Union Calendar No. 374
104TH CONGRESS
2D SESSION
H. J. RES. 113
[Report No. 104–706]
JOINT RESOLUTION
Granting the consent of Congress to the compact to
provide for joint natural resource management
and enforcement of laws and regulations pertain-
ing to natural resources and boating at the Jen-
nings Randolph Lake Project lying in Garrett
County, Maryland, and Mineral County, West
Virginia, entered into between the States of West
Virginia and Maryland.
JULY 24, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 374
104TH CONGRESS
2D SESSION
H. J. RES. 113
[Report No. 104–706]
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 HOUSE OF REPRESENTATIVES
OCTOBER 17, 1995
Mr. MOLLOHAN (for himself and Mr. BARTLETT of Maryland) introduced the
following joint resolution; which was referred to the Committee on the
Judiciary
JULY 24, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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.
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Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress hereby consents to the Jennings Ran-
dolph Lake Project Compact entered into between the
States of West Virginia and Maryland which compact is
substantially as follows:
‘‘COMPACT
‘‘Whereas the State of Maryland and the State of West Vir-
ginia, with the concurrence of the United States Depart-
ment 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 boat-
ing at the Jennings Randolph Lake Project lying in Gar-
rett County, Maryland and Mineral County, West Vir-
ginia, 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. The Congress, under Public Law 87–874,
authorized the development of the Jennings Ran-
dolph Lake Project for the North Branch of the Po-
tomac River substantially in accordance with House
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Document Number 469, 87th Congress, 2nd Session
for flood control, water supply, water quality, and
recreation; and
‘‘2. Section 4 of the Flood Control Act of 1944
(Ch 665, 58 Stat. 534) provides that the Chief of
Engineers, under the supervision of the Secretary of
War (now Secretary of the Army), is authorized to
construct, maintain, and operate public park and
recreational facilities in reservoir areas under control
of such Secretary for the purpose of boating, swim-
ming, bathing, fishing, and other recreational pur-
poses, so long as the same is not inconsistent with
the laws for the protection of fish and wildlife of the
State(s) in which such area is situated; and
‘‘3. Pursuant to the authorities cited above, the
U.S. Army Engineer District (Baltimore), herein-
after ‘District’, did construct and now maintains and
operates the Jennings Randolph Lake Project; and
‘‘4. The National Environmental Policy Act of
1969 (P.L. 91–190) encourages productive and en-
joyable harmony between man and his environment,
promotes efforts which will stimulate the health and
welfare of man, and encourages cooperation with
State and local governments to achieve these ends;
and
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‘‘5. The Fish and Wildlife Coordination Act (16
U.S.C. 661–666c) provides for the consideration and
coordination with other features of water-resource
development programs through the effectual and
harmonious planning, development, maintenance,
and coordination of wildlife conservation and reha-
bilitation; and
‘‘6. The District has Fisheries and Wildlife
Plans as part of the District’s project Operational
Management Plan; and
‘‘7. In the respective States, the Maryland De-
partment of Natural Resources (hereinafter referred
to as ‘Maryland DNR’) and the West Virginia Divi-
sion of Natural Resources (hereinafter referred to as
‘West Virginia DNR’) are responsible for providing
a system of control, propagation, management, pro-
tection, and regulation of natural resources and
boating in Maryland and West Virginia and the en-
forcement of laws and regulations pertaining to
those resources as provided in Annotated Code of
Maryland Natural Resources Article and West Vir-
ginia Chapter 20, respectively, and the successors
thereof; and
‘‘8. The District, the Maryland DNR, and the
West Virginia DNR are desirous of conserving, per-
•HJ 113 RH
petuating and improving fish and wildlife resources
and recreational benefits of the Jennings Randolph
Lake Project; and
‘‘9. The District and the States of Maryland
and West Virginia wish to implement the aforesaid
acts and responsibilities through this Compact and
they each recognize that consistent enforcement of
the natural resources and boating laws and regula-
tions can best be achieved by entering this Compact:
‘‘Now, therefore, be it Resolved, That the States of
Maryland and West Virginia, with the concurrence of the
United States Department of the Army, Corps of Engi-
neers, hereby solemnly covenant and agree with each
other, upon enactment of concurrent legislation by The
Congress of the United States and by the respective state
legislatures, to the Jennings Randolph Lake Project Com-
pact, which consists of this preamble and the articles that
follow:
‘‘Article I—Name, Findings, and Purpose
‘‘1.1 This compact shall be known and may be cited
as the Jennings Randolph Lake Project Compact.
