Joint resolution Granting consent of Congress to a compact entered into between the State of New York and the State of New .Jersey for the creation of the New York-New Jersey Transportation Agency
PL 86-302 (H.J.Res.403), enacted 09/21/1959

73 S T A T . ] 
PUBLIC LAW 86-302-SEPT. 21, 1959 
575 
Public Law 86-301 
JOINT RESOLUTION 
September 21, 1959 
Troviding for the erection of a memorial tablet at Garden Key, Florida, in honor 
[H, J. Res, so] 
of Doctor Samuel Alexander Mndd. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assemhled^ That, in recognition of the 
unselfish services rendered to fellow prisoners by Doctor Samuel 
Alexander Mudd while he was imprisoned, the Secretary of the Inte-
rior is authorized and directed to erect a memorial tablet of appro-
priate design on the site of the ruins of Fort Jefferson, Garden Key, 
Florida, to the memory of Doctor Samuel Alexander Mudd. 
Approved September 21, 1959. 
Public Law 86-302 
JOINT RESOLUTION 
September ;il, 1959 
Granting consent of Congress to a compact entered into between the State of 
[H. j . Res. 403] 
New York and the State of New .Jersey for the creation of the New York-
New Jersey Transportation Agency. 
Whereas the State of New York and the State of New Jersey have 
entered into a certain compact known as the New York-New Jersey 
Transportation Agency Compact, by means of concurrent legislation 
to that end, being chapter 420 of the Laws of New York of 1959, 
and chapter 13 of the Laws of New Jersey of 1959 as amended by 
chapter 24 of the Laws of New Jersey of 1959, for the development 
and execution of interim plans and the preparation of a long-range 
plan to deal with problems of mass transit systems for the trans-
portation by common carrier of passengers to or across the Hudson 
River, or both, with respect to those phases with which either of 
the States, acting alone, cannot deal effectively: Therefore be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the consent of Con- ^^^sJ'i^a^s'^ttZ 
gress, subject to the provisions and conditions of section 2 of this tion Agency com-
joint resolution, is hereby given to the States of New York and New P^*"*-
Jersey for the New York-New Jersey Transportation Agency Com-
pact, and to each and every part and article thereof: Provided,^ That 
nothing contained in said compact shall be construed as impairing 
or in any manner affecting any right or jurisdiction of the United 
States in and over the region which forms the subject of the compact 
or the power of Congress, pursuant to the United States Constitution, 
over interstate or foreign commerce. 
Such compact reads as follows: 
"NEW YORK-NEW J E R S E Y TRANSPORTATION AGENCY 
COMPACT 
"ARTICLE 1 
"LEGISLATIVE DECLARATION 
"1.1 Findings and policy. 
The legislatures of the State of New 
York and the State of New Jersey, respectively, hereby find and 
declare that: 
"(a) Provision for efficient and proper transportation of com-
muters and other persons by public mass transit inethpds within and 
576 
PUBLIC LAW 86-302-SEPT. 21, 1959 
[73 STAT. 
between the states of New York and New Jersey is essential to the 
commerce, defense, and general welfare of the two states, and is in 
the public interest. 
"(b) Recent trends toward decay of existing mass transit systems, 
particularly in respect to those carrying passengers to or across the 
Hudson river or both, have created a condition of impending emer-
gency requiring prompt action for the establishment on an interim 
basis of an operating system or systems designed to make the most 
effective use of existing facilities and services with the least financial 
hardship upon the operators thereof consistent with public needs. 
"(c) The present and future transit needs of the two states call for 
prompt development of an interim plan for the coordinated and inte-
grated use of existing transit facilities and services, as well as for 
preparation of a long-range plan for a more permanent resolution of 
these problems. Present uncertainties as to the nature and extent 
of any acceptable and feasible long-range plan, as well as to the capital 
and operating costs of such a plan, require that such questions be 
inquired into upon the basis of experience accumulated in the operation 
of an interim plan. 
