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ACF Basin for the purposes of, but not limited to,
minimizing adverse impacts of floods and droughts
and improving water quality, water supply, and con-
servation as may be deemed necessary by the Com-
mission;
‘‘(8) to participate with other governmental and
non-governmental entities in carrying out the pur-
poses of this Compact;
‘‘(9) to conduct studies, to generate information
regarding the water resources of the ACF Basin,
and to share this information among the Commis-
sion members and with others;
‘‘(10) to cooperate with appropriate state, fed-
eral, and local agencies or any other person in the
development, ownership, sponsorship, and operation
of water resource facilities in the ACF Basin; pro-
vided, however, that the Commission shall not own
or operate a federally-owned water resource facility
unless authorized by the United States Congress;
‘‘(11) to acquire, receive, hold and convey such
personal and real property as may be necessary for
the performance of its duties under the Compact;
provided, however, that nothing in this Compact
shall be construed as granting the ACF Basin Com-
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mission authority to issue bonds or to exercise any
right of eminent domain or power of condemnation;
‘‘(12) to establish and modify an allocation for-
mula for apportioning the surface waters of the ACF
Basin among the states of Alabama, Florida and
Georgia; and
‘‘(13) to perform all functions required of it by
this Compact and to do all things necessary, proper
or convenient in the performance of its duties here-
under, either independently or in cooperation with
any state or the United States.
‘‘ARTICLE VII
‘‘EQUITABLE APPORTIONMENT
‘‘(a) It is the intent of the parties to this Compact
to develop an allocation formula for equitably apportioning
the surface waters of the ACF Basin among the states
while protecting the water quality, ecology and biodiversity
of the ACF, as provided in the Clean Water Act, 33
U.S.C. Sections 1251 et seq., the Endangered Species Act,
16 U.S.C. Sections 1532 et seq., the National Environ-
mental Policy Act, 42 U.S.C. Sections 4321 et seq., the
Rivers and Harbors Act of 1899, 33 U.S.C. Sections 401
et seq., and other applicable federal laws. For this pur-
pose, all members of the ACF Basin Commission, includ-
ing the Federal Commissioner, shall have full rights to no-
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tice of and participation in all meetings of the ACF Basin
Commission and technical committees in which the basis
and terms and conditions of the allocation formula are to
be discussed or negotiated. When an allocation formula
is unanimously approved by the State Commissioners,
there shall be an agreement among the states regarding
an allocation formula. The allocation formula thus agreed
upon shall become effective and binding upon the parties
to this Compact upon receipt by the Commission of a let-
ter of concurrence with said formula from the Federal
Commissioner. If, however, the Federal Commissioner
fails to submit a letter of concurrence to the Commission
within two hundred ten (210) days after the allocation for-
mula is agreed upon by the State Commissioners, the Fed-
eral Commissioner shall within forty-five (45) days there-
after submit to the ACF Basin Commission a letter of
nonconcurrence with the allocation formula setting forth
therein specifically and in detail the reasons for non-
concurrence; provided, however, the reasons for non-
concurrence as contained in the letter of nonconcurrence
shall be based solely upon federal law. The allocation for-
mula shall also become effective and binding upon the par-
ties to this Compact if the Federal Commissioner fails to
submit to the ACF Basin Commission a letter of non-
concurrence in accordance with this Article. Once adopted
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pursuant to this Article, the allocation formula may only
be modified by unanimous decision of the State Commis-
sioners and the concurrence by the Federal Commissioner
in accordance with the procedures set forth in this Article.
‘‘(b) The parties to this Compact recognize that the
United States operates certain projects within the ACF
Basin that may influence the water resources within the
ACF Basin. The parties to this Compact further acknowl-
edge and recognize that various agencies of the United
States have responsibilities for administering certain fed-
eral laws and exercising certain federal powers that may
influence the water resources within the ACF Basin. It
is the intent of the parties to this Compact, including the
United States, to achieve compliance with the allocation
formula adopted in accordance with this Article. Accord-
ingly, once an allocation formula is adopted, each and
every officer, agency, and instrumentality of the United
States shall have an obligation and duty, to the maximum
extent practicable, to exercise their powers, authority, and
discretion in a manner consistent with the allocation for-
mula so long as the exercise of such powers, authority,
and discretion is not in conflict with federal law.
