II

104TH CONGRESS

1ST SESSION S. J. RES. 20

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.

IN THE SENATE OF THE UNITED STATES

JANUARY 18 (legislative day, JANUARY 10), 1995

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 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,
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1 SECTION 1. CONGRESSIONAL CONSENT.

2 The Congress hereby consents to the Jennings Ran3 dolph Lake Project Compact entered into between the

4 States of West Virginia and Maryland which compact is

5 substantially as follows:

6 ‘‘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:

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

8 authorized the development of the Jennings Ran9 dolph Lake Project for the North Branch of the Po10 tomac River substantially in accordance with House

11 Document Number 469, 87th Congress, 2nd Session
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1 for flood control, water supply, water quality, and

2 recreation; and

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

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

5 Engineers, under the supervision of the Secretary of

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

7 construct, maintain and operate public park and rec8 reational facilities in reservoir areas under control of

9 such Secretary for the purpose of boating, swim10 ming, bathing, fishing, and other recreational pur11 poses, so long as the same is not inconsistent with

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

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

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

15 U.S. Army Engineer District (Baltimore), herein16 after ‘District’, did construct and now maintains and

17 operates the Jennings Randolph Lake Project; and

18 ‘‘4. The National Environmental Policy Act of

19 1969 (P.L. 91–190) encourages productive and en20 joyable harmony between man and his environment,

21 promotes efforts which will stimulate the health and

22 welfare of man, and encourages cooperation with

23 State and local governments to achieve these ends;

24 and
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1 ‘‘5. The Fish and Wildlife Coordination Act (16

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

3 coordination with other features of water-resource

4 development programs through the effectual and

5 harmonious planning, development, maintenance,

6 and coordination of wildlife conservation and reha7 bilitation; and

8 ‘‘6. The District has Fisheries and Wildlife

9 Plans as part of the District’s project Operational

10 Management Plan; and

11 ‘‘7. In the respective States, the Maryland De12 partment of Natural Resources (hereinafter referred

13 to as ‘Maryland DNR’) and the West Virginia Divi14 sion of Natural Resources (hereinafter referred to as

15 ‘West Virginia DNR’) are responsible for providing

16 a system of control, propagation, management, pro17 tection, and regulation of natural resources and

18 boating in Maryland and West Virginia and the en19 forcement of laws and regulations pertaining to

20 those resources as provided in Annotated Code of

21 Maryland Natural Resources Article and West Vir22 ginia Chapter 20, respectively, and the successors

23 thereof; and

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

25 West Virginia DNR are desirous of conserving, per-
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1 petuating and improving fish and wildlife resources

2 and recreational benefits of the Jennings Randolph

3 Lake Project; and

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

5 and West Virginia wish to implement the aforesaid

6 acts and responsibilities through this Compact and

7 they each recognize that consistent enforcement of

8 the natural resources and boating laws and regula9 tions can best be achieved by entering this Compact:

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

11 Maryland and West Virginia, with the concurrence of the

12 United States Department of the Army, Corps of Engi13 neers, hereby solemnly covenant and agree with each

14 other, upon enactment of concurrent legislation by The

15 Congress of the United States and by the respective state

16 legislatures, to the Jennings Randolph Lake Project Com17 pact, which consists of this preamble and the articles that

18 follow:

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

20 ‘‘1.1 This compact shall be known and may be cited

21 as the Jennings Randolph Lake Project Compact.

22 ‘‘1.2 The legislative bodies of the respective signatory

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

24 Engineers, hereby find and declare:
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1 ‘‘1. The water resources and project lands of the Jen2 nings Randolph Lake Project are affected with local,

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

4 conservation, utilization, protection and management of

5 these resources, under appropriate arrangements for inter6 governmental cooperation, are public purposes of the re7 spective signatory parties.

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

9 Lake Project are subject to the sovereign rights and re10 sponsibilities of the signatory parties, and it is the purpose

11 of this compact that, notwithstanding any boundary be12 tween Maryland and West Virginia that preexisted the cre13 ation of Jennings Randolph Lake, the parties will have

14 and exercise concurrent jurisdiction over any lands and

15 waters of the Jennings Randolph Lake Project concerning

16 natural resources and boating laws and regulations in the

17 common interest of the people of the region.

