This is the accessible text file for GAO report number GAO-07-519 
entitled 'Interstate Compacts: An Overview of the Structure and 
Governance of Environment and Natural Resource Compacts' which was 
released on May 3, 2007. 

This text file was formatted by the U.S. Government Accountability 
Office (GAO) to be accessible to users with visual impairments, as part 
of a longer term project to improve GAO products' accessibility. Every 
attempt has been made to maintain the structural and data integrity of 
the original printed product. Accessibility features, such as text 
descriptions of tables, consecutively numbered footnotes placed at the 
end of the file, and the text of agency comment letters, are provided 
but may not exactly duplicate the presentation or format of the printed 
version. The portable document format (PDF) file is an exact electronic 
replica of the printed version. We welcome your feedback. Please E-mail 
your comments regarding the contents or accessibility features of this 
document to Webmaster@gao.gov. 

This is a work of the U.S. government and is not subject to copyright 
protection in the United States. It may be reproduced and distributed 
in its entirety without further permission from GAO. Because this work 
may contain copyrighted images or other material, permission from the 
copyright holder may be necessary if you wish to reproduce this 
material separately. 

Report to Congressional Requesters: 

United States Government Accountability Office: 

GAO: 

April 2007: 

Interstate Compacts: 

An Overview of the Structure and Governance of Environment and Natural 
Resource Compacts: 

GAO-07-519: 

GAO Highlights: 

Highlights of GAO-07-519, a report to congressional requesters 

Why GAO Did This Study: 

Interstate compacts are legal agreements between states that are 
designed to resolve concerns that transcend state lines, such as 
allocating interstate waters. While some compacts assign their 
administration to existing state agencies, compacts requiring greater 
coordination among states may establish an interstate agency, typically 
called a commission, to administer their provisions. 

Congress must give its consent to compacts that affect the balance of 
power between the states and the federal government. An example of a 
congressionally approved environment and natural resource compact is 
the Tahoe Regional Planning Compact, which created the Tahoe Regional 
Planning Agency (TRPA) to administer its provisions. For such compacts, 
GAO determined (1) the organizational structures, powers and 
authorities, and dispute resolution and public accountability 
mechanisms; (2) the extent to which concerns have been raised about the 
structure and governance of compacts that have commissions; and (3) how 
the structure and governance of TRPA compares to those of other similar 
compact commissions. 

GAO reviewed 59 congressionally approved compacts and surveyed those 45 
that had commissions. To view selected results from GAO's survey of 
interstate compact commission officials, go to Hyperlink, 
http://www.gao.gov/cgi-bin/getrpt?GAO-07-524SP. 

What GAO Found: 

Forty-six of the 59 congressionally approved environment and natural 
resource compacts that GAO reviewed had established interstate 
commissions to administer the compact, while the remainder relied on 
existing state agencies. The 46 compacts with commissions varied in 
their organizational structure, powers and authorities, and means of 
resolving disputes, but were similar in how they ensured public 
accountability. For example, commission size ranged from 2 to 48 
members, and some commissions had regulatory authority, while others 
had only advisory authority. Twenty-six percent of the compacts had 
provisions for resolving disputes. However, about 36 percent of the 
commissions responding to GAO’s survey reported that they had used 
means other than litigation to resolve disputes. Significantly more, 
about 94 percent, of the commissions reported having procedures for 
ensuring public accountability, such as holding public meetings and 
allowing public input. For the 13 compacts that did not have 
commissions, GAO found variations in their powers and authorities, and 
few of these compacts provided mechanisms for dispute resolution or 
public accountability. 

Interstate compact commissions reported that significant concerns about 
their structure and governance have rarely been raised. When concerns 
did arise about organizational structure and public accountability, 
they varied from commission to commission. However, concerns about 
regulatory authority largely centered on the scope of the commission’s 
authority. In addition, a number of compact officials believed that 
concerns about commission structure and governance often reflected 
disagreements with specific commission actions rather than actual 
concerns about the organizational structure, public accountability, or 
regulatory authority of the commission itself. 

