[104th Congress Public Law 176]
[From the U.S. Government Printing Office]
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[DOCID: f:publ176.104]
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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 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. <<NOTE: Aug. 6, 1996 - [S.J. Res. 20]>>
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 <<NOTE: Jennings Randolph Lake Project 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 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 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 accordance with
House Document Number 469, 87th Congress, 2nd Session for flood
control, water supply, water quality, and recreation; 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, bathing,
fishing, and other recreational purposes, so long as the same is
not inconsistent with the laws for the protection of
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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
construct 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
responsibilities through this Compact and they each recognize
that consistent 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 respective state legislatures, to the
Jennings Randolph Lake Project Compact, 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
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tion and management of these resources, under appropriate arrangements
for inter-governmental cooperation, are public purposes 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 signatory
parties, and it is the purpose of this compact that, notwithstanding 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 boating 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 Regulations 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 Virginia 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 permits issued by the District will
require the permittee to comply with all State laws and regulations,
``2.4 Agrees to consult with the Maryland DNR and West Virginia 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 enjoyment,
``2.5 Agrees to consult with the Maryland DNR and West Virginia 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,
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``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 manual 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 downstream 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 jurisdiction
with the District and the other State for the purpose of enforcing 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 telephone
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
familiarize 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:
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``4.2 Meeting jointly at least once annually, and providing for
other meetings as deemed necessary for discussion of matters relating 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 natural
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 Randolph 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 otherwise affected as to any
provision, party, or agency. It is the legislative 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 <<NOTE: Effective date.>> When this Compact has been ratified
by the legislature 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
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upon one year's written notice from the Baltimore District Engineer to
the Governor of each State.
``5.8 <<NOTE: Effective date.>> 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 legislatures 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 ratification.''.
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):
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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.
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