A joint resolution granting the consent of Congress to the Potomac Highlands Airport Authority Compact entered into between the States of Maryland and West Virginia.
PL 105-348 (S.J.Res.51), enacted 11/02/1998

112 STAT. 3212 
PUBLIC LAW 105-348—NOV. 2, 1998 
Public Law 105-348 
105th Congress 
Joint Resolution 
Nov. 2, 1998 
Granting the consent of Congress to the Potomac Highlands Airport Authority 
[S J Res 51] 
Compact entered into between the States of Maryland and West Virginia. 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL CONSENT. 
Congress hereby consents to the Potomac Highlands Airport 
Authority Compact entered into between the States of Maryland 
and West Virginia. The compact reads substantially as follows: 
''Potomac Highlands Airport Authority Compact 
"SECTION 1. COUNTY COMMISSIONS EMPOWERED TO ENTER INTO 
INTERGOVERNMENTAL AGREEMENTS 
RELATING 
TO 
CUMBERLAND MUNICIPAL AIRPORT. 
"The coimty commissions of Mineral County, West Virginia, 
and of other West Virginia counties contiguous to Mineral County, 
and the governing bodies of municipal corporations situated in 
those counties, may enter into intergovernmental agreements with 
this State, Allegany County, Maryland, other Marylsmd counties 
contiguous to Allegany County and Cumberland, Maryland, and 
other municipal corporations situated in those Maryland counties, 
and with the Potomac Highlands Airport Authority regarding the 
operation and use of the Cumberland Municipal Airport situated 
in Mineral County, West Virginia. The agreements shall be recip-
rocal in nature £ind may include, but are not limited to, conditions 
governing the operation, use, and maintenance of airport facilities, 
taxation of aircraft owned by Maryland residents and others, and 
user fees. 
"SEC. 2. POTOMAC HIGHLANDS AIRPORT AUTHORITY AUTHORIZED. 
"The county commissions of Mineral County, West Virginia, 
and of other West Virginia counties contiguous to Mineral County, 
and the governing bodies of municipal corporations situated in 
those counties, or any one or more of them, jointly and severally, 
may create and establish, with proper governmental units of this 
State, Allegany County, Maryland, other Maryland counties contig-
uous to Allegany County, and Cumberland, Maryland, and other 
municipal corporations situated in those Maryland coiinties, or any 
one or more of them, a public agency to be Imown as the 'Potomac 
Highlands Airport Authority in the manner and for the purposes 
set forth in this Compact. 
PUBLIC LAW 105-348—NOV. 2, 1998 
112 STAT. 3213 
"SEC. 3. AUTHORITY A CORPORATION. 
"When created, the Authority and the members of the Authority 
shall constitute a public corporation and, as such, shall have perpet-
ual succession, may contract and be contracted with, sue and be 
sued, and have and use a common seal. 
"SEC. 4. PURPOSES. 
"The Authority may acquire, equip, maintain, and operate an 
airport or landing field and appurtenant facilities in Mineral 
County, on the Potomac River near Ridgeley, West Virginia, to 
serve the area in which it is located. 
"SEC. 5. MEMBERS OF AUTHORITY. 
"(a) IN GENERAL.—The management and control of the Potomac 
Highlands Airport Authority, its property, operations, business, and 
affairs, shall be lodged in a board of seven or more persons who 
shall be known as members of the Authority and who shall be 
appointed for terms of three years each by those counties, municipal 
corporations, or other governmental units situated in West Virginia 
and Maryland as contribute to the funds of the Authority, in such 
proportion between those States and counties, municipal corpora-
tions, and units, and in whatever manner, as may from time to 
time be provided in the bylaws adopted by the Authority. 
"(b) FIRST BOARD.—The first board shall be appointed as fol-
lows: 
"(1) The County Commission of Mineral County shall 
appoint two members for terms of two and three years, respec-
tively. 
"(2) The governing official or body of the municipal corpora-
tion of Cumberlsind, Maryland, shall appoint three members 
for terms of one, two, and three years, respectively. 
"(3) The governing official or body of Allegany County, 
Marylsind, shall appoint two members for terms of one and 
two years, respectively. 
"SEC. 6. POWERS. 
"The Potomac Highlands Airport Authority has power and 
authority as follows: 
"(1) To make and adopt all necessary bylaws, rules, and 
regulations for its organization and operations not inconsistent 
with law. 
"(2) To take all legal actions necessary or desirable in 
relation to the general operation, governance, capital expansion, 
management, and protection of the Cumberland Municipal Air-
port. 
"(3) To increase the number of members of the Authority, 
and to set the terms of office and appointment procedures 
for those additional members. 
"(4) To elect its own officers, to appoint committees, and 
to employ and fix the compensation for personnel necessary 
for its operation. 