18 ‘‘Article II—District Responsibilities

19 ‘‘The District, within the Jennings Randolph Lake

20 Project,

21 ‘‘2.1 Acknowledges that the Maryland DNR and

22 West Virginia DNR have authorities and responsibilities

23 in the establishment, administration and enforcement of

24 the natural resources and boating laws and regulations ap25 plicable to this project, provided that the laws and regula-
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1 tions promulgated by the States support and implement,

2 where applicable, the intent of the Rules and Regulations

3 Governing Public Use of Water Resources Development

4 Projects administered by the Chief of Engineers in Title

5 36, Chapter RI, Part 327, Code of Federal Regulations,

6 ‘‘2.2 Agrees to practice those forms of resource man7 agement as determined jointly by the District, Maryland

8 DNR and West Virginia DNR to be beneficial to natural

9 resources and which will enhance public recreational op10 portunities compatible with other authorized purposes of

11 the project,

12 ‘‘2.3 Agrees to consult with the Maryland DNR and

13 West Virginia DNR prior to the issuance of any permits

14 for activities or special events which would include, but

15 not necessarily be limited to: fishing tournaments, training

16 exercises, regattas, marine parades, placement of ski

17 ramps, slalom water ski courses and the establishment of

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

19 by the District will require the permittee to comply with

20 all State laws and regulations,

21 ‘‘2.4 Agrees to consult with the Maryland DNR and

22 West Virginia DNR regarding any recommendations for

23 regulations affecting natural resources, including, but not

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

25 Jennings Randolph Lake Project which the District be-
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1 lieves might be desirable for reasons of public safety, ad2 ministration of public use and enjoyment,

3 ‘‘2.5 Agrees to consult with the Maryland DNR and

4 West Virginia DNR relative to the marking of the lake

5 with buoys, aids to navigation, regulatory markers and es6 tablishing and posting of speed limits, no wake zones, re7 stricted or other control areas and to provide, install and

8 maintain such buoys, aids to navigation and regulatory

9 markers as are necessary for the implementation of the

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

11 to navigation and regulatory markers to be used shall be

12 marked in conformance with the Uniform State Waterway

13 Marking System,

14 ‘‘2.6 Agrees to allow hunting, trapping, boating and

15 fishing by the public in accordance with the laws and regu16 lations relating to the Jennings Randolph Lake Project,

17 ‘‘2.7 Agrees to provide, install and maintain public

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

19 by the approved Corps of Engineers Master Plan, and

20 ‘‘2.8 Agrees to notify the Maryland DNR and the

21 West Virginia DNR of each reservoir drawdown prior

22 thereto excepting drawdown for the reestablishment of

23 normal lake levels following flood control operations and

24 drawdown resulting from routine water control manage25 ment operations described in the reservoir regulation man-
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1 ual including releases requested by water supply owners

2 and normal water quality releases. In case of emergency

3 releases or emergency flow curtailments, telephone or oral

4 notification will be provided. The District reserves the

5 right, following issuance of the above notice, to make oper6 ational and other tests which may be necessary to insure

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

8 and maintenance purposes, and for the gathering of water

9 quality data both within the impoundment and in the Po10 tomac River downstream from the dam.

11 ‘‘Article III—State Responsibilities

12 ‘‘The State of Maryland and the State of West Vir13 ginia agree:

14 ‘‘3.1 That each State will have and exercise concur15 rent jurisdiction with the District and the other State for

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

17 respective States pertaining to natural resources and boat18 ing laws and regulations over any lands and waters of the

19 Jennings Randolph Lake Project;

20 ‘‘3.2 That existing natural resources and boating

21 laws and regulations already in effect in each State shall

22 remain in force on the Jennings Randolph Lake Project

23 until either State amends, modifies or rescinds its laws

24 and regulations;
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1 ‘‘3.3 That the Agreement for Fishing Privileges dated

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

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

4 and effect;

5 ‘‘3.4 To enforce the natural resources and boating

6 laws and regulations applicable to the Jennings Randolph

7 Lake Project;

8 ‘‘3.5 To supply the District with the name, address

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

10 when any drawdown except those resulting from normal

11 regulation procedures occurs;

12 ‘‘3.6 To inform the Reservoir Manager of all emer13 gencies or unusual activities occurring on the Jennings