"(d) It is therefore the policy of the two states to provide a method 
for the common handling and disposition by a single agency of the 
two states of those phases of the development and execution of an 
interim plan and the preparation of a long-range plan with which 
either of the states, acting alone, cannot deal effectively. 
"(e) The development and execution of an interim plan, as well as 
the preparation of a general plan, can and should be accomplished 
by a bi-state agency, to serve as an agency of the states and to have 
the full assistance and cooperation by all persons and agencies, private 
and public, of either or both of the states within the proper limits 
of its own functions and duties. 
"1.2. Means to be employed. 
The legislatures of the states of New 
York and New Jersey, respectively, further find and declare that the 
common aspects of the transportation requirements of the two states 
require concurrent action of the two states to create a bi-state agency, 
vesting with such power and duties as are necessary and proper for its 
initial functions, and providing for such additional powers and duties 
on its part as subsequent concurrent legislation may provide. 
"ARTICLE 2 
(( 
GENERAL PROVISIONS 
"2.1. Definitions. 
For the purposes of this compact, and of con-
current legislation enacted in furtherance thereof, unless and until 
the context plainly requires a different meaning: 
"(a) 'Transportation agency' means the New York-New Jersey 
transportation agency established by and pursuant to this compact. 
"(b) 'Concurrent legislation' means a statute adopted by one of the 
states party to this compact which is concurred in by the other state 
party to this compact in the form of a like enactment. 
"(c) 'Facility' or 'transit facility' means any real or personal prop-
erty, including equipment, and any interest therein, to be used, con-
structed, acquired, or otherwise provided in connection with the 
providing of transit services. 
"(d) 'Transit', 'transit service', 'mass transit service' or any like 
term means those activities in the two states that are directed pri-
marily to the transportation of commuters interstate by common car-
riers and secondarily to such transportation of commuters intrastate 
and of all other persons interstate and intrastate. 
73 S T A T . ] 
PUBLIC LAW 8 6 - 3 0 2 - S E P T . 21, 1959 
577 
"2.2. Interpretation of the compact. 
The states of New York and 
New Jersey intend by this compact to exercise the powers reserved 
to the states under the constitution of the United States with regard 
to transit services by whatever facilities or combination thereof are 
found necessary and proper. 
This compact shall be liberally con-
strued to effectuate such intention. 
Nothing contained herein shall 
be deemed in any way to limit or restrict the power of either state 
by law or otherwise to deal independently within its own boundaries 
as to any matter within the scope of this compact so long as any action 
taken is not in conflict with any plan approved by concurrent 
legislation. 
"ARTICLE 3 
"NEW YORK-NEW JERSEY TRANSPORTATION AGENCY 
"3.1. Transportation agency created. 
There is hereby created an 
agency, which shall be an interstate body, both corporate and politic, 
to serve as a public agency of the states of New York and New Jersey 
in dealing with matters affecting public mass transit within and 
between the two states. 
"3.2. Name. The name of this public corporation shall be New 
York-New Jersey transportation agency, or such other name as may 
hereafter be provided by concurrent legislation. 
"3.3. Territorial jurisdiction. 
The territory as to which the trans-
portation agency shall function shall be the territory encompassed 
within the legal boundaries of the state of New York and of the 
counties of Bergen, Essex, Hudson, Mercer, Middlesex, Monmouth, 
Morris, Passaic, Somerset and Union in the state of New Jersey, and 
particularly those portions of such territory from or to which a sub-
stantial number of persons commute regularly between the states of 
New York and New Jersey from and to their homes and places of 
business. The territorial jurisdiction of the transportation agency 
may be enlarged or reduced by concurrent legislation hereafter 
enacted. 
"3.4. Administrative orgamzation. 
(a) The transportation agency 
shall be composed of two members, one of whom shall be designated by 
the governor of each of the states with the advice and consent of the 
senate of such state unless otherwise provided by the law of the state 
for which such member is designated. 
Each member of the transpor-
tation agency shall be a person who is an official of the State for which 
he is designated and whose official duties within the state include the 
duty of dealing with transportation problems. Each member shall 
hold office at the pleasure of the governor of the state for which he is 
designated. 
