Delaware-New Jersey Compact
PL 101-565 (H.J.Res.657), enacted 11/15/1990

104 STAT. 2784 
PUBLIC LAW 101-565—NOV. 15, 1990 
Public Law 101-565 
101st Congress 
Joint Resolution 
Nov. 15, 1990 
Granting the consent of the Congress to amendments to the Delaware-New Jersey 
[H.J. Res. 657] 
Compact, and for other purposes. 
Whereas the State of Delaware and the State of New Jersey, pursu-
ant to legislative authority adopted by each State, being 53 Laws 
of Delaware, chapter 145, and Public Law 1961, chapter 66 of the 
Laws of New Jersey, have provided, subject to the consent of 
Congress, for a compact, known as the Delaware-New Jersey 
Compact, establishing "The Delaware River and Bay Authority 
for the development of the area in both States bordering the said 
Delaware River and Bay; and 
Whereas the State of Delaware and the State of New Jersey, pursu-
ant to legislative authority adopted by each State, subject to the 
consent of Congress, have provided for an amendment to the 
Delaware-New Jersey Compact to authorize the Delaware River 
and Bay Authority to undertake economic development projects, 
other than major projects, at its own initiative, and to undertake 
major projects after securing only such approvals as may be 
required by the legislation of the State in which the project is to 
be located, except the Authority is prohibited from undertaking 
any major project to be located in the Delaware River and Bay, 
including, without limitation, any deep-water port or superport, 
without the prior approval, by concurrent legislation, of the two 
States: Now, therefore, be it 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 
1
. 
CONSENT 
OF 
CONGRESS. 
The Congress consents to the amendments to the Delaware-New 
Jersey Compact which have been enacted by the States of Delaware 
and New Jersey, so that the Delaware-New Jersey Compact reads 
substantially as follows: 
"DELAWARE-NEW JERSEY COMPACT 
"Whereas the States of Delaware and New Jersey are separated by 
the Delaware River and Bay which creates a natural obstacle to 
the uninterrupted passage of traffic other than by water and with 
normal commercial activity between the two States thereby 
hindering the economic growth and development of those areas in 
both States which border the River and Bay; and 
"Whereas the pressures of existing trends from increasing traffic, 
growing population, and greater industrialization indicate the 
need for closer cooperation between the two States in order to 
advance the economic development and to improve crossings, 
transportation, terminal, and other facilities of the area; and 
"Whereas the financing, construction, operation and maintenance of 
such crossings, transportation, terminal, and other facilities of 
PUBLIC LAW 101-565—NOV. 15, 1990 
104 STAT. 2785 
commerce and the overall planning for future economic develop-
ment of the area may be best accomplished for the benefit of the 
two States and their citizens, the region and Nation, by the cordial 
cooperation of Delaware and New Jersey by and through a joint or 
common agency or authority; and 
"Whereas the Delaware-New Jersey Compact, enacted pursuant to 
53 Laws of Delaware, Chapter 145 (17 Del. C. §1701) and Public 
Law 1961, c. 66 (C. 32:11E-1 et seq.) of the Pamphlet Laws of New 
Jersey, with the consent of the United States Congress by Joint 
Resolution being Public Law 87-678, 87th Congress, H.J. Res. 783, 
September 20, 1962, created the Delaware River and Bay Author-
ity with the intention of advancing the economic growth and 
development of those areas in both States which border the 
Delaware River and Bay by the financing, development, construc-
tion, operation, and maintenance of crossings, transportation, or 
terminal facilities, and other facilities of commerce, and by 
providing for overall planning for the future economic develop-
ment of those areas; and 
"Whereas the economic growth and development of areas of both 
States will be further advanced by authorizing the Authority to 
undertake economic development projects, other than major 
projects, as defined in Article II, at its own initiative, and to 
undertake major projects after securing only such approvals as 
may be required by legislation of the State in which the project is 
to be located, except that the Authority is prohibited from under-
taking any major project, to be located in the Delaware River or 
Bay, including, without limitation, any deep-water port or 
superport, without the prior approval, by concurrent legislation, 
of the two States; and 
"Whereas the natural environment of those areas in the two States 
which border the Delaware River and Bay would be better pre-
served by requiring that the projects, other than crossings, of the 
Authority shall be in complete compliance with all applicable 
environmental protection laws and regulations before the Author-
ity may undertake the planning, development, construction, or 
operation of any project, other than a crossing: 
"NOW, THEREFORE, the State of Delaware and the State of New 
Jersey do hereby solemnly covenant and agree, each with the other 
as follows: 
Delaware-
"ARTICLE I 
, SiT" 
"SHORT TITXE 
"This Compact shall be known as the 'Delaware-New Jersey 
Compact'. 