The Tahoe Regional Planning Agency is generally similar in 
organizational structure and governance to three other interstate 
compact commissions with comparable functions—the Columbia River Gorge, 
Delaware River Basin, and Susquehanna River Basin Commissions. All four 
commissions consist of appointed representatives, although their size 
and composition vary; they all have an administrative appeals process 
to resolve disputes, and they use similar accountability mechanisms. A 
major difference between the Tahoe Regional Planning Agency and the 
other commissions relates to the breadth of its authority regarding 
land use issues. This authority extends to water, air, and other 
natural resources, as well as public health and safety, whereas the 
Columbia River Gorge Commission has more limited land use authority, 
and the Delaware and Susquehanna River Basin Commissions have no land 
use authority. 

[Hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-519]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Anu Mittal at (202) 512-
9846 or mittala@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Most Environment and Natural Resource Compacts Are Administered by 
Commissions: 

Significant Concerns about Compact Commissions' Structure and 
Governance Have Not Been Frequently Raised: 

While the Structure and Governance of TRPA Are Generally Similar to 
Those of Other Compact Commissions, Its Regulatory Authority Is 
Broader: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Descriptions of Interstate Compacts Included in Our 
Review: 

Appendix III: Descriptions of TRPA and Three Selected Compact 
Commissions: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Environment and Natural Resource Compacts, by Subject Matter: 

Table 2: Comparison of Commission Management Plan Issues: 

Table 3: Summary of the Composition of TRPA and Three Other Compact 
Commissions: 

Table 4: Congressionally Approved Environment and Natural Resource 
Compacts: 

Figures: 

Figure 1: Frequency of Concerns regarding Organizational Structure: 

Figure 2: Frequency of Concerns regarding Public Accountability: 

Figure 3: Frequency of Concerns regarding Regulatory Authority: 

Figure 4: Map of the United States Showing the Jurisdictions of TRPA 
and the CRGC: 

Figure 5: Map of the United States Showing the Jurisdictions of the 
DRBC and the SRBC: 

Figure 6: Map and Photographs of the Lake Tahoe Region: 

Figure 7: Map and Photographs of the Columbia River Gorge National 
Scenic Area: 

Figure 8: Map and Photographs of the Delaware River Basin: 

Figure 9: Map and Photographs of the Susquehanna River Basin: 

Abbreviations: 

CRGC: Columbia River Gorge Commission: 
DRBC: Delaware River Basin Commission: 
FTE: full-time equivalent: 
SRBC: Susquehanna River Basin Commission: 
TRPA: Tahoe Regional Planning Agency: 

United States Government Accountability Office: 
Washington, DC 20548: 

April 3, 2007: 

The Honorable Don Young: 
Ranking Minority Member: 
Committee on Natural Resources: 
House of Representatives: 

The Honorable John T. Doolittle: 
House of Representatives: 

Interstate compacts are legal agreements between two or more states 
that are designed to resolve problems or concerns that transcend state 
lines. Such compacts enable states to act jointly and collectively to 
devise solutions for matters that are beyond the authority of an 
individual state but which are not within the immediate purview of the 
federal government or easily resolved through a purely federal 
response. Prior to the twentieth century, interstate compacts were used 
almost exclusively to settle state boundary disputes. In more recent 
times, their use has expanded to include such diverse purposes as 
allocating interstate waters, developing regional transportation 
systems, and enhancing law enforcement. More than 200 interstate 
compacts exist today, according to the Council of State Governments. At 
least 76 of these compacts are designed to address environment and 
natural resource management issues such as conservation and environment 
(fisheries, forest fire protection, and water pollution control), 
energy (low-level radioactive waste), planning and development (land 
use planning for environment and natural resource protection), and 
water resource management (water apportionment and flood control). 

To form a compact, two or more states typically negotiate an agreement, 
and then each state legislature enacts a law that is identical to the 
agreement reached. Once all states specified in the compact have 
enacted such laws, the compact is formed. In some cases, if a compact 
affects the balance of power between the states and the federal 
government or affects a power constitutionally delegated to the federal 
government, it must also obtain congressional consent. In consenting to 
a compact, Congress may add certain conditions, such as specifying that 
compact disputes be resolved in federal courts. Otherwise, the 
compact's subject matter and substance are largely left to the 
discretion of the negotiating parties. 

