An Act consenting to the Susquehanna River Basin Compact, enacting the same into law thereby making the United States a signatory party; making certain reservations on behalf of the United States, and for related purposes
PL 91-575 (S.1079), enacted 12/24/1970

84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1509 
Public Law 91-575 
A N A C T 
December 24, 11970 
Consenting to the Susquehanna River Basin compact, enacting the same into 
[s. 1079] 
law thereby making the United States a signatory party: making certain 
reservations on behalf of the United States, and for related purposes. 
Be it enacted hy the Senate and House of Re/presentatives of the 
United States of America in Congress assemhled. 
Susquehanna 
River Basin Com-
pact. 
SUSQUEHAXNA RIVER Bx\SIN COMPACT 
Consent of Con-
SECTION 1. The consent of Congress is hereby given to the Sus-
quehanna River Basin compact in the form substantially as follows, 
and the compact is hereby enacted into law thereby making the United 
States a signatory party thereto: 
"SUSQUEHANXA RIVER BASIN COMPACT 
"PREAMBLE 
"Whereas the signatory parties hereto recognize the w'ater resources 
of the Susquehanna River Basin as regional assets vested with 
local, state, and national interest for which they have a joint 
responsibility; and declare as follows: 
"1. The conservation, utilization, development, management, and 
control of the water resources of the Susquehanna River Basin under 
comprehensive multiple purpose planning will bring the greatest bene-
fits and produce the most efficient service in the public interest; and 
"2. This comprehensive planning administered by a basin-wide 
agency wull provide flood damage reduction, conservation and develop-
ment of surface and ground water supply for municipal, industrial, 
and agricultural uses, development of recreational facilities in relation 
to reservoirs, lakes and streams, propagation of fish and game, promo-
tion of forest land management, soil conservation, and watershed proj-
ects, protection and aid to fisheries, development of hydroelectric 
power potentialities, improved navigation, control of the movement 
of salt water, abatement and control of water pollution, and regulation 
of stream flows toward the attainment of these goals; and 
"3. The water resources of the basin are presently subject to the 
duplicating, overlapping, and uncoordinated administration of a large 
number of governmental agencies which exercise a multiplicity of 
powers resulting in a splintering of authority and responsibility; and 
"4. The Interstate Advisory Committee on the Susquehanna River 
Basin, created by action of the states of New York, Pennsylvania, and 
Maryland, on the basis of its studies and deliberation has concluded 
that regional development of the Susquehanna River Basin is feasible, 
advisable, and urgently needed, and has recommended that an inter-
governmental compact with Federal participation be consummated 
to this end; and 
"5, The Congress of the United States and the executive branch 
of the Federal government have recognized a national interest in the 
Susquehanna River Basin by authorizing and directing the Corps 
of Engineers of the Department of tlie Army, the Department of 
Agriculture, the Department of Healtli, Education and Welfare, the 
Department of Interior, and other Federal agencies to cooperate in 
making comprehensive surveys and reports concerning the water 
resources of the Susquehanna River Basin in which individually or 
severally the technical aid and assistance of many Federal and state 
agencies have been enlisted, and which are being or have been 
coordinated through a Susquehanna River Basin Study Coordinating 
gress. 
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PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
(^ommittee on which the Corps of Engineers of the Department of 
the Army, the Department of Agriculture, the Department of Com-
merce, the Department of Health, Education and Welfare, the 
Department of Interior, the Department of Housing and Urban Devel-
opment and its predecessor Housing and Home Fmance Agency, the 
Federal Power Commission, and the States of New York, Pennsyl-
vania, and Maryland are or were represented; and 
"6. Some three million people live and work in the Susquehanna 
River Basin and its environs, and the government, employment, indus-
try, and economic development of the entire region and the health, 
safety, and general well being of its population are and will continue 
to be affected vitally by the conservation, utilization, development, 
management, and control of the water resources of the basin; and 
"7. Demands upon the water resources of the basin are expected to 
mount because of anticipated increases in population and by reason 
of industrial and economic growth of the basin and its service area; 
and 
"8. Water resources planning and development are technical, com-
plex, and expensive, often requiring fifteen to twenty years from the 
conception to the completion of large or extensive projects; and 
"9. The public interest requires that facilities must be ready and 
operative w^hen and where needed, to avoid the damages of unexpected 
floods or prolonged drought, and for other purposes; and 
"10. The Interstate Advisory Committee on the Susquehanna River 
Basin has prepared a draft oi an intergovernmental compact for the 
creation of a basin agency, and the signatory parties desire to effectu-
ate the purposes thereof; Now therefore 
"The States of New York and Maryland and the Commonwealth 
of Pennsylvania, and the United States of America hereby solemnly 
covenant and agree with each other, upon the enactment of concurrent 
legislation by the Congress of the United States and by the respective 
State legislatures, to the Susquehanna River Basin Compact w^hich 
consists of this Preamble and the Articles that follow. 
"ARTICLE 1 
"SHORT TITLE, DEFINITIONS, PURPOSES, AND LIMITATIONS 
"SECTION 1.1—SHORT TITLE. This compact shall be known and may 
be cited as the Susquehanna River Basin Compact. 
"1.2—DEFINITIONS. For the purpose of this compact, and of any sup-
plemental or concurring legislation enacted pursuant to it: 
"1. 'Basin' shall mean the area of drainage of the Susquehanna 
River and its tributaries into Chesapeake Bay to the southern edge of 
the Pennsylvania Railroad bridge between Havre de Grace and Perry-
ville, Maryland. 
"2. 'Commission' shall mean the Susquehanna River Basin Commis-
sion hereby created, and the term 'Commissioner' shall mean a member 
of the commission. 
"3. 'Cost' shall mean direct and indirect expenditures, commitment, 
and net induced adverse effects, whether or not compensated for, used 
or incurred in connection with the establishment, acquisition^ construc-
tion, maintenance, and operation of a project. 
"4. 'Diversion' shall mean the transfer of water into or from the 
basin. 
"5. 'Facility' shall mean any real or personal property, within or 
without the basin, and improvements thereof or thereon, and any and 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1511 
all rights of way, water, water rights, plants, structures, machinery, 
and equipment acquired, constructed, operated, or maintained for the 
beneficial use of water resources or related land uses or otherwise in-
cluding, without limiting the generality of the foregoing, any and all 
things and appurtenances necessary, useful, or convenient for the con-
trol, collection, storage, withdrawal, diversion, release, treatment, 
transmission, sale, or exchange of water; or for navigation thereon, or 
the development and use of hydroelectric energy and power, and pub-
lic recreational facilities; or the propagation of fish and wildlife; or 
to conserve and protect the water resources of the basin or any existing 
or future water supply source, or to facilitate any other uses of any 
of them. 
"6. 'Federal government' shall mean the government of the United 
States of America, and any appropriate branch, department, bureau, 
or division thereof, as the case may be. 
"7. 'Project' shall mean any work, service, or activity which is 
separately planned, financed, or identified by the commission, or any 
separate facility undertaken or to be undertaken by the commission 
or otherwise within a specified area, for the conservation, utilization, 
control, development, or management of water resources which can be 
established and utilized independently or as an addition to an existing 
facility and can be considered as a separate entity for purposes of 
evaluation. 
"8. 'Signatory party' shall mean a state or commoiiAvealth party to 
this compact, or the Federal government. 
"9. 'Water' shall mean both surface and underground waters which 
are contained within the drainage area of the Susquehanna River in 
the states of New York, Pennsylvania, and Maryland. 
"10. 'Water resources' shall include all waters and related natural 
resources within the basin. 
"11. 'Withdrawal' shall mean a taking or removal of water from 
any source within the basin for use within the basin. 
"12. 'Person' shall mean an individual, corporation, partnership, 
unincorporated association, and the like and shall have no gender, and 
the singular shall include the plural. 
"1.3—PURPOSE AND FINDINGS. That legislative bodies of the respec-
tive signatory parties hereby find and declare: 
"1. The water resources of the Susquehanna River Basin are affected 
with a local, state, regional, and national interest, and the planning, 
conservation, utilization, development, management, and control of 
these resources, under appropriate arrangements for intergovern-
mental cooperation, are public purposes of the respective signatory 
parties. 
"2. The water resources of the basin are subject to the sovereign 
rights and responsibilities of the signatory parties, and it is the pur-
pose of this compact to provide for a joint exercise of these powers of 
sovereignty in the common interest of the people of the region. 
"3. The water resources of the basin are functionally interrelated, 
and the uses of these resources are interdependent. A single adminis-
trative agency is therefore essential for effective and economical direc-
tion, supervision, and coordination of water resources efforts and 
programs of federal, state, and local governments and of private 
enterprise. 
"4. Present and future demands require increasing economies and 
efficiencies in the use and reuse of water resources, and these can be 
brought about only by comprehensive planning, programming, and 
management under the direction of a single administrative agency. 
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PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
"5. In general, the purposes of this compact are to promote inter-
state comity; to remove causes of possible controversy; to make 
secure and protect developments within the states; to encourage and 
provide for the planning, conservation, utilization, development, 
management, and control of the water resources of the basin; to 
provide for cooperative and coordinated planning and action by 
the signatory parties with respect to water resources; and to apply the 
principle of equal and uniform treatment to all users of water and of 
water related facilities without regard to political boundaries. 
''6. It is the express intent of the signatory parties that the com-
mission shall engage in the construction, operation, and maintenance 
of a project only when the project is necessary to the execution 
of the comprehensive plan and no other competent agency is in a 
position to act, or such agency fails to act. 
"1.4—POWERS OF CONGRESS ; WITHDRAWAL. Nothing in this compact 
f-hall be construed to relinquish the functions, powers, or duties of 
the Congress of the United States with respect to the control of any 
navigable waters within the basin, nor shall any provisions hereof 
be construed in derogation of any of the constitutional powers of the 
Congress to regulate commerce among the states and with foreign 
nations. The power and right of the Congress to withdraw the Federal 
government as a party to this compact or to revise or modify the terms, 
conditions, and provisions under which it may remain a party by 
amendment, repeal, or modification of any Federal statute applicable 
liereto is recognized by the signatory parties. 
''1.5—DtTRATiON or 
COMPACT. 
"(a) The duration of this compact shall be for an initial period 
of 100 years from its effective date, and it shall be continued for addi-
tional periods of 100 years if not less than 20 years nor more than 25 
years prior to the termination of the initial period or any succeeding 
period none of the signatory states, by authority of an act of its legis-
lature, notifies the commission of intention to terminate the compact 
nttlie end of the then current 100-year period. 
"(b) In the event this compact should be terminated by operation 
of paragraph (a) above, the commission shall be dissolved, its assets 
and liabilities transferred in accordance with the equities of the 
signatory parties therein, and its corporate affairs wound up in accord-
ance with agreement of the signatory parties or, failing agreement, 
by act of the Congress. 
"ARTICLE 2 
((, 
ORGANIZATION AND AREA 
"SECTION 2.1—COMMISSION CREATED. The Susquehanna River Basin 
Commission is hereby created as a body politic and corporate, with 
succession for the duration of this compact, as an agency and instru-
mentality of the governments of the respective signatory parties. 
"2.2—COMMISSION MEMBERSHIP. The members of the commission 
shall be the governor or the designee of the governor of each signatory 
state, to act for him, and one member to be appointed by the President 
of the United States to serve at the pleasure of the President. 
"2.3—ALTERNATES. An alternate from each signatory party shall be 
appointed by its member of the commission unless otherwise provided 
by the laws of the signatory party. The alternate, in the absence of the 
member, shall represent the member'and act for him. In the event of 
a vacancy in the office of alternate, it shall be filled in the same manner 
as the original appointment. 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1513 
"2.4—COMPENSATION. Members of the commission and alternates 
shall serve without compensation from the commission but may be 
reimbursed for necessary expenses incurred in and incident to the per-
formance of their duties. 
"2.5—VOTING POWER. Each member is entitled to one vote. No action 
of the commission may be taken unless three of the four members vote 
in favor thereof. 