"ARTICLE II 
"DEFINITIONS 
" 'Crossing' means any structure or facility adapted for public use 
in crossing the Delaware River or Bay between the States, whether 
by bridge, tunnel, ferry, or other device, and by any vehicle or 
means of transportation of persons or property, as well as all 
approaches thereto and connecting and service routes and all appur-
tenances and equipment relating thereto. 
" 'Transportation facility' and 'terminal facility' means any struc-
ture or facility other than a crossing, as herein defined, adapted for 
104 STAT. 2786 
PUBLIC LAW 101-565—NOV. 15, 1990 
public use within each of the States party hereto in connection with 
the transportation of persons or property, including railroads, motor 
vehicles, watercraft, airports and aircraft, docks, wharves, piers, 
slips, basins, storage places, sheds, warehouses, and every means or 
vehicle of transportation now or hereafter in use for the transpor-
tation of persons and property or the storage, handling or loading of 
property, as well as all appurtenances and equipment related 
thereto. 
" 'Commerce facility or development' means any structure or 
facility adapted for public use or any development for a public 
purpose within each of the States party hereto in connection with 
recreational and commercial fishery development, recreational 
marina development, aquaculture (marine farming), shoreline 
preservation and development (including wetlands and open-lands 
acquisition, active recreational and park development, beach res-
toration and development, dredge spoil disposal and port-oriented 
development), foreign trade zone site development, manufacturing 
and industrial facilities, and other facilities of commerce which, in 
the judgment of the Authority, are required for the sound economic 
development of the area. 
" 'Appurtenances' and 'Equipment' mean all works, buildings, 
structures, devices, appliances, and supplies, as well as every kind of 
mechanism, arrangement, object, or substance related to and nec-
essary or convenient for the proper construction, equipment, 
maintenance, improvement, and operation of any crossing, transpor-
tation facility or terminal facility, or commerce facility, or devel-
opment. 
" 'Project' means any undertaking or program for the acquisition 
or creation of any crossing, transportation facility or terminal facil-
ity, or commerce facility or development, or any part thereof, as well 
as for the operation, maintenance, and improvement thereof. 
" 'Major Project' means any project, other than a crossing, having 
or likely to have significant environmental impacts on the Delaware 
River and Bay, its shorelines or estuaries, or any other area in the 
State of Delaware or the New Jersey counties of Cape May, Cum-
berland, Gloucester, and Salem, as determined in accordance with 
State law by the environmental agency of the State in which the 
major project is to be located. 
' 'Tunnel' means a tunnel of one or more tubes. 
" 'Governor' means any person authorized by the Constitution 
and law of each Stete to exercise the functions, powers, and duties of 
that office. 
" 'Authority' means the Authority created by this Compact or any 
agency successor thereto. 
"The singular whenever used in this Compact shall include the 
plural, and the plural shall include the singular. 
"ARTICLE III 
"FAITHFUL COOPERATION 
"They agree to and pledge, each to the other, faithful cooperation 
in the effectuation of this Compact and any future amendment or 
supplement thereto, and of any legislation expressly in implemente-
tion thereof hereafter enacted, and in the planning, development, 
financing, construction, operation, maintenance, and improvement 
of all projects entrusted to the authority created by this Compact. 