"(b) The transportation agency's functions shall be performed and 
carried out by said members and by such employees as may be 
appointed by said members, subject to their direction and control. All 
such employees shall hold office at the pleasure of said members, who 
shall fix their compensation and other terms of their employment. 
"(c) The transportation agency shall act by resolution concurred 
in and adopted by both said members. The vote of a member shall 
be subject to the veto of the governor of the state for which he is desig-
nated, to be exercised within ten days after receipt by said governor 
of a certified copy of such resolution, Saturdays, Sundays and legal 
holidays in such state excepted. 
578 
PUBLIC LAW 86-30a-8EPT. 21, 1959 
[73 STAT. 
"(d) The members of the transportation agency shall receive no 
compensation for their services pursuant to this act, but they shall be 
entitled to be paid the expenses actually and necessarily incurred by 
them in the performance of their duties. 
"3.5. Powers and duties of the transportation agency; interim plan, 
(a) The transportation agenc;^ shall promptly undertake a study of 
the conditions relating to transit services, and shall enter into negotia-
tions and agreements with railroads, bus companies, and other com-
mon carriers rendering such services, as well as with municipalities, 
counties, and any public authority or agency of either or both of the 
states, for the purpose of preparing as rapidly as possible the exact 
terms of an interim plan or plans for the preservation, coordination 
consolidation, integration and improvement of essential transit facili-
ties and services, so that there may be established transit services which 
will make the best possible use of existing transit facilities and services, 
and of such additional transit facilities and services as may be pro-
posed as the result of such negotiations and agreements, consistent with 
the greatest possible reduction in financial deficit or deficits arising 
therefrom, if any, on the part of the contracting operators thereof. 
All such negotiations shall be directed to the execution of operating 
and facility agreements which shall contain provisions rendering the 
same binding upon the parties thereto on condition that all related 
agreements therein specified shall be entered into and that all of such 
agreements be approved by concurrent legislation. 
"(b) Upon the basis of such negotiations and agreements, the trans-
portation agency shall prepare for submission to the governors and 
legislatures of the two states an interim plan or plans for the most 
efficient use of existing transit facilities and services, and of such 
additional transit facilities and services as may be provided in such 
agreements, all by the present operators thereof whenever possible, for 
the approval thereof by concurrent legislation. In the preparation 
of any such interim plan, the transportation agency shall have the 
assistance and cooperation of any governmental agency or agencies of 
either or both of the states which may have information, data, person-
nel, or experience of value to the transportation agency for the better 
performance of its duties. All such agencies are directed to extend full 
assistance and cooperation to the transportation agency in furtherance 
thereof. Any such interim plan so submitted shall have annexed to it 
copies of all of the conditional agreements so negotiated, and may 
grovide for such modifications thereto in the event of approval as may 
e permitted by concurrent legislation. 
"(c) When and as any such interim plan shall be approved and 
authorized by concurrent legislation, the transportation agency and 
all other persons party to said agreements shall thereupon be bound 
thereto according to the terms thereof, and all parties shall thereupon 
proceed to perform the same. 
"(d) Any such interim plan shall also set forth any provisions con-
sidered necessary by way of amendment of or supplement to this 
compact in order to effectuate such plan, so that concurrent legislation 
for that purpose may be adopted. 
Any such concurrent legislation 
shall be sufficient to accomplish such amendment or supplement. 
"(e) All of the terms and conditions of any interim plan or plans 
so approved by concurrent legislation, and any amendments thereof 
or supplements thereto similarly approved, as well as the agreements 
annexed thereto, shall, in accordance with such concurrent legislation, 
take effect according to their terms and shall not be subject to the 
provisions of any law of either of the states in so far as the same 
might otherwise require submission to and approval by any govern-
mental agency or agencies having jurisdiction thereof pursuant to 
such law. 
