§ 46-17-2. Northeastern water and related land 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 with any two (2) or more
of the states of Connecticut, Maine, Massachusetts, New Hampshire, and Vermont, and
the legislature hereby signifies in advance its approval and ratification of the compact
so entered into; the approval and ratification to be effective upon the filing of
a copy of the compact in the office of the secretary of state:
ARTICLE I
The northeastern part of the United States is by virtue of geographic location and
other characteristics a great natural resource area which, with more intense use of
natural resources, increasingly requires coordinated planning as a basic ingredient
of effective resource management and orderly growth of the region. The work of the
New England-New York interagency committee demonstrated that a continuation and furtherance
of activities such as those undertaken by it would be of great value. To this end,
it is the intent of this compact to establish and provide for the operation of a joint
agency for the northeast.
ARTICLE II
It is the purpose of this compact to provide, in the northeastern region, improved
facilities and procedures for the coordination of the policies, programs, and activities
of the United States, the several states, and private persons or entities, in the
field of water and related land resources, and to study, investigate, and plan the
development and use of the same and conservation of such water and related land resources;
to provide means by which conflicts may be resolved; and to provide procedures for
coordination of the interests of all public and private agencies, persons and entities
in the field of water and related land resources; and to provide an organization for
cooperation in such coordination on both the federal and state levels of government.
ARTICLE III
There is hereby created the northeastern resources commission, hereinafter called
"the commission�.
ARTICLE IV
The commission shall consist of one member from each party state to be appointed and
to serve, in accordance with and subject to the laws of the state which he or she
represents, and seven (7) members representing departments or agencies of the United
States having principal responsibilities for water and related land resources development
to be appointed and to serve in such manner as may be provided by the laws of the
United States.
ARTICLE V
It shall be the responsibility of the commission to recommend to the states and the
United States, or any intergovernmental agency, changes in law or policy which would
promote coordination, or resolution of problems, in the field of water and related
land resources. The efforts of the commission in coordination of work and resolution
of conflicts may be directed towards all state and federal activities involved in
water and related land resources development responsibilities and shall include coordination
of the following:
(1) Collection and interpretation of basic data,
(2) Investigation and planning of water and related land resources projects,
(3) Programming (including scheduling) of water and related land resources construction
and development,
(4) Encouraging of the referral of plans or proposals for resources projects to the commission.
The commission shall use qualified public and private agencies to make investigations
and conduct research in the field of water and related land resources, but if it is
unable to secure the undertaking of such investigations or original research by a
qualified public or private agency, it shall have the power to make its own investigations
and conduct its own research. The commission may make contracts with any public or
private agencies or private persons or entities for the undertaking of such investigations,
or original research within its purview.
ARTICLE VI
No action of the commission respecting the internal management thereof shall be binding
unless taken at a meeting at which a majority of the members are present and 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 commission
membership. No action of the commission respecting a matter other than its internal
management shall be binding unless taken at a meeting at which a majority of the state
members and a majority of the members representing the United States are present and
a majority of said state members together with a majority of said 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 and the concurrence in writing of a majority of
the members representing the United States.
ARTICLE VII
A. The commission shall submit to the governor or designated officer of each party state
a request for funds to cover estimated expenditures for such period as may be required
by the laws of that jurisdiction for presentation to the legislature thereof. Any
such request shall indicate the sum or sums which the commission has requested or
intends to request be appropriated by the United States for the use or support of
the commission during the period covered thereby.
B. With due regard for such monies and other assistance as may be made available to it,
the commission shall be provided with such funds by each of the several states participating
therein to provide the means of establishing and maintaining facilities, a staff of
personnel, and such activities as may be necessary to fulfill the powers and duties
imposed upon and entrusted to the commission.
With due allowance for monies otherwise available, each budget of the commission shall
be the responsibility of the party states, to be apportioned among them on a weighted
formula based fifty percent (50%) on population and fifty percent (50%) on gross land
area, such population and gross land area to be determined in accordance with the
last official United States census of population, but provided that the total contributions
of all of 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 to the
compact at any time the maximum annual contribution required of any state shall not
exceed its share of the fifty thousand dollars ($50,000) as determined 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 any jurisdiction. The commission may
meet any of its obligations in whole or in part with funds available to it under article
VIII(E) of this compact, provided that the commission takes specific action setting
aside such funds prior to the incurring of any obligation to be met in whole or in
part in such manner.