‘‘1.2 The legislative bodies of the respective signatory
parties, with the concurrence of the U.S. Army Corps of
Engineers, hereby find and declare:
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‘‘1. The water resources and project lands of the Jen-
nings Randolph Lake Project are affected with local,
state, regional, and national interest, and the planning,
conservation, utilization, protection and management of
these resources, under appropriate arrangements for inter-
governmental cooperation, are public purposes of the re-
spective signatory parties.
‘‘2. The lands and waters of the Jennings Randolph
Lake Project are subject to the sovereign rights and re-
sponsibilities of the signatory parties, and it is the purpose
of this compact that, notwithstanding any boundary be-
tween Maryland and West Virginia that preexisted the cre-
ation of Jennings Randolph Lake, the parties will have
and exercise concurrent jurisdiction over any lands and
waters of the Jennings Randolph Lake Project concerning
natural resources and boating laws and regulations in the
common interest of the people of the region.
‘‘Article II—District Responsibilities
‘‘The District, within the Jennings Randolph Lake
Project,
‘‘2.1 Acknowledges that the Maryland DNR and
West Virginia DNR have authorities and responsibilities
in the establishment, administration and enforcement of
the natural resources and boating laws and regulations ap-
plicable to this project, provided that the laws and regula-
•HJ 113 RH
tions promulgated by the States support and implement,
where applicable, the intent of the Rules and Regulations
Governing Public Use of Water Resources Development
Projects administered by the Chief of Engineers in Title
36, Chapter RI, Part 327, Code of Federal Regulations,
‘‘2.2 Agrees to practice those forms of resource man-
agement as determined jointly by the District, Maryland
DNR and West Virginia DNR to be beneficial to natural
resources and which will enhance public recreational op-
portunities compatible with other authorized purposes of
the project,
‘‘2.3 Agrees to consult with the Maryland DNR and
West Virginia DNR prior to the issuance of any permits
for activities or special events which would include, but
not necessarily be limited to: fishing tournaments, training
exercises, regattas, marine parades, placement of ski
ramps, slalom water ski courses and the establishment of
private markers and/or lighting. All such permits issued
by the District will require the permittee to comply with
all State laws and regulations,
‘‘2.4 Agrees to consult with the Maryland DNR and
West Virginia DNR regarding any recommendations for
regulations affecting natural resources, including, but not
limited to, hunting, trapping, fishing or boating at the
Jennings Randolph Lake Project which the District be-
•HJ 113 RH
lieves might be desirable for reasons of public safety, ad-
ministration of public use and enjoyment,
‘‘2.5 Agrees to consult with the Maryland DNR and
West Virginia DNR relative to the marking of the lake
with buoys, aids to navigation, regulatory markers and es-
tablishing and posting of speed limits, no wake zones, re-
stricted or other control areas and to provide, install and
maintain such buoys, aids to navigation and regulatory
markers as are necessary for the implementation of the
District’s Operational Management Plan. All buoys, aids
to navigation and regulatory markers to be used shall be
marked in conformance with the Uniform State Waterway
Marking System,
‘‘2.6 Agrees to allow hunting, trapping, boating and
fishing by the public in accordance with the laws and regu-
lations relating to the Jennings Randolph Lake Project,
‘‘2.7 Agrees to provide, install and maintain public
ramps, parking areas, courtesy docks, etc., as provided for
by the approved Corps of Engineers Master Plan, and
‘‘2.8 Agrees to notify the Maryland DNR and the
West Virginia DNR of each reservoir drawdown prior
thereto excepting drawdown for the reestablishment of
normal lake levels following flood control operations and
drawdown resulting from routine water control manage-
ment operations described in the reservoir regulation man-
•HJ 113 RH
ual including releases requested by water supply owners
and normal water quality releases. In case of emergency
releases or emergency flow curtailments, telephone or oral
notification will be provided. The District reserves the
right, following issuance of the above notice, to make oper-
ational and other tests which may be necessary to insure
the safe and efficient operation of the dam, for inspection
and maintenance purposes, and for the gathering of water
quality data both within the impoundment and in the Po-
tomac River downstream from the dam.