PUBLIC LAW 101-565—NOV. 15, 1990 
104 STAT. 2787 
"ARTICLE IV 
"ESTABUSHMENT OF AGENCY; PURPOSES 
"The two States agree that there shall be created and they do 
hereby create a body politic, to be known as 'The Delaware River 
and Bay Authority' (for brevity hereinafter referred to as the 
'Authority'), which shall constitute an agency of government of the 
State of Delaware and the State of New Jersey for the following 
general public purposes, and which shall be deemed to be exercising 
essential government functions in effectuating such purposes, to wit: 
"(a) The planning, financing, development, construction, pur-
chase, lease, maintenance, improvement, and operation of crossings 
between the States of Delaware and New Jersey across the Dela-
ware River or Bay at any location south of the boundary line 
between the State of Delaware and the Commonwealth of Penn-
sylvania as extended across the Delaware River to the New Jersey 
shore of said River, together with such approaches or connections 
thereto as in the judgment of the Authority are required to make 
adequate and efficient connections between such crossings and any 
public highway or other routes in the State of Delaware or in the 
State of New Jersey; and 
"(b) The planning, financing, development, construction, pur-
chase, lease, maintenance, improvement, and operation of any 
transportation or terminal facility within the State of Delaware or 
the New Jersey counties of Cape May, Cumberland, Gloucester, gmd 
Salem, which facility, in the judgment of the Authority, is required 
for the sound economic development of the area; and 
"(c) The planning, financing, development, construction, purchase, 
lease, maintenance, improvement, and operation of any commerce 
facility or development within the State of Delaware or the New 
Jersey counties of Cape May, Cumberland, Gloucester, and Salem, 
which in the judgment of the Authority is required for the sound 
economic development of the area; and 
"(d) The performance of such other functions as may be hereafter 
entrusted to the Authority by concurrent legislation expressly in 
implementation hereof. 
"The Authority shall not undertake any major project or part 
thereof without having first secured such approvals as may be 
required by legislation of the State in which the project is to be 
located. 
"The Authority shall not undertake any major project, or part 
thereof to be located in the Delaware River or Bay, including, 
without limitation, any deep-water port or superport, without 
having first secured approval thereof by concurrent legislation of 
the two States expressly in implementation thereof. 
"The Authority shall not undertake any major project or part 
thereof without first giving public notice and holding a public 
hearing, if requested, on any proposed major project, in accordance 
with the law of the State in which the major project is to be located. 
Each State shall provide by law for the time and manner for the 
giving of such public notice, the requesting of a public hearing and 
the holding of such public hearings. 
104 STAT. 2788 
PUBLIC LAW 101-565—NOV. 15, 1990 
"ARTICLE V 
"COMMISSIONERS 
"The Authority shall consist of twelve Commissioners, six of 
whom shall be residents of and qualified to vote in and shall be 
appointed from the State of Delaware, and six of whom shall be 
residents of and qualified to vote in and shall be appointed from the 
State of New Jersey; not more than three of the Commissioners of 
each State shall be of the same political party; the Commissioners 
for each State shall be appointed in the manner fixed and deter-
mined from time to time by the law of each State respectively. Each 
Commissioner shall hold office for a term of five years, and until his 
successor shall have been appointed and qualified, but the terms of 
the first Commissioners shall be so designated that the term of at 
least one Commissioner from each State shall expire each year. All 
terms shall run to the first day of July. Any vacancy, however 
created, shall be filled for the unexpired term only. Any Commis-
sioner may be suspended or removed from office as provided by law 
of the State from which he shall be appointed. 
"Commissioners shall be entitled to reimbursement for necessary 
expenses to be paid only from revenues of the Authority and may 
not receive any other compensation for services to the Authority 
except such as may from time to time be authorized from such 
revenues by concurrent legislation. 
"ARTICLE VI 
"BOARD ACTION 
"The Commissioners shall have charge of the Authority's prop-
erty and affairs and shall, for the purpose of doing business, con-
stitute a Board, but no action of the Commissioners shall be binding 
or effective unless taken at a meeting at which at least four 
Commissioners from each State are present, and unless at least four 
Commissioners from each State shall vote in favor thereof. The vote 
of any one or more of the Commissioners from each State shall be 
subject to cancellation by the Governor of such State at any time 
within 10 days (Saturdays, Sundays, and public holidays in the 
particular State excepted) after receipt at the Governor's office of a 
certified copy of the minutes of the meeting at which such vote was 
taken. Each State may provide by law for the manner of delivery of 
such minutes and for notification of the action thereon. 
