104TH CONGRESS

1ST SESSION S. J. RES. 20

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:

8 ‘‘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 Gar-
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rett 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 ‘‘1. The Congress, under Public Law 87–874,

2 authorized the development of the Jennings Ran3 dolph Lake Project for the North Branch of the Po4 tomac River substantially in accordance with House

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

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

7 recreation; and

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

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

10 Engineers, under the supervision of the Secretary of

11 War (now Secretary of the Army), is authorized to

12 construct, maintain and operate public park and rec13 reational facilities in reservoir areas under control of

14 such Secretary for the purpose of boating, swim15 ming, bathing, fishing, and other recreational pur16 poses, so long as the same is not inconsistent with
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1 the laws for the protection of fish and wildlife of the

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

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

4 U.S. Army Engineer District (Baltimore), herein5 after ‘District’, did construct and now maintains and

6 operates the Jennings Randolph Lake Project; and

7 ‘‘4. The National Environmental Policy Act of

8 1969 (P.L. 91–190) encourages productive and en9 joyable harmony between man and his environment,

10 promotes efforts which will stimulate the health and

11 welfare of man, and encourages cooperation with

12 State and local governments to achieve these ends;

13 and

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

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

16 coordination with other features of water-resource

17 development programs through the effectual and

18 harmonious planning, development, maintenance,

19 and coordination of wildlife conservation and reha20 bilitation; and

21 ‘‘6. The District has Fisheries and Wildlife

22 Plans as part of the District’s project Operational

23 Management Plan; and

24 ‘‘7. In the respective States, the Maryland De25 partment of Natural Resources (hereinafter referred
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1 to as ‘Maryland DNR’) and the West Virginia Divi2 sion of Natural Resources (hereinafter referred to as

3 ‘West Virginia DNR’) are responsible for providing

4 a system of control, propagation, management, pro5 tection, and regulation of natural resources and

6 boating in Maryland and West Virginia and the en7 forcement of laws and regulations pertaining to

8 those resources as provided in Annotated Code of

9 Maryland Natural Resources Article and West Vir10 ginia Chapter 20, respectively, and the successors

11 thereof; and

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

13 West Virginia DNR are desirous of conserving, per14 petuating and improving fish and wildlife resources

15 and recreational benefits of the Jennings Randolph

16 Lake Project; and

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

18 and West Virginia wish to implement the aforesaid

19 acts and responsibilities through this Compact and

20 they each recognize that consistent enforcement of

21 the natural resources and boating laws and regula22 tions can best be achieved by entering this Compact:

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

24 Maryland and West Virginia, with the concurrence of the

25 United States Department of the Army, Corps of Engi-
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1 neers, hereby solemnly covenant and agree with each

2 other, upon enactment of concurrent legislation by The

3 Congress of the United States and by the respective state

4 legislatures, to the Jennings Randolph Lake Project Com5 pact, which consists of this preamble and the articles that

6 follow:

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

8 ‘‘1.1 This compact shall be known and may be cited

9 as the Jennings Randolph Lake Project Compact.

10 ‘‘1.2 The legislative bodies of the respective signatory

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

12 Engineers, hereby find and declare:

13 ‘‘1. The water resources and project lands of the Jen14 nings Randolph Lake Project are affected with local,

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

16 conservation, utilization, protection and management of

17 these resources, under appropriate arrangements for inter18 governmental cooperation, are public purposes of the re19 spective signatory parties.

20 ‘‘2. The lands and waters of the Jennings Randolph

21 Lake Project are subject to the sovereign rights and re22 sponsibilities of the signatory parties, and it is the purpose

23 of this compact that, notwithstanding any boundary be24 tween Maryland and West Virginia that preexisted the cre25 ation of Jennings Randolph Lake, the parties will have
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1 and exercise concurrent jurisdiction over any lands and

2 waters of the Jennings Randolph Lake Project concerning

3 natural resources and boating laws and regulations in the

4 common interest of the people of the region.