"2.6—ORGANIZATION AND PROCEDURE. The commission shall provide 
for its own organization and procedure, and shall adopt the rules and 
regulations governing its meetings and transactions. It shall organize 
annually by the election of a chairman and vice-chairman from among 
its members. It shall provide by its rules for the appointment by each 
member in his discretion of an advisor to serve without compensation 
from the commission, Avho may attend all meetings of the commission 
and its committees. 
"2.7—JURISDICTION OF THE COMMISSION. The commission shall have, 
exercise, and discharge its functions, powers, and duties within the 
limits of the basin. Outside the basin, the commission shall act at its 
discretion, but only to the extent necessary to implement its responsi-
bilities within the basin, and where necessary subject to the consent of 
the state wherein it proposes to act. 
"ARTICLE 3 
"POWERS AND DUTIES OF THE COMMISSION 
"SECTION 3.1—GENERAL. The Commission shall develop and effectu-
ate plans, policies, and projects relating to the water resources of the 
basin. It shall adopt and promote uniform and coordinated policies for 
water resources conservation and management in the basin. It shall 
encourage and direct the planning, development, operation, and subject 
to applicable laws the financing of water resources projects according 
to such plans and policies. 
"3.2—POLICY. It is the policy of the signatory parties to preserve 
and utilize the functions, powers, and duties of the existing offices 
and agencies of government to the extent consistent with this compact, 
and the commission is directed to utilize those offices and agencies for 
the purposes of this compact. 
"3.3—COMPREHENSIVE PLAN, PROGRAM AND BUT)GETS. The commis-
sion in accordance with Article 14 of this compact, shall formulate 
and adopt: 
"1. A comprehensive plan, after consultation with appropriate water 
users and interested public bodies for the immediate and long range 
development and use of the water resources of the basin; 
"2. A water resources program, based upon the comprehensive plan, 
which shall include a systematic presentation of the quantity and 
quality of water resources needs of the area to be served for such 
reasonably foreseeable period as the commission may determine, bal-
anced by existing and proposed projects required to satisfy such 
needs, including all public and private projects affecting the basin, 
together with a separate statement of the projects proposed to be 
undertaken by the commission during such period; and 
"3. An annual current expense budget and an annual capital budget 
consistent with the commission's program, projects, and facilities for 
the budget period. 
"3.4—POWERS OF COMMISSION. The commission may: 
"1. Plan, design, acquire, construct, reconstruct, complete, own, 
improve, extend, develop, operate, and maintain any and all projects, 
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PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
facilities, properties, activities, and services which are determined by 
the commission to he necessary, convenient, or useful for the purposes 
of this compact. 
"2. Establish standards of planning, design, and operation of all 
projects and facilities in the basin to the extent they affect water 
resources, including without limitation thereto water, sewage and other 
waste treatment plants and facilities, pipelines, transmission lines, 
stream and lake recreational facilities, trunk mains for water distribu-
tion, local flood protection works, watershed management programs, 
and ground w^ater recharging operations. 
"3. Conduct and sponsor research on water resources and their plan-
ning, use, conservation, management, development, control, and protec-
tion, and the capacity, adaptability, and best utility of each facility 
thereof, and collect, compile, correlate, analyze, report, and interpret 
data on water resources and uses in the basin, including without limita-
tion thereto the relation of water to other resources, industrial water 
technology, ground water movement, relation between water price and 
water demand and other economic factors, and general hydrological 
conditions. 
"4. (^ollect, compile, coordinate, and interpret systematic surface and 
ground water data, and publicize such information when and as needed 
for water uses, flood warning, quality maintenance, or other purposes. 
"5. Conduct ground and surface water investigations, tests, and 
operations, and compile data relating thereto, as may be required to 
formulate and administer the comprehensive plan. 
"6. Prepare, publish, and disseminate information and reports con-
cerning the water problems of the basin and for the presentation of 
the needs and resources of the basin and policies of the commission to 
executive and legislative branches of the signatory parties. 
"7. Negotiate loans, grants, gifts, services, or other aids as may be 
lawfully available from public or private sources to finance or assist 
in effectuating any of the purposes of this compact, and receive and 
accept them upon terms and conditions, and subjeot to provisions, as 
may be required by Federal or state law or as the commission may 
deem necessary or desirable. 
"8. Exercise such other and different powers as may be delegated to it 
by this compact or otherwise pursuant to law, and have and exercise all 
powers necessary or convenient to carry out its express powers and 
other powers which reasonably may be implied therefrom. 
"9. Adopt, amend, and repeal rules and regulations to implement 
this compact. 
"3.5—DtTTiES OF THE COMMISSION. The commission shall: 
"1. Develop and effectuate plans, policies, and projects relating to 
water resources, adopt, promote, and coordinate policies and stand-
ards for water resources conservation, control, utilization, and man-
agement, and promote and implement the planning, development, and 
financing of water resources projects. 
"2. Undertake investigations, studies, and surveys, and acquire, 
ronstruct, operate, and maintain projects and facilities in regard to the 
w.^ter resources of the basin, whenever it is deemed necessary to do so 
to activate or effectuate any of the provisions of this compact. 
"3. Administer, manage, and control water resources in all matters 
determined by the commission to be interstate in nature or to have a 
major effect on the water resources and water resources management. 
"4. Assume jurisdiction in any matter affecting water resources 
whenever it determines after investigation and public hearing upon 
due notice given, that the effectuation of the comprehensive plan or 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1515 
the implementation of this compact so requires. If the commission finds 
upon subsequent hearing requested by an affected signatory party 
that the party will take the necessary action, the commission may relin-
quish jurisdiction. 
"5. Investigate and determine if the requirements of the compact 
or the rules and regulations of the commission are complied with, and 
if satisfactory progress has not been made, institute an action or 
actions in its own name in any state or federal court of competent juris-
diction to compel compliance with any and all of the provisions of 
this compact or any of the rules and regulations of the commission 
adopted pursuant thereto. An action shall be instituted in the name 
of the commission and shall be conducted by its own counsel. 
"3.6—COOPERATIVE LEGISLATION AND FUETHER JURISDICTION. 
"(a) Each of the signatory parties agrees that it will seek enact-
ment of such additional legislation as will be required to enable its 
officers, departments, commissions, boards, and agents to accomplish 
effectively the obligations and duties assumed under the terms of this 
compact. 
"(b) Nothing in the compact shall be construed to repeal, modify 
or qualify the authority of any signatory party to enact any legisla-
tion or enforce any additional conditions and restrictions within its 
jurisdiction. 
"3.7—(COORDINATION AND COOPERATION. The commission shall pro-
mote and aid the coordination of the activities and programs of Fed-
eral, state, municipal, and private agencies concerned with water 
resources administration in the basin. To this end, but without limita-
tion thereto, the commission may: 
"1. Advise, consult, contract, 
financially 
assist, or 
otherwise 
cooperate with any and all such agencies ; 
"2. Employ any other agency or instrumentality of any of the 
signatory parties or of any political subdivision thereof, in the design, 
construction, operation, and maintenance of structures, and the 
installation and management of river control systems, or for any other 
purpose; 
"3. Develop and adopt plans and specifications for particular water 
resources projects and facilities which so far as consistent with the 
comprehensive plan incorporate any separate plans of other public 
and private organizations operating in the basin, and permit the 
decentralized administration thereof; 
"4. Qualify as a sponsoring agency under any Federal legislation 
heretofore or hereafter enacted to provide financial or other assist-
ance for the planning, conservation, utilization, development, man-
agement, or control of water resources. 
"3.8—ALLOCATIONS, DIVERSIONS, AND KELEASES. 
"(a) The commission shall have power from time to time as the 
need appears, to allocate the waters of the basin to and among the states 
signatory to this compact and impose related conditions, obligations, 
and release requirements. 
"(b) The commission shall have power from time to time as the need 
appears to enter into agreements with other river basin commissions 
or other states with respect to in-basin and out-of-basin allocations, 
withdrawals, and diversions. 
"(c) No allocation of waters made pursuant to this section shall 
constitute a prior appropriation of the waters of the basin or confer 
any superiority of right m respect to the use of those waters, nor shall 
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PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
any such action be deemed to constitute an apportionment of the 
waters of the basin among the parties hereto. This subsection shall not 
be deemed to limit or restrict the power of the commission to enter 
into convenants with respect to water supply, with a duration not 
exceeding the life of this compact, as it may deem necessary for the 
benefit or development of the water resources of the basin. 
"3.9—RATES AND CHARGES. The commission, from time to time 
after public hearing upon due notice given may fix, alter, and revise 
I'ates, rentals, charges, and tolls, and classifications thereof, without 
regulation or control by any department, office, or agency of any sig-
natory party, for the use of facilities owned or operated by it, and 
any services or products which it provides. 
"3.10—REFERRAL AND REVIEW. No projects affecting the water 
resources of the basin, except those not requiring review and approval 
by the commission under paragraph 3 following, shall be undertaken 
by any person, governmental authority or other entity prior to sub-
mission to and approval by the commission or appropriate agencies of 
the signatory parties for review. 
"1. All water resources projects for which a permit or other form 
of permission to proceed with construction or implementation is re-
quired by legislative action of a signatory party or by rule or regula-
tion of an office or agency of a signatory party having functions, 
powers, and duties in the planning, conservation, development, man-
agement, or control of water resources shall be submitted as heretofore 
to the appropriate office or agency of the signatory party for review 
and approval. To assure that the commission is apprised of all proj-
ects within the basin, monthly reports and listings of all permits 
granted, or similar actions taken, by offices or agencies of the signatory 
parties shall be submitted to the commission in a manner prescribed 
"Those projects which also require commission approval pursuant 
to the provisions of paragraphs 2(ii) and 2(iii) following shall be 
submitted to the commission through appropriate offices or agencies of 
a signatory party, except that, if no agency of a signatory party has 
jurisdiction, such projects shall be submitted directly to the commission 
in such manner as the commission shall prescribe. 
"2. Approval of the commission shall be required for, but not 
limited to, the following: 
" (i) All projects on or crossing the boundary between any two sig-
natory states; 
" (ii) Any project involving the diversion of water; 
"(iii) Any project within the boundaries of any signatory state 
found and determined by the commission or by any agency of a signa-
tory party having functions, powers, and duties in the planning, con-
servation, development, management, or control of water resources 
to have a significant effect on water resources within another signatory 
state; and 
"(iv) Any project which has been included by the commission after 
hearing, as provided in Article 14, Section 14.1, as a part of the com-
mission's comprehensive plan for the development of the water re-
sources of the basin, or which would have a significant effect upon the 
plan. 
"3. Review and approval by the commission shall not be required 
for: 
" (i) Projects which fall into an exempt classification or designation 
established by legislative action of a signatory party or by rule or 
regulation of an office or agency of a signatory party having functions, 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1517 
])o\vers, luid duties in the planning, conservation, development, man-
ao-enient, or control of water resources. The sponsors of those projects 
are not required to obtain a permit or other form of j)ermission to 
proceed with construction or implementation, unless it is determined 
by the commission or by the agency of a signatory party that such 
project or projects may cause an adverse, adverse cumulative, or an 
interstate elfect on water resources of the basin, and the project spon-
sor has been notified in writing by the commission or by the agency 
of a signatory party that commission approval is required. 
''(ii) Projects which are classified by the commission as not requir-
ing its review and approval, for so long as they are so classified. 
"4. The commission shall approve a project if it determines that the 
project is not detrimental to the proper conservation, development, 
management, or control of the water resources of the basin and may 
modify and approve as modified, or may disapprove the project, if it 
determines that the project is not in the best interest of the conserva-
tion, development, management, or control of the basin's water 
I'esources, or is in conflict with the comprehensive plan. 
"5. The commission, after consultation with the appropriate offices 
or agencies of the signatory parties shall establish the procedure of 
submission, review, and consideration of projects. And procedure for 
review and approval of diversions of water shall include public hear-
ing on due notice given, with opportunity for interested persons, 
agencies, governmental units, and signatory parties to be heard and 
to present evidence. A complete transcript of the proceedings at the 
hearing shall be made and preserved, and it shall be made available 
under rules for that purpose adopted by the commission. 
