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House Calendar No. 124
105th CONGRESS
1st Session
H. J. RES. 92
[Report No. 105-369]
_______________________________________________________________________
JOINT RESOLUTION
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River
Basin Compact.
_______________________________________________________________________
October 31, 1997
Reported with an amendment, referred to the House Calendar, and ordered
to be printed
House Calendar No. 124
105th CONGRESS
1st Session
H. J. RES. 92
[Report No. 105-369]
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River
Basin Compact.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 1997
Mr. Callahan (for himself, Mr. Barr of Georgia, Mr. Aderholt, Mr.
Bachus, Mr. Bishop, Mr. Chambliss, Mr. Collins, Mr. Cramer, Mr. Deal of
Georgia, Mr. Everett, Mr. Hilliard, Mr. Gingrich, Mr. Kingston, Mr.
Lewis of Georgia, Mr. Linder, Mr. Norwood, and Mr. Riley) introduced
the following joint resolution; which was referred to the Committee on
the Judiciary
October 31, 1997
Reported with an amendment, referred to the House Calendar, and ordered
to be printed
[Strike out all after the resolving clause and insert the part printed
in italic]
[For text of introduced joint resolution, see copy of joint resolution
as introduced on July 31, 1997]
_______________________________________________________________________
JOINT RESOLUTION
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River
Basin Compact.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. CONGRESSIONAL CONSENT.
The Congress consents to the Alabama-Coosa-Tallapoosa River Basin
Compact entered into by the States of Alabama and Georgia. The compact
is substantially as follows:
``Alabama-Coosa-Tallapoosa River Basin Compact
``The States of Alabama and Georgia and the United States of
America hereby agree to the following compact which shall become
effective upon enactment of concurrent legislation by each respective
state legislature and the Congress of the United States
``SHORT TITLE
``This Act shall be known and may be cited as the `Alabama-Coosa-
Tallapoosa River Basin Compact' and shall be referred to hereafter in
this document as the `ACT Compact' or `Compact'.
``ARTICLE I
``COMPACT PURPOSES
``This Compact among the States of Alabama and Georgia and the
United States of America has been entered into for the purposes of
promoting interstate comity, removing causes of present and future
controversies, equitably apportioning the surface waters of the ACT,
engaging in water planning, and developing and sharing common data
bases.
``ARTICLE II
``SCOPE OF THE COMPACT
``This Compact shall extend to all of the waters arising within the
drainage basin of the ACT in the states of Alabama and Georgia.
``ARTICLE III
``PARTIES
``The parties to this Compact are the states of Alabama and Georgia
and the United States of America.
``ARTICLE IV
``DEFINITIONS
``For the purposes of this Compact, the following words, phrases
and terms shall have the following meanings:
``(a) `ACT Basin' or `ACT' means the area of natural drainage into
the Alabama River and its tributaries, the Coosa River and its
tributaries, and the Tallapoosa River and its tributaries. Any
reference to the rivers within this Compact will be designated using
the letters `ACT' and when so referenced will mean each of these three
rivers and each of the tributaries to each such river.
`(b) `Allocation formula' means the methodology, in whatever form,
by which the ACT Basin Commission determines an equitable apportionment
of surface waters within the ACT Basin among the two states. Such
formula may be represented by a table, chart, mathematical calculation
or any other expression of the Commission's apportionment of waters
pursuant to this compact.
``(c) `Commission' or `ACT Basin Commission' means the Alabama-
Coosa-Tallapoosa River Basin Commission created and established
pursuant to this Compact.
``(d) `Ground waters' means waters within a saturated zone or
stratum beneath the surface of land, whether or not flowing through
known and definite channels.
``(e) `Person' means any individual, firm, association,
organization, partnership, business, trust, corporation, public
corporation, company, the United States of America, any state, and all
political subdivisions, regions, districts, municipalities, and public
agencies thereof.
``(f) `Surface waters' means waters upon the surface of the earth,
whether contained in bounds created naturally or artificially or
diffused. Water from natural springs shall be considered `surface
waters' when it exits from the spring onto the surface of the earth.
``(g) `United States' means the executive branch of the Government
of the United States of America, and any department, agency, bureau or
division thereof.
``(h) `Water Resource Facility' means any facility or project
constructed for the impoundment, diversion, retention, control or
regulation of waters within the ACT Basin for any purpose.
``(i) `Water resources,' or `waters' means all surface waters and
ground waters contained or otherwise originating within the ACT Basin.
``ARTICLE V
``CONDITIONS PRECEDENT TO LEGAL VIABILITY OF THE COMPACT
``This Compact shall not be binding on any party until it has been
enacted into law by the legislatures of the States of Alabama and
Georgia and by the Congress of the United States of America.
``ARTICLE VI
``ACT BASIN COMMISSION CREATED
``(a) There is hereby created an interstate administrative agency
to be known as the `ACT Basin Commission.' The Commission shall be
comprised of one member representing the State of Alabama, one member
representing the State of Georgia, and one non-voting member
representing the United States of America. The State members shall be
known as `State Commissioners' and the Federal member shall be known as
`Federal Commissioner.' The ACT Basin Commission is a body politic and
corporate, with succession for the duration of this Compact.