D. The members of the commission shall be paid by the commission their actual expenses
incurred and incident to the performance of their duties, subject to the approval
of the commission.
E. The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the commission shall be audited by a qualified public accountant
and the report of the audit shall be included in and become a part of the annual report
of the commission.
F. The accounts of the commission shall be open at any reasonable time for inspection
by such agency, representative, or representatives 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 its members, a chairperson, vice chairperson
and treasurer. The commission shall appoint an executive director who shall also act
as secretary, and together with the treasurer, shall be bonded in such amounts as
the commission may require.
C. The commission shall appoint and remove or discharge such personnel as may be necessary
for the performance of its functions irrespective of any civil service laws which
might otherwise apply. The commission shall establish and maintain, independently,
by contract or agreement with the United States or an agency thereof, or in conjunction
with any one or more of the party states, suitable retirement programs for its employees.
Employees of the commission shall be eligible for social security coverage in respect
to old age and survivors insurance provided that the commission takes such steps as
may be necessary pursuant to federal law to participate in such program of insurance
as a governmental agency or unit. The commission may establish and maintain or participate
in such additional programs of employee benefits as may be appropriate to afford employees
of the commission terms and conditions of employment similar to those enjoyed by employees
of the party states generally.
D. The commission may borrow, accept or contract for the services of personnel from any
state or the United States or any subdivision or agency thereof, from any intergovernmental
agency, or from any institution, person, firm or corporation.
E. The commission may accept for any of its purposes and functions under this compact
any and all appropriations, donations, and grants of money, equipment, supplies, materials
and services, conditional or otherwise, from any state or the United States or any
subdivision or agency thereof, or intergovernmental agency, or any institution, person,
firm or corporation, and may receive, utilize and dispose of the same.
F. The commission may establish and maintain such facilities as may be necessary for
the transacting of its business. The commission may accept, 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 the legislature and governor of
each party state, and to the president and congress of the United States, a report
covering the activities of the commission for the preceding year, and embodying such
recommendations as may have been adopted by the commission. The commission may issue
such additional reports as it may deem desirable.
ARTICLE IX
Nothing in this compact shall be construed to impair, or otherwise affect, the jurisdiction
of any interstate agency in which any party state participates nor to abridge, impair,
or otherwise affect the provisions of any compact to which any one or more of the
party states may be a party, nor to supersede, diminish, or otherwise affect any obligation
assumed under any such compact. Nor shall anything in this compact be construed to
discourage additional interstate compacts among some or all of the party states for
the management of natural resources, or the coordination of activities with respect
to a specific natural resource or any aspect of natural resource management, or for
the establishment of intergovernmental planning agencies in sub-areas of the region.
Nothing in this compact shall be construed to limit the jurisdiction or activities
of any participating government, agency, or officer thereof, or any private person
or agency.
ARTICLE X
A. This compact shall become effective when entered into and enacted into law by any
three (3) of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island and Vermont, and when the United States has provided by law for the designation
of its representation on the commission. Thereafter it shall become effective with
respect to any other aforementioned state upon its enacting this compact into law.
B. Upon consent of the congress of the United States of America, any other state in the
northeastern area may become a party to this compact, by entering into and enacting
this compact into law.
ARTICLE XI
This compact shall continue in force and remain binding upon each party state until
renounced by it. Renunciation of this compact must be preceded by sending three (3)
years' notice in writing of intention to withdraw from the compact to the governor
of each of the other states party hereto and to such officers or agencies of the United
States as may be designated by federal law.
ARTICLE XII
The provisions of this compact shall be severable and if any phrase, clause, sentence
or provision of this compact is declared to be unconstitutional, or the applicability
thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality
of the remainder of this compact and the applicability thereof to any other state,
agency, person or circumstance shall not be affected thereby. It is the legislative
intent that the provisions of this compact be reasonably and liberally construed.