[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 20 Enrolled Bill (ENR)]
S.J.Res.20
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,

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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 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 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, protection 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,
``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:
``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 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 upon
one year's written notice from the Baltimore District Engineer to the
Governor of each State.
``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 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.''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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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.

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