73 S T A T . ] 
P U B U C LAW 8 6 - 3 0 2 - S E P T . 21, 1959 
679 
"3.6. Powers and duties of transportation agency; long-range plan, 
(a) The transportation agency shall have all the powers of negotia-
tion and conditional agreement herein provided as to interim plans, 
for the purpose of preparing a long-range plan for submission to the 
governors and legislatures of the states of New York and New Jer-
sey, for approval by concurrent legislation, and for any amendments 
of or supplements to any such long-range plan. 
"(b) Such long-range plan shall be designed to provide a more 
permanent arrangement or series of arrangements for the preserva-
tion, coordination, consolidation, integration, and improvement of 
transit facilities and services, whether now in existence or to be pro-
vided under the terms of any interim or long-range plan. 
" (c) Such long-range plan shall also provide for methods of financ-
ing its implementation, to the extent necessary; and, in case of doubt 
as to which of several available methods should be adopted, the plan 
shall set forth the alternatives in detail, so that the method or methods 
to be employed may be determined by concurrent legislation; but it 
shall not be necessary for the same method to be employed within both 
of the states. No such plan shall provide for financing by means of 
any tax on real and personal property. 
"(d) Such long-range plan shall also contain such proposals for the 
modification, amendment, or supplement of this compact as may be 
necessary to implement said plan properly. 
"(e) Such long-range plan shall also contain suitable provisions 
with respect to the providing and operating of transit facilities or 
services for the evacuation or transfer of persons within or through 
the two states by way of implementation of a civil defense operational 
survival plan, to the extent deemed necessary and feasible. 
"(f) Upon the approval of such long-range plan by concurrent 
legislation, such plan shall thereupon have full force and effect accord-
ing to its terms as so approved, and all persons and agencies who are 
called upon to act in performance thereof shall thereupon be author-
ized and empowered to carry out the terms thereof and to have all of 
the powers, rights, and duties provided for therein or in the concurrent 
legislation. 
"3.7. Powers and duties of transportation agency; general, 
(a) 
The transportation agency shall have power to adopt a corporate seal, 
to sue and be sued, and to enter into contracts. 
"(b) The transportation agency shall have power to receive and 
accept grants or loans of property, money, and services offered or 
made available to it by any person, government, or agency whatever, 
which it may use to meet capital or operating expenses and for any 
other use within the scope of its functions, and to negotiate for the 
same upon such terms as may be necessary or advisable; provided, 
however, that no loan shall be accepted unless a plan providing for 
the method of its repayment shall have been approved by concurrent 
legislation. 
"(c) The transportation agency shall have power to hire, lease, 
acquire, and dispose of property to the extent necessary to carry out 
its functions and duties as the same may be constituted from time to 
time. 
"(d) The transportation agency shall have power to survey and 
study the origin and destination of passenger travel in the two states 
by all means of transportation, and the capacity, adaptability, and 
best utility of each of such means of transportation, making use of 
all studies, surveys, plans, and other material now or hereafter made 
by any other person or agency; and to provide for, acquire, and accept 
detailed operating, engineering, administrative, and financial plans 
and specifications for the development or implementation of any 
interim or long-range plan. 
580 
PUBLIC LAW 86-302-SEPT. 21, 1959 
[73 STAT. 
"(e) The transportation agency shall have power to conduct inves-
tigations and hearings in the furtherance of its general purposes, and 
in aid thereof to have access to any books, records, or papers relevant 
thereto; and if any person whose testimony shall be required for 
the proper performance of the duties of such agency shall fail or 
refuse to aid or assist such agency in the conduct of any investigation 
or hearing, or to produce any relevant books, records, or other papers, 
such agency shall be authorized to apply for process of subpoena, to 
issue out of any court of general original jurisdiction whose process 
can reach such person, upon due cause shown. 