‘‘(c) Between the effective date of this Compact and
the approval of the allocation formula under this Article,
the signatories to this Compact agree that any person who
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is withdrawing, diverting, or consuming water resources
of the ACF Basin as of the effective date of this Compact,
may continue to withdraw, divert or consume such water
resources in accordance with the laws of the state where
such person resides or does business and in accordance
with applicable federal laws. The parties to this Compact
further agree that any such person may increase the
amount of water resources withdrawn, diverted or
consumed to satisfy reasonable increases in the demand
of such person for water between the effective date of this
Compact and the date on which an allocation formula is
approved by the ACF Basin Commission as permitted by
applicable law. Each of the state parties to this Compact
further agree to provide written notice to each of the other
parties to this Compact in the event any person increases
the withdrawal, diversion or consumption of such water
resources by more than 10 million gallons per day on an
average annual daily basis, or in the event any person,
who was not withdrawing, diverting or consuming any
water resources from the ACF Basin as of the effective
date of this Compact, seeks to withdraw, divert or
consume more than one million gallons per day on an aver-
age annual daily basis from such resources. This Article
shall not be construed as granting any permanent, vested
or perpetual rights to the amounts of water used between
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January 3, 1992 and the date on which the Commission
adopts an allocation formula.
‘‘(d) As the owner, operator, licensor, permitting au-
thority or regulator of a water resource facility under its
jurisdiction, each state shall be responsible for using its
best efforts to achieve compliance with the allocation for-
mula adopted pursuant to this Article. Each such state
agrees to take such actions as may be necessary to achieve
compliance with the allocation formula.
‘‘(e) This Compact shall not commit any state to
agree to any data generated by any study or commit any
state to any allocation formula not acceptable to such
state.
‘‘ARTICLE VIII
‘‘CONDITIONS RESULTING IN TERMINATION OF
THE COMPACT
‘‘(a) This Compact shall be terminated and thereby
be void and of no further force and effect if any of the
following events occur:
‘‘(1) The legislatures of the states of Alabama,
Florida and Georgia each agree by general laws en-
acted by each state within any three consecutive
years that this Compact should be terminated.
‘‘(2) The United States Congress enacts a law
expressly repealing this Compact.
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‘‘(3) The States of Alabama, Florida and Geor-
gia fail to agree on an equitable apportionment of
the surface waters of the ACF as provided in Article
VII(a) of this Compact by December 31, 1998, un-
less the voting members of the ACF Basin Commis-
sion unanimously agree to extend this deadline.
‘‘(4) The Federal Commissioner submits to the
Commission a letter of nonconcurrence in the initial
allocation formula in accordance with Article VII(a)
of the Compact, unless the voting members of the
ACF Basin Commission unanimously agree to allow
a single 45 day period in which the non-voting Fed-
eral Commissioner and the voting State Commis-
sioners may renegotiate an allocation formula and
the Federal Commissioner withdraws the letter of
nonconcurrence upon completion of this renegoti-
ation.
‘‘(b) If the Compact is terminated in accordance with
this Article it shall be of no further force and effect and
shall not be the subject of any proceeding for the enforce-
ment thereof in any federal or state court. Further, if so
terminated, no party shall be deemed to have acquired a
specific right to any quantity of water because it has be-
come a signatory to this Compact.
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‘‘ARTICLE IX
‘‘COMPLETION OF STUDIES PENDING
ADOPTION OF ALLOCATION FORMULA
‘‘The ACF Basin Commission, in conjunction with
one or more interstate, federal, state or local agencies, is
hereby authorized to participate in any study in process
as of the effective date of this Compact, including, without
limitation, all or any part of the Alabama-Coosa-
Tallapoosa/Apalachicola-Chattahoochee-Flint River Basin
Comprehensive Water Resource Study, as may be deter-
mined by the Commission in its sole discretion.
‘‘ARTICLE X
‘‘RELATIONSHIP TO OTHER LAWS
‘‘(a) It is the intent of the party states and of the
United States Congress by ratifying this Compact, that
all state and federal officials enforcing, implementing or
administering other state and federal laws affecting the
ACF Basin shall, to the maximum extent practicable, en-
force, implement or administer those laws in furtherance
of the purposes of this Compact and the allocation formula
adopted by the Commission insofar as such actions are
not in conflict with applicable federal laws.
