A joint resolution granting the consent of Congress to the compact to provide for joint natural resource management and enforcement of laws and regulations pertaining to natural resources and boating at the Jennings Randolph Lake Project lying in Garrett County, Maryland and Mineral County, West Virginia, entered into between the States of West Virginia and Maryland.
PL 104-176 (S.J.Res.20), enacted 08/06/1996

PUBLIC LAW 104-176—AUG. 6, 1996 
110 STAT. 1557 
Public Law 104-176 
104th Congress 
Joint Resolution 
Granting the consent of Congress to the compact to provide for joint natural resource 
management and enforcement of laws and regulations pertaining to natural re-
sources and boating at the Jennings Randolph Lake Project lying in Garrett 
County, Maryland and Mineral County, West Virginia, entered into between 
the States of West Virginia and Maryland. 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SECTION 1. CONGRESSIONAL CONSENT. 
The Congress hereby consents to the Jennings Randolph Lake 
Project Compact entered into between the States of West Virginia 
and Maryland which compact is substantially as follows: 
"COMPACT 
"Whereas the State of Maryland and the State of West Virginia, 
with the concurrence of the United States Department of the 
Army, Corps of Engineers, have approved and desire to enter 
into a compact to provide for joint natural resource management 
and enforcement of laws and regulations pertaining to natural 
resources and boating at the Jennings Randolph Lake Project 
lying in Garrett County, Maryland and Mineral County, West 
Virginia, for which they seek the approval of Congress, and 
which compact is as follows: 
"Whereas the signatory parties hereto desire to provide for joint 
natural resource management and enforcement of laws and regu-
lations pertaining to natural resources and boating at the Jen-
nings Randolph Lake Project lying in Garrett County, Maryland 
and Mineral County, West Virginia, for which they have a joint 
responsibility; and they declare as follows: 
"1. The Congress, under Public Law 87-874, authorized 
the development of the Jennings Randolph Lake Project for 
the North Branch of the Potomac River substantially in accord-
ance with House Document Number 469, 87th Congress, 2nd 
Session for flood control, water supply, water quality, and recre-
ation; and 
"2. Section 4 of the Flood Control Act of 1944 (Ch 665, 
58 Stat. 534) provides that the Chief of Engineers, under the 
supervision of the Secretary of War (now Secretary of the 
Army), is authorized to construct, maintain and operate public 
park and recreational facilities in reservoir areas under control 
of such Secretary for the purpose of boating, swimming, bath-
ing, fishing, and other recreational purposes, so long as the 
same is not inconsistent with the laws for the protection of 
Aug. 6, 1996 
[S.J. Res. 20] 
Jennings 
Randolph 
Lake Project 
Compact. 
110 STAT. 1558 
PUBLIC LAW 104-176—AUG. 6, 1996 
fish and wildlife of the State(s) in which such area is situated; 
and 
"3. Pursuant to the authorities cited above, the U.S. Army 
Engineer District (Baltimore), hereinafter 'District', did con-
struct and now maintains and operates the Jennings Randolph 
Lake Project; and 
"4. The National Environmental Policy Act of 1969 (P.L. 
91-190) encourages productive and enjoyable harmony between 
man and his environment, promotes efforts which will stimulate 
the health and welfare of man, and encourages cooperation 
with State and local governments to achieve these ends; and 
"5. The Fish and Wildlife Coordination Act (16 U.S.C. 661-
666c) provides for the consideration and coordination with other 
features of water-resource development programs through the 
effectual and harmonious planning, development, maintenance, 
and coordination of wildlife conservation and rehabilitation; 
and 
"6. The District has Fisheries and Wildlife Plans as part 
of the District's project Operational Management Plan; and 
"7. In the respective States, the Maryland Department 
of Natural Resources (hereinafter referred to as 'Maryland 
DNR') and the West Virginia Division of Natural Resources 
(hereinafter referred to as 'West Virginia DNR') are responsible 
for providing a system of control, propagation, management, 
protection, and regulation of natural resources and boating 
in Maryland and West Virginia and the enforcement of laws 
and regulations pertaining to those resources as provided in 
Annotated Code of Maryland Natural Resources Article and 
West Virginia Chapter 20, respectively, and the successors 
thereof; and 
"8. The District, the Maryland DNR, and the West Virginia 
DNR are desirous of conserving, perpetuating and improving 
fish and wildlife resources and recreational benefits of the 
Jennings Randolph Lake Project; and 
"9. The District and the States of Maryland and West 
Virginia wish to implement the aforesaid acts and responsibil-
ities through this Compact and they each recognize that consist-
ent enforcement of the natural resources and boating laws 
and regulations can best be achieved by entering this Compact: 
"Now, therefore, be it Resolved, That the States of Maryland 
and West Virginia, with the concurrence of the United States 
Department of the Army, Corps of Engineers, hereby solemnly 
covenant and agree with each other, upon enactment of concurrent 
legislation by The Congress of the United States and by the respec-
tive state legislatures, to the Jennings Randolph Lake Project Com-
pact, which consists of this preamble and the articles that follow: 
"Article I—^Name, Findings, and Purpose 
"1.1 This compact shall be known and may be cited as the 
Jennings Randolph Lake Project Compact. 
"1.2 The legislative bodies of the respective signatory parties, 
with the concurrence of the U.S. Army Corps of Engineers, hereby 
find and declare: 
"1. The water resources and project lands of the Jennings 
Randolph Lake Project are affected with local, state, regional, and 
national interest, and the planning, conservation, utilization, protec-
PUBLIC LAW 104-176—AUG. 6, 1996 
110 STAT. 1559 
tion and management of these resources, under 
appropriate 
arrangements for inter-governmental cooperation, are public pur-
poses of the respective signatory parties. 
"2. The lands and waters of the Jennings Randolph Lake Project 
are subject to the sovereign rights and responsibilities of the signa-
tory parties, and it is the purpose of this compact that, notwith-
standing any boundary between Maryland and West Virginia that 
preexisted the creation of Jennings Randolph Lake, the parties 
will have and exercise concurrent jurisdiction over any lands and 
waters of the Jennings Randolph Lake Project concerning natural 
resources and boating laws and regulations in the common interest 
of the people of the region. 
"Article II—District Responsibilities 
"The District, within the Jennings Randolph Lake Project, 
"2.1 Acknowledges that the Maryland DNR and West Virginia 
DNR have authorities and responsibilities in the establishment, 
administration and enforcement of the natural resources and boat-
ing laws and regulations applicable to this project, provided that 
the laws and regulations promulgated by the States support and 
implement, where applicable, the intent of the Rules and Regula-
tions Governing Public Use of Water Resources Development 
Projects administered by the Chief of Engineers in Title 36, Chapter 
RI, Part 327, Code of Federal Regulations, 
"2.2 Agrees to practice those forms of resource management 
as determined jointly by the District, Maryland DNR and West 
Virginia DNR to be beneficial to natural resources and which will 
enhance public recreational opportunities compatible with other 
authorized purposes of the project, 
"2.3 Agrees to consult with the Maryland DNR and West Vir-
ginia DNR prior to the issuance of any permits for activities or 
special events which would include, but not necessarily be limited 
to: fishing tournaments, training exercises, regattas, marine 
parades, placement of ski ramps, slalom water ski courses and 
the establishment of private markers and/or lighting. All such per-
mits issued by the District will require the permittee to comply 
with all State laws and regpilations, 
"2.4 Agrees to consult with the Maryland DNR and West Vir-
ginia DNR regarding any recommendations for regulations affecting 
natural resources, including, but not limited to, hunting, trapping, 
fishing or boating at the Jennings Randolph Lake Project which 
the District believes might be desirable for reasons of public safety, 
administration of public use and enjo5anent, 
"2.5 Agrees to consult with the Maryland DNR and West Vir-
ginia DNR relative to the marking of the lake with buoys, aids 
to navigation, regulatory markers and establishing and posting 
of speed limits, no wake zones, restricted or other control areas 
and to provide, install and maintain such buoys, aids to navigation 
and regulatory markers as are necessary for the implementation 
of the District's Operational Management Plan. All buoys, aids 
to navigation and regulatory markers to be used shall be marked 
in conformance with the Uniform State Waterway Marking System, 
"2.6 Agrees to allow hunting, trapping, boating and fishing 
by the public in accordance with the laws and regulations relating 
to the Jennings Randolph Lake Project, 
110 STAT. 1560 
PUBLIC LAW 104-176—AUG. 6, 1996 
"2.7 Agrees to provide, install and maintain public ramps, 
parking areas, courtesy docks, etc., as provided for by the approved 
Corps of Engineers Master Plan, and 
"2.8 Agrees to notify the Maryland DNR and the West Virginia 
DNR of each reservoir drawdown prior thereto excepting drawdown 
for the reestablishment of normal lake levels following flood control 
operations and drawdown resulting from routine water control 
management operations described in the reservoir regulation man-
ual including releases requested by water supply owners and normal 
water quality releases. In case of emergency releases or emergency 
flow curtailments, telephone or oral notification will be provided. 
The District reserves the right, following issuance of the above 
notice, to make operational and other tests which may be necessary 
to insure the safe and efficient operation of the dam, for inspection 
and maintenance purposes, and for the gathering of water quality 
data both within the impoundment and in the Potomac River down-
stream from the dam. 
'^Article III—State Responsibilities 
"The State of Maryland and the State of West Virginia agree: 
"3.1 That each State will have and exercise concurrent jurisdic-
tion with the District and the other State for the purpose of enforc-
ing the civil and criminal laws of the respective States pertaining 
to natural resources and boating laws and regulations over any 
lands and waters of the Jennings Randolph Lake Project; 
"3.2 That existing natural resources and boating laws and 
regulations already in effect in each State shall remain in force 
on the Jennings Randolph Lake Project until either State amends, 
modifies or rescinds its laws and regulations; 
"3.3 That the Agreement for Fishing Privileges dated June 
24, 1985 between the State of Maryland and the State of West 
Virginia, as amended, remains in full force and effect; 
"3.4 To enforce the natural resources and boating laws and 
regulations applicable to the Jennings Randolph Lake Project; 
"3.5 To supply the District with the name, address and tele-
phone number of the person(s) to be contacted when any drawdown 
except those resulting from normal regulation procedures occurs; 
"3.6 To inform the Reservoir Manager of all emergencies or 
unusual activities occurring on the Jennings Randolph Lake Project; 
"3.7 To provide training to District employees in order to famil-
iarize them with natural resources and boating laws and regulations 
as they apply to the Jennings Randolph Lake Project; and 
"3.8 To recognize that the District and other Federal Agencies 
have the right and responsibility to enforce, within the boundaries 
of the Jennings Randolph Lake Project, all applicable Federal laws, 
rules and regulations so as to provide the public with safe and 
healthful recreational opportunities and to provide protection to 
all federal property within the project. 
