H. J. Res. 91—7
‘‘(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 enforcement 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 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 determined 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, enforce, implement or administer those laws in further-
ance 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.
‘‘(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 the Commission, nor shall
any act of the Commission have the effect of repealing, modifying
or amending any federal law. All officers, agencies and instrumen-
talities of the United States shall exercise their powers and author-
ity over water resources in the ACF Basin and water resource
facilities, and to the maximum extent practicable, shall exercise
their discretion in carrying out their responsibilities, powers, 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
H. J. Res. 91—8
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
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 Commission, including the
development and adoption of the initial allocation formula and
any modification thereto. Prior to the adoption of the initial alloca-
tion formula, the Commission shall adopt procedures ensuring pub-
lic participation 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.
‘‘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 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 Commission
by a voting member of this Compact and served upon each
member of the Commission. The notice shall provide a written
statement of the claim, including a brief narrative of the rel-
evant matters supporting the claimant’s position.
‘‘(2) Within twenty (20) days of the Commission’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.
H. J. Res. 91—9
‘‘(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 Article, the Commission shall
select, by unanimous 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
disclose any and all current or prior contractual or other rela-
tions 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 unani-
mous decision of the voting members of the Commission, shall
appoint another independent mediator.
‘‘(6) If the Commission fails to appoint an independent
mediator to conduct a non-binding mediation 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 obligation
to bring the claim before the Commission and may proceed
by pursuing any appropriate remedies, including 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 unanimous
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. All records, reports, or
other documents received by a mediator while serving as a
mediator shall be considered confidential. The mediator shall
not be compelled in any adversary proceeding or judicial forum
to divulge the contents of such documents or the fact that
such documents exist or to testify in regard to the mediation.
‘‘(9) Each party to the mediation shall maintain the con-
fidentiality of the information received during the mediation
and shall not rely on or introduce in any judicial proceeding
as evidence:
H. J. Res. 91—10
‘‘a. Views expressed or suggestions made by another
party regarding a settlement of the dispute;
‘‘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 dispute.
‘‘(10) The mediator may terminate the non-binding medi-
ation 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 terminated prior to reaching a resolu-
tion, 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 sepa-
rate meetings with the parties 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 maintained. 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
ACF Basin Commission seeking to enforce any provision of this
Compact.
‘‘(1) The Commission shall refer the dispute to an independ-
ent hearing officer or mediator, to conduct a hearing or medi-
ation 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 hear-
ing 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 resolution of the dispute.
H. J. Res. 91—11
‘‘(2) The Commission may adopt or modify the recommenda-
tions 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 an action in any court
of competent jurisdiction to enforce the provisions of this Com-
pact. The hearing officer’s report shall be of no force and effect
and shall not be admissible as evidence in any further proceed-
ings.
‘‘(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 medi-
ators 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 Proce-
dures 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
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 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.
H. J. Res. 91—12
‘‘ARTICLE XVII
‘‘AGREEMENT REGARDING WATER QUALITY
‘‘(a) The States of Alabama, Florida, 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 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 agencies, in the inves-
tigation, 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.
‘‘(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 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 Governors of the other participating 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 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 four Commissioners
as their first order of business at their first meeting and shall
be filed of record in the party states.’’.
H. J. Res. 91—13
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.
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 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 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 Apalachicola-
Chattahoochee-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—
H. J. Res. 91—14
(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
(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.