‘‘(b) Nothing contained in this Compact shall be
deemed to restrict the executive powers of the President
in the event of a national emergency.
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‘‘(c) Nothing contained in this Compact shall impair
or affect the constitutional authority of the United States
or any of its powers, rights, functions or jurisdiction under
other existing or future laws in and over the area or wa-
ters which are the subject of the Compact, including
projects of the Commission, nor shall any act of the Com-
mission have the effect of repealing, modifying or amend-
ing any federal law. All officers, agencies and instrumen-
talities of the United States shall exercise their powers and
authority over water resources in the ACF Basin and
water resource facilities, and to the maximum extent prac-
ticable, shall exercise their discretion in carrying out their
responsibilities, powers, and authorities over water re-
sources in the ACF Basin and water resource facilities in
the ACF Basin in a manner consistent with and that effec-
tuates the allocation formula developed pursuant to this
Compact or any modification of the allocation formula so
long as the actions are not in conflict with any applicable
federal law. The United States Army Corps of Engineers,
or its successors, and all other federal agencies and instru-
mentalities shall cooperate with the ACF Basin Commis-
sion in accomplishing the purposes of the Compact and
fulfilling the obligations of each of the parties to the Com-
pact regarding the allocation formula.
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‘‘(d) Once adopted by the three states and ratified
by the United States Congress, this Compact shall have
the full force and effect of federal law, and shall supersede
state and local laws operating contrary to the provisions
herein or the purposes of this Compact; provided, however,
nothing contained in this Compact shall be construed as
affecting or intending to affect or in any way to interfere
with the laws of the respective signatory states relating
to water quality, and riparian rights as among persons ex-
clusively within each state.
‘‘ARTICLE XI
‘‘PUBLIC PARTICIPATION
‘‘All meetings of the Commission shall be open to the
public. The signatory parties recognize the importance and
necessity of public participation in activities of the Com-
mission, including the development and adoption of the
initial allocation formula and any modification thereto.
Prior to the adoption of the initial allocation formula, the
Commission shall adopt procedures ensuring public par-
ticipation in the development, review, and approval of the
initial allocation formula and any subsequent modification
thereto. At a minimum, public notice to interested parties
and a comment period shall be provided. The Commission
shall respond in writing to relevant comments.
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‘‘ARTICLE XII
‘‘FUNDING AND EXPENSES OF THE
COMMISSION
‘‘Commissioners shall serve without compensation
from the ACF Basin Commission. All general operational
funding required by the Commission and agreed to by the
voting members shall obligate each state to pay an equal
share of such agreed upon funding. Funds remitted to the
Commission by a state in payment of such obligation shall
not lapse; provided, however, that if any state fails to
remit payment within 90 days after payment is due, such
obligation shall terminate and any state which has made
payment may have such payment returned. Costs of at-
tendance and participation at meetings of the Commission
by the Federal Commissioner shall be paid by the United
States.
‘‘ARTICLE XIII
‘‘DISPUTE RESOLUTION
‘‘(a) In the event of a dispute between two or more
voting members of this Compact involving a claim relating
to compliance with the allocation formula adopted by the
Commission under this Compact, the following procedures
shall govern:
‘‘(1) Notice of claim shall be filed with the
Commission by a voting member of this Compact
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and served upon each member of the Commission.
The notice shall provide a written statement of the
claim, including a brief narrative of the relevant
matters supporting the claimant’s position.
‘‘(2) Within twenty (20) days of the Commis-
sion’s receipt of a written statement of a claim, the
party or parties to the Compact against whom the
complaint is made may prepare a brief narrative of
the relevant matters and file it with the Commission
and serve it upon each member of the Commission.
‘‘(3) Upon receipt of a claim and any response
or responses thereto, the Commission shall convene
as soon as reasonably practicable, but in no event
later than twenty (20) days from receipt of any re-
sponse to the claim, and shall determine if a resolu-
tion of the dispute is possible.