"6. Any determination of the commission pursuant to this article 
or any article of the compact providing for judicial review shall be 
subject to such judicial review m any court of competent jurisdiction, 
provided that an action or proceeding for such review is commenced 
within 90 days from the effective date of the determination sought to 
be reviewed; but a determination of the commission concerning a 
diversion, under Section 3.10-2(ii) with the claimed effect of reducing 
below a proper minimum the flow of water in that portion of the 
basin within the area of a signatory party, shall be subject to judicial 
review under the particular provisions of paragraph 7 below. 
*'7. Any signatory party deeming itself aggrieved by an action of 
the commission concerning a diversion under Section 3.10-2(ii) with 
the claimed effect of reducing below a proper minimum the flow of 
water in that portion of the basin which lies within the area of that 
signatory party, and notwithstanding the powers provided to the 
commission by this compact, may have review of commission action 
approving the diversion in the Supreme Court of the United States; 
provided that a proceeding for such review is commenced within one 
year from the date of action sought to be reviewed. Any such review 
shall be on the record made before the commission. The action of the 
commission shall be affirmed, unless the court finds that it is not sup-
ported by substantial evidence. 
"3.11—ADVISORY COMMITTEES. The commission may constitute and 
empower advisory committees. 
"ARTICLE 4 
"WATER SUPPLY 
"SECTION 4.1—GENERALLY. The commission shall have power to 
develop, implement, and effectuate plans and projects for the use of 
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PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
the water of the basin for domestic, municipal, agricultural, and in-
dustrial water supply. To this end, without limitation thereto, it may 
provide for, construct, acquire, operate, and maintain dams, reservoirs, 
,and other facilities for utilization of surface and ground w^ater 
resources, and all related structures, appurtenances, and equipment 
on the river and its tributaries and at such off-river sites as it may 
find appropriate, and may regulate and control the use thereof. 
"4.2—STORAGE AND RELEASE OF WATERS. 
" (a) The commission shall have power to acquire, construct, operate, 
and control projects and facilities for the storage and release of 
waters, for the regulation of flows and supplies of surface and ground 
waters of the basin, for the protection of public health, stream quality 
control, economic development, improvement of fisheries, recreation, 
dilution and abatement of pollution, the prevention of undue salinity, 
and other purposes. 
"(b) No signatory party shall permit any augmentation of flow 
to be diminished by the diversion of any water of the basin during 
any period in which waters are being released from storage under the 
direction of the commission for the purpose of augmenting such flow, 
except in cases where the diversion is authorized by this compact, 
or by the commission pursuant thereto, or by the judgment, order, or 
decree of a court of competent jurisdiction. 
"4.3—ASSESSABLE IMPROVEMENTS. The commission may provide w^a-
ter management and regulation in the main stream or any tributary 
in the basin and, in accordance with the procedures of applicable state 
laws, may assess on an annual basis or otherwise the cost thereof upon 
water users or any classification of them specially benefited thereby 
to a measurable extent, provided that no such assessment shall exceed 
the actual benefit to any water user. Any such assessment shall follow 
the procedure prescribed by law for local improvement assessments 
and shall be subject to review in any court of competent jurisdiction. 
"4.4—COORDINATION. Prior to entering upon the execution of any 
project authorized by this article, the commission shall review and 
consider all existing rights, plans, and programs of the signatory 
parties, their political subdivisions, private parties, and water users 
which are pertinent to such project, and shall hold a public hearing 
on each proposed project. 
"4.5—ADDITIONAL POWERS. In connection with any project authorized 
by this article, the commission shall have power to provide storage, 
treatment, pumping, and transmission facilities, but nothing herein 
shall be construed to authorize the commission to engage in the busi-
ness of distributing water. 
"ARTICLE 5 
"WATER QUALITY MANAGEMENT AND CONTROL 
"SECTION 5.1—GENERAL POWFJIS. 
"(a) The commission may undertake or contract for investigations, 
studies, and surveys pertaining to existing water quality, effects of 
varied actual or projected operations on water quality, new com-
pounds and materials and probable future water quality in the basin. 
The commission may receive, expend, and administer funds, Federal, 
state, local, or private as may be available to carry out these func-
tions relating to water quality investigations. 
"(b) The commission may acquire, construct, operate, and maintain 
projects and facilities for the manao^ment and control of water quality 
m the basin whenever the commission deems necessary to activate or 
effectuate any of the provisions of this compact. 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1519 
"5.2—POLICY AND STANDARDS. 
"(a) In order to conserve, protect, and utilize the water quality of 
the basin in accordance Math the best interests of the people of the 
basin and the states, it shall be the policy of the commission to encour-
age and coordinate the efforts of the signatory parties to prevent, 
reduce, control and eliminate water pollution and to maintain water 
quality as required by the comprehensive plan. 
"(b) The legislative intent in enacting this article is to give specific 
emphasis to the primary role of the states in water quality management 
and control. 
"(c) The commission shall recommend to the signatory parties the 
establishment, modification, or amendment of standards of quality for 
any waters of the basin in relation to tlheir reasonable and necessai-y 
use as the commission shall deem to be in the public interest. 
"(d) The commission shall encourage cooperation and uniform 
enforcement programs and policies by the water quality control 
agencies of the signatory parties in meeting the water quality stand-
ards established in the comprehensive plan. 
"(e) The commission may assume jurisdiction whenever it deter-
mines after investigation and public hearing upon due notice given 
that the effectuation of the comprehensive plan so requires. After such 
investigation, notice, and hearing, the commission may adopt such 
rules, regulations, and water quality standards as may be required to 
preserve, protect, improve, and develop the quality of the waters of 
the basin in accordance with the comprehensive plan. 
"5.3—COOPERATIVE ADMINISTRATION AND ENFORCEMENT. 
"(a) Each of the signatory parties agrees to prohibit and control 
pollution of the waters of the basin according to the requirements of 
this compact and to cooperate faithfully in the control of future pollu-
tion in and abatement of existing pollution from the waters of the 
basin. 
"(b) The commission shall have the authority to investigate and 
determine if the requirements of the compact or the rules, regulations, 
and water quality standards of the commission are complied with and 
if satisfactory progress has not been made, may institute an action or 
actions in its own name in the proper court or courts of competent juris-
diction to compel compliance with any and all of the provisions of this 
compact or any of the rules, regulations, and water quality standards 
of the commission adopted pursuant thereto. 
"5.4—FURTHER JURISDICTION. Nothing in this compact shall be con-
strued to repeal, modify, or qualify the authority of any signatory 
party to enact any legislation or enforce any additional conditions 
and restrictions to lessen or prevent the pollution of waters within its 
jurisdiction. 
"ARTICLE 6 
(( 
FLOOD PROTECTION 
"SECTION 6.1—FLOOD CONTROL AUTHORITY. The commission may 
plan, design, construct and operate and maintain projects and 
facilities it deems necessary or desirable for flood plain development 
and flood damage reduction. It shall have power to operate sueh facili-
ties and to store and release waters of the Susquehanna River and its 
tributaries and elsewhere within the basin, in such manner, at such 
times, and under such regulations as the commission may deem appro-
priate to meet flood conditions as they may arise. 
1520 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
"6.2—REGULATION. 
" (a) The commission may study and determine the nature and extent 
of the flood plains of the Susquehanna Eiver and its tributaries. Upon 
the basis of the studies, it may delineate areas subject to flooding, 
including but not limited to a classification of lands with reference 
to relative risk of flooding and the establishment of standards for flood 
plain use which will promote economic development and safeguard 
the public health, welfare, safety, and property. Prior to the adop-
tion of any standards delineating the area or defining the use, the 
commission shall hold public hearings with respect to the substance 
of the standards in the manner provided by Article 15. The proposed 
standaMs shall be available from; the commission at the time notice 
is given, and interested persons shall be given an opportunity to be 
heard thereon at the hearmgs. 
"(b) The commission shall have power to promulgate, adopt, 
amend, and repeal from time to time as necessary, standards relating 
to the nature and extent of the uses of land in areas subject to flooding. 
"(c) In taking action pursuant to subsection (b) of this section and 
as a prerequisite thereto, the commission shall consider the effect of 
particular uses of the flood plain in question on the health and safety 
of persons and property in the basin, the economic and technical 
feasibility of measures available for the development and protection 
of the flood plain, and the responsibilities, if any, of local, state, and 
federal governments connected with the use or proposed use of the 
flood plain in question. The commission shall regulate the use of 
particular flood plains in the manner and degree it finds necessary for 
the factors enumerated in this subsection, but only with the consent 
of the affected signatory state, and shall suspend such regulation 
when and so long as the signatory party or parties, or political subdi-
vision possessing jurisdiction have in force applicable laws which the 
commission finds give adequate protection for the purpose of this 
section. 
"(d) In order to conserve, protect, and utilize the Susquehanna 
River and its tributaries in accordance with the best interests of the 
people of the basin and the signatory parties, it shall be the policy of 
the commission to encourage and coordinate the efforts of the signatory 
parties to control modification of the river and its tributaries by 
encroachment. 
"6.3—FLOOD LANDS ACQUISITION. The commission shall have power 
to acquire the fee or any lesser interest in lands and improvements 
thereon within the area of a flood plain for the purpose of regulating 
the use or types of construction of such property to minimize the flood 
hazard, convert the property to uses or types of construction appro-
priate to flood plain conditions, or prevent constrictions or obstructions 
that reduce the ability of the river channel and flood plain to carry flood 
water. 
"6.4—EXISTING STRUCTURES. NO rule or regulation issued by the com-
mission pursuant to this compact shall be construed to require the 
demolition, removal, or alteration of any structure in place or under 
construction prior to the issuance thereof, without the payment of just 
compensation therefor. However, new construction or any addition to 
or alteration in any existing structure made or commenced subsequent 
to the issuance of such rule or regulation, or amendment, shall conform 
thereto. 
"6,5—POLICE POWERS. The regulation of use of flood plain lands is 
within the police powers of the signatory states for the protection of 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1521 
public health and the safety of the people and their property and shall 
not be deemed a taking of land or lands for which compensation shall 
be paid to the owners thereof. 
"6,6—COOPERATION. Each of the signatory parties agrees to control 
flood plain use along and encroachment upon the Susquehanna River 
and its tributaries and to cooperate faithfully in these respects. 
"6.7—OTHER AuTHORrrY. Nothing in this article shall be construed 
to prevent or in any way to limit the power of any signatory party, 
or any agency or subdivision thereof, to issue or adopt and enforce 
any requirement or requirements with respect to flood plain use or 
construction thereon more stringent than the rules, regulations, or 
encroachment lines in force pursuant to this article. The commis-
sion may appear in any court of competent jurisdiction to bring 
actions or proceedings in law or equity to enforce the provisions of 
this article. 
"6.8—DEBRIS. The signatory states agree that dumping or littering 
upon or in the waters of the Susquehanna River or its tributaries 
or upon the frozen surfaces thereof of any rubbish, trash, litter, debris, 
abandoned properties, waste material, or offensive matter, is prohibited 
and that the law enforcement officials of each state shall enforce this 
prohibition. 
"ARTICLE 7 
a 
WATERSHED 
MANAGEMENT 
"SECTION 7.1—WATERSHEDS GENERALLY. The commission shall pro-
mote sound practices of watershed management in the basin, includ-
ing projects and facilities to retard runoff and waterflow and 
prevent soil erosion. 
"7.2—SOIL CONSERVATION AND LAND AND FOREST MANAGEMENT. 
The commission, subject to the limitations in Section 7.4(b) may 
acquire, sponsor, or operate facilities and projects to encourage soil 
conservation, prevent and control erosion, and promote land reclama-
tion and sound land and forest management. 
"7.3—FISH AND WILDLIFE. The commission, subject to the limita-
tions in Section 7.4(b) may acquire, sponsor, or operate projects and 
facilities for the maintenance and improvement of fish and wildlife 
habitat related to the water resources of the basin. 