When negotiating a compact, the states typically establish a framework 
for administering and implementing the compact's provisions. The 
framework varies widely and depends largely on the subject matter, 
scope, and complexity of the compact agreement. In some cases, the 
compact does little more than prescribe certain conditions with which 
the member states must comply or require the states to cooperate in 
furthering the purposes of the compact. In such cases, the states often 
assign the compact's administration and implementation to existing 
agencies or officials within the member states. By doing so, the states 
can coordinate their resources to avoid duplicating efforts or costs, 
take advantage of economies of scale, and promote more effective 
management of issues common to the member states. For example, some 
interstate water allocation compacts that distribute fixed quantities 
of water to each of the member states--such as the Snake River Compact-
-assign administrative responsibility to the official in each state who 
is in charge of managing the public water supply. 

In contrast, some compacts involve more complex interstate matters that 
require greater coordination among states, such as the disposal of low- 
level radioactive waste. In such cases, states are more likely to 
delegate authority to an interstate agency--typically called a 
commission--that is created to administer and implement the compact's 
provisions.[Footnote 1] The nature of each commission's authority 
varies and can range from advising states on interstate problems to 
regulating activities of mutual concern. In general, compact 
commissions consist of representatives of the member states, typically 
called commissioners. The commissioners are usually appointed by 
elected officials or serve by virtue of their elected position, such as 
governor, or their role as a federal, state, or local government 
official. For example, to administer the provisions of the Tahoe 
Regional Planning Compact, the states of California and Nevada created 
the Tahoe Regional Planning Agency (TRPA), which includes 
representatives from the two states and the federal government. Many 
compact commissions are funded, in whole or in part, by the member 
states. Although the federal government may provide grants or 
participate in some compact programs, compact commissions generally 
operate independently of the federal government. Since interstate 
compact commissions are neither federal in nature nor state in scope, 
they occupy what some have referred to as a "third tier" of government. 

Because of your interest in congressionally approved interstate 
compacts[Footnote 2] that address environment and natural resource 
issues and, in particular, the Tahoe Regional Planning Compact, this 
report describes (1) the approaches used to administer congressionally 
approved environment and natural resource compacts, including their 
organizational structure, powers and authorities, and mechanisms for 
resolving disputes and providing public accountability; (2) the extent 
to which concerns have been raised regarding the structure and 
governance of those compacts, like the Tahoe Regional Planning Compact, 
that have commissions; and (3) specifically, how the structure and 
governance of TRPA compares to those of other similar compact 
commissions. 

To conduct this review, we identified and reviewed 59 congressionally 
approved interstate compacts that address environment and natural 
resource management issues, interviewed compact experts and officials, 
and surveyed compact commission officials on the approaches used to 
structure and govern their compacts and the extent to which concerns 
have been raised regarding these approaches. We surveyed officials from 
only 45 of the 46 compacts that established commissions, because 1 
commission was not yet operational at the time of our review. We 
received responses from 36 of the 45 compact commissions we surveyed, 
for a response rate of 80 percent. In addition, using the survey 
results, we identified 3 compact commissions that have functions 
similar to those of TRPA: the Columbia River Gorge Commission, the 
Delaware River Basin Commission, and the Susquehanna River Basin 
Commission. To compare TRPA to these three commissions, we interviewed 
commission staff in Stateline, Nevada; White Salmon, Washington; West 
Trenton, New Jersey; and Harrisburg, Pennsylvania. In addition, we 
reviewed commission documents and activities, and interviewed compact 
stakeholders, including commission members; federal, state, and local 
government officials; environmentalists; and members of the business 
community, among others. See appendix I for additional details on our 
scope and methodology and appendix II for additional details on the 59 
congressionally approved environment and natural compacts we reviewed. 
A more complete summary of the results of our survey of compact 
commission officials can be viewed on our Web site at www.gao.gov in an 
electronic supplement that we are issuing concurrent with this report-
-GAO-07-524SP. We conducted our review from April 2006 through March 
2007 in accordance with generally accepted government auditing 
standards. 

Results in Brief: 

Most congressionally approved interstate compacts that address 
environment and natural resource issues have established commissions to 
administer the compact's provisions. Of the 59 compacts that we 
reviewed, 46 established interstate commissions, while the remