IB
House Calendar No. 123
105TH CONGRESS
1ST SESSION
H. J. RES. 91
Granting the consent of Congress to the Apalachicola-Chattahoochee-Flint
River Basin Compact.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1997
Mr. BARR
of Georgia (for himself, Mr. CALLAHAN, Mr. BOYD, Mr.
ADERHOLT, Mr. BACHUS, Mr. BISHOP, Ms. BROWN of Florida, Mr.
CANADY of Florida, Mr. CHAMBLISS, Mr. COLLINS, Mr. CRAMER, Mr.
DAVIS of Florida, Mr. DEAL of Georgia, Mr. DEUTSCH, Mr. EVERETT,
Mr. FOLEY, Mrs. FOWLER, Mr. GINGRICH, Mr. GOSS, Mr. HILLIARD,
Mr. KINGSTON, Mr. LEWIS of Georgia, Mr. LINDER, Mr. MCCOLLUM,
Mrs. MEEK of Florida, Mr. NORWOOD, Mr. RILEY, Mrs. THURMAN, and
Mr. WEXLER) introduced the following joint resolution; which was re-
ferred to the Committee on the Judiciary
OCTOBER 31, 1997
Reported with an amendment, referred to the House Calendar, and ordered
to be printed
[Strike out all after the resolving clause and insert the part printed in italic]
[For text of introduced joint resolution, see copy of joint resolution as introduced on July 31,
1997]
JOINT RESOLUTION
Granting the consent of Congress to the Apalachicola-
Chattahoochee-Flint River Basin Compact.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Apalachicola-Chattahoo-
chee-Flint River Basin Compact entered into by the States
of Alabama, Florida, and Georgia. The Compact is substan-
tially as follows:
‘‘Apalachicola-Chattahoochee-Flint River
Basin Compact
‘‘The States of Alabama, Florida and Georgia and the
United States of America hereby agree to the following com-
pact which shall become effective upon enactment of concur-
rent legislation by each respective state legislature and the
Congress of the United States.
‘‘SHORT TITLE
‘‘This Act shall be known and may be cited as the
‘Apalachicola-Chattahoochee-Flint River Basin Compact’
and shall be referred to hereafter in this document as the
‘ACF Compact’ or ‘Compact’.
‘‘ARTICLE I
‘‘COMPACT PURPOSES
‘‘This Compact among the States of Alabama, Florida
and Georgia and the United States of America has been
entered into for the purposes of promoting interstate comity,
removing causes of present and future controversies, equi-
tably apportioning the surface waters of the ACF, engaging
in water planning, and developing and sharing common
data bases.
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‘‘ARTICLE II
‘‘SCOPE OF THE COMPACT
‘‘This Compact shall extend to all of the waters arising
within the drainage basin of the ACF in the states of Ala-
bama, Florida and Georgia.
‘‘ARTICLE III
‘‘PARTIES
‘‘The parties to this Compact are the states of Ala-
bama, Florida and Georgia and the United States of Amer-
ica.
‘‘ARTICLE IV
‘‘DEFINITIONS
‘‘For the purposes of this Compact, the following
words, phrases and terms shall have the following meanings:
‘‘(a) ‘ACF Basin’ or ‘ACF’ means the area of natural
drainage into the Apalachicola River and its tributaries,
the Chattahoochee River and its tributaries, and the Flint
River and its tributaries. Any reference to the rivers within
this Compact will be designated using the letters ‘ACF’ and
when so referenced will mean each of these three rivers and
each of the tributaries to each such river.
‘‘(b) ‘Allocation formula’ means the methodology, in
whatever form, by which the ACF Basin Commission deter-
mines an equitable apportionment of surface waters within
the ACF Basin among the three states. Such formula may
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be represented by a table, chart, mathematical calculation
or any other expression of the Commission’s apportionment
of waters pursuant to this compact.
‘‘(c) ‘Commission’ or ‘ACF Basin Commission’ means
the Apalachicola-Chattahoochee-Flint River Basin Commis-
sion created and established pursuant to this Compact.
‘‘(d) ‘Ground waters’ means waters within a saturated
zone or stratum beneath the surface of land, whether or not
flowing through known and definite channels.