"7.4—COOPERATIVE PLANNING AND OPERATION. 
"(a) The commission shall cooperate with the appropriate agencies 
of the signatory parties and with other public and private agencies in 
the planning and effectuation of a coordinated program of facilities 
and projects authorized by this article. 
"(b) The commission shall not acquire or operate any such project 
or facility unless it has first found and determined that no other suit-
able unit or agency of government is in a position to acquire or 
operate the same upon reasonable conditions, or such unit or agency 
fails to do so. 
"ARTICLE 8 
"RECREATION 
"SECTION 8.1—DEVELOPMENT. The commission may provide for the 
development of water related public sports and recreational facilities. 
The commission on its own account or in cooperation with a signatory 
1522 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
party, political subdivision or any agency thereof, may provide for the 
construction, maintenance, and administration of such facilities, sub-
ject to the provisions of Section 8.2 hereof. 
"8.2—COOPERATIVE PLANNING AND OPERATION. 
"(a) The commission shall cooperate with the appropriate agencies 
of the signatory parties and with other public and private agencies in 
the planning and effectuation of a coordinated program of facilities 
and projects authorized by this article. 
"(b) The commission shall not operate any such project or facility 
unless it has first found and determined that no other suitable unit or 
agency of government is available to operate the same upon reasonable 
conditions. 
"8.3—OPERATION AND MAINTENANCE. The commission, within limits 
prescribed by this article, shall: 
"1. Encourage activities of other public agencies having water 
related recreational interests and assist in the coordination thereof; 
"2. Recommend standards for the development and administration 
of water related recreational facilities; 
"3. Provide for the administration, operation, and maintenance of 
recreation facilities owned or controlled by the commission and for the 
letting and supervision of private concessions in accordance with this 
article. 
"8.4—CONCESSIONS. The commission, after public hearing upon due 
notice given shall provide by regulation a procedure for the award of 
contracts for private concessions in connection with its recreational 
facilities, including any renewal or extension thereof, under terms 
and conditions determined by the commission. 
"ARTICLE 9 
"OTHER PUBLIC VALUES 
"SECTION 9.1—INHERENT VALUES. The signatory parties agree that 
it is a purpose of this compact in effectuating the conservation and 
management of water resources to preserve and promote the economic 
and other values inherent in the historic and the scenic and other nat-
ural amenities of the Susquehanna River Basin for the enjoyment and 
enrichment of future generations, for the promotion and protection of 
tourist attractions in the basin, and for the maintenance of the economic 
health of allied enterprises and occupations so as to effect orderly, 
balanced, and considered development in the basin. 
"9.2—PROJECT COMPATIBILITY. TO this end, the signatory parties 
agree that in the consideration, authorization, construction, mainte-
nance, and operation of all w^ater resources projects in the Susque-
hanna basin, their agencies and subdivisions, and the Susquehanna 
River Basin Commission will consider the compatibility of such 
projects with these other public values. 
"9.3—REGULATION STANDARDS. The commission may recommend to 
governmental units with jurisdiction within areas considered for scenic 
or historic designation minimum standards of regulation of land and 
water use and such other protective measures as the commission may 
deem desirable. 
"9.4—IX)CAL AREA PROTECTION. Tlie commission may draft and rec-
ommend for adoption ordinances and regulations which would assist, 
promote, develop, and protect those areas and the character of their 
communities. Local governments may consider parts of their area 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1523 
>vhich have been designated scenic or historic areas under the provi-
sions of this article separately from the municipality as a whole, and 
pursuant to the laws of the state governing the adoption of those regu-
lations generally may enact regulations limited to the designated area. 
In makmg recommendations to a local government which is partly in 
and partly out of such a scenic or historic area the commission may 
make recommendations for the entire municipality. 
"ARTICLE 10 
"HYOROEI.ECTRIC POWER 
"SECTION 10.1—DEVELOPMENT. The waters of the Susquehanna Kiver 
and its tributaries may be impounded and used by or under authority of 
the commission for the generation of hydroelectric power and hydro-
electric energy in accordance with the comprehensive plan, 
"10.2—POWER 
GENERATION. The commission may develop and 
operate, or authorize to be developed and operated, dams and related 
facilities and appurtenances for the purpose of generating hydroelec-
tric power and hydroelectric energy. 
"10.3—TRANSMISSION. The commission may provide facilities for 
the transmission of hydroelectric power and hydroelectric energy pro-
duced by it where such facilities are not otherwise available upon rea-
sonable terms, for the purpose of wholesale marketing of power and 
nothing herein shall be construed to authorize the commission to 
engage in the business of direct sale to consumers. 
"10.4—DEVELOPMENT CONTRACTS. The commission, after public hear-
ing upon due notice given, may enter into contracts on reasonable 
terms, consideration, and duration under which public utilities or 
public agencies may develop hydroelectric power and hydroelectric 
energy through the use of dams, related facilities, and appurtenances. 
"10.5—KATES AND CHARGES. Kates and charges fixed bj^ the com-
mission for power which is produced by its facilities shall be reason-
able, nondiscriminatory, and just. 
"ARTICLE 11 
"REGULATION 
OF WITHDRAWAL AND DIVERSIONS; PROTECTED AREAS 
AND EMERGENCIES 
"SECTION 11.1—POWER OF KEGULATION. The commission may regu-
late and control withdrawals and diversions from surface waters and 
ground waters of the basin, as provided by this article. The commission 
may enter into agreements with the signatory parties relating to the 
exercise of such power or regulation or control and may delegate to 
any of them such powers of the commission as it may deem necessary 
or desirable. 
"11.2—DETERMINATION OF PROTECTED AREA. The commission, from 
time to time after public hearing upon due notice given, may determine 
and delineate such areas within the basin wherein the demands upon 
supply made by water users have developed or threaten to develop to 
such a degree as to create a water shortage or impair or conflict with 
the requirements or effectuation of the comprehensive plan, and any 
such area may be designated as a protected area, with the consent of 
the member or members from the affected state or states. The com-
mission, whenever it determines that such shortage no longer exists, 
shall terminate the protected status of such area and shall give public 
notice of such determination. 
47-348 O - 72 - 13 (Pt. 2) 
1524 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
"11.3—DIVERSION AND WITHDRAWAL PERMITS. In any protected areas 
so determined and delineated, no person shall divert or withdraw water 
for domestic, municipal, agricultural, or industrial uses in excess of 
such quantities as the commission may prescribe by general regulations, 
except (1) pursuant to a permit granted under this article, or (2) 
pursuant to a permit or approval heretofore granted under the laws 
of any of the signatory states. 
"11.4—EMERGENCY. 
"(a) In the event of a drought which may cause an actual and 
immediate shortage of available water supply within the basin, or 
within any part thereof, the commission after 
public hearing 
upon due notice given, may determine and delineate the area of the 
shortage and by unanimous vote declare a drought emergency therein. 
For the the duration of the drought emergency as determined by the 
commission, it thereupon may direct increases or decreases in any allo-
cations, diversions, or releases previously granted or required, for a 
limited time to meet the emergency condition. 
"(b) In the event of a disaster or catastrophe other than drought, 
natural or manmade, which causes or may cause an actual and imme-
diate shortage of available and usable water, the commission by 
unanimous consent may impose direct controls on the use of water 
and shall take such action as is necessary to coordinate the effort of 
federal, state, and local agencies and other persons and entities 
affected. 
"11.5—STANDARDS. Permits shall be granted, modified, or denied, as 
the case may be, to avoid such depletion of the natural stream flows 
and ground waters in the protected area or in any emergency area as 
will adversely affect the comprehensive plan or the just and equitable 
interests and rights of other lawful users of the same source, giving 
due regard to the need to balance and reconcile alternative and con-
flicting uses in the event of an actual or threatened shortage of water 
of the quality required. 
"11.6—JUDICIAL REVIEW. The determinations and delineations of 
the commission pursuant to Section 11.2 and the granting, modifica-
tion or denial of permits pursuant to Sections 11.3, 11.4, and 11.5 
shall be subject to judicial review in any court of competent juris-
diction. 
"11.7—MAINTENANCE or RECORDS. Each signatory party shall pro-
vide for the maintenance and preservation of such records of author-
ized diversions and withdrawals and the annual volume thereof as the 
commission shall prescribe. Such records and supplementary reports 
shall be furnished to the commission at its request. 
"11.8—EXISTING STATE SYSTEMS. Whenever the commission finds it 
necessary or desirable to exercise the powers conferred with respect 
to emergencies by this article, any diversion or withdrawal permits 
authorized or issued under the laws of any of the signatory states shall 
be superseded to the extent of any conflict with the control and regula-
tion exercised by the commission. 
"ARTICLE 1;2 
"INTERGOVERNMENTAL RELATIONS 
"SECTION 12.1—FEDERAL AGENCIES AND PROJECTS. For the purposes 
of avoiding conflicts of jurisdiction and of giving full effect to the 
commission as a regional agency of the signatory parties, the following 
rules shall govern Federal projects affecting the water resources of the 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1525 
basin, subject in each case to the provisions of Section 1.4 of this 
compact: 
"1. The planning of all projects related to powers delegated to the 
commission by this compact shall be undertaken in consultation with 
the commission. 
"2. No expenditure or commitment shall be made for or on account 
of the construction, acquisition, or operation of any project or facility 
nor shall it be deemed authorized, unless it shall have first been 
included by the commission in the comprehensive plan. 
"3. Each Federal agency otherwise authorized by law to plan, 
design, construct, operate or maintain any project or facility in or for 
the basin shall continue to have, exercise, and discharge such authority 
except as specifically provided by this section. 
"12.2—STATE AND LOCAL AGENCIES AND PROJECTS. For the purposes 
of avoiding conflicts of jurisdiction and of giving full effect to the 
commission as a regional agency of the signatory parties, the following 
rules shall govern projects of the signatory states, their political subdi-
AHsions and public corporations affecting water resources of the basin: 
"1, The planning of all projects related to powers delegated to the 
commission by this compact shall be undertaken in consultation with 
the commission ; 
"2. No expenditure or commitment shall be made for or on account 
of the construction, acquisition, or operation of any project or facility 
unless it first has been included by the commission in the compre-
hensive plan; 
"3. Each state and local agency otherwise authorized by law to 
plan, design, construct, operate, or maintain any project or facility 
m or for the basin shall continue to have, exercise arid discharge 
such authority, except as specifically provided by this section. 
"12.3—RESERVED TAXING POWERS or STATES. Each of the signatory 
parties reserves the right to levy, assess, and collect fees, charges, and 
taxes on or measured by the withdrawal or diversion of waters of 
the basin for use within the jurisdiction of the respective signatory 
parties. 
"12.4—PROJECT COSTS AND EVALUATION STANDARDS. The commis-
sion shall establish uniform standards and procedures for the evalua-
tion, determination of benefits, and cost allocations of projects affecting 
the basin, and for the determination of project priorities, pursuant 
to the requirements of the comprehensive plan and its water resources 
program. The commission shall develop equitable cost sharing and 
reimbursement formulas for the signatory parties including: 
"1. Uniform and consistent procedures for the allocation of project 
costs among purposes included in multiple-purpose programs; 
"2. Contracts and arrangements for sharing financial responsibility 
among and with signatory parties, public bodies, groups, and private 
enterprise, and for the supervision of their performance; 
"3. Establishment and supervision of a system of accoimts for 
reimbursement purposes and directing the payments and charges to 
l)e made from such accounts; 
"4. Determining the basis and apportioning amounts (i) of reim-
bursable rev^enues to be paid signatory parties or their political 
subdivisions, and (ii) of payments in lieu of taxes to any of them. 
"12.5—COOPERATIVE SERVICES. The commission shall furnish techni-
cal services, advice, and consultation to authorizeiid agencies of the 
signatory parties with respect to the water resources of the basin, and 
each of the signatory parties pledges itself to provide technical and 
administrative service to the commission upon request, within the 
1526 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
limits of available appropriations, and to cooperate generally with 
the commission for the purposes of this compact, and the cost of such 
service may be reimbursable whenever the parties deem appropriate. 
