§ 46-17-2 - Northeastern water and related land resources compact.
SECTION 46-17-2
§ 46-17-2 Northeastern water and relatedland resources compact. – The governor on behalf of this state is authorized to enter into a compact,substantially in the following form, with the United States of America and withany two (2) or more of the states of Connecticut, Maine, Massachusetts, NewHampshire, and Vermont, and the legislature hereby signifies in advance itsapproval and ratification of the compact so entered into; the approval andratification to be effective upon the filing of a copy of the compact in theoffice of the secretary of state:
ARTICLE I
The northeastern part of the United States is by virtue ofgeographic location and other characteristics a great natural resource areawhich, with more intense use of natural resources, increasingly requirescoordinated planning as a basic ingredient of effective resource management andorderly growth of the region. The work of the New England-New York interagencycommittee demonstrated that a continuation and furtherance of activities suchas those undertaken by it would be of great value. To this end, it is theintent of this compact to establish and provide for the operation of a jointagency for the northeast.
ARTICLE II
It is the purpose of this compact to provide, in thenortheastern region, improved facilities and procedures for the coordination ofthe policies, programs, and activities of the United States, the severalstates, and private persons or entities, in the field of water and related landresources, and to study, investigate, and plan the development and use of thesame and conservation of such water and related land resources; to providemeans by which conflicts may be resolved; and to provide procedures forcoordination of the interests of all public and private agencies, persons andentities in the field of water and related land resources; and to provide anorganization for cooperation in such coordination on both the federal and statelevels of government.
ARTICLE III
There is hereby created the northeastern resourcescommission, hereinafter called "the commission" .
ARTICLE IV
The commission shall consist of one member from each partystate to be appointed and to serve, in accordance with and subject to the lawsof the state which he or she represents, and seven (7) members representingdepartments or agencies of the United States having principal responsibilitiesfor water and related land resources development to be appointed and to servein such manner as may be provided by the laws of the United States.
ARTICLE V
It shall be the responsibility of the commission to recommendto the states and the United States, or any intergovernmental agency, changesin law or policy which would promote coordination, or resolution of problems,in the field of water and related land resources. The efforts of the commissionin coordination of work and resolution of conflicts may be directed towards allstate and federal activities involved in water and related land resourcesdevelopment responsibilities and shall include coordination of the following:
(1) Collection and interpretation of basic data,
(2) Investigation and planning of water and related landresources projects,
(3) Programming (including scheduling) of water and relatedland resources construction and development,
(4) Encouraging of the referral of plans or proposals forresources projects to the commission.
The commission shall use qualified public and privateagencies to make investigations and conduct research in the field of water andrelated land resources, but if it is unable to secure the undertaking of suchinvestigations or original research by a qualified public or private agency, itshall have the power to make its own investigations and conduct its ownresearch. The commission may make contracts with any public or private agenciesor private persons or entities for the undertaking of such investigations, ororiginal research within its purview.
ARTICLE VI
No action of the commission respecting the internalmanagement thereof shall be binding unless taken at a meeting at which amajority of the members are present and vote in favor thereof; provided, thatany action not binding for such a reason may be ratified within thirty (30)days by the concurrence in writing of a majority of the commission membership.No action of the commission respecting a matter other than its internalmanagement shall be binding unless taken at a meeting at which a majority ofthe state members and a majority of the members representing the United Statesare present and a majority of said state members together with a majority ofsaid members representing the United States vote in favor thereof; provided,that any action not binding for such a reason may be ratified within thirty(30) days by the concurrence in writing of a majority of the state members andthe concurrence in writing of a majority of the members representing the UnitedStates.
ARTICLE VII
A. The commission shall submit to the governor or designatedofficer of each party state a request for funds to cover estimated expendituresfor such period as may be required by the laws of that jurisdiction forpresentation to the legislature thereof. Any such request shall indicate thesum or sums which the commission has requested or intends to request beappropriated by the United States for the use or support of the commissionduring the period covered thereby.
B. With due regard for such monies and other assistance asmay be made available to it, the commission shall be provided with such fundsby each of the several states participating therein to provide the means ofestablishing and maintaining facilities, a staff of personnel, and suchactivities as may be necessary to fulfill the powers and duties imposed uponand entrusted to the commission.
With due allowance for monies otherwise available, eachbudget of the commission shall be the responsibility of the party states, to beapportioned among them on a weighted formula based fifty percent (50%) onpopulation and fifty percent (50%) on gross land area, such population andgross land area to be determined in accordance with the last official UnitedStates census of population, but provided that the total contributions of allof the states shall not be required to exceed fifty thousand dollars ($50,000)annually and provided further that regardless of the number of states party tothe compact at any time the maximum annual contribution required of any stateshall not exceed its share of the fifty thousand dollars ($50,000) asdetermined above. Any state may contribute such funds in excess of its share,as determined above, as it may desire.
