EP 1165-2-1
30 Jul 99
Federal-State Commissions (Appalachian Regional Commission);
Intra-State Special District (Soil and Water Conservation Districts);
Federal Regional Agency (Tennessee Valley Authority); and a Single
Federal Administrator (Colorado River):
a. Interstate Compact. This is an agreement between two or
more states whereby they obligate themselves to the terms of the
compact. Such a compact must be consented to by Congress, but does
not obligate the Federal Government to the terms and conditions of the
compact. The Federal Government often assists, through a Federal
representative, in the development of the compact and in the work of
any compact-created agency. Interstate compacts can serve a wide
range of functions, from the simple one-time allocation of the waters
of an interstate stream to the vesting of enforcement and regulatory
powers in an entity whose judgments are binding upon the member states
(for example, as to water quality). A compilation of interstate
compacts relating to water resources is contained in House Document
319, 90th Congress, "Documents on the Use and Control of the Waters of
Interstate and International Streams".
b. Federal-Interstate Compact. The most significant difference
between this agreement and the interstate compact is that the United
States is a signatory party. Except as stated in the compact, the
exercise of Federal powers is subjected to the terms and conditions of
the compact and the authority of any compact created agency. The
compact form must, as with the interstate compact, be consented to by
the Congress. The Federal-Interstate compacts have been used to
implement, in a single basin authority, the full range of managerial
planning, construction, and operation and maintenance functions. The
first of two such compacts, the Delaware River Basin Compact, is
administered by the Delaware River Basin Commission. The second is
the Susquehanna River Basin Compact administered by the Susquehanna
River Basin Commission. In granting consent to the compacts, Congress
attached reservations to prevent impairment of the future exercise of
Federal power and to avoid limitations on congressional power to pass
laws inconsistent with the compact.
c. River Basin Commissions (Title II). River basin commissions
may be established by the President pursuant to Title II of the Water
Resources Planning Act of 1965. WRC and not less than one-half of the
states within which the subject basin lies must concur. Members of a
commission include representatives of interested Federal agencies and
the affected states. The commissions may conduct planning and
coordinating activities, which may include preparing and keeping
up-to-date a comprehensive plan for water and related land resources
development within the basin; recommending priorities for data
collection, planning, and construction of projects; and submission to
WRC of recommendations for implementing the plan. They would not have
authority to construct or operate projects. There currently are no
Title II river basin commissions (six such commissions at one time
created under Title II have been terminated).
4-4.
Management and Administrative Controls.
a. Guidance and Controls. The goal of HQUSACE management
efforts is to assure timely completion of quality studies and projects
and otherwise accomplish continuing operations, maintenance and
regulatory responsibilities assigned to the Corps, as most needed to
satisfy existing public concerns and future needs. Management is
founded on issuance, for the uniform observance by all internal Corps
offices, of guidance on all aspects of Corps activities in the form of
Engineer Regulations (ERs), Engineer Manuals (EMs), Engineer Circulars
4-8
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