"ARTICLE 13 
"CAPITAL FINANCING 
"SECTION 13.1—BORROWING POWER. The commission may borrow 
money for any of the purposes of this compact and may issue its 
negotiable bonds and other evidences of indebtedness in respect thereto. 
"All such bonds and evidences of indebtedness shall be payable 
solely out of the properties and revenues of the commission without 
recourse to taxation. The bonds and other obligations of the commis-
sion, except as may be otherwise provided in the indenture under 
which they were issued, shall be direct and general obligations of the 
commission, and the full faith and credit of the commission are hereby 
])ledged for the prompt payment of the debt service thereon and for 
the fulfillment of all other undertakings of the commission assumed 
by it to or for the benefit of the holders thereof. 
"13.2—FUNDS AND EXPENSES. The purposes of this compact shall 
include without limitation thereto all costs of any project or facility 
or any part thereof, including interest during a period of construction 
and a reasonable time thereafter and any incidental expenses (legal, 
engineering, fiscal, financial consultant, and other expenses) connected 
with issuing and disposing of the bonds; all amounts required for the 
creation of an operating fund, construction fund, reserve fund, sink-
ing fund, or other special fund; all other expenses connected with the 
planning, design, acquisition, construction, completion, improvement, 
or reconstruction of any facility or any part thereof; and reimburse-
ment of advances by the commission or by others for such purposes and 
for working capital. 
"13.3—CREDIT EXCLUDED; OFFICERS, STATE AND MUNICIPAL. 
The 
commission shall have no power to pledge the credit of any signa-
tory party or of any county or municipality, or to impose any obliga-
tion for payment of the bonds upon any signatory party or any county 
or municipality. Neither the commissioners nor any person executing 
the bonds shall be liable personally on the bonds of the commission or 
be subject to any personal liability or accountability by reason of the 
issuance thereof. 
"13.4—FUNDING AND REFUNDING. Whenever the commission deems 
it expedient, it may fund and refund its bonds and other obligations, 
whether or not such bonds and obligations have matured. It may pro-
vide for the issuance, sale, or exchange of refunding bonds for the 
purpose of redeeming or retiring any bonds (including payment of 
any premium, duplicate interest, or cash adjustment required in con-
nection therewith) issued by the commission or issued by any other 
issuing body, the proceeds of the sale of which have been applied to 
any facility acquired by the commission or which are payable out of 
the revenues of any facility acquired by the commission. Bonds may 
be issued partly to refund bonds and other obligations then outstand-
ing, and partly for any other purpose of the commission. All provi-
sions of this compact applicable to the issuance of bonds are applicable 
to refunding bonds and to the issuance, sale, or exchange thereof. 
"13.5—BONDS : AUTHORIZATION GENERALLY. Bonds and other indebt-
edness of the commission shall be authorized by resolution of the com-
mission. The validity of the authorization and issuance of any bonds 
by the commission shall not be dependent upon or affected in any way 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1527 
by: (1) the disposition of bond proceeds by the commission or by con-
tract, commitment or action taken with respect to such proceeds; or 
(2) the failure to complete any part of the project for which bonds 
are authorized to be issued. The commission may issue bonds in one 
or more series and may provide for one or more consolidated bond 
issues, in such principal amounts and with such terms and provisions 
as the commission may deem necessary. The bonds may be secured by a 
pledge of all or any part of the property, revenues, and franchises 
under its control. Bonds may be issued by the commission in such 
amount, with such maturities and in such denominations and form or 
forms, whether coupon or registered, as to both principal and interest, 
as may be determined by the commission. The commission may provide 
for redemption of bonds prior to maturity on such notice and at such 
time or times and with such redemption provisions, including 
premiums, as the commission may determine. 
"13.6—BONDS, RESOLUTIONS AND INDENTURES GENERALLY. The com-
mission may determine and enter into indentures providing for the 
principal amount, date or dates, maturities, interest rate, denomina-
tions, form, registration, transfer, interchange, and other provisions 
of the bonds and coupons and the terms and conditions upon which 
the same shall be executed, issued, secured, sold, paid, redeemed, 
funded, and refunded. The resolution of the commission, authorizing 
any bond or any indenture so authorized under which the bonds 
are issued may include all such covenants and other provisions other 
than any restriction on the regulatory powers vested in the commis-
sion by this compact as the commission may deem necessary or 
desirable for the issue, payment, security, protection, or marketing of 
the bonds, including without limitation covenants and other pro-
visions as to the rates or amounts of fees, rents, and other charges to 
be charged or made for use of the facilities; the use, pledge, custody, 
securing, application, and disposition of such revenues, of the pro-
ceeds of the bonds, and of any other moneys of the commission; the 
operation, maintenance, repair, and reconstruction of the facilities 
and the amounts which may be expended therefor; the sale, lease, or 
other disposition of the facilities; the insuring of the facilities and 
of the revenues derived therefrom; the construction or other acquisi-
tion of other facilities, the issuance of additional boiids or other 
indebtedness; the rights of the bondholders and of any trustee for 
the bondholders upon default by the commission or otherwise; and 
the modification of the provisions of the indenture and of the bonds. 
Reference on the face of the bonds to such resolution or indenture by 
its date of adoption or the apparent date on the face thereof is suffi-
cient to incorporate all of the provisions thereof and of this compact 
into the body of the bonds and their appurtenant coupons. Each taker 
and subsequent holder of the bonds or coupons, whether the coupons 
are attached to or detached from the bonds, has recourse to all of the 
provisions of the indenture and of this compact and is bound thereby. 
"13.7—MAXIMUM MATURITY. NO bond or its terms shall mature in 
more than fifty years from its own date, or on any date subsequent to 
the duration of this compact, and in the event any authorized issue is 
divided into two or more series or divisions, the maximum maturity 
date herein authorized shall be calculated from the date on the face of 
each bond separately, irrespective of the fact that different dates may 
be prescribed for the bonds of each separate series or division of any 
authorized issue. 
"13.8—TAX EXEMPTION. All bonds issued by the commission under 
the provisions of this compact and the interest thereon shall at all times 
1528 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
be free and exempt from all taxation by or under authority of any of 
the signatory parties, except for transfer, inheritance and estate taxes. 
"13.9—INTEREST. Bonds shall bear interest at a rate of not to exceed 
six percent per annum, payable annually or semi-annually. 
"13.10—PLACE OF PAYMENT. The commission may provide for the 
payment of the principal and interest of bonds at any place or places 
within or without the signatory states, and in any specified lawful coin 
or currency of the United States of America. 
"13.11—EXECUTION. The commission may provide for the execution 
and authentication of bonds by the manual, lithographed, or printed 
facsimile signature of officers of the commission, and by additional 
authentication by a trustee or fiscal agent appointed by the commis-
sion. If any of the officers whose signatures or countersignatures appear 
upon the bonds or coupons ceases to be an officer before the delivery 
of the bonds or coupons, his signature or countersignature is neverthe-
less valid and of the same force and effect as if the officer had remained 
in office until the delivery of the bonds and coupons. 
"13.12—Hou)iNG OWN BONDS. The commission shall have power 
out of any funds available therefor to purchase its bonds and may 
hold, cancel, or resell such bonds. 
"13.13—SALE. The commission may fix terms and conditions for the 
sale or other disposition of any authorized issue of bonds. The commis-
sion may sell at less than their par or face value, but no issue of bonds 
may be sold at an aggregate price below the par or face value thereof 
if such sale would result in a net interest cost to the commission calcu-
lated upon the entire issue so sold of more than six percent per annum 
payable semi-annually, according to standard tables of bond values. 
All bonds issued and sold for cash pursuant to this compact shall be 
sold on sealed proposals to the highest bidder. Prior to such sale, the 
commission shall advertise for bids by publication of a notice of sale 
not less than ten days prior to the date of sale, at least once in a news-
paper of general circulation printed and published in New York City 
carrying municipal bonds notices and devoted primarily to financial 
news. The commission may reject any and all bids submitted and may 
thereafter sell the bonds so advertised for sale at private sale to any 
financially responsible bidder under such terms and conditions as it 
deems most advantageous to the public interest, but the bond shall 
not be sold at a net interest cost calculated upon the entire issue so 
advertised, greater than the lowest bid which w^as rejected. In the 
event the commission desires to issue its bonds in exchange for an 
existing facility or portion thereof, or in exchange for bonds secured 
by the revenues of an existing facility, it may exchange such bonds for 
the existing facility or portion thereof or for the bonds so secured, plus 
an additional amount of cash, without advertising such bonds for sale. 
"13.14—NEGOTIABILITY. All bonds issued under the provisions of this 
compact are negotiable instruments, except when registered in the 
name of a registered owner. 
"13.15—LEGAL INVESTMENTS. Bonds of the commission shall be legal 
investments for savings banks, fiduciaries and public funds in each 
of the signatory states. 
"13.16—VALIDATION PROCEEDINGS. Prior to the issuance of any 
bonds, the commission may institute a special proceeding to determine 
the legality of proceedings to issue the bonds and their validity under 
the laws of any of the signatory parties. Such proceedings shall be 
instituted and prosecuted in rem, and the judgment rendered therein 
shall be conclusive against all persons whomsoever and against each 
of the signatory parties. 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1529 
"13.17—RECORDING. NO indenture need be recorded or filed in any 
public office, other than the office of the commission. The pledge of 
revenues provided in any indenture shall take effect forthwith as pro-
vided therein and irrespective of the date of receipts of such revenues 
by the commission or the indenture trustee. Such pledge shall be effec-
tive as provided in the indenture without physical delivery of the 
revenues to the commission or the indenture trustee. 
"13.18—PLEDGED REVENUES. Bond redemption and interest pay-
ments, to the extent provided in the resolution or indenture, shall 
constitute a first, direct and exclusive charge and lien on all such 
rates, rents, tolls, fees, and charges and other revenues and interest 
thereon received from the use and operation of the facility, and on 
any sinking or other funds created therefrom. All such rates, rents, 
tolls, fees, charges and other revenues, together with interest thereon, 
shall constitute a trust fund for the security and payment of such 
bonds, and except as and to the extent provided in the indenture with 
respect to the payment therefrom of expenses for other purposes 
including administration, operation, maintenance, improvements, or 
extensions of the facilities or other purposes shall not be used or 
pledged for any other purpose so long as such bonds, or any of them, 
are outstanding, and unpaid. 
"13.19—REMEDIES. The holder of any bond may for the equal benefit 
and protection of all holders of bonds similarl}^ situated; (1) by 
mandamus or other appropriate proceedings require and compel the 
performance of any of the duties imposed upon the commission or 
assumed by it, its officers, agents, or employees under the provisions 
of any indenture, in connection with the acquisition, construction, 
operation, maintenance, repair, reconstruction, or insurance of the 
facilities, or in connection with the collection, deposit, investment, 
application, and disbursement of the rates, rents, tolls, fees, charges, 
and other revenues derived from the operation and use of thie facilities, 
or in connection with the deposit, investment, and disbursement of 
the proceeds received from the sale of bonds; or (2) by action or suit 
in a court of competent jurisdiction of any signatory party require the 
commission to account as if it were the trustee of an express trust, 
or enjoin any acts or things which may be unlawful or in violation of 
the rig'hts of the holders of the bonds. The enumeration of such rights 
and remedies, however, does not exclude the exercise or prosecution 
of any other rights or remedies available to the holders of bonds. 
"13.20—CAPITAL FINANCING BY SIGNATORY PARTIES: GUARANTEES. 
"(a) The signatory parties shall provide such capital funds required 
for projects of the commission as may be authorized by their respective 
statutes in accordance with a cost sharing plan prepared pursuant to 
Article 12 of this compact; but nothing in this section shall be deemed 
to impose any mandatory obligation on any of the signatory parties 
other than such obligations as may be assumed by a signatory party 
in connection with a specific project or facility. 