‘‘(e) ‘Person’ means any individual, firm, association,
organization, partnership, business, trust, corporation, pub-
lic corporation, company, the United States of America,
any state, and all political subdivisions, regions, districts,
municipalities, and public agencies thereof.
‘‘(f) ‘Surface waters’ means waters upon the surface
of the earth, whether contained in bounds created naturally
or artificially or diffused. Water from natural springs shall
be considered ‘surface waters’ when it exits from the spring
onto the surface of the earth.
‘‘(g) ‘United States’ means the executive branch of the
government of the United States of America, and any de-
partment, agency, bureau or division thereof.
‘‘(h) ‘Water Resource Facility’ means any facility or
project constructed for the impoundment, diversion, reten-
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tion, control or regulation of waters within the ACF Basin
for any purpose.
‘‘(i) ‘Water resources,’ or ‘waters’ means all surface
waters and ground waters contained or otherwise originat-
ing within the ACF Basin.
‘‘ARTICLE V
‘‘CONDITIONS PRECEDENT TO LEGAL VIABILITY
OF THE COMPACT
‘‘This Compact shall not be binding on any party until
it has been enacted into law by the legislatures of the states
of Alabama, Florida and Georgia and by the Congress of
the United States of America.
‘‘ARTICLE VI
‘‘ACF BASIN COMMISSION CREATED
‘‘(a) There is hereby created an interstate administra-
tive agency to be known as the ‘ACF Basin Commission.’
The Commission shall be comprised of one member rep-
resenting the state of Alabama, one member representing
the state of Florida, one member representing the state of
Georgia, and one non-voting member representing the Unit-
ed States of America. The state members shall be known
as ‘State Commissioners’ and the federal member shall be
known as ‘Federal Commissioner.’ The ACF Basin Com-
mission is a body politic and corporate, with succession for
the duration of this Compact.
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‘‘(b) The Governor of each of the states shall serve as
the State Commissioner for his or her state. Each State
Commissioner shall appoint one or more alternate members
and one of such alternates as designated by the State Com-
missioner shall serve in the State Commissioner’s place and
carry out the functions of the State Commissioner, includ-
ing voting on Commission matters, in the event the State
Commissioner is unable to attend a meeting of the Commis-
sion. The alternate members from each state shall be knowl-
edgeable in the field of water resources management. Unless
otherwise provided by law of the state for which an alter-
nate State Commissioner is appointed, each alternate State
Commissioner shall serve at the pleasure of the State Com-
missioner. In the event of a vacancy in the office of an alter-
nate, it shall be filled in the same manner as an original
appointment.
‘‘(c) The President of the United States of America
shall appoint the Federal Commissioner who shall serve as
the representative of all federal agencies with an interest
in the ACF. The President shall also appoint an alternate
Federal Commissioner to attend and participate in the
meetings of the Commission in the event the Federal Com-
missioner is unable to attend meetings. When at meetings,
the alternate Federal Commissioner shall possess all of the
powers of the Federal Commissioner. The Federal Commis-
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sioner and alternate appointed by the President shall serve
until they resign or their replacements are appointed.
‘‘(d) Each state shall have one vote on the ACF Basin
Commission and the Commission shall make all decisions
and exercise all powers by unanimous vote of the three State
Commissioners. The Federal Commissioner shall not have
a vote, but shall attend and participate in all meetings of
the ACF Basin Commission to the same extent as the State
Commissioners.
‘‘(e) The ACF Basin Commission shall meet at least
once a year at a date set at its initial meeting. Such initial
meeting shall take place within ninety days of the ratifica-
tion of the Compact by the Congress of the United States
and shall be called by the chairman of the Commission. Spe-
cial meetings of the Commission may be called at the discre-
tion of the chairman of the Commission and shall be called
by the chairman of the Commission upon written request
of any member of the Commission. All members shall be
notified of the time and place designated for any regular
or special meeting at least five days prior to such meeting
in one of the following ways: by written notice mailed to
the last mailing address given to the Commission by each
member, by facsimile, telegram or by telephone. The Chair-
manship of the Commission shall rotate annually among
the voting members of the Commission on an alphabetical
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basis, with the first chairman to be the State Commissioner
representing the State of Alabama.