5 ‘‘Article II—District Responsibilities

6 ‘‘The District, within the Jennings Randolph Lake

7 Project,

8 ‘‘2.1 Acknowledges that the Maryland DNR and

9 West Virginia DNR have authorities and responsibilities

10 in the establishment, administration and enforcement of

11 the natural resources and boating laws and regulations ap12 plicable to this project, provided that the laws and regula13 tions promulgated by the States support and implement,

14 where applicable, the intent of the Rules and Regulations

15 Governing Public Use of Water Resources Development

16 Projects administered by the Chief of Engineers in Title

17 36, Chapter RI, Part 327, Code of Federal Regulations,

18 ‘‘2.2 Agrees to practice those forms of resource man19 agement as determined jointly by the District, Maryland

20 DNR and West Virginia DNR to be beneficial to natural

21 resources and which will enhance public recreational op22 portunities compatible with other authorized purposes of

23 the project,

24 ‘‘2.3 Agrees to consult with the Maryland DNR and

25 West Virginia DNR prior to the issuance of any permits
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1 for activities or special events which would include, but

2 not necessarily be limited to: fishing tournaments, training

3 exercises, regattas, marine parades, placement of ski

4 ramps, slalom water ski courses and the establishment of

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

6 by the District will require the permittee to comply with

7 all State laws and regulations,

8 ‘‘2.4 Agrees to consult with the Maryland DNR and

9 West Virginia DNR regarding any recommendations for

10 regulations affecting natural resources, including, but not

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

12 Jennings Randolph Lake Project which the District be13 lieves might be desirable for reasons of public safety, ad14 ministration of public use and enjoyment,

15 ‘‘2.5 Agrees to consult with the Maryland DNR and

16 West Virginia DNR relative to the marking of the lake

17 with buoys, aids to navigation, regulatory markers and es18 tablishing and posting of speed limits, no wake zones, re19 stricted or other control areas and to provide, install and

20 maintain such buoys, aids to navigation and regulatory

21 markers as are necessary for the implementation of the

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

23 to navigation and regulatory markers to be used shall be

24 marked in conformance with the Uniform State Waterway

25 Marking System,
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1 ‘‘2.6 Agrees to allow hunting, trapping, boating and

2 fishing by the public in accordance with the laws and regu3 lations relating to the Jennings Randolph Lake Project,

4 ‘‘2.7 Agrees to provide, install and maintain public

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

6 by the approved Corps of Engineers Master Plan, and

7 ‘‘2.8 Agrees to notify the Maryland DNR and the

8 West Virginia DNR of each reservoir drawdown prior

9 thereto excepting drawdown for the reestablishment of

10 normal lake levels following flood control operations and

11 drawdown resulting from routine water control manage12 ment operations described in the reservoir regulation man13 ual including releases requested by water supply owners

14 and normal water quality releases. In case of emergency

15 releases or emergency flow curtailments, telephone or oral

16 notification will be provided. The District reserves the

17 right, following issuance of the above notice, to make oper18 ational and other tests which may be necessary to insure

19 the safe and efficient operation of the dam, for inspection

20 and maintenance purposes, and for the gathering of water

21 quality data both within the impoundment and in the Po22 tomac River downstream from the dam.

23 ‘‘Article III—State Responsibilities

24 ‘‘The State of Maryland and the State of West Vir25 ginia agree:
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1 ‘‘3.1 That each State will have and exercise concur2 rent jurisdiction with the District and the other State for

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

4 respective States pertaining to natural resources and boat5 ing laws and regulations over any lands and waters of the

6 Jennings Randolph Lake Project;

7 ‘‘3.2 That existing natural resources and boating

8 laws and regulations already in effect in each State shall

9 remain in force on the Jennings Randolph Lake Project

10 until either State amends, modifies or rescinds its laws

11 and regulations;

12 ‘‘3.3 That the Agreement for Fishing Privileges dated

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

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

15 and effect;

16 ‘‘3.4 To enforce the natural resources and boating

17 laws and regulations applicable to the Jennings Randolph

18 Lake Project;

19 ‘‘3.5 To supply the District with the name, address

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

21 when any drawdown except those resulting from normal

22 regulation procedures occurs;

23 ‘‘3.6 To inform the Reservoir Manager of all emer24 gencies or unusual activities occurring on the Jennings

25 Randolph Lake Project;
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1 ‘‘3.7 To provide training to District employees in

2 order to familiarize them with natural resources and boat3 ing laws and regulations as they apply to the Jennings

4 Randolph Lake Project; and

5 ‘‘3.8 To recognize that the District and other Federal

6 Agencies have the right and responsibility to enforce, with7 in the boundaries of the Jennings Randolph Lake Project,

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

9 provide the public with safe and healthful recreational op10 portunities and to provide protection to all federal prop11 erty within the project.

