PUBLIC LAW 105-104—NOV. 20, 1997
111 STAT. 2223
of the ACF Basin among the states while protecting the water
quahty, ecology and biodiversity of the ACF, 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 ACF Basin Commission, including the Federal Commissioner,
shall have full rights to notice of and participation in all meetings
of the ACF 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 ACF 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 ACF 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 ACF Basin that may
influence the water resources within the ACF 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 ACF Basin. It is
the intent of the parties to this Compact, including the United
States, to achieve compliemce 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.
"(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 ACF Basin as of the effective
date of this Compact, may continue to withdraw, divert or consume
such water resources in accordsince with the laws of the state
where such person resides or does business and in accordance
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