‘‘(f) All meetings of the Commission shall be open to
the public.
‘‘(g) The ACF Basin Commission, so long as the exer-
cise of power is consistent with this Compact, shall have
the following general powers:
‘‘(1) to adopt bylaws and procedures governing
its conduct;
‘‘(2) to sue and be sued in any court of com-
petent jurisdiction;
‘‘(3) to retain and discharge professional, tech-
nical, clerical and other staff and such consultants as
are necessary to accomplish the purposes of this Com-
pact;
‘‘(4) to receive funds from any lawful source and
expend funds for any lawful purpose;
‘‘(5) to enter into agreements or contracts, where
appropriate, in order to accomplish the purposes of
this Compact;
‘‘(6) to create committees and delegate respon-
sibilities;
‘‘(7) to plan, coordinate, monitor, and make rec-
ommendations for the water resources of the ACF
Basin for the purposes of, but not limited to, mini-
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mizing adverse impacts of floods and droughts and
improving water quality, water supply, and conserva-
tion as may be deemed necessary by the Commission;
‘‘(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 Commission
members and with others;
‘‘(10) to cooperate with appropriate state, fed-
eral, and local agencies or any other person in the de-
velopment, ownership, sponsorship, and operation of
water resource facilities in the ACF Basin; provided,
however, that the Commission shall not own or oper-
ate 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; pro-
vided, however, that nothing in this Compact shall be
construed as granting the ACF Basin Commission
authority to issue bonds or to exercise any right of
eminent domain or power of condemnation;
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‘‘(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. Sec-
tions 1251 et seq., the Endangered Species Act, 16 U.S.C.
Sections 1532 et seq., the National Environmental Policy
Act, 42 U.S.C. Sections 4321 et seq., the Rivers and Har-
bors Act of 1899, 33 U.S.C. Sections 401 et seq., and other
applicable federal laws. For this purpose, all members of
the ACF Basin Commission, including the Federal Com-
missioner, shall have full rights to notice of and participa-
tion in all meetings of the ACF Basin Commission and
technical committees in which the basis and terms and con-
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ditions of the allocation formula are to be discussed or nego-
tiated. When an allocation formula is unanimously ap-
proved by the State Commissioners, there shall be an agree-
ment 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 letter of concurrence with said for-
mula from the Federal Commissioner. If, however, the Fed-
eral Commissioner fails to submit a letter of concurrence
to the Commission within two hundred ten (210) days after
the allocation formula is agreed upon by the State Commis-
sioners, the Federal Commissioner shall within forty-five
(45) days thereafter submit to the ACF Basin Commission
a letter of nonconcurrence with the allocation formula set-
ting forth therein specifically and in detail the reasons for
nonconcurrence; 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 nonconcur-
rence in accordance with this Article. Once adopted pursu-
ant to this Article, the allocation formula may only be
modified by unanimous decision of the State Commissioners
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and the concurrence by the Federal Commissioner in ac-
cordance 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 discre-
tion in a manner consistent with the allocation formula so
long as the exercise of such powers, authority, and discre-
tion 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 is
withdrawing, diverting, or consuming water resources of the
ACF Basin as of the effective date of this Compact, may
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continue to withdraw, divert or consume such water re-
sources in accordance with the laws of the state where such
person resides or does business and in accordance with ap-
plicable 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 writ-
ten 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, di-
verting or consuming any water resources from the ACF
Basin as of the effective date of this Compact, seeks to with-
draw, divert or consume more than one million gallons per
day on an average annual daily basis from such resources.
This Article shall not be construed as granting any perma-
nent, vested or perpetual rights to the amounts of water
used between January 3, 1992 and the date on which the
Commission adopts an allocation formula.
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‘‘(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 formula
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 ex-
pressly repealing this Compact.
‘‘(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
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VII(a) of this Compact by December 31, 1998, unless
the voting members of the ACF Basin Commission
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 sin-
gle 45 day period in which the non-voting Federal
Commissioner and the voting State Commissioners
may renegotiate an allocation formula and the Fed-
eral Commissioner withdraws the letter of nonconcur-
rence upon completion of this renegotiation.