"ARTICLE VII 
"GENERAL POWERS 
"For the effectuation of its authorized purposes, the Authority is 
hereby grginted the following powers: 
"(a) To have perpetual succession. 
"(h) To adopt and use an official seal. 
"(c) To elect a chairman and a vice chairman from among the 
Commissioners. The chairman and vice chairman shall be elected 
from different States and shall each hold office for two years. The 
chairmanship and vice chairmanship shall be alternated between 
the two States. 
PUBLIC LAW 101-565—NOV: 15, 1990 
104 STAT. 2789 
"(d) To adopt bylaws to govern the conduct of its affairs by the 
Board of Commissioners, and it may adopt rules and regulations and 
may make appropriate orders to carry out and discharge its powers, 
duties, and functions, but no bylaw or rule, regulation, or order shall 
take effect until it has been filed with the Secretary of State of each 
State or in such other manner in each State as may be provided by 
the law thereof. In the establishment of rules, regulations, and 
orders respecting the use of any crossing, transportation, or termi-
nal facility or commerce facility or development owned or operated 
by the Authority, including approach roads, it shall consult with 
appropriate officials of both States in order to insure, as far as 
possible, uniformity of such rules, regulations, and orders with the 
laws of both States. 
"(e) To appoint or employ such other officers, agents, attorneys, 
engineers, and employees as it may require for the performance of 
its duties and to fix and determine their qualifications, duties, 
compensation, pensions, terms of office and all other conditions and 
terms of emplojnnent and retention. 
"(f) To enter into contracts and agreements with either State or Government 
with the United States, or with any public body, department, or contracts, 
other agency of either State or of the United States or with any 
individual, firm, or corporation deemed necessary or advisable for 
the exercise of its purposes and powers. 
"(g) To accept from any government or governmental department, 
agency, or other public or private body, or from any other source, 
grants, or contributions of money or property as well as loans, 
advances, guarantees, or other forms of financial assistance which it 
may use for or in aid of any of its purposes. 
"(h) To acquire (by gift, purchase, or condemnation), own, hire, 
lease, use, operate, and dispose of property, whether real, personal, 
or mixed, or of any interest therein, including any rights, franchise 
and property for any crossing, facility, or other project owned by 
another and which the Authority is authorized to own and operate. 
"(i) To designate as express highways, and control public and 
private access thereto, all or any approaches to any crossing or other 
facility of the Authority for the purpose of connecting the same with 
any highway or other route in either State. 
"(j) To borrow money and to evidence such loans by bonds, notes, 
or other obligations, either secured or unsecured, and either in 
registered or unregistered form, and to fund or refund such evi-
dences of indebtedness, which may be executed with facsimile signa-
tures of such persons as may be designated by the Authority and by 
a facsimile of its corporate seal. 
"(k) To procure and keep in force adequate insurance or otherwise 
provide for the adequate protection of its property, as well as to 
indemnify it or its officers, agents, or employees against loss or 
liability with respect to any risk to which it or they may be exposed 
in carrying out any function hereunder. 
"(1) To grant the use of by franchise, lease, or otherwise, and to 
make charges for the use of any crossing, facility, or other project or 
property owned or controlled by it. 
"(m) To exercise the right of eminent domain to acquire any 
property or interest therein. 
"(n) To determine the exact location, system, and character of and 
all other matters in connection with any and all crossings, trginspor-
tation, or terminal facilities, commerce facilities or developments or 
104 STAT. 2790 
PUBLIC LAW 101-565—NOV. 15, 1990 
other projects which it may be authorized to own, construct, estab-
lish, effectuate, operate, or control. 
"(o) To exercise all other powers not inconsistent with the Con-
stitutions of the two States or of the United States, which may be 
reasonably necessary or incidental to the effectuation of its au-
thorized purposes or to the exercise of any of the foregoing powers, 
except the power to levy taxes or assessments, and generally to 
exercise in connection with its property and affairs, and in connec-
tion with property within its control, any and all powers which 
might be exercised by a natural person or a private corporation in 
connection with similar property and affairs. 