‘‘(4) A resolution of a dispute under this Article
through unanimous vote of the State Commissioners
shall be binding upon the state parties and any state
party determined to be in violation of the allocation
formula shall correct such violation without delay.
‘‘(5) If the Commission is unable to resolve the
dispute within 10 days from the date of the meeting
convened pursuant to subparagraph (a)(3) of this
Article, the Commission shall select, by unanimous
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decision of the voting members of the Commission,
an independent mediator to conduct a non-binding
mediation of the dispute. The mediator shall not be
a resident or domiciliary of any member state, shall
not be an employee or agent of any member of the
Commission, shall be a person knowledgeable in
water resource management issues, and shall dis-
close any and all current or prior contractual or
other relations to any member of the Commission.
The expenses of the mediator shall be paid by the
Commission. If the mediator becomes unwilling or
unable to serve, the Commission by unanimous deci-
sion of the voting members of the Commission, shall
appoint another independent mediator.
‘‘(6) If the Commission fails to appoint an inde-
pendent mediator to conduct a non-binding medi-
ation of the dispute within seventy-five (75) days of
the filing of the original claim or within thirty (30)
days of the date on which the Commission learns
that a mediator is unwilling or unable to serve, the
party submitting the claim shall have no further ob-
ligation to bring the claim before the Commission
and may proceed by pursuing any appropriate rem-
edies, including any and all judicial remedies.
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‘‘(7) If an independent mediator is selected, the
mediator shall establish the time and location for the
mediation session or sessions and may request that
each party to the Compact submit, in writing, to the
mediator a statement of its position regarding the
issue or issues in dispute. Such statements shall not
be exchanged by the parties except upon the unani-
mous agreement of the parties to the mediation.
‘‘(8) The mediator shall not divulge confidential
information disclosed to the mediator by the parties
or by witnesses, if any, in the course of the medi-
ation. All records, reports, or other documents re-
ceived by a mediator while serving as a mediator
shall be considered confidential. The mediator shall
not be compelled in any adversary proceeding or ju-
dicial forum to divulge the contents of such docu-
ments or the fact that such documents exist or to
testify in regard to the mediation.
‘‘(9) Each party to the mediation shall maintain
the confidentiality of the information received during
the mediation and shall not rely on or introduce in
any judicial proceeding as evidence:
‘‘a. Views expressed or suggestions made
by another party regarding a settlement of the
dispute;
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‘‘b. Proposals made or views expressed by
the mediator; or
‘‘c. The fact that another party to the
hearing had or had not indicated a willingness
to accept a proposal for settlement of the dis-
pute.
‘‘(10) The mediator may terminate the non-
binding mediation session or sessions whenever, in
the judgment of the mediator, further efforts to re-
solve the dispute would not lead to a resolution of
the dispute between or among the parties. Any party
to the dispute may terminate the mediation process
at any time by giving written notification to the me-
diator and the Commission. If terminated prior to
reaching a resolution, the party submitting the origi-
nal claim to the Commission shall have no further
obligation to bring its claim before the Commission
and may proceed by pursuing any appropriate rem-
edies, including any and all judicial remedies.
‘‘(11) The mediator shall have no authority to
require the parties to enter into a settlement of any
dispute regarding the Compact. The mediator may
simply attempt to assist the parties in reaching a
mutually acceptable resolution of their dispute. The
mediator is authorized to conduct joint and separate
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meetings with the parties to the mediation and to
make oral or written recommendations for a settle-
ment of the dispute.
‘‘(12) At any time during the mediation proc-
ess, the Commission is encouraged to take whatever
steps it deems necessary to assist the mediator or
the parties to resolve the dispute.
‘‘(13) In the event of a proceeding seeking en-
forcement of the allocation formula, this Compact
creates a cause of action solely for equitable relief.
No action for money damages may be maintained.
The party or parties alleging a violation of the Com-
pact shall have the burden of proof.
‘‘(b) In the event of a dispute between any voting
member and the United States relating to a state’s non-
compliance with the allocation formula as a result of ac-
tions or a refusal to act by officers, agencies or instrumen-
talities of the United States, the provisions set forth in
paragraph (a) of this Article (other than the provisions
of subparagraph (a)(4)) shall apply.