"Article IV—Mutual Cooperation 
"4.1 Pursuant to the aims and purposes of this Compact, the 
State of Maryland, the State of West Virginia and the District 
mutually agree that representatives of their natural resource 
management and enforcement agencies will cooperate to further 
the purposes of this Compact. This cooperation includes, but is 
not limited to, the following: 
PUBLIC LAW 104-176—AUG. 6, 1996 
110 STAT. 1561 
"4.2 Meeting jointly at least once annually, and providing for 
other meetings as deemed necessary for discussion of matters relat-
ing to the management of natural resources and visitor use on 
lands and waters within the Jennings Randolph Lake Project; 
"4.3 Evaluating natural resources and boating, to develop natu-
ral resources and boating management plans and to initiate and 
carry out management programs; 
"4.4 Encouraging the dissemination of joint publications, press 
releases or other public information and the interchange between 
parties of all pertinent agency policies and objectives for the use 
and perpetuation of natural resources of the Jennings Randolph 
Lake Project; and 
"4.5 Entering into working arrangements as occasion demands 
for the use of lands, waters, construction and use of buildings 
and other facilities at the project. 
"Article V—General Provisions 
"5.1 Each and every provision of this Compact is subject to 
the laws of the States of Maryland and West Virginia and the 
laws of the United States, and the delegated authority in each 
instance. 
"5.2 The enforcement and applicability of natural resources 
and boating laws and regulations referenced in this Compact shall 
be limited to the lands and waters of the Jennings Randolph Lake 
Project, including but not limited to the prevailing reciprocal fishing 
laws and regulations between the States of Maryland and West 
Virginia. 
"5.3 Nothing in this Compact shall be construed as obligating 
any party hereto to the expenditure of funds or the future payment 
of money in excess of appropriations authorized by law. 
"5.4 The provisions of this Compact shall be severable, and 
if any phrase, clause, sentence or provision of the Jennings Ran-
dolph Lake Project Compact is declared to be unconstitutional or 
inapplicable to any signatory party or agency of any party, the 
constitutionality and applicability of the Compact shall not be other-
wise affected as to any provision, party, or agency. It is the legisla-
tive intent that the provisions of the Compact be reasonably and 
liberally construed to effectuate the stated purposes of the Compact. 
"5.5 No member of or delegate to Congress, or signatory shall 
be admitted to any share or part of this Compact, or to any benefit 
that may arise therefrom; but this provision shall not be construed 
to extend to this agreement if made with a corporation for its 
general benefit. 
"5.6 When this Compact has been ratified by the legislature 
Effective date. 
of each respective State, when the Governor of West Virginia and 
the Governor of Maryland have executed this Compact on behalf 
of their respective States and have caused a verified copy thereof 
to be filed with the Secretary of State of each respective State, 
when the Baltimore District of the U.S. Army Corps of Engineers 
has executed its concurrence with this Compact, and when this 
Compact has been consented to by the Congress of the United 
States, then this Compact shall become operative and effective. 
"5.7 Either State may, by legislative act, after one year's written 
notice to the other, withdraw from this Compact. The U.S. Army 
Corps of Engineers may withdraw its concurrence with this Compact 
29-194 O - 96 - 25 : QL 3 Part 2 
110 STAT. 1562 
PUBLIC LAW 104-176—AUG. 6, 1996 
upon one year's written notice from the Baltimore District Engineer 
to the Governor of each State. 
Effective date. 
"5.8 This Compact may be amended from time to time. Each 
proposed amendment shall be presented in resolution form to the 
Governor of each State and the Baltimore District Engineer of 
the U.S. Army Corps of Engineers. An amendment to this Compact 
shall become effective only after it has been ratified by the legisla-
tures of both signatory States and concurred in by the U.S. Army 
Corps of Engineers, Baltimore District. Amendments shall become 
effective thirty days after the date of the last concurrence or ratifica-
tion.". 
SEC. 2. The right to alter, amend or repeal this joint resolution 
is hereby expressly reserved. The consent granted by this joint 
resolution 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 August 6, 1996. 
LEGISLATIVE HISTORY—S.J. Res. 20 (H.J. Res. 113): 
HOUSE REPORTS: No. 104-706 accompanying H.J. Res. 113 (Comm. on 
the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 141 (1995): Sept. 20, considered and passed Senate. 
Vol. 142 (1996): July 29, H.J. Res. 113 and S.J. Res. 20 considered and passed 
House.