"ARTICLE VIII 
"ADDITIONAL POWERS 
"For the purpose of effectuating the authorized purposes of the 
Authority, additional powers may be granted to the Authority by 
legislation of either State without the concurrence of the other, and 
may be exercised within such State, or may be granted to the 
Authority by Congress and exercised by it; but no additional duties 
or obligations shall be undertaken by the Authority under the law of 
either State or of Congress without authorization by the law of both 
States. 
"ARTICLE IX 
"EMINENT DOMAIN 
"If the Authority shall find and determine that any property or 
interest therein is required for a public use in furtherance of the 
purposes of the Authority, said determination shall not be affected 
by the fact that such property has theretofore been taken over or is 
then devoted to a public use, but the public use in the hands or 
under the control of the Authority shall be deemed superior to the 
public use for which it has theretofore been taken or to which it is 
then devoted. The Authority shall not exercise the power of eminent 
domain granted herein to acquire any property, other than a cross-
ing, devoted to a public use, of either State, or of any municipality, 
local government, agency, public authority or commission, or of two 
or more of them, for any purpose other than a crossing, without 
having first secured the authorization of the holder of the title to the 
land in question and such other approvals as may be required by 
legislation of the State in which the project is to be located. The 
Authority shall not exercise the power of eminent domain in connec-
tion with any commerce facility or development. 
"In any condemnation proceedings in connection with the acquisi-
tion by the Authority of property or property rights of any character 
in either State and the right of inspection and immediate entry 
thereon, through the exercise by it of its power of eminent domain, 
any existing or future law or rule of court of the State in which such 
property is located with respect to the condemnation of property for 
the construction, reconstruction, and maintenance of highways 
therein shall control. The Authority shall have the same power and 
authority with respect thereto as the State agency named in any 
such law, provided that nothing herein contained shall be construed 
as requiring joint or concurrent action by the two States with 
respect to the enactment, repeal, or amendment of any law or rule 
PUBLIC LAW 101-565—NOV. 15, 1990 
104 STAT. 2791 
of court on the subject of condemnation under which the Authority 
may proceed by virtue of this Article. 
"If the established grade of any street, avenue, highway, or other 
route shall be changed by reason of the construction by the Author-
ity of any work so as to cause loss or injury to any property abutting 
on such street, avenue, highway, or other route, the Authority may 
enter into voluntary agreements with such abutting property 
owners and pay regisonable compensation for any loss or injury so 
sustained, whether or not it be compensable as damages under the 
condemnation law of the State. 
"The power of the Authority to acquire property by condemnation 
shall be a continuing power, and no exercise thereof shall be deemed 
to exhaust it. 
"ARTICLE X 
"REVENUE AND APPUCATION 
"The Authority is hereby authorized to establish, levy, and collect 
such tolls and other charges as it may deem necessary, proper, or 
desirable in connection with any crossing, transportation, or termi-
nal facility, commerce facility or development or other project which 
it is or may be authorized at any time to construct, own, operate, or 
control, and the aggregate of said tolls and charges shall be at least 
sufficient (1) to meet the combined expenses of operation, mainte-
nance and improvement thereof, (2) to pay the cost of acquisition or 
construction, including the pa3niient, amortization, and retirement 
of bonds or other securities or obligations assumed, issued, or in-
curred by the Authority, together with interest thereon, and (3) to 
provide reserves for such purposes; and the Authority is hereby 
authorized and empowered, subject to prior pledges, if any, to pledge 
such tolls and other revenues or any part thereof as security for the 
repayment with interest of any moneys borrowed by it or advanced 
to it for its authorized purposes and as security for the satisfaction 
of any other obligations assumed by it in connection with such loans 
or advances. There shall be allocated to the cost of the acquisition, 
construction, operation, maintenance, and improvement of such 
facilities and projects such proportion of the general expenses of the 
Authority as it shall deem properly chargeable thereto. 