"(b) Bonds of the commission, notwithstanding any other pro-
vision of this compact, may be executed and delivered to any duly 
authorized agency of any of the signatory parties without public 
offering and may be sold and resold with or without the guaranty 
of such signatory party, subject to and in accordance with the con-
stitutions of the respective signatory parties. 
"(c) The commission may receive and accept, and the signatory 
parties may make, loans, grants, appropriations, advances, and pay-
ments of reimbursable or nonreimbursable funds or property in any 
form for the capital or oj^erating purposes of the commission. 
1530 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
"ARTICLE 
14 
"PLAN, PROGRAM AND BUDGETS 
'5 
"SECTION 14.1—COMPREHENSIVE PLAN. The commission shall develop 
and adopt, and may from time to time review and revise, a compre-
hensive plan for the immediate and long range development and use 
of the water resources of the basin. The plan shall include all public 
and private projects and facilities which are required, in the judgment 
of the commission, for the optimum planning, development, conserva-
tion, utilization, management, and control of the Avater resources of 
the basin to meet present and future needs. The commission may adopt 
a comprehensive plan or any revision thereof in such part or parts 
as it may deem appropriate, provided that before the adoption of the 
plan or any part or revision thereof the commission shall consult with 
water users and interested public bodies and public utilities and shall 
consider and give due regard to the findings and recommendations of 
the various agencies of the signatory parties, their political subdivi-
sions, and interested groups. The commission shall conduct public 
hearings upon due notice given with respect to the comprehensive plan 
prior to the adoption of the plan or any part of the revision thereof, 
except that public and private projects and facilities which, in the 
judgment of the commission, are not required for the optimum plan-
ning, development, conservation, utilization, management, and control 
of the water resources of the basin and which, in the judgment of the 
commission, will not significantly affect the water resources of the 
basin, may be added directly to the comprehensive plan at any time 
at the discretion of the commission without public hearing thereon. 
The comprehensive plan shall take into consideration the effect of the 
plan or any part thereof upon the receiving waters of Chesapeake Bay. 
"14.2—^WATER RESOURCES PROGRAM. The commission shall annually 
adopt a water resources program, based upon the comprehensive plan, 
consisting of the projects and facilities which the commission proposes 
to be undertaken by the commission and by other authorized govern-
mental and private agencies, organizations, and persons during the 
ensuing six years or such other reasonably foreseeable period as the 
commission may determine. The water resources program shall include 
a systematic presentation of: 
"1. The quantity and quality of water resources needs for such 
period; 
"2. The existing and proposed projects and facilities required to 
satisfy such needs, including all public and private projects to be 
anticipated; and 
"3. A separate statement of the projects proposed to be undertaken 
by the commission during such period. 
"14.3—ANNUAL CURRENT EXPENSE AND CAPITAL BUDGETS. 
"(a) The commission shall annually adopt a capital budget includ-
ing all capital projects it proposes to undertake or continue during 
the budget period containing a statement of the estimated cost of each 
project and the method of financing thereof. 
"(b) The commission shall annually adopt a current expense budget 
for each fiscal year. Such budget shall include the commission's esti-
mated expenses for administration, operation, maintenance, and 
repairs, including a separate statement thereof for each project, 
together with its cost allocation. The total of such expenses shall be 
balanced by the commission's estimated revenues from all sources, 
including the cost allocations undertaken by any of the signatory par-
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1531 
ties in connection Avith any project. Following the adoption of the 
annual current expense budget by the commission, the executive direc-
tor of the commission shall: 
"1. Certify to the respective signatory parties the amounts due in 
accordance with existing cost sharing established for each project; 
and 
"2. Transmit certified copies of such budget to the principal budget 
officer of the respective signatory parties at such time and in such 
manner as may be required under their respective budgetary proce-
dures. The amount required to balance the current expense budget 
in addition to the aggregate amount of item 1 above and all other 
revenues available to the commission shall be apportioned equitably 
among the signatory parties by unanimous vote of the commission, 
and the amount of such apportionment to each signatory party shall 
be certified together with the budget. 
"(c) The respective signatory parties covenant and agree to include 
the amounts so apportioned for the support of the current expense 
budget in their respective budgets next to be adopted, subject to such 
review^ and approval as may be required by their respective budgetary 
processes. Such amounts shall be due and payable to the commission 
in quarterly installments during its fiscal year, provided that the 
commission may draw upon its working capital to finance its current 
expense budget pending remittance by the signatory parties. 
"ARTICLE 15 
GENERAL PROVISIONS 
u 
"SECTION 15.1—AUXILIARY POWERS OF COMMISSION; FUNCTIONS 
OF COMMISSIONERS. 
"(a) The commission, for the purposes of this compact, may: 
"1, Adopt and use a corporate seal, enter into contracts, and sue 
and be sued in any court of competent jurisdiction; 
"2. Receive and accept such payments, appropriations, grants, gifts, 
loans, advances, and other funds, properties, and services as may 
be transferred or made available to it by any signatory party or by 
any other public or private corporation or individual, and enter into 
agreements to make reimbursement for all or part thereof; 
"3. Provide for, acquire, and adopt detailed engineering, adminis-
trative, financial, and operating plans and specifications to effectuate, 
maintain, or develop any facility or project; 
"4. Control and regulate the use of facilities owned or operated 
by the commission; 
"5. Acquire, own, operate, maintain, control, sell and convey real 
and personal property and any interest therein by contract, pur-
chase, lease, license, mortgage, or otherwise as it may deem necessary 
for any project or facility, including any anid all appurtenances 
thereto necessary, useful, or convenient for such ownership, opera-
tion, control, maintenance, or conveyance; 
"6. Have and exercise all corporate powers essential to the 
declared objects and purposes of the commission. 
"(b) The commissioners, subject to the provisions of this compact, 
shall: 
"1. Serve as the governing body of the commission, and exercise 
and discharge its powers and duties, except as otherwise provided by 
or pursuant to this compact; 
"2. Determine the character of and the necessity for its obligations 
and expenditures and the manner in w^hich they shall be incurred, 
1532 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
allowed, and paid subject to any provisions of law specifically appli-
cable to agencies or instrumentalities created by this compact; 
"3. Provide for the internal organization and administration of 
the commission; 
"4. Appoint the principal oJfHcers of the commission and delegate 
to and allocate among them administrative functions, powders and 
duties; 
"5. Create and abolish offices, employments, and positions as it 
deems necessary for the purposes of the commission, and subject to 
the provisions of this article, fix and provide for the qualifications, 
appointments, removal, term, tenure, compensation, pension, and 
retirement rights of its officers and employees; 
"6. Let and execute contracts to carry out the powers of the com-
mission. 
"15.2—REGULATIONS; ENFORCEMENT. The commission may: 
"1. Make and enforce rules and regulations for the effectuation, 
application, and enforcement of this compact; and it may adopt and 
enforce practices and schedules for or in connection with the use, main-
tenance, and administration of projects and facilities it may own or 
operate and any product or service rendered thereby; provided that 
any rule or regulation, other than one which deals solely with the inter-
nal management of the commission, shall not be effective unless and 
until filed in accordance with the law of the respective signatory parties 
applicable to administrative rules and regulations generally; and 
"2. Designate any officer, agent, or employee of the commission to 
be an investigator or watchman and such person shall be vested with 
the powers of a peace officer of the state in which he is duly assigned 
to perform his duties. 
"15.3—TAX EXEMPTIONS. The commission, its property, functions, 
and activities shall be exempt from taxation by or under the authority 
of any of the signatory parties or any political subdivision thereof; 
provided that in lieu of property taxes the commission, as to its specific 
projects, shall make payments to local taxing districts in annual 
amounts which shall equal the taxes lawfully assessed upon property 
for the tax year next prior to its acquisition by the commission for a 
period of ten years. The natui-e and amount of such payment shall 
1
3
6 reviewed by the commission at the end of ten years, and from time 
to time thereafter, upon reasonable notice and opportunity to be heard 
to the affected taxing district, and the payments may be thereupon 
terminated or continued in such reasonable amount as may be necessary 
or desirable to take into account hardships incurred and benefits 
received by the taxing jurisdiction which are attributable to the 
project. 
"15.4—MEETINGS; PUBLIC HEARING; RECORDS, MINUTES. 
"(a) All meetings of the commission shall be open to the public. 
"(b) The commission shall conduct at least one public hearing in 
each state prior to the adoption of the initial comprehensive plan. In 
all other cases wherein this compact requires a public hearing, such 
hearing shall be held upon not less than twenty days' public notice 
given by posting at the offices of the commission, and published at 
least once in a newspaper or newspapers of general circulation in the 
area or areas affected. The commission shall also provide forthwith for 
distribution of such notice to the press and by the mailing of a copy 
thereof to any person who shall request such notices. 
"(c) The minutes of the commission shall be a public record open 
to inspection at its offices during regular business hours. 
84 STAT. ] 
PUBLIC LAW 91-575--DEC. 24, 1970 
1533 
"15.5—OFFICERS GENERALLY. 
"(a) The officers of the commission shall consist of an executive 
director and such additional officers, deputies, and assistants as the 
commission may determine. The executive director shall be appointed 
and may be removed by the affirmative vote of a majority of the full 
membership of the commission. All other officers and employees shall 
be appointed or dismissed by the executive director under such rules 
of procedure as the commission may establish. 
"(b) In the appointment and promotion of officers and employees 
for the commission, no political, racial, religious, or residence test or 
qualification shall be permitted or given consideration, but all such 
appointments and promotions shall be solely on the basis of merit and 
fitness. Any officer or employee of the commission who is found by 
the commission to be guilty of a violation of this section shall be 
immediately dismissed. 
"15.6—OATH OF OFFICE. An oath of office in such form as the com-
mission shall prescribe shall be taken, subscribed, and filed with the 
commission by the executive director and by each officer appointed 
by him not later than fifteen days after the appointment. 
"15.7—BOND. Each officer shall give such bond and in such form 
and amount as the commission may require, for which the commis-
sion shall pay the premium. 
"15.8—PROHIBITED ACTIVITIES. 
"(a) Xo commissioner, officer or employee shall: 
"1. Be financially interested, either directly or indirectly, in any 
contract, sale, purchase, lease, or transfer of real or personal property 
to wliich the commission is a party; 
"2. Solicit or accept money or any other thing of value in addition 
to the compensation or expense paid him by the commission for serv-
ices performed within the scope of his official duties; 
"3. Offer money or any thmg of value for or in consideration of 
obtaining an appointment, promotion, or privilege in his employment 
with the commission. 
"(b) Any officer or employee who willfully violates any of the pro-
visions of this section shall forfeit his office or employment. 
"(c) Any contract or agreement knowingly made in contravention 
of this section is void. 
"(d) Officers and employees of the commission shall be subject, 
in addition to the provisions of this section, to such criminal and 
civil sanctions for misconduct in office as may be imposed by Fed-
eral law and the law of the signatory state in which such misconduct 
occurs. 
"15.9—PURCHASING. Contracts for the construction, reconstruction 
or improvement of any facility when the expenditure required ex-
ceeds ten thousand dollars, and contracts for the purchase of services, 
supplies, equipment, and materials when the expenditure required ex-
ceeds five thousand dollars shall be advertised and let upon sealed bids 
to the lowest responsible bidder. Notice requesting such bids shall be 
published in a manner reasonably likely to attract prospective bidders, 
which publication shall be made at least thirty days before bids are 
received and in at least two newspapers of general circulation in the 
basin. The commission may reject any and all bids and readvertise in 
its discretion. If after rejecting bids the commission determines and 
resolves that in its opinion the supplies, equipment, and materials may 
be purchased at a lower price in the open market, the commission may 
give each responsible bidder an opportunity to negotiate a price and 
may proceed to purchase the supplies, equipment, and materials in 
1534 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
the open market at a negotiated price which is lower than the lowest 
rejected bid of a responsible bidder, without further observance of 
the provisions requiring bids or notice. The commission shall adopt 
rules and regulations to provide for purchasing from the lowest respon-
sible bidder when sealed bids, notice, and publication are not rec^uired 
by this section. The commission may suspend and waive the provisions 
of this section requiring competitive bids whenever: 
"1. The purchase is to be made from or the contract to be made with 
the Federal or any state government or agency or political subdivision 
thereof or pursuant to any open and bulk purchase contract of any 
of them; 
"2. The public exigency requires the immediate delivery of the arti-
cles or performance of the service; 
"3. Only one source of supply is available; 
"4. The equipment to be purchased is of a technical nature and the 
procurement thereof without advertising is necessary in order to as-
sure standardization of equipment and interchangeability of parts in 
the public interest; or 
"5. Services are to be provided of a specialized or professional 
nature. 