12 ‘‘Article IV—Mutual Cooperation

13 ‘‘4.1 Pursuant to the aims and purposes of this Com14 pact, the State of Maryland, the State of West Virginia

15 and the District mutually agree that representatives of

16 their natural resource management and enforcement agen17 cies will cooperate to further the purposes of this Com18 pact. This cooperation includes, but is not limited to, the

19 following:

20 ‘‘4.2 Meeting jointly at least once annually, and pro21 viding for other meetings as deemed necessary for discus22 sion of matters relating to the management of natural re23 sources and visitor use on lands and waters within the

24 Jennings Randolph Lake Project;
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1 ‘‘4.3 Evaluating natural resources and boating, to de2 velop natural resources and boating management plans

3 and to initiate and carry out management programs;

4 ‘‘4.4 Encouraging the dissemination of joint publica5 tions, press releases or other public information and the

6 interchange between parties of all pertinent agency poli7 cies and objectives for the use and perpetuation of natural

8 resources of the Jennings Randolph Lake Project; and

9 ‘‘4.5 Entering into working arrangements as occasion

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

11 use of buildings and other facilities at the project.

12 ‘‘Article V—General Provisions

13 ‘‘5.1 Each and every provision of this Compact is sub14 ject to the laws of the States of Maryland and West Vir15 ginia and the laws of the United States, and the delegated

16 authority in each instance.

17 ‘‘5.2 The enforcement and applicability of natural re18 sources and boating laws and regulations referenced in

19 this Compact shall be limited to the lands and waters of

20 the Jennings Randolph Lake Project, including but not

21 limited to the prevailing reciprocal fishing laws and regu22 lations between the States of Maryland and West Virginia.

23 ‘‘5.3 Nothing in this Compact shall be construed as

24 obligating any party hereto to the expenditure of funds
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1 or the future payment of money in excess of appropria2 tions authorized by law.

3 ‘‘5.4 The provisions of this Compact shall be sever4 able, and if any phrase, clause, sentence or provision of

5 the Jennings Randolph Lake Project Compact is declared

6 to be unconstitutional or inapplicable to any signatory

7 party or agency of any party, the constitutionality and ap8 plicability of the Compact shall not be otherwise affected

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

10 intent that the provisions of the Compact be reasonably

11 and liberally construed to effectuate the stated purposes

12 of the Compact.

13 ‘‘5.5 No member of or delegate to Congress, or signa14 tory shall be admitted to any share or part of this Com15 pact, or to any benefit that may arise therefrom; but this

16 provision shall not be construed to extend to this agree17 ment if made with a corporation for its general benefit.

18 ‘‘5.6 When this Compact has been ratified by the leg19 islature of each respective State, when the Governor of

20 West Virginia and the Governor of Maryland have exe21 cuted this Compact on behalf of their respective States

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

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

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

25 has executed its concurrence with this Compact, and when
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1 this Compact has been consented to by the Congress of

2 the United States, then this Compact shall become opera3 tive and effective.

4 ‘‘5.7 Either State may, by legislative act, after one

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

6 Compact. The U.S. Army Corps of Engineers may with7 draw its concurrence with this Compact upon one year’s

8 written notice from the Baltimore District Engineer to the

9 Governor of each State.

10 ‘‘5.8 This Compact may be amended from time to

11 time. Each proposed amendment shall be presented in res12 olution form to the Governor of each State and the Balti13 more District Engineer of the U.S. Army Corps of Engi14 neers. An amendment to this Compact shall become effec15 tive only after it has been ratified by the legislatures of

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

17 Corps of Engineers, Baltimore District. Amendments shall

18 become effective thirty days after the date of the last con19 currence or ratification.’’.

20 SEC. 2. The right to alter, amend or repeal this joint

21 resolution is hereby expressly reserved. The consent grant22 ed by this joint resolution shall not be construed as im23 pairing or in any manner affecting any right or jurisdic-
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1 tion of the United States in and over the region which

2 forms the subject of the compact.

Passed the Senate September 20 (legislative day,

September 5), 1995.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION S. J. RES. 20

JOINT RESOLUTION

Granting the consent of Congress to the compact to

Virginia and Maryland.Virginia, entered into between the States of WestCounty, Maryland and Mineral County, Westnings Randolph Lake Project lying in Garretting to natural resources and boating at the Jenand enforcement of laws and regulations pertainprovide for joint natural resource management