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Pub.L. 105-106 To provide for the acquisition of the Plains Railroad Depot at the Jimmy Carter National Historic Site. <> ...
[[Page 111 STAT. 2233]]
Public Law 105-105
Granting the consent of Congress to the Alabama-Coosa-Tallapoosa River
Basin Compact. <<NOTE: Nov. 20, 1997 - [H.J. Res. 92]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: Alabama. Georgia.>>
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
``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 <<NOTE: Alabama-Coosa-Tallapoosa River Basin Compact.>>
``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
``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.
[[Page 111 STAT. 2234]]
``The parties to this Compact are the states of Alabama and Georgia
and the United States of America.
``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
``(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
``(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.
[[Page 111 STAT. 2235]]
``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.
``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) <<NOTE: President.>> 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
``(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
``(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
[[Page 111 STAT. 2236]]
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) <<NOTE: Contracts.>> 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.
[[Page 111 STAT. 2237]]
``(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 concurrence to the Commission
within two hundred ten (210) days after the allocation formula is agreed
upon by the State Commissioners, the Federal Commissioner shall within
forty-five (45) days thereafter submit to the ACT Basin Commission a
letter of nonconcurrence with the allocation formula setting forth
therein specifically and in detail the reasons for nonconcurrence;
provided, however, the reasons for nonconcurrence as contained in the
letter of nonconcurrence shall be based solely upon federal law. The
allocation formula shall also become effective and binding upon the
parties to this Compact if the Federal Commissioner fails to submit to
the ACT Basin Commission a letter of nonconcurrence in accordance with
this Article. Once adopted pursuant to this Article, the allocation
formula may only be modified by unanimous decision of the State
Commissioners and the concurrence by the Federal Commissioner in
accordance with the procedures set forth in this Article.
``(b) The parties to this Compact recognize that the United States
operates certain projects within the ACT Basin that may influence the
water resources within the ACT Basin. The parties to this Compact
further acknowledge and recognize that various agencies of the United
States have responsibilities for administering certain federal laws and
exercising certain federal powers that may influence the water resources
within the ACT Basin. It is the intent of the parties to this Compact,
including the United States, to achieve compliance with the allocation
formula adopted in accordance with this Article. Accordingly, once an
allocation formula is adopted, each and every officer, agency, and
instrumentality of the United States shall have an obligation and duty,
to the maximum extent practicable, to exercise their powers, authority,
and discretion in a manner consistent with the allocation formula so
long as the exercise of such powers, authority, and discretion is not in
conflict with federal law.
[[Page 111 STAT. 2238]]
``(c) Between the effective date of this Compact and the approval of
the allocation formula under this Article, the signatories to this
Compact agree that any person who is withdrawing, diverting, or
consuming water resources of the ACT Basin as of the effective date of
this Compact, may continue to withdraw, divert or consume such water
resources in accordance with the laws of the state where such person
resides or does business and in accordance with applicable federal laws.
The parties to this Compact further agree that any such person may
increase the amount of water resources withdrawn, diverted or consumed
to satisfy reasonable increases in the demand of such person for water
between the effective date of this Compact and the date on which an
allocation formula is approved by the ACT Basin Commission as permitted
by applicable law. Each of the state parties to this Compact further
agree to provide written notice to each of the other parties to this
Compact in the event any person increases the withdrawal, diversion or
consumption of such water resources by more than 10 million gallons per
day on an average annual daily basis, or in the event any person, who
was not withdrawing, diverting or consuming any water resources from the
ACT Basin as of the effective date of this Compact, seeks to withdraw,
divert or consume more than one million gallons per day on an average
annual daily basis from such resources. This Article shall not be
construed as granting any permanent, vested or perpetual rights to the
amounts of water used between January 3, 1992 and the date on which the
Commission adopts an allocation formula.
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105th Congressional Public Laws Records and Documents
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