"(5) To enter into contracts with any person, firm, or cor-
poration, and generally to do anything necessary for the purpose 
of acquiring, equipping, expanding, maintaining, and operating 
an airport. 
"(6) To delegate any authority given to it by law to any 
of its officers, committees, agents, or employees. 
112 STAT. 3214 
PUBLIC LAW 105-348—NOV. 2, 1998 
"(7) To apply for, receive, and use greints in aid, donations, 
and contributions from any sources. 
"(8) To take or acquire lands by purchase, holding title 
to it in its own name. 
"(9) To purchase, own, hold, sell, and dispose of personal 
property £ind to sell and dispose of any real estate which 
it may have acquired and may determine not to be needed 
for its purposes. 
"(10) To borrow money. 
"(11) To extend its fimds in the execution of the powers 
and authority hereby given. 
"(12) To take all necessary steps to provide for proper 
police protection at the airport. 
"(13) To inventory airplanes and other personal property 
at the airport and provide the assessor of Mineral County 
and other proper governmental officials with full particulars 
in regard to the inventory. 
"SEC. 7. PARTICIPATION BY WEST VIRGINIA. 
"(a) APPOINTMENT OF MEMBERS; CONTRIBUTION TO COSTS.— 
The county commissions of Mineral County and of coimties contig-
uous to Mineral County, and the governing bodies of municipal 
corporations situated in those counties, or any one or more of 
them, jointly and severally, may appoint members of the Authority 
and contribute to the cost of acquiring, equipping, maintaining, 
and operating the airport and appurtenant facilities. 
"(b) TRANSFER OF PROPERTY.—^Any of the foregoing county 
commissions or municipal corporations may transfer and convey 
to the Authority property of any kind acquired previously by the 
county commission or municipal corporation for airport purposes. 
"SEC. 8. FUNDS AND ACCOUNTS. 
"(a) CONTRIBUTION AND DEPOSIT OF FUNDS.—Contributions may 
be made to the Authority from time to time by the various bodies 
contributing to its fiinds and shall be deposited in whatever b£ink 
or banks a majority of the members of the Authority direct and 
may be withdrawn from them in whatever manner the Authority 
directs. 
"(b) ACCOUNTS AND REPORTS.—The Authority shall keep strict 
account of all of its receipts and expenditures and shall make 
quarterly reports to the public £ind private bodies contributing 
to its funds, containing an itemized account of its operations in 
the preceding quarter. The accounts of the Authority shall be regu-
larly examined by the State Tsix Commissioner in the manner 
required by Article nine, Chapter six of the Code of West Virginia. 
"SEC. 9. PROPERTY AND OBLIGATIONS OF AUTHORITY EXEMPT FROM 
TAXATION. 
"The Authority is exempt from the pajnnent of any taxes or 
fees to the State of West Virginia or any subdivisions of that 
State or to any officer or employee of the State or other subdivision 
of it. The property of the Authority is exempt from all local and 
municipal taxes. Notes, debentures, and other evidence of indebted-
ness of the Authority are declared to be issued for a public purpose 
and to be public instrumentalities, and, together with interest on 
them, are exempt from taxes. 
PUBLIC LAW 105-348—NOV. 2, 1998 
112 STAT. 3215 
"SEC. 10. SALE OR LEASE OF PROPERTY. 
"In the event all of the public corporations contributing to 
the funds of the Authority so determine, the Authority shall make 
sale of all of its properties and assets and distribute the proceeds 
of the sale among those contributing to its funds. In the alternative, 
if such of the supporting corporations contributing a majority of 
the funds of the Authority so determine, the Authority may lease 
all of its property and equipment upon whatever terms and condi-
tions the Authority may fix and determine. 
"SEC. 11. EMPLOYEES TO BE COVERED BY WORKMEN'S COMPENSA-
TION. 
"All eligible employees of the Authority are considered to be 
within the Workmen's Compensation Act of West Virginia, and 
premiums on their compensation shall be paid by the Authority 
as required by law. 
"SEC. 12. LIBERAL CONSTRUCTION OF COMPACT. 
"It is the purpose of this Compact to provide for the mainte-
nance and operation of an airport in a prudent and economical 
manner, and this Compact shall be liberally construed as giving 
to the Authority full and complete power reasonably required to 
give effect to the purposes hereof. The provisions of this Compact 
are in addition to and not in derogation of any power existing 
in the county commissions and municipal corporations herein named 
under any constitutional, statutory, or charter provisions which 
they or any of them may now have or may hereafter acquire 
or adopt.". 
SEC. 2. RIGHT TO ALTER, AMEND, OR REPEAL. 
The right to alter, amend, or repeal this joint resolution is 
hereby expressly reserved. The consent granted by this joint resolu-
tion shall not 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. 
Approved November 2, 1998. 
LEGISLATIVE HISTORY—S.J. Res. 51: 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
July 31, considered and passed Senate. 
Oct. 8, considered and passed House.