H. J. Res. 92—10
‘‘c. The fact that another party to the hearing had or had
not indicated a willingness to accept a proposal for settlement
of the dispute.
‘‘(10) The mediator may terminate the non-binding 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
dispute may terminate the mediation process at any time by giving
written notification to the mediator and the Commission. If termi-
nated 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 proceed 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 par-
ties to the mediation and to make oral or written recommendations
for a settlement 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 parties to resolve the dispute.
‘‘(13) In the event of a proceeding seeking enforcement of the
allocation formula, this Compact creates a cause of action solely
for equitable relief. No action for money damages may be main-
tained. The 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 member
and the United States relating to a state’s noncompliance 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 subparagraph (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 compli-
ance with the allocation formula, may file a complaint before the
ACT 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 conduct 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 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 findings of fact and conclusions of
law, and making recommendations to the Commission for the reso-
lution 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 resolution of the dispute within 60 days of submittal of the
report with the concurrence of the Federal Commissioner in disputes
involving or affecting federal interests, the affected party may file
H. J. Res. 92—11
an action in any court of competent jurisdiction to enforce the
provisions of this Compact. The hearing officer’s report 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 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 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 before the Commis-
sion under this Article shall have the burdens of proof and persua-
sion.
‘‘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 gen-
eral principle or precedent applicable to any other interstate
streams.
‘‘ARTICLE XVI
‘‘IMPACT OF COMPACT ON USE OF WATER WITHIN 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, providing such state
action is not inconsistent with the allocation formula.
‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama and Georgia mutually agree to
the principle of individual State efforts to control man-made water
pollution from sources located and operating within each State
H. J. Res. 92—12
and to the continuing support of each State in active water pollution
control programs.
‘‘(b) The States of Alabama and Georgia agree to cooperate,
through their appropriate State agencies, in the investigation,
abatement, and control of sources of alleged interstate pollution
within the ACT River Basin whenever such sources are called
to their attention by the Commission.
‘‘(c) The States of Alabama and Georgia agree to cooperate
in maintaining the quality of the waters of the ACT River Basin.
‘‘(d) The States of Alabama and Georgia agree that no State
may require another state to provide water for the purpose of
water quality control as a substitute 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 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 legislature of
each state shall promptly be given by the Governor of the ratifying
state to the Governor of the other participating state. When the
two state legislatures have ratified the Compact, notice of their
mutual ratification shall be forwarded to the Congressional delega-
tion of the signatory 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 Gov-
ernors of the participating states and appoint the Federal Commis-
sioner. The Compact shall be signed by all three 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 lan-
guage as adopted by the States.
SEC. 3. RIGHT TO ALTER, AMEND, OR REPEAL.
The right to alter, amend, or repeal this joint resolution is
hereby expressly reserved.
H. J. Res. 92—13
SEC. 4. RESERVATIONS.
To ensure participation of Federal agencies during the develop-
ment of the allocation formula and participation in all technical
working groups and meetings in which the terms and conditions
of the allocation formula are negotiated and to preserve Federal
discretion under law, the consent of Congress to, and participation
of the United States in, the Alabama-Coosa-Tallapoosa 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 Commissioner, rep-
resentatives 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
discussed or negotiated.
(3) The Federal Commissioner shall be given notice of
any meeting of the Commission or any meeting of technical
committees, if any, of the Commission at which compliance
with the allocation formula by one or more officers, agencies,
or instrumentalities of the United States is to be discussed.
(4) Under the provisions of Article VII(a), the Federal
Commissioner may submit a letter of concurrence with the
allocation formula unanimously adopted by the State Commis-
sioners 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 instrumen-
talities of the United States pursuant to Articles VII(b), X(a),
and X(c) to exercise their discretion, 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.
(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 Alabama-
Coosa-Tallapoosa 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 Commis-
sion;
(2) to conduct studies and monitoring programs in coopera-
tion with the Commission;
(3) to enter into agreements to indemnify private land-
owners against liability that may arise from studies and
monitoring programs undertaken in cooperation with the
Commission; and
H. J. Res. 92—14
(4) to furnish assistance, including the provision of services,
facilities, and personnel, to the Federal Commissioner.
(b) APPROPRIATIONS.—Appropriations are authorized as nec-
essary for implementing the Compact, including appropriations for
carrying out the functions of the Federal Commissioner and
alternates and for employment of personnel by the Federal Commis-
sioner.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.