"(f) The transportation agency shall have power to negotiate and 
enter into agreements within the scope of its functions with any 
person or persons, including but not limited to any railroad or other 
common carrier engaged or willing to engage in transit services, or 
owning or possessing transit facilities, the port of New York authority, 
any city or county, and the New York city transit authority, whether 
for the providing or use of facilities, the leasing of lines, the con-
ducting of transit operations, the issuance of tickets, the providing, 
maintenance and use of stations, the providing of shops and repair 
facilities and the making of repairs, the fixing of commuter fares and 
the sharing thereof, or the providing, maintaining and operating of 
trains, busses, signal systems, parking lots or any other facilities, 
services, or other relationships necessary to the providing of an 
adequate system or systems of transit services. 
"(g) The transportation agency shall have power to expend, or to 
authorize the expenditure of, funds appropriated to it, but the same 
shall at all times be within the terms of an annual budget to be 
adopted in advance for each fiscal period, and which may be amended 
or modified from time to time. Each state reserves the right to 
provide by law for the furnishing by the transportation agency of 
such supporting detail in connection with the preparation or adoption 
of such budget, as well as to provide for the furnishing by such agency 
of such audit or audits as such state may consider proper from time 
to time. 
"(h) The transportation agency shall have power to make such 
application to the government of the United States or any branch, 
department or agency thereof, as may be necessary or advisable to 
render feasible the achievement of any plan negotiated or prepared 
"(i) The transportation agency shall have such additional powers 
and duties as may be provided by concurrent legislation hereafter 
adopted. 
"(j) The transportation agency shall have such additional powers, 
incidental to the express powers granted to it, as may be necessary 
or proper for the effective performance of its duties and the achieve-
ment of its objects. 
"3.8. Reports. 
The transportation agency shall make such periodic 
reports to the governors and legislatures of the two states with respect 
to its programs, operations, finances and other subjects, at such times 
as may be required by law of the states respectively from time to 
time; and in the absence of any such law, shall report at least annually. 
Such agency may also prepare, publish and distribute such other 
reports as it may deem necessary or proper. 
The states respectively 
reserve the right to require by law the disclosure and furnishing of 
any information and data and to such person or persons as such laws 
may provide from time to time. 
T3 S T A T . ] 
P U B U C LAW 86-302-SEPT. 21, 1959 
581 
"ARTICLE 4 
TLNAXCES AND MISCELLANEOUS 
' ' i 
"4.1. Power to borrow. 
The transportation agency shall have only-
such power to borrow money and issue its negotiable bonds and notes 
as may hereafter be delegated to it by concurrent legislation. 
"4.2. State and municipal credit excluded. 
The transportation 
agency shall have no power to pledge the credit of either state party 
to this compact or to impose any obligation upon either state, directly 
or indirectly, or to pledge the credit or impose any obligation upon 
any county or municipality, unless and until such power shall be 
expressly granted by concurrent legislation and, where any county or 
municipality is involved, with its consent and agreement. 
"4.3. Advances by the states. Each of the states further covenants 
and agrees to appropriate the sum of twenty-five thousand dollars for 
the payment of the current operating expenses of the transportation 
agency for the period beginning with the date on which this compact 
is approved by the congress and ending on June thirtieth, nineteen 
hundred sixty; but each state reserves the right to provide by law 
from time to time for budgetary and audit controls on the expenditure 
of such appropriations, and of any other funds coming into the 
hands of the transportation agency. 
"4.4. Powers of others. 
Each and every person, corporation or 
other entity, county, municipal body, and agency of government of 
either or both of the two states is empowered to negotiate, enter into 
agreements with the transportation agency, and perform the same in 
accordance with the provisions of this compact, of any plan approved 
hereunder, and of any concurrent legislation enacted hereunder. 
"4.5. The existence of the metropolitan rapid transit commission 
created by chapter forty-four of the laws of nineteen hundred fifty-
four of the state of New Jersey and by chapter eight hundred one of 
the laws of nineteen hundred fifty-four of the state of New York is 
hereby terminated except for the purpose of winding-up, which shall 
be completed as expeditiously as possible. All books, records, reports, 
studies, maps, plans, correspondence, files, and papers of whatever 
kind whatsoever in the hands of said commission shall be turned over 
to the transportation agency and any property remaining in the hands 
of said commission shall be offered to the transportation agency and 
if not accepted by said agency shall be transferred to the two states. 