14 Randolph Lake Project;

15 ‘‘3.7 To provide training to District employees in

16 order to familiarize them with natural resources and boat17 ing laws and regulations as they apply to the Jennings

18 Randolph Lake Project; and

19 ‘‘3.8 To recognize that the District and other Federal

20 Agencies have the right and responsibility to enforce, with21 in the boundaries of the Jennings Randolph Lake Project,

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

23 provide the public with safe and healthful recreational op24 portunities and to provide protection to all federal prop25 erty within the project.
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1 ‘‘Article IV—Mutual Cooperation

2 ‘‘4.1 Pursuant to the aims and purposes of this Com3 pact, the State of Maryland, the State of West Virginia

4 and the District mutually agree that representatives of

5 their natural resource management and enforcement agen6 cies will cooperate to further the purposes of this Com7 pact. This cooperation includes, but is not limited to, the

8 following:

9 ‘‘4.2 Meeting jointly at least once annually, and pro10 viding for other meetings as deemed necessary for discus11 sion of matters relating to the management of natural re12 sources and visitor use on lands and waters within the

13 Jennings Randolph Lake Project;

14 ‘‘4.3 Evaluating natural resources and boating, to de15 velop natural resources and boating management plans

16 and to initiate and carry out management programs;

17 ‘‘4.4 Encouraging the dissemination of joint publica18 tions, press releases or other public information and the

19 interchange between parties of all pertinent agency poli20 cies and objectives for the use and perpetuation of natural

21 resources of the Jennings Randolph Lake Project; and

22 ‘‘4.5 Entering into working arrangements as occasion

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

24 use of buildings and other facilities at the project.
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1 ‘‘Article V—General Provisions

2 ‘‘5.1 Each and every provision of this Compact is sub3 ject to the laws of the States of Maryland and West Vir4 ginia and the laws of the United States, and the delegated

5 authority in each instance.

6 ‘‘5.2 The enforcement and applicability of natural re7 sources and boating laws and regulations referenced in

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

9 the Jennings Randolph Lake Project, including but not

10 limited to the prevailing reciprocal fishing laws and regu11 lations between the States of Maryland and West Virginia.

12 ‘‘5.3 Nothing in this Compact shall be construed as

13 obligating any party hereto to the expenditure of funds

14 or the future payment of money in excess of appropria15 tions authorized by law.

16 ‘‘5.4 The provisions of this Compact shall be sever17 able, and if any phrase, clause, sentence or provision of

18 the Jennings Randolph Lake Project Compact is declared

19 to be unconstitutional or inapplicable to any signatory

20 party or agency of any party, the constitutionality and ap21 plicability of the Compact shall not be otherwise affected

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

23 intent that the provisions of the Compact be reasonably

24 and liberally construed to effectuate the stated purposes

25 of the Compact.
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1 ‘‘5.5 No member of or delegate to Congress, or signa2 tory shall be admitted to any share or part of this Com3 pact, or to any benefit that may arise therefrom; but this

4 provision shall not be construed to extend to this agree5 ment if made with a corporation for its general benefit.

6 ‘‘5.6 When this Compact has been ratified by the leg7 islature of each respective State, when the Governor of

8 West Virginia and the Governor of Maryland have exe9 cuted this Compact on behalf of their respective States

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

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

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

13 has executed its concurrence with this Compact, and when

14 this Compact has been consented to by the Congress of

15 the United States, then this Compact shall become opera16 tive and effective.

17 ‘‘5.7 Either State may, by legislative act, after one

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

19 Compact. The U.S. Army Corps of Engineers may with20 draw its concurrence with this Compact upon one year’s

21 written notice from the Baltimore District Engineer to the

22 Governor of each State.

23 ‘‘5.8 This Compact may be amended from time to

24 time. Each proposed amendment shall be presented in res25 olution form to the Governor of each State and the Balti-
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1 more District Engineer of the U.S. Army Corps of Engi2 neers. An amendment to this Compact shall become effec3 tive only after it has been ratified by the legislatures of

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

5 Corps of Engineers, Baltimore District. Amendments shall

6 become effective thirty days after the date of the last con7 currence or ratification.’’.

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

9 resolution is hereby expressly reserved. The consent grant10 ed by this joint resolution shall not be construed as im11 pairing or in any manner affecting any right or jurisdic12 tion of the United States in and over the region which

13 forms the subject of the compact.

Æ