‘‘(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 become
a signatory to this Compact.
‘‘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
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authorized to participate in any study in process as of the
effective date of this Compact, including, without limita-
tion, all or any part of the Alabama-Coosa-Tallapoosa/Apa-
lachicola-Chattahoochee-Flint River Basin Comprehensive
Water Resource Study, as may be determined by the Com-
mission in its sole discretion.
‘‘ARTICLE X
‘‘RELATIONSHIP TO OTHER LAWS
‘‘(a) It is the intent of the party states and of the Unit-
ed States Congress by ratifying this Compact, that all state
and federal officials enforcing, implementing or administer-
ing other state and federal laws affecting the ACF Basin
shall, to the maximum extent practicable, enforce, imple-
ment or administer those laws in furtherance of the pur-
poses of this Compact and the allocation formula adopted
by the Commission insofar as such actions are not in con-
flict 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.
‘‘(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 waters
which are the subject of the Compact, including projects of
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the Commission, nor shall any act of the Commission have
the effect of repealing, modifying or amending any federal
law. All officers, agencies and instrumentalities of the Unit-
ed States shall exercise their powers and authority over
water resources in the ACF Basin and water resource facili-
ties, and to the maximum extent practicable, shall exercise
their discretion in carrying out their responsibilities, pow-
ers, and authorities over water resources in the ACF Basin
and water resource facilities in the ACF Basin in a manner
consistent with and that effectuates 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 instrumentalities shall cooperate with
the ACF Basin Commission in accomplishing the purposes
of the Compact and fulfilling the obligations of each of the
parties to the Compact regarding the allocation formula.
‘‘(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
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laws of the respective signatory states relating to water
quality, and riparian rights as among persons exclusively
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 ini-
tial allocation formula and any modification thereto. Prior
to the adoption of the initial allocation formula, the Com-
mission shall adopt procedures ensuring public participa-
tion in the development, review, and approval of the initial
allocation formula and any subsequent modification there-
to. At a minimum, public notice to interested parties and
a comment period shall be provided. The Commission shall
respond in writing to relevant comments.
‘‘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
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not lapse; provided, however, that if any state fails to remit
payment within 90 days after payment is due, such obliga-
tion shall terminate and any state which has made pay-
ment may have such payment returned. Costs of attendance
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 Com-
mission by a voting member of this Compact and
served upon each member of the Commission. The no-
tice shall provide a written statement of the claim, in-
cluding a brief narrative of the relevant matters sup-
porting 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.
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‘‘(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 response
to the claim, and shall determine if a resolution 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 Ar-
ticle, the Commission shall select, by unanimous deci-
sion of the voting members of the Commission, an
independent mediator to conduct a non-binding medi-
ation of the dispute. The mediator shall not be a resi-
dent or domiciliary of any member state, shall not be
an employee or agent of any member of the Commis-
sion, shall be a person knowledgeable in water re-
source management issues, and shall disclose 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 me-
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diator becomes unwilling or unable to serve, the Com-
mission by unanimous decision 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 mediation
of the dispute within seventy-five (75) days of the fil-
ing 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 obligation
to bring the claim before the Commission and may
proceed by pursuing any appropriate remedies, in-
cluding any and all judicial remedies.
‘‘(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 mediation.
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All records, reports, or other documents received by a
mediator while serving as a mediator shall be consid-
ered confidential. The mediator shall not be compelled
in any adversary proceeding or judicial forum to di-
vulge the contents of such documents or the fact that
such documents exist or to testify in regard to the me-
diation.
‘‘(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 dis-
pute;
‘‘b. Proposals made or views expressed by
the mediator; or
‘‘c. The fact that another party to the hear-
ing had or had not indicated a willingness to ac-
cept a proposal for settlement of the dispute.