‘‘(c) The United States may initiate dispute resolu-
tion under paragraph (a) in the same manner as other
parties to this Compact.
‘‘(d) Any signatory party who is affected by any ac-
tion of the Commission, other than the adoption or en-
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forcement of or compliance with the allocation formula,
may file a complaint before the ACF Basin Commission
seeking to enforce any provision of this Compact.
‘‘(1) The Commission shall refer the dispute to
an independent hearing officer or mediator, to con-
duct a hearing or mediation of the dispute. If the
parties are unable to settle their dispute through
mediation, a hearing shall be held by the Commis-
sion or its designated hearing officer. Following a
hearing conducted by a hearing officer, the hearing
officer shall submit a report to the Commission set-
ting forth findings of fact and conclusions of law,
and making recommendations to the Commission for
the resolution of the dispute.
‘‘(2) The Commission may adopt or modify the
recommendations of the hearing officer within 60
days of submittal of the report. If the Commission
is unable to reach unanimous agreement on the reso-
lution of the dispute within 60 days of submittal of
the report with the concurrence of the Federal Com-
missioner in disputes involving or affecting federal
interests, the affected party may file an action in
any court of competent jurisdiction to enforce the
provisions of this Compact. The hearing officer’s re-
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port shall be of no force and effect and shall not be
admissible as evidence in any further proceedings.
‘‘(e) All actions under this Article shall be subject to
the following provisions:
‘‘(1) The Commission shall adopt guidelines
and procedures for the appointment of hearing offi-
cers or independent mediators to conduct all hear-
ings and mediations required under this Article. The
hearing officer or mediator appointed under this Ar-
ticle shall be compensated by the Commission.
‘‘(2) All hearings or mediations conducted
under this article may be conducted utilizing the
Federal Administrative Procedures Act, the Federal
Rules of Civil Procedure, and the Federal Rules of
Evidence. The Commission may also choose to adopt
some or all of its own procedural and evidentiary
rules for the conduct of hearings or mediations
under this Compact.
‘‘(3) Any action brought under this Article shall
be limited to equitable relief only. This Compact
shall not give rise to a cause of action for money
damages.
‘‘(4) Any signatory party bringing an action be-
fore the Commission under this Article shall have
the burdens of proof and persuasion.
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‘‘ARTICLE XIV
‘‘ENFORCEMENT
‘‘The Commission may, upon unanimous decision,
bring an action against any person to enforce any provi-
sion of this Compact, other than the adoption or enforce-
ment of or compliance with the allocation formula, in any
court of competent jurisdiction.
‘‘ARTICLE XV
‘‘IMPACTS ON OTHER STREAM SYSTEMS
‘‘This Compact shall not be construed as establishing
any general principle or precedent applicable to any other
interstate streams.
‘‘ARTICLE XVI
‘‘IMPACT OF COMPACT ON USE OF WATER
WITHIN THE BOUNDARIES OF THE COM-
PACTING STATES
‘‘The provisions of this Compact shall not interfere
with the right or power of any state to regulate the use
and control of water within the boundaries of the state,
providing such state action is not inconsistent with the al-
location formula.
‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama, Florida, and Georgia
mutually agree to the principle of individual State efforts
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to control man-made water pollution from sources located
and operating within each State and to the continuing
support of each State in active water pollution control pro-
grams.
‘‘(b) The States of Alabama, Florida, and Georgia
agree to cooperate, through their appropriate State agen-
cies, in the investigation, abatement, and control of
sources of alleged interstate pollution within the ACF
River Basin whenever such sources are called to their at-
tention by the Commission.
‘‘(c) The States of Alabama, Florida, and Georgia
agree to cooperate in maintaining the quality of the waters
of the ACF River Basin.
‘‘(d) The States of Alabama, Florida, and Georgia
agree that no State may require another state to provide
water for the purpose of water quality control as a sub-
stitute for or in lieu of adequate waste treatment.
‘‘ARTICLE XVIII
‘‘EFFECT OF OVER OR UNDER DELIVERIES
UNDER THE COMPACT
‘‘No state shall acquire any right or expectation to
the use of water because of any other state’s failure to
use the full amount of water allocated to it under this
Compact.