‘‘Article III—State Responsibilities
‘‘The State of Maryland and the State of West Vir-
ginia agree:
‘‘3.1 That each State will have and exercise concur-
rent jurisdiction with the District and the other State for
the purpose of enforcing the civil and criminal laws of the
respective States pertaining to natural resources and boat-
ing laws and regulations over any lands and waters of the
Jennings Randolph Lake Project;
‘‘3.2 That existing natural resources and boating
laws and regulations already in effect in each State shall
remain in force on the Jennings Randolph Lake Project
until either State amends, modifies or rescinds its laws
and regulations;
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‘‘3.3 That the Agreement for Fishing Privileges dated
June 24, 1985 between the State of Maryland and the
State of West Virginia, as amended, remains in full force
and effect;
‘‘3.4 To enforce the natural resources and boating
laws and regulations applicable to the Jennings Randolph
Lake Project;
‘‘3.5 To supply the District with the name, address
and telephone number of the person(s) to be contacted
when any drawdown except those resulting from normal
regulation procedures occurs;
‘‘3.6 To inform the Reservoir Manager of all emer-
gencies or unusual activities occurring on the Jennings
Randolph Lake Project;
‘‘3.7 To provide training to District employees in
order to familiarize them with natural resources and boat-
ing laws and regulations as they apply to the Jennings
Randolph Lake Project; and
‘‘3.8 To recognize that the District and other Federal
Agencies have the right and responsibility to enforce, with-
in the boundaries of the Jennings Randolph Lake Project,
all applicable Federal laws, rules and regulations so as to
provide the public with safe and healthful recreational op-
portunities and to provide protection to all federal prop-
erty within the project.
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‘‘Article IV—Mutual Cooperation
‘‘4.1 Pursuant to the aims and purposes of this Com-
pact, the State of Maryland, the State of West Virginia
and the District mutually agree that representatives of
their natural resource management and enforcement agen-
cies will cooperate to further the purposes of this Com-
pact. This cooperation includes, but is not limited to, the
following:
‘‘4.2 Meeting jointly at least once annually, and pro-
viding for other meetings as deemed necessary for discus-
sion of matters relating to the management of natural re-
sources and visitor use on lands and waters within the
Jennings Randolph Lake Project;
‘‘4.3 Evaluating natural resources and boating, to de-
velop natural resources and boating management plans
and to initiate and carry out management programs;
‘‘4.4 Encouraging the dissemination of joint publica-
tions, press releases or other public information and the
interchange between parties of all pertinent agency poli-
cies and objectives for the use and perpetuation of natural
resources of the Jennings Randolph Lake Project; and
‘‘4.5 Entering into working arrangements as occasion
demands for the use of lands, waters, construction and
use of buildings and other facilities at the project.
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‘‘Article V—General Provisions
‘‘5.1 Each and every provision of this Compact is sub-
ject to the laws of the States of Maryland and West Vir-
ginia and the laws of the United States, and the delegated
authority in each instance.
‘‘5.2 The enforcement and applicability of natural re-
sources and boating laws and regulations referenced in
this Compact shall be limited to the lands and waters of
the Jennings Randolph Lake Project, including but not
limited to the prevailing reciprocal fishing laws and regu-
lations between the States of Maryland and West Virginia.
‘‘5.3 Nothing in this Compact shall be construed as
obligating any party hereto to the expenditure of funds
or the future payment of money in excess of appropria-
tions authorized by law.
‘‘5.4 The provisions of this Compact shall be sever-
able, and if any phrase, clause, sentence or provision of
the Jennings Randolph Lake Project Compact is declared
to be unconstitutional or inapplicable to any signatory
party or agency of any party, the constitutionality and ap-
plicability of the Compact shall not be otherwise affected
as to any provision, party, or agency. It is the legislative
intent that the provisions of the Compact be reasonably
and liberally construed to effectuate the stated purposes
of the Compact.
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‘‘5.5 No member of or delegate to Congress, or signa-
tory shall be admitted to any share or part of this Com-
pact, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend to this agree-
ment if made with a corporation for its general benefit.
‘‘5.6 When this Compact has been ratified by the leg-
islature of each respective State, when the Governor of
West Virginia and the Governor of Maryland have exe-
cuted this Compact on behalf of their respective States
and have caused a verified copy thereof to be filed with
the Secretary of State of each respective State, when the
Baltimore District of the U.S. Army Corps of Engineers
has executed its concurrence with this Compact, and when
this Compact has been consented to by the Congress of
the United States, then this Compact shall become opera-
tive and effective.
‘‘5.7 Either State may, by legislative act, after one
year’s written notice to the other, withdraw from this
Compact. The U.S. Army Corps of Engineers may with-
draw its concurrence with this Compact upon one year’s
written notice from the Baltimore District Engineer to the
Governor of each State.
‘‘5.8 This Compact may be amended from time to
time. Each proposed amendment shall be presented in res-
olution form to the Governor of each State and the Balti-
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more District Engineer of the U.S. Army Corps of Engi-
neers. An amendment to this Compact shall become effec-
tive only after it has been ratified by the legislatures of
both signatory States and concurred in by the U.S. Army
Corps of Engineers, Baltimore District. Amendments shall
become effective thirty days after the date of the last con-
currence or ratification.’’.
SEC. 2. The right to alter, amend or repeal this joint
resolution is hereby expressly reserved. The consent grant-
ed by this joint resolution shall not be construed as im-
pairing or in any manner affecting any right or jurisdic-
tion of the United States in and over the region which
forms the subject of the compact.