‘‘(10) The mediator may terminate the non-bind-
ing mediation session or sessions whenever, in the
judgment of the mediator, further efforts to resolve the
dispute would not lead to a resolution of the dispute
between or among the parties. Any party to the dis-
pute may terminate the mediation process at any
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time by giving written notification to the mediator
and the Commission. If terminated prior to reaching
a resolution, the party submitting the original claim
to the Commission shall have no further obligation to
bring its claim before the Commission and may pro-
ceed by pursuing any appropriate remedies, 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
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 process,
the Commission is encouraged to take whatever steps
it deems necessary to assist the mediator or the par-
ties to resolve the dispute.
‘‘(13) In the event of a proceeding seeking en-
forcement of the allocation formula, this Compact cre-
ates a cause of action solely for equitable relief. No ac-
tion for money damages may be maintained. The
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party or parties alleging a violation of the Compact
shall have the burden of proof.
‘‘(b) In the event of a dispute between any voting mem-
ber and the United States relating to a state’s noncompli-
ance with the allocation formula as a result of actions or
a refusal to act by officers, agencies or instrumentalities
of the United States, the provisions set forth in paragraph
(a) of this Article (other than the provisions of subpara-
graph (a)(4)) shall apply.
‘‘(c) The United States may initiate dispute resolution
under paragraph (a) in the same manner as other parties
to this Compact.
‘‘(d) Any signatory party who is affected by any action
of the Commission, other than the adoption or enforcement
of or compliance with the allocation formula, may file a
complaint before the ACF Basin Commission seeking to en-
force 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 me-
diation, a hearing shall be held by the Commission or
its designated hearing officer. Following a hearing
conducted by a hearing officer, the hearing officer
shall submit a report to the Commission setting forth
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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 resolu-
tion of the dispute within 60 days of submittal of the
report with the concurrence of the Federal Commis-
sioner in disputes involving or affecting federal inter-
ests, the affected party may file an action in any
court of competent jurisdiction to enforce the provi-
sions of this Compact. The hearing officer’s report
shall be of no force and effect and shall not be admis-
sible 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 officers or
independent mediators to conduct all hearings and
mediations required under this Article. The hearing
officer or mediator appointed under this Article shall
be compensated by the Commission.
‘‘(2) All hearings or mediations conducted under
this article may be conducted utilizing the Federal
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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 Com-
pact.
‘‘(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.
‘‘ARTICLE XIV
‘‘ENFORCEMENT
‘‘The Commission may, upon unanimous decision,
bring an action against any person to enforce any provision
of this Compact, other than the adoption or enforcement 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.
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‘‘ARTICLE XVI
‘‘IMPACT OF COMPACT ON USE OF WATER WITH-
IN THE BOUNDARIES OF THE COMPACTING
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, provid-
ing such state action is not inconsistent with the allocation
formula.
‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama, Florida, and Georgia mu-
tually agree to the principle of individual State efforts 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 programs.
‘‘(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 attention 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.
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‘‘(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.
‘‘ARTICLE XIX
‘‘SEVERABILITY
‘‘If any portion of this Compact is held invalid for
any reason, the remaining portions, to the fullest extent pos-
sible, 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 ratified
the Compact, notice of their mutual ratification shall be
forwarded to the Congressional delegation of the signatory
states for submission to the Congress of the United States
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for ratification. When the Compact is ratified by the Con-
gress of the United States, the President, upon signing the
Federal ratification legislation, shall promptly notify the
Governors of the participating states and appoint the Fed-
eral 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.’’.
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 participation in
all technical working groups and meetings in which the
terms and conditions of the allocation formula are nego-
tiated 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:
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the United States without the concurrence of the Fed-
eral 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 ac-
tions during emergency situations.
(7) As among water right holders within any one
State, nothing 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 riparian rights of the United States
in and to the waters of the Apalachicola-Chattahoo-
chee-Flint River Basin.
SEC. 5. EFFECTUATION.
(a) FEDERAL AGENCY AUTHORITY.—To carry out the
purposes of this Compact, Federal agencies are authorized,
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;
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(3) to enter into agreements to indemnify private
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 provision
of services, facilities, and personnel, to the Federal
Commissioner.
(b) APPROPRIATIONS.—Appropriations are authorized
as necessary for implementing the Compact, including ap-
propriations for carrying out the functions of the Federal
Commissioner and alternates and for employment of per-
sonnel by the Federal Commissioner?