C. The commission shall not pledge the credit of anyjurisdiction. The commission may meet any of its obligations in whole or inpart with funds available to it under article VIII(E) of this compact, providedthat the commission takes specific action setting aside such funds prior to theincurring of any obligation to be met in whole or in part in such manner.
D. The members of the commission shall be paid by thecommission their actual expenses incurred and incident to the performance oftheir duties, subject to the approval of the commission.
E. The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by thecommission shall be audited by a qualified public accountant and the report ofthe audit shall be included in and become a part of the annual report of thecommission.
F. The accounts of the commission shall be open at anyreasonable time for inspection by such agency, representative, orrepresentatives of the jurisdictions which appropriate funds to the commission.
ARTICLE VIII
A. The commission may sue and be sued, and shall have a seal.
B. The commission shall elect annually, from among itsmembers, a chairperson, vice chairperson and treasurer. The commission shallappoint an executive director who shall also act as secretary, and togetherwith the treasurer, shall be bonded in such amounts as the commission mayrequire.
C. The commission shall appoint and remove or discharge suchpersonnel as may be necessary for the performance of its functions irrespectiveof any civil service laws which might otherwise apply. The commission shallestablish and maintain, independently, by contract or agreement with the UnitedStates or an agency thereof, or in conjunction with any one or more of theparty states, suitable retirement programs for its employees. Employees of thecommission shall be eligible for social security coverage in respect to old ageand survivors insurance provided that the commission takes such steps as may benecessary pursuant to federal law to participate in such program of insuranceas a governmental agency or unit. The commission may establish and maintain orparticipate in such additional programs of employee benefits as may beappropriate to afford employees of the commission terms and conditions ofemployment similar to those enjoyed by employees of the party states generally.
D. The commission may borrow, accept or contract for theservices of personnel from any state or the United States or any subdivision oragency thereof, from any intergovernmental agency, or from any institution,person, firm or corporation.
E. The commission may accept for any of its purposes andfunctions under this compact any and all appropriations, donations, and grantsof money, equipment, supplies, materials and services, conditional orotherwise, from any state or the United States or any subdivision or agencythereof, or intergovernmental agency, or any institution, person, firm orcorporation, and may receive, utilize and dispose of the same.
F. The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. The commission mayaccept, hold, and convey real and personal property and any interest therein.
G. The commission may adopt, amend, and rescind bylaws,rules, and regulations for the conduct of its business.
H. The commission shall make and transmit annually, to thelegislature and governor of each party state, and to the president and congressof the United States, a report covering the activities of the commission forthe preceding year, and embodying such recommendations as may have been adoptedby the commission. The commission may issue such additional reports as it maydeem desirable.
ARTICLE IX
Nothing in this compact shall be construed to impair, orotherwise affect, the jurisdiction of any interstate agency in which any partystate participates nor to abridge, impair, or otherwise affect the provisionsof any compact to which any one or more of the party states may be a party, norto supersede, diminish, or otherwise affect any obligation assumed under anysuch compact. Nor shall anything in this compact be construed to discourageadditional interstate compacts among some or all of the party states for themanagement of natural resources, or the coordination of activities with respectto a specific natural resource or any aspect of natural resource management, orfor the establishment of intergovernmental planning agencies in sub-areas ofthe region. Nothing in this compact shall be construed to limit thejurisdiction or activities of any participating government, agency, or officerthereof, or any private person or agency.
ARTICLE X
A. This compact shall become effective when entered into andenacted into law by any three (3) of the states of Connecticut, Maine,Massachusetts, New Hampshire, Rhode Island and Vermont, and when the UnitedStates has provided by law for the designation of its representation on thecommission. Thereafter it shall become effective with respect to any otheraforementioned state upon its enacting this compact into law.
B. Upon consent of the congress of the United States ofAmerica, any other state in the northeastern area may become a party to thiscompact, by entering into and enacting this compact into law.
ARTICLE XI
This compact shall continue in force and remain binding uponeach party state until renounced by it. Renunciation of this compact must bepreceded by sending three (3) years' notice in writing of intention to withdrawfrom the compact to the governor of each of the other states party hereto andto such officers or agencies of the United States as may be designated byfederal law.
ARTICLE XII
The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to beunconstitutional, or the applicability thereof, to any state, agency, person,or circumstance is held invalid, the constitutionality of the remainder of thiscompact and the applicability thereof to any other state, agency, person orcircumstance shall not be affected thereby. It is the legislative intent thatthe provisions of this compact be reasonably and liberally construed.