"15.10—INSURANCE. The commission may self-insure or purchase 
insurance and pay the premium therefor against loss or damage to 
any of its properties; against liability for injury to persons or prop-
erty; and against loss of revenue from any cause whatsoever. Such 
insurance coverage shall be in such form and amount as the commis-
sion may determine, subject to the requirements of any agreement 
arising out of the issuance of bonds by the commission. 
"15.11—ANNUAL INDEPENDENT AUDIT. 
" (a) As soon as practical after the closing of the fiscal year an audit 
shall be made of the financial accounts of the commission. The audit 
shall be made by qualified certified public accountants selected by 
the commission, who have no personal interest direct or indirect in 
the financial affairs of the commission or any of its officers or employees. 
The report of audit shall be prepared in accordance with accepted 
accounting practices and shall be filed with the chairman and such 
other officers as the commission may direct. Copies of the report shall 
be distributed to each commissioner and shall be made available for 
public distribution. 
" (b) Each signatory party by its duly authorized officers shall be 
entitled to examine and audit at any time all of the books, documents, 
records, files, and accounts and all other papers, things, or j)roperty 
of the commission. The representatives of the signatory parties shall 
have acoess to all books, documents, records, accounts, reports, files, 
and all other papers, things, or property belonging to or in use by 
the commission and necessary to facilitate the audit and they shall 
be afforded full facilities for verifying transactions with the balances 
or securities held by depositaries, fiscal agents, and custodians. 
"(c) The financial transactions of the commission shall be subject 
to audit by the General Accounting Office in accordance with the prin-
ciples and procedures applicable to commercial corporate transactions 
and under such rules and regulations as may be prescribed by the 
Comptroller General of the United States. The audit shall be conducted 
at the place or places where the accounts of the commission are kept. 
"(d) Any officer or employee who shall refuse to give all required 
assistance and information to the accountants selected by the commis-
sion or to the authorized officers of any signatory party or who shall 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1!335 
refuse to^ submit to them for examination siicli books, documents, 
records, files, accounts, papers, tilings, or property as may be requested 
shall forfeit his office. 
"15.12—KEPORTS. The commission shall make and i^ublish an annual 
report to the legislative bodies of the signatory parties and to the public 
reporting on its programs, operations, and finances. It may also pre-
pare, publish, and distribute such other public reports and informa-
tional material as it may deem necessary or desirable. 
''15.18—GRANTS, LOANS, OR PAYMENTS BY STATES OR POLITICAL 
SUBDIVISIONS. 
" (a) Any or all of the signatory parties or any political subdivisions 
thereof may: 
"1. Appropriate to the commission such funds as may be necessary 
to pay preliminary expenses such as the expenses incurred in the 
making of borings, and other studies of subsurface conditions, in the 
preparation of contracts for the sale of water and in the preparation 
of detailed plans and estimates required for the financing of a project; 
"2. Advance to the commission, either as grants or loans, such funds 
as may be necessary or convenient to finance the operation and manage-
ment of or construction by the commission of any facility or project; 
"3. Make payments to the commission for benefits received or to be 
received from the operation of any of the projects or facilities of the 
commission. 
"(b) Any funds which may be loaned to the commission either by 
a signatory party or a political subdivision thereof shall be repaid by 
the commission through the issuance of bonds or out of other income of 
the commission, such repayment to be made within such period and 
upon such terms as may be agreed upon between the commission and 
the signatory party or political subdivision making the loan. 
"15.14—CONDEMNATION PROCEEDINGS. 
"(a) The commission shall have the power to acquire by condemna-
tion the fee or any lesser interest in lands, lands lying under water, 
development rights in land, riparian rights, water rights, waters and 
other real or personal property within the basin for any project or 
facility authorized pursuant to this compact. This grant of power of 
eminent domain includes but is not limited to the power to condemn for 
the purposes of this compact any property already devoted to a pub-
lic use, by whomsoever owned or held, other than property of a sig-
natory party. Any condemnation of any property or franchises owned 
or used by a municipal or privately owned public utility, unless the 
affected public utility facility is to be relocated or replaced, shall be 
subject to the authority of such state board, commission, or other body 
as may have regulatory jurisdiction over such public utility. 
"(b) The power of condemnation referred to in subsection (a) shall 
be exercised in accordance with the provisions of the state condemna-
tion law in force in the signatory state in which the property is located. 
If there is no applicable state condemnation law, the power of condem-
nation shall be exercised in accordance with the provisions of Federal 
condemnation law. 
"(c) Any award or compensation for the taking of property pur-
suant to this article shall be paid by the commission, and none of the 
signatory parties nor any other agency, instrumentality or political 
subdivision thereof shall be liable for such award or compensation. 
1536 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
"15.15—CONVEYANCE 
OF 
LANDS 
AND 
RELOCATION 
OF 
PUBLIC 
FACILITIES. 
"(a) The respective officers, agencies, departments, commissions, or 
bodies having jurisdiction and control over real and personal property 
owned by the signatory parties are authorized and empowered to trans-
fer and convey in accordance with the laws of the respective parties to 
the commission any such property as may be necessary or convenient 
to the effectuation of the authorized purposes of the commission. 
" (b) Each political subdivision of each of the signatory parties, not-
withstanding any contrary provisions of law, is authorized and empow-
ered to grant and convey to the commission, upon the commission's 
request, any real property or any interest therein owned by such politi-
cal subdivision including lands lying under water and lands already 
devoted to public use which may be necessary or convenient to the effec-
tuation of the authorized purposes of the commission. 
"(c) Any highway, public utility, or other public facility which will 
be dislocated by reason of a project deemed necessary by the commis-
sion to effectuate the authorized purposes of this compact shall be 
relocated and the cost thereof shall be paid in accordance with the law 
of the state in which the facility is located; provided that the cost of 
such relocation payable by the commission shall not in any event exceed 
the expenditure required to serve the public convenience and necessity. 
"15.16—RIGHTS OF WAY. Permission is hereby granted to the com-
mission to locate, construct, and maintain any aqueducts, lines, pipes, 
conduits, and auxiliary facilities authorized to be ac<juired, con-
structed, owned, operated, or maintained by the commission in, over, 
under, or across any streets and highways now or hereafter owned, 
opened, or dedicated to or for public use, subject to such reasonable 
conditions as the highway department of the signatory party may 
require. 
"15.17—PENALTY. Any person, association, or corporation who vio-
lates or attempts or conspires to violate any provisions of this compact 
or any rule, regulation, or order of the commission duly made, promul-
gated, or issued pursuant to the compact in addition to anj^ other 
remedy, penalty, or consequence provided by law shall be punishable 
as may be provided by statute of any of the signatory parties within 
which the violation is committed; provided that in the absence of such 
provision any such person, association, or corporation shall be liable 
to a penalty of not less than $50 nor more than $1,000 for each such 
violation to be fixed by the court which the commission may recover 
in its own name in any court of competent jurisdiction, and m a sum-
mary proceeding where available under the practice and procedure 
of such court. For the purposes of this section in the event of a con-
tinuing offense each day of such violation, attempt, or conspiracy 
shall constitute a separate offense. 
"15.18—TORT LIABILITY. The commission shall be responsible for 
claims arising out of the negligent acts or omissions of its officers, 
agents, and employees only to the extent and subject to the procedures 
prescribed by law generally with respect to officers, agents, and em-
ployees of the government of the United States. 
"15.19—EFFECT ON RIPARIAN RIGHTS. Nothing contained in this 
compact shall be construed as affecting or intending to affect or in any 
way to interfere with the law of the respective signatory parties relat-
ing to riparian rights. 
"15.20—AMENDMENTS AND SUPPLEMENTS. Amendments and supple-
ments to this compact to implement the purposes thereof may be 
adopted by legislative action of any of the signatory parties concurred 
in by all of the others. 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1537 
"15.21—CONSTRUCTION AND SEVEKABILTTY. The provisions of this 
compact and of agreements thereunder shall be severable and if any 
])hrase, clause, sentence, or provision of the Susquehanna River Basin 
Compact or such agreement is declared to be unconstitutional or the 
applicability thereof to any signatory party, agency, or person is held 
invalid, the constitutionality of the remainder of such compact or such 
agreement and the applicability thereof to any other signatory party, 
agency, person, or circumstance shall not be affected thereby. It is 
the legislative intent that the provisions of such compact, be reason-
ably and liberally construed. 
"15.22—EFFECTIVE DATE; EXECUTION. This compact shall become 
binding and effective thirty days after the enactment of concurring 
legislation by the Federal government, the states of Maryland and 
Xew York, and the Commonwealth of Pennsylvania. The compact 
shall be signed and sealed in five identical original copies by the respec-
tive chief executive of the signatory parties. One such copy shall 
be filed with the Secretary of State of each of the signatory parties 
or in accordance with the laws of the state in which the filing is made, 
and one copy shall be filed and retained in the archives of the com-
mission upon its organization." 
RESERVATIONS 
SEC. 2. In the exercise of the powers reserved to the Congress, pur-
suant to section 1.4 of the compact, the consent to and participation 
^"'e» P« ^^iz. 
in the compact by the ITnited States is subject to the following con-
ditions and reservations: 
(a) Notwithstanding any provision of the Susquehanna Eiver 
Project plans. 
Basin compact the Susquehanna River Basin Commission shall not l^eTs. ^ ° ^ "" 
undertake any project (as defined in such compact), other than a 
j)roject for which State supplied funds only will be used, beyond 
the planning stage until— 
(1) such commission has submitted to the Congress such com-
plete plans and estimates for such project as may be necessary to 
make an engineering evaluation of such project including— 
(A) where the project will serve more than one purpose, 
an allocation of costs among the purposes served and an esti-
mate of the ratio of benefits to costs for each such purpose. 
(B) an apportionment of costs among the beneficiaries 
of the project, including the portion of the costs to be borne 
by the Federal Government and by State and local govern-
ments, and 
(C) a proposal for financing the project, including the 
terms of any proposed bonds or other evidences of indebted-
ness to be used for such purpose, and 
(2) such project has been authorized by Act of Congress: 
Provided, That when a project has been authorized by Congress, such 
additional or changed uses of storage therein as the commission may 
desire shall require project reauthorization, with reallocation of proj-
ect costs to all project purposes served. 
(b) No provision of section 3.9 of the compact shall be deemed to ^ ^^'^ *''^' 
authorize the commission to impose any charge for water withdrawals 510^ charged, 
or diversions from the basin if such withdrawals or diversions could prohibition 
lawfully have been made without charge on the effective date of the 
compact or to impose any charges with respect to commercial naviga-
tion within the basin, jurisdiction over which is reserved to the Fed-
eral Government: Provided, That this paragraph shall be applicable 
to the extent not inconsistent with section 1.4 of this compact. 
drawal or diver-
on charges, 
ohlbition. 
Ante, p. 1516. 
1538 
PUBLIC LA\^ 91-575-DEC. 24, 1970 
[84 STAT. 
Bonds, taxa-
tion. 
Wages. 
49 Stat. 1011. 
(c) Nothing contained in the compact shall be deemed to restrict 
the Executive powers of the President in the event of a national 
emergency. 
(d) Nothing contained in the compact shall be construed as impair-
ing or in any manner affecting the applicability to all Federal funds 
budgeted and appropriated for use by the commission of such author-
ity over budgetary and appropriation matters as the President and 
Congress may have with respect to agencies in the executive branch 
of the Federal Government. 
(e) Except to the same extent that State bonds are or may continue 
to be free or exempt from Federal taxation under the internal revenue 
laws of the United States, nothing contained in the compact shall be 
construed as freeing or exempting from internal revenue taxation in 
any manner whatsoever any bonds issued by the commission, their 
transfer, or the income therefrom (including any profits made on the 
sale thereof). 
(f) Nothing contained in the compact shall be construed to obligate 
the United States legally or morally to pay the principal or interest 
on any bonds issued by the Susquehanna River Basin Commission. 
(g) All laborers and mechanics employed by contractors or sub-
contractors in the construction, alteration or repair, including painting 
and decorating of projects, buildings and works which are undertaken 
by the commission or are financiallv assisted by it, shall be paid wages 
at rates not less than those prevailing on similar construction in the 
locality so determined by the Secretary of Labor in accordance with 
the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and 
every such employee shall receive compensation at a rate not less 
than one and one half times his basic rate of pay for all hours worked 
in any workweek in excess of eight hours in any workday or forty 
hours in any workweek, as the case may be. A provision stating the 
minimum wages thus determined and the requirement that overtime 
be paid as above provided shall be set out in each project advertise-
ment for bids and in leach bid proposal form and shall be made a 
part of the contract covering the project. The Secretary of Labor shall 
have, with respect to the administration and enforcement of labor 
standards specified in this provision, the supervisory, investigatory 
and other authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), and section 2 of 
the Act of June 13, 1934, as amended (48 Stat. 948, as amended, 50 
U.S.C. 276(c)). 
(h) The commission shall insure that there is no discrimination on 
the ground of race, color, religion, sex. or national origin in (1) the 
programs and activities of the commission, (2) the employment prac-
tices of the commission, and (3) the employment practices of parties 
entering into contracts with the commission, including construction 
contracts and contracts for private concessions in connection with 
recreational facilities. 
(i) Contracts for the manufacture or furnishing of materials, 
supplies, articles and equipment with the commission which are in 
excess of $10,000 shall be subject to the provisions of the Walsh-
Healey Public Contracts Act (41 TT.S.C. 35 et seq.). 
Water pollution. 
(j) Nothing Contained in this Act or in the compact shall be con-
strued as superseding or limiting the functions, under any other law, 
of the Secretary of tlie Interior or of any other officer or agency of 
the Ignited States, relating to water pollution: Provided, That the 
exercise of sucli functions shall not limit the authority of the commis-
sion to control, prevent or abate water pollution. 
63 Stat. 108. 
40 u s e 276c. 
Discrimination, 
prohibition. 
49 Stat. 2036. 
84 STAT. ] 
PUBLIC LAW 91-575-DEC. 24, 1970 
1539 
(k) The provisions of section 8.4 of article 8 of the compact shall 
^"fe» P- 1522. 
not be construed to apply to facilities operated pursuant to any other 
Federal law. 
(1) For the purposes of the Federal Tort Claims Act, of June 25, 
1948 (62 Stat. 982), as amended (28 U.S.C. ch. 171 and sections 1346(b) 
and 2401(b)) and the Tucker Act of March 3, 1887 (24 Stat. 505), as 
amended (28 U.S.C. 1346(a)(2), 1402, 1491, 1496, 1501, 1503, 2411, 
2412, 2501), and the Administrative Procedure Act of Jime 11, 1946 
62 stat. 933. 
(60 Stat. 237), as amended (5 U.S.C. 551-558, 701-706), and the Fed-
eral Power Act of June 10,1920 (41 Stat. 1063), as amended (16 U.S.C. 
791-823), the commission shall not be considered a Federal agency. 
(m) The officers and employees of the commission (other than the 
United States member, alternate United States member, and advisers, 
and personnel employed by the United States member under direct 
Federal appropriation) shall not be deemed to be, for any purpose, 
officers or employees of the United States or to become entitled at any 
time by reason of employment by the commission to any compensation 
or benefit payable or made available by the United States solely and 
directly to its officere or employees. 
(n) Neither the compact nor this Act shall be deemed to enlarge 
the authority of any Federal agency other than the commission to 
participate in or to provide funds for projects or activities in the 
Susquehanna River Basin. 
(o) Notwithstanding paragraph 7 of section 3.10 of the compact, 
jurisdiction. 
the United States district courts shall have original jurisdiction of 
"^"'^' ^
* ^^^^* 
all cases or controversies arising under the compact and this Act, 
and any case or controversy so arising initiated in a State court shall 
be removable to the appropriate United States district court in the 
manner provided by section 1446 of title 28, United States Code. 
^2 stat. 939; 
Nothing contained in the compact or elsewhere in this Act shall be 
construed as a waiver by the United States of its immunity from suit. 
(p) The right to alter, amend, or repeal this Act is hereby expressly 
reserved. The right is hereby reserved to the Congress or any of its 
standing committees to require the disclosure and furnishing of such 
information and data by the Susquehanna River Basin Commission 
as is deemed appropriate by the Congress or any such committee. 
(q) The provisions of sections 2.4 and 2.6 of article 2 of the com- 
^"'«' P- IS 13. 
pact notwithstanding, the member and alternate member appointed 
by the President and adviser there referred to may be paid compen-
sation by the United States, such compensation to be fixed by the 
President at the rates which he shall deem to prevail in respect to 
comparable officers in the executive branch. 
(r) 1. Nothing contained in this compact or in this Act shall impair, 
affect, or extend the constitutional authority of the United States. 
2. Nothing contained in this compact or in this Act and no action 
of the commission shall supersede, impair, affect, compel, or prevent 
the exercise of any of the powers, rights, functions, or jurisdiction of 
the United States under other existing or future legislation in or 
over the area or waters which are the subject of the compact, including 
projects of the commission: Provided, That— 
(i) The commission shall serve as the principal agency for the 
coordination of Federal, State, interstate, local, and nongovernmental 
plans for water and related land resources in the Susquehanna 
River Basin. 
(ii) Except as provided in reservation (j), whenever a comprehen-
sive plan, or any part or revision thereof, has been adopted with the 
concurrence of the member appointed by the President, the exercise of 
any powers conferred by law on any officer, agency, or instrumentality 
47-348 O - 72 - 14 (Pt. 2) 
1540 
PUBLIC LAW 91-575-DEC. 24, 1970 
[84 STAT. 
Antct pp. 1516, 
1524. 
Federal project 
proposals, com-
mission review. 
Report to Con-
gress. 
Comprehensive 
plan, adoption. 
Withdrawal, 
notice. 
Ante, 
p. 1512. 
Technical serv-
ices. 
of the United States with regard to water and related land resources 
in the Susquehanna River Basin shall not substantially conflict with 
any such portion of such comprehensive plan and the provisions of 
section 3.10 and article 12 of the compact shall be applicable to the 
extent necessary to avoid such substantial conflict: Provided 
further^ 
That whenever the President shall find and determine that the national 
interest so requires, he may suspend, modify, or delete any provision 
of the comprehensive plan to the extent necessary to permit action by 
the affected agency or officer in accord with the national interest. Such 
action shall be taken by executive order in which such finding and 
determination shall be set forth. 
(iii) To insure consideration by Congress or any committee thereof 
of the commission's views, proposals for Federal projects which come 
within one or more of the classes requiring commission review under 
section 3.10 of the compact shall be submitted to the commission for 
review and recommendation for a period of ninety days or such 
longer time as may be requested by the commission with the concurring 
vote of the member appointed by the President; and the recommenda-
tions and views of the commission thereon, if any, shall be included in 
any report submitted by the sponsoring Federal agency to the Con-
gress or to any committee thereof in connection with any request for 
authorization or appropriations therefor. 
3. For the purposes of paragraph 2(ii) hereof, concurrence by the 
member appointed by the President shall be presumed unless within 
sixty days after notice to him of adoption of the comprehensive plan, 
or any part or revision thereof, he shall file with the commission 
notice of (i) no objection, or (ii) nonconcurrence. Each concurrence 
of the member appointed by the President in the adoption of the com-
prehensive plan or any part or revision thereof may be withdrawn 
by notice filed with the commission at any time between the first and 
sixtieth day of the sixth year after the initial adoption of the com-
prehensive plan and of every sixth year thereafter. 
(s) In the event that any phrase, clause, sentence or provision of 
section 1.4 of article 1 of the compact, is declared to be unconstitutional 
under the constitution of any of the signatory parties, or the appli-
cability thereof to any signatory party, agency or person is held invalid 
by a court of last resort of competent jurisdiction, the United States 
shall cease to be a party to the compact: Provided^ That the Presi-
dent may continue United States participation in the activities of the 
commission to the extent that he deems necessary and proper to pro-
tect the national interest. 
(t) (1) All Acts or parts of Acts inconsistent with the provisions 
of this Act are hereby amended for the purpose of this Act to the extent 
necessary to carry out the provisions of this Act. 
(2) No action of the commission shall have the effect of repealing, 
modifying, or amending any Federal law. 
(u) Notwithstanding the provisions of section 2.2 and 2.3 of the 
compact, the Federal member of the commission and his alternate 
shall be appointed by the President of the United States and shall 
serve at the pleasure of the President. 
(v) Notwithstanding the provisions of section 12.5 or any other 
provision of the compact, the furnishing of technical services to the 
commission by agencies of the executive branch of the Government of 
the United States is pledged only to the extent that the respective agen-
cies shall from time to time agree thereto or to the extent that the 
President may from time to time direct such agencies to perform such 
services for the commission. Nothing in the compact shall be deemed 
84 STAT. ] 
PUBLIC LAW 91-576-DEC. 24, 1970 
1541 
to require the United States to furnish administrative services or 
facilities for carrying out functions of the commission except to the 
extent that the President may direct. 
(w) Nothing contained in this Act or in the compact shall super-
sede, impair, affect, compel, or prevent the exercise of any of the 
powers, rights, functions, or jurisdiction of the Federal Power Com-
mission, Federal Communications Commission, Atomic Energy Com-
mission, Interstate Commerce Commission, or other such Federal 
independent regulatory agency under existing or future legislation. 
Accordingly, no action of the Susquehanna Eiver Basin Commission 
shall conflict with any of the terms or conditions of any license or 
permit granted or issued by the aforementioned Federal agencies. This 
reservation shall not be construed as a basis for noncompliance with 
the requirements of the compact or this Act; nor shall it be construed 
to permit use of waters of the Susquehanna River Basin or to endanger 
their quality without approval pursuant to the compact. 
EFFECTUATION 
SEC. 3. (a) The President is authorized to take such action as may 
be necessary and proper, in his discretion, to effectuate the com-
pact and the initial organization and operation of the commission 
thereunder. 
(b) Executive departments and other agencies of the executive 
branch of the Federal Government shall cooperate with and furnish 
appropriate assistance to the United States member. Such assistance 
shall include the furnishing of services and facilities and may include 
the detailing of personnel to the United States member. Appropria- 
Appropriation. 
tions are hereby authorized as necessary for the support of the United 
States member and his office, including appropriations for the employ-
ment of personnel by the United States member. 
Approved December 24, 1970. 
Public Law 91-576 
AN ACT 
December 24,1970 
To designate the comprehensive Missouri River Basin development program as 
[s. iioo] 
the Pick-Sloan Missouri Basin program. 
Pick-Sloan 
Missouri Basin 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the comprehen- ^ ^^ 
sive program of flood control, navigation improvement, and develop- program 
ment for the Missouri Kiver Basin, which arose out of the coordination 
Designation 
of the multiple-purpose plans recommended in the report of the Corps 
of Engineers, United States Army, contained in House Document 
Numbered 475, Seventy-eighth Congress, and in the report of the 
Bureau of Eeclamation, Department of the Interior, contained in Sen-
ate Document Numbered 191, Seventy-eighth Congress, shall hereafter 
be known as the Pick-Sloan Missouri Basin pro-am. Any law, regula-
tion, document, or record of the United States in which such program 
is designated or referred to under the name of the Missouri River 
Basin development program, or under any other name, shall be held 
and considered to refer to such program under and by the name of the 
Pick-Sloan Missouri Basin program. 
Approved December 24, 1970.