"ARTICLE XI 
"COVENANT WITH BONDHOLDERS 
"The two said States covenant and agree with each other and with 
the holders of any bonds or other securities or obligations of the 
Authority, assumed, issued, or incurred by it and as security for 
which there may be pledged the tolls and revenues or any part 
thereof of any crossing, transportation, or terminal facility, com-
merce facility or development or other project, that the two said 
States will not, so long as any of such bonds or other obligations 
remain outstanding and unpaid, diminish, or impair the power of 
the Authority to establish, levy, and collect tolls and other charges 
in connection therewith, and that neither of the two said States will, 
so long as any of such bonds or other obligations remain outstanding 
and unpaid, authorize any crossing of the Delaware River or Dela-
ware Bay south of the line mentioned in Article IV(a) of this 
Compact by any person or body other than the Authority, unless, in 
104 STAT. 2792 
PUBLIC LAW 101-565—NOV. 15, 1990 
either case, adequate provision shall be made by law for the protec-
tion of those advancing money upon such obligations. 
"ARTICLE XII 
"SECURITIES LAWFUL INVESTMENTS 
"The bonds or other securities or obligations which may be issued 
by the Authority pursuant to this Compact, or any amendments 
hereof or supplements hereto, are hereby declared to be negotiable 
instruments, and are hereby made securities in which all State and 
municipal officers and bodies of each State, all banks, bankers, trust 
companies, savings banks, building and loan associations, saving 
and loan associations, investment companies and other persons 
carrying on a banking business, all insurance companies, insurance 
associations and other persons carrying on an insurance business, 
and all administrators, executors, guardians, trustees, and other 
fiduciaries and all other persons whatsoever who are now or may 
hereafter be authorized to invest in bonds or other obligations of 
either State may properly and legally invest any funds, including 
capital, belonging to them or within their control, and said obliga-
tions are hereby made securities which may properly and legally be 
deposited with and shall be received by any State or municipal 
officer or agency of either State for any purpose for which the 
deposit of bonds or other obligations of such State is now or may 
hereafter be authorized. 
"ARTICLE XIII 
"TAX STATUS 
"The powers and functions exercised by the Authority under this 
Compact and any amendments hereof or supplements hereto are 
and will be in all respects for the benefit of the people of the States 
of Delaware and New Jersey, the region and Nation, for the increase 
of their commerce and prosperity and for the enhancement of their 
general welfare. To this end, the Authority shall be regarded as 
performing essential governmental functions in exercising such 
powers and functions and in carrying out the provisions of this 
Compact and of any law relating thereto, and shall not be required 
to pay any taxes or assessments of any character, levied by either 
State or political subdivision thereof, upon any of the property used 
by it for such purposes, or any income or revenue therefrom, 
including any profit from a sale or exchange. The bonds or other 
securities or obligations issued by the Authority, their transfer and 
the interest paid thereon or income therefrom, including any profit 
from a sale or exchange, shall at all times be free from taxation by 
either State or any subdivision thereof. 
"ARTICLE XIV 
"JURISDICTION; USE OF LANDS 
"Each of the two States hereby consents to the use and occupancy 
by the Authority of any lands and property of the Authority in such 
State for the construction, operation, maintenance or improvement 
of any crossing, transportation, or terminal facility, commerce facil-
ity or development, or other project which it is or may be authorized 
PUBLIC LAW 101-565—NOV. 15, 1990 
104 STAT. 2793 
at any time to construct, own, or operate, including lands Ijdng 
under water, 
"ARTICLE XV 
"REVIEW AND ENFORCEMENT OF RULES 
"Judicial proceedings to review any bylaw, rule, regulation, order, 
or other action of the Authority or to determine the meaning or 
effect thereof may be brought in such court of each State, and 
pursuant to such law or rules thereof, as a similar proceeding with 
respect to any agency of such State might be brought. 
"Each State may provide by law what penalty or penalties shall 
be imposed for violation of any lawful rule, regulation, or order of 
the Authority, and, by law or rule of court, for the manner of 
enforcing the same. 
"ARTICLE XVI 
"NO PLEDGE OF CREDIT 
"The Authority shall have no power to pledge the credit or to 
create any debt or liability of the State of Delaware, of the State of 
New Jersey or of any other agency or of any political subdivision of 
said States. 
"ARTICLE XVII 
"LOCAL COOPERATION AND AGREEMENTS 
"(a) All municipalities, political subdivisions, and every depart-
ment, agency, or public body of each of the States are hereby 
authorized and empowered to cooperate with, aid and assist the 
Authority in effectuating the provisions of this Compact and of any 
amendment hereof or supplement hereto. 
