virginia and the Governor of Maryland have exe2 cuted this Compact on behalf of their respective States

3 and have caused a verified copy thereof to be filed with

4 the Secretary of State of each respective State, when the

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

6 has executed its concurrence with this Compact, and when

7 this Compact has been consented to by the Congress of

8 the United States, then this Compact shall become opera9 tive and effective.

10 ‘‘5.7 Either State may, by legislative act, after one

11 year’s written notice to the other, withdraw from this

12 Compact. The U.S. Army Corps of Engineers may with13 draw its concurrence with this Compact upon one year’s

14 written notice from the Baltimore District Engineer to the

15 Governor of each State.

16 ‘‘5.8 This Compact may be amended from time to

17 time. Each proposed amendment shall be presented in res18 olution form to the Governor of each State and the Balti19 more District Engineer of the U.S. Army Corps of Engi20 neers. An amendment to this Compact shall become effec21 tive only after it has been ratified by the legislatures of

22 both signatory States and concurred in by the U.S. Army

23 Corps of Engineers, Baltimore District. Amendments shall

24 become effective thirty days after the date of the last con25 currence or ratification.’’.
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1 SEC. 2. The right to alter, amend or repeal this joint

2 resolution is hereby expressly reserved. The consent grant3 ed by this joint resolution shall not be construed as im4 pairing or in any manner affecting any right or jurisdic5 tion of the United States in and over the region which

6 forms the subject of the compact.

Passed the Senate September 20 (legislative day,

September 5), 1995.

Attest: KELLY D. JOHNSTON,

Secretary.