"4.6. Duration. 
The transportation agency shall continue in ex-
istence until June thirtieth, nineteen hundred sixty-one, but the 
duration of its existence may be continued for such term or terms 
thereafter as concurrent l^islation may provide. 
"4.7. Amendments. 
Amendments and supplements to this compact 
to implement the purposes thereof may be adopted by concurrent legis-
lation. 
"4.8. Severability of act. If any part or provision of this act or 
the application thereof to any person or circumstances be adjudged 
invalid by any court of competent jurisdiction, such judgment shall be 
confined in its operation to the part, provision, or application directly 
involved in the controversy in which such judgment shall have been 
rendered and shall not affect or impair the validity of the remainder 
of this compact or the application thereof to other persons or circum-
stances, and the states hereby declare that they would have entered into 
this compact or the remainder thereof had the invalidity of such 
provision or application thereof been apparent." 
582 
PUBLIC LAW 86-303-SEPT. 21, 1959 
[73 ST A T . 
Reports 
gress. 
to Con-
SEC. 2. The consent of Congress granted pursuant to this joint 
resolution is subject to the following conditions or requirements: 
(a) The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved. 
(b) Any long-range plan, when adopted by concurrent legislation of 
the compacting statis, shall be submitted to Congress for its consent 
before such long-range plan becomes effective. 
(c) Any concurrent legislation enacted by the compacting states 
amending or supplementing this compact shall be submitted to Con-
gress for its consent before such legislation becomes effective, except 
that this subsection shall not apply to article 4.6 of this compact. 
(d) The New York-New Jersey Transportation Agency Compact 
shall submit to Congress the same periodic reports it is required to 
make to the governors and legislatures of the compacting states, pur-
suant to and under tlie same conditions of section 3.8 of the compact. 
(e) The right is hereby reserved to the Congress to require the dis-
closure and furnishing of such information or data as is deemed 
appropriate by the Congress. 
Congress shall have access to all books, 
records or papers of the New York-New Jersey Transportation Agency 
as well as the ri^ht of inspection of any facility being used or under 
the control of said Agency. 
(f) Nothing contained in this joint resolution or the Compact set 
out herein shall be construed as impairing or in any manner affecting 
any right or jurisdiction of any department, agency, bureau or other 
office of the United States Government having regulatory or adminis-
trative powers over or concerning interstate or foreign commerce. 
Approved September 21, 1959. 
Public Law 86-303 
September 21, 1959 
[H. J. Res. 465] 
Approvin? 
JOINT RESOLUTION 
certain additional powers conferred upon tlie Bi-State Development 
Agency by the States of Missouri and Illinois. 
64 Stat. 568. 
B i - S t a t e 
D e -
velopment Agency, 
Mo .-111. 
Additional pow-
ers. 
Whereas the Congress in consenting to the compact between Missouri 
and Illinois creating the Bi-State Development Agency and the 
Bi-State Metropolitan District in Public Law 743, Eighty-first 
Congress, approved August 31, 1950, provided that no power or 
powers shall be exercised by the Bi-State Agency under that cer-
tain portion of article I I I of such compact which reads: 
"8. To exercise such additional powers as shall be conferred 
on it by the legislature of either state concurred in by the legis-
lature of the other or by Act of Congress." 
unless and until such power or powers shall have been conferred 
upon the Bi-State Agency by the legislature of one of the States to 
the compact and concurred in by the legislature of the other and 
shall have been approved by an Act of Congress; and 
Whereas such States have now enacted certain legislation in order 
to confer certain additional powers on such Bi-State Development 
Agency: Now, therefore, be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled^ That the Congress hereby 
approves the additional powers conferred on the Bi-State Develop-
ment Agency by senate bill numbered 364, Daws of Illinois 1953; 
senate bill numbered 97, Laws of Illinois 1959; senate bill numbered 
11, Laws of Missouri 1957, second extra session; and senate bill num-
bered 25, Laws of Missouri 1959.