"(b) The Authority is authorized and empowered to cooperate with 
each of the States, or any political subdivision thereof, and with any 
municipality, local government, agency, public authority or commis-
sion of the foregoing, in connection with the acquisition, planning, 
rehabilitation, construction or development of any project, other 
than a crossing, and to enter into an agreement or agreements, 
subject to compliance with the laws of the State in which the project 
is to be located, with each of the States, or any political subdivision 
thereof, and with any municipality, county, local government, 
agency, public authority, or commission or with two or more of 
them, for or relating to such purposes. 
"(c) The Authority and the city, town, municipality, or other 
political subdivision in which any project, other than a crossing, is to 
be located are hereby authorized and empowers, subject to compli-
ance with the laws of the State in which the project is to be located, 
to enter into an agreement or agreements to provide which locsd 
laws, resolutions, ordinances, rules, and regulations, if any, of the 
city, town, municipality, or other political subdivision affected by 
such project shall apply to such project. All other existing local laws, 
resolutions, ordinances or rules and regulations not provided for in 
the agreement shall be applicable to the project, other than a 
crossing. All local laws, resolutions, ordinances or rules and regula-
tions enacted after the date of the agreement shall not be applicable 
to such projects unless made applicable by the agreement or any 
modification thereto. 
104 STAT. 2794 
PUBLIC LAW 101-565—NOV. 15, 1990 
"ARTICLE XVIII 
"DEPOSITARIES 
"All banks, bankers, trust companies, savings banks and other 
persons carrying on a banking business under the laws of either 
State are authorized to give security for the safekeeping and prompt 
pajnnent of moneys of the Authority deposited by it with them, in 
such manner and form as may be required by and may be approved 
by the Authority, which security may consist of a good and sufficient 
undertaking with such sureties as may be approved by the Author-
ity, or may consist of the deposit with the Authority or other 
depository approved by the Authority as collateral of such securities 
as the Authority may approve. 
"ARTICLE XIX 
"AGENCY POUCE 
"Members of the police force established by the Authority, regard-
less of their residence, shall have in each State, on the crossings, 
transportation or terminal facilities, commerce facilities or develop-
ments and other projects and the approaches thereto, owned, oper-
ated, or controlled by the Authority, and at such other places and 
under such circumstances as the law of each State may provide, all 
the powers of investigation, detention, and arrest conferred by law 
on peace officers, sheriffs, or constables in such State or usually 
exercised by such officers in each State. 
"ARTICLE XX 
"REPORTS AND AUDITS 
"The Authority shall make annual reports to the Governors and 
Legislatures of the State of Delaware and the State of New Jersey, 
setting forth in detail its operations and transactions, and may 
make such additional reports from time to time to the Governors 
and Legislatures as it may deem desirable. 
"It shall, at least annually, cause an independent audit of its fiscal 
affairs to be made, and shall furnish a copy of such audit report 
together with such additional information or data with respect to its 
affairs as it may deem desirable to the Governors and Legislatures 
of each State. 
"It shall furnish such information or data with respect to its 
affairs as may be requested by the Governor or Legislature of each 
State. 
"ARTICLE XXI 
"BOUNDARIES UNAFFECTED 
"The existing territorial or boundary lines of the States or the 
jurisdiction of the two States established by said boundary lines 
shall not be changed hereby. 
PUBLIC LAW 101-565—NOV. 15, 1990 
104 STAT. 2795 
"ARTICLE XXII 
"ENVIRONMENTAL PROTECTION 
"(a) The planning, development, construction, and operation of 
any project, other than a crossing, shall comply with all environ-
mental protection laws, regulations, directives, and orders, includ-
ing, without limitation, any coastal zone laws, wetlands laws, or 
subaqueous land laws or natural resources laws, now or hereinafter 
enacted, or promulgated by the State in which the project, or any 
part thereof, is located. 