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‘‘ARTICLE XIX
‘‘SEVERABILITY
‘‘If any portion of this Compact is held invalid for
any reason, the remaining portions, to the fullest extent
possible, shall be severed from the void portion and given
the fullest possible force, effect, and application.
‘‘ARTICLE XX
‘‘NOTICE AND FORMS OF SIGNATURE
‘‘Notice of ratification of this Compact by the legisla-
ture of each state shall promptly be given by the Governor
of the ratifying state to the Governors of the other partici-
pating states. When all three state legislatures have rati-
fied the Compact, notice of their mutual ratification shall
be forwarded to the Congressional delegation of the signa-
tory states for submission to the Congress of the United
States for ratification. When the Compact is ratified by
the Congress of the United States, the President, upon
signing the Federal ratification legislation, shall promptly
notify the Governors of the participating states and ap-
point the Federal Commissioner. The Compact shall be
signed by all four Commissioners as their first order of
business at their first meeting and shall be filed of record
in the party states.’’.
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SEC. 2. INCONSISTENCY OF LANGUAGE.
The validity of the compact consented to by this Act
shall not be affected by any insubstantial difference in its
form or language as adopted by the States.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolu-
tion is hereby expressly reserved.
SEC. 4. RESERVATIONS.
To ensure participation of Federal agencies during
the development of the allocation formula and participa-
tion in all technical working groups and meetings in which
the terms and conditions of the allocation formula are ne-
gotiated and to preserve Federal discretion under law, the
consent of Congress to, and participation of the United
States in, the Apalachicola-Chattahoochee-Flint River
Basin Compact, is subject to the following conditions and
reservations:
(1) Representatives of any Federal agency may
attend any and all meetings of the Commission.
(2) Upon the request of the Federal Commis-
sioner, representatives of any Federal agency may
participate in any meetings of technical committees,
if any, of the Commission at which the basis or
terms and conditions of the allocation formula or
modifications to the allocation formula are to be dis-
cussed or negotiated.
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(3) The Federal Commissioner shall be given
notice of any meeting of the Commission or any
meeting of technical committees, if any, of the Com-
mission at which compliance with the allocation for-
mula by one or more officers, agencies, or instru-
mentalities of the United States is to be discussed.
(4) Under the provisions of Article VII(a), the
Federal Commissioner may submit a letter of con-
currence with the allocation formula unanimously
adopted by the State Commissioners within 255
days of such adoption.
(5) No mediator shall be selected under Article
XIII(b) or Article XIII(c) without the concurrence of
the Federal Commissioner and no resolution of a
dispute under Article XIII(c) shall be made binding
on the United States without the concurrence of the
Federal Commissioner.
(6) The obligations of employees, agencies, and
instrumentalities of the United States pursuant to
Articles VII(b), X(a), and X(c) to exercise their dis-
cretion, to the maximum extent practicable, in a
manner consistent with the allocation formula shall
not be construed to interfere with the ability of such
employees, agencies, and instrumentalities to take
actions during emergency situations.
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(7) As among water right holders within any
one State, nothing in this Compact shall be con-
strued as affecting or intending to affect or in any
way to interfere with the laws of the respective sig-
natory States relating to riparian rights of the Unit-
ed States in and to the waters of the Apalachicola-
Chattahoochee-Flint River Basin.
SEC. 5. EFFECTUATION.
(a) FEDERAL AGENCY AUTHORITY.—To carry out
the purposes of this Compact, Federal agencies are au-
thorized, as they may deem appropriate—
(1) to engage in cooperative relationships with
the Commission;
(2) to conduct studies and monitoring programs
in cooperation with the Commission;
(3) to enter into agreements to indemnify pri-
vate landowners against liability that may arise from
studies and monitoring programs undertaken in co-
operation with the Commission; and
(4) to furnish assistance, including the provi-
sion of services, facilities, and personnel, to the Fed-
eral Commissioner.
(b) APPROPRIATIONS.—Appropriations are author-
ized as necessary for implementing the Compact, including
appropriations for carrying out the functions of the Fed-
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eral Commissioner and alternates and for employment of
personnel by the Federal Commissioner.
Passed the House of Representatives November 4,
1997.
Attest:
ROBIN H. CARLE,
Clerk.