WEST VIRGINIA

§29-1J-1. Jennings Randolph Lake Project Compact authorized.
      The governor is hereby authorized and directed to execute a compact on
behalf of the state of West Virginia with the state of Maryland, with
participation through concurrence by the United States army corps of
engineers legally joining in the form substantially as follows:

        JENNINGS RANDOLPH LAKE PROJECT COMPACT
                      PREAMBLE
      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:
      a. 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
      b. 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
      c. 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
      d. 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
      e. 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
      f. The District has fisheries and wildlife plans as part of the District's
project operational plan management; and
      g. 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 primarily
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
      h. The District, the Maryland department of natural resources and the
West Virginia division of natural resources are desirous of conserving,
perpetuating and improving fish and wildlife resources and recreational
benefits of the Jennings Randolph Lake Project; and
      i. 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
      The states of West Virginia and Maryland, 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.
      a. This compact shall be known and may be cited as the Jennings
Randolph Lake Project Compact.
      b. 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 intergovernmental cooperation,
are public purposes of the respective signatory parties; and
      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,
      a. Acknowledges that the West Virginia division of natural resources and
the Maryland department of natural resources 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 III, Part 327, Code of Federal
Regulations,
      b. Agrees to practice those forms of resource management as determined
jointly by the District, the West Virginia division of natural resources and the
Maryland department of natural resources to be beneficial to natural resources
and which will enhance public recreational opportunities compatible with other
authorized purposes of the project,
      c. Agrees to consult with the West Virginia division of natural resources
and the Maryland department of natural resources 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 or lighting. All such permits issued by the
District will require the permittee to comply with all state laws and regulations,
      d. Agrees to consult with the West Virginia division of natural resources
and the Maryland department of natural resources 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, or public use and enjoyment,
      e. Agrees to consult with the West Virginia division of natural resources
and the Maryland department of natural resources 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,
      f. 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.
      g. 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
      h. Agrees to notify the West Virginia division of natural resources and the
Maryland department of natural resources 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 ensure 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 West Virginia and the state of Maryland agree:
      a. 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;
      b. 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;
      c. That the agreement for fishing privileges dated the twenty-fourth day of
June, one thousand nine hundred eighty-five, between the state of West
Virginia and the state of Maryland, as amended, remains in full force and
effect;
      d. To enforce the natural resources and boating laws and regulations
applicable to the Jennings Randolph Lake Project;
      e. To supply to the District with the name, address and telephone number
of the persons to be contacted when any drawdown except those resulting
from normal regulation procedures occurs;
      f. To inform the reservoir manager of all emergencies or unusual activities
occurring on the Jennings Randolph Lake Project;
      g. 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
      h. 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.
      Pursuant to the aims and purposes of this compact, the state of West
Virginia, the state of Maryland 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:
      a. 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;
      b. Evaluating natural resources and boating, to develop natural resource
and boating management plans and to initiate and carry out management
programs;
      c. 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 Jennings Randolph Lake Project; and
      d. 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.
      a. Each and every provision of this compact is subject to the laws of the
states of West Virginia and Maryland and the laws of the United States, and
the delegated authority in each instance.
      b. 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
West Virginia and Maryland.
      c. 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.
      d. 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 other provision, party or agency. It is
the legislative intent that the provisions of this compact be reasonably and
liberally construed to effectuate the stated purposes of the compact.
      e. 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.
      f. 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 engineer 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.
      g. 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.
      h. 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.

§29-1J-2. Date on which article becomes effective.
      This article shall take effect and become operative and the compact be
executed for and on behalf of this state only from and after the approval,
ratification, and adoption, and entering into thereof by the state of Maryland
and with the concurrence of the United States army corps of engineers,
Baltimore, Maryland district.