"(b) The planning, development, construction, and operation of 
any project, other than a crossing, to be located in the Delaware 
River and Bay shedl comply with all environmental protection laws, 
regulations, directives, and orders, including, without limitation, 
any coastal zone laws, wetlands laws, subaqueous land laws or 
natural resource laws now or hereinafter enacted or promulgated by 
either State. 
"(c) The planning, development, construction, and operation of 
any project, other than a crossing, located in the coastal zone of 
Delaware (as defined in Chapter 70 of Title 7 of the Delaware Code, 
as in effect on January 1, 1989), shall be subject to the same 
limitations, requirements, procedures, and appeals as apply to any 
other person under the Delaware Coastal Zone Act, Chapter 70 of 
Title 7 of the Delaware Code, as in effect on January 1, 1989. 
Nothing in this Compact shall be deemed to pre-empt, modify, or 
supersede any provision of the Delaware Coastal Zone Act, Chapter 
70 of Title 7 of the Delaware Code, as in effect on January 1, 1989. 
The interpretation and application of this paragraph shall be gov-
erned by the laws of the State of Delaware and be determined by the 
courts of the State of Delaware. 
"(d) The planning, development, construction, and operation of 
any project, other than a crossing, located in New Jersey, shall be 
subject to the provisions of New Jersey law, when applicable, includ-
ing but not limited to the Wetlands Act of 1970, N.J.S.A. 13:9A-1, et 
seq. and the Coastal Area Facility Review Act, N.J.S.A. 13:19-1, et 
seq. . 
SEC. 2. FEDERAL JURISDICTION NOT AFFECTED. 
Nothing contained in the compact set forth in section 1 shall be 
construed as impairing or in any manner affecting any right or 
jurisdiction of the United States in and over the area which forms 
the subject of such compact. 
SEC. 3. AUTHORITY FOR ADDITIONAL TOLL BRIDGES. 
Section 4 of the Act entitled "An Act to authorize the State of 
Delaware, by and through its State highway department, to con-
struct, maintain, and operate a toll bridge across the Delaware 
River near Wilmington, Delaware" approved July 13, 1946 (60 Stat. 
533), as amended by the Act of June 27, 1951 (65 Stat. 91) and the 
Act of October 3,1962 (76 Stat. 741-742),-is amended— 
(1) by striking "and" at the end of paragraph (3); 
(2) by striking the period at tha end of paragraph (4) and 
inserting "; and ; and 
(3) by adding after paragraph (4) the following: 
104 STAT. 2796 
PUBLIC LAW 101-565—NOV. 15, 1990 
"(5) to pay the cost of any project which the Delaware River 
and Bay Authority is or may be authorized to construct, own, 
operate, or control, under the Delaware-New Jersey Compact, 
as consented to by the Congress.". 
SEC. 4. REQUIREMENTS OF OTHER LAWS. 
In addition to any other requirement of law, any project con-
structed by the Delaware River and Bay Authority in and over the 
navigable waters of the United States shall be subject to the proce-
dural requirements of section 2(a) of the Fish and Wildlife Coordina-
tion Act (16 U.S.C. 662(a)). 
SEC. 5. CONSTRUCTION. 
Nothing in this resolution shall be construed as— 
(1) amending or superseding the provisions of the Act of 
September 27,1961 (75 Stat. 688); or 
(2) granting advance consent of Congress for the performance 
by the Delaware River and Bay Authority of other functions, as 
contemplated by Article IV, paragraph (d) of the compact set 
forth in section 1 or for the assumption by the Authority of 
additional powers, as contemplated by Article VIII of such 
compact. 
SEC. 6. DISCLOSURE OF INFORMATION. 
The right is reserved to the Congress or any of its standing 
committees to require of the Delaware River and Bay Authority the 
disclosure and furnishing of such information and data as is deemed 
appropriate by the Congress or any committee thereof having juris-
diction of the subject matter of this resolution. 
SEC. 7. RESERVATION BY THE CONGRESS. 
The right to alter, amend, or repeal this joint resolution is 
expressly reserved. 
Approved November 15, 1990. 
LEGISLATIVE HISTORY—H.J. Res. 657 (S.J. Res. 373): 
HOUSE REPORTS: No. 101-905 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 22, considered and passed House. 
Oct. 23, considered and passed Senate.