``(b) The Governor of each of the States shall serve as the State
Commissioner for his or her State. Each State Commissioner shall
appoint one or more alternate members and one of such alternates as
designated by the State Commissioner shall serve in the State
Commissioner's place and carry out the functions of the State
Commissioner, including voting on Commission matters, in the event the
State Commissioner is unable to attend a meeting of the Commission. The
alternate members from each State shall be knowledgeable in the field
of water resources management. Unless otherwise provided by law of the
State for which an alternate State Commissioner is appointed, each
alternate State Commissioner shall serve at the pleasure of the State
Commissioner. In the event of a vacancy in the office of an alternate,
it shall be filled in the same manner as an original appointment.
``(c) The President of the United States of America shall appoint
the Federal Commissioner who shall serve as the representative of all
Federal agencies with an interest in the ACT. The President shall also
appoint an alternate Federal Commissioner to attend and participate in
the meetings of the Commission in the event the Federal Commissioner is
unable to attend meetings. When at meetings, the alternate Federal
Commissioner shall possess all of the powers of the Federal
Commissioner. The Federal Commissioner and alternate appointed by the
President shall serve until they resign or their replacements are
appointed.
``(d) Each state shall have one vote on the ACT Basin Commission
and the Commission shall make all decisions and exercise all powers by
unanimous vote of the two State Commissioners. The Federal Commissioner
shall not have a vote but shall attend and participate in all meetings
of the ACT Basin Commission to the same extent as the State
Commissioners.
``(e) The ACT Basin Commission shall meet at least once a year at a
date set at its initial meeting. Such initial meeting shall take place
within ninety days of the ratification of the Compact by the Congress
of the United States and shall be called by the chairman of the
Commission. Special meetings of the Commission may be called at the
discretion of the chairman of the Commission and shall be called by the
chairman of the Commission upon written request of any member of the
Commission. All members shall be notified of the time and place
designated for any regular or special meeting at least five days prior
to such meeting in one of the following ways: by written notice mailed
to the last mailing address given to the Commission by each member, by
facsimile, telegram or by telephone. The Chairmanship of the Commission
shall rotate annually among the voting members of the Commission on an
alphabetical basis, with the first chairman to be the State
Commissioner representing the State of Alabama.
``(f) All meetings of the Commission shall be open to the public.
``(g) The ACT Basin Commission, so long as the exercise of power is
consistent with this Compact, shall have the following general powers:
``(1) to adopt bylaws and procedures governing its conduct;
``(2) to sue and be sued in any court of competent
jurisdiction;
``(3) to retain and discharge professional, technical,
clerical and other staff and such consultants as are necessary
to accomplish the purposes of this Compact;
``(4) to receive funds from any lawful source and expend
funds for any lawful purpose;
``(5) to enter into agreements or contracts, where
appropriate, in order to accomplish the purposes of this
Compact;
``(6) to create committees and delegate responsibilities;
``(7) to plan, coordinate, monitor, and make
recommendations for the water resources of the ACT Basin for
the purposes of, but not limited to, minimizing adverse impacts
of floods and droughts and improving water quality, water
supply, and conservation as may be deemed necessary by the
Commission;
``(8) to participate with other governmental and non-
governmental entities in carrying out the purposes of this
Compact;
``(9) to conduct studies, to generate information regarding
the water resources of the ACT Basin, and to share this
information among the Commission members and with others;
``(10) to cooperate with appropriate state, federal, and
local agencies or any other person in the development,
ownership, sponsorship, and operation of water resource
facilities in the ACT Basin; provided, however, that the
Commission shall not own or operate a federally-owned water
resource facility unless authorized by the United States
Congress;
``(11) to acquire, receive, hold and convey such personal
and real property as may be necessary for the performance of
its duties under the Compact; provided, however, that nothing
in this Compact shall be construed as granting the ACT Basin
Commission authority to issue bonds or to exercise any right of
eminent domain or power of condemnation;
``(12) to establish and modify an allocation formula for
apportioning the surface waters of the ACT Basin among the
states of Alabama and Georgia; and
``(13) to perform all functions required of it by this
Compact and to do all things necessary, proper or convenient in
the performance of its duties hereunder, either independently
or in cooperation with any state or the United States.
``ARTICLE VII
``EQUITABLE APPORTIONMENT
``(a) It is the intent of the parties to this Compact to develop an
allocation formula for equitably apportioning the surface waters of the
ACT Basin among the states while protecting the water quality, ecology
and biodiversity of the ACT, as provided in the Clean Water Act, 33
U.S.C. Sections 1251 et seq., the Endangered Species Act, 16 U.S.C.
Sections 1532 et seq., the National Environmental Policy Act, 42 U.S.C.
Sections 4321 et seq., the Rivers and Harbors Act of 1899, 33 U.S.C.
Sections 401 et seq., and other applicable federal laws. For this
purpose, all members of the ACT Basin Commission, including the Federal
Commissioner, shall have full rights to notice of and participation in
all meetings of the ACT Basin Commission and technical committees in
which the basis and terms and conditions of the allocation formula are
to be discussed or negotiated. When an allocation formula is
unanimously approved by the State Commissioners, there shall be an
agreement among the states regarding an allocation formula. The
allocation formula thus agreed upon shall become effective and binding
upon the parties to this Compact upon receipt by the Commission of a
letter of concurrence with said formula from the Federal Commissioner.
If, however, the Federal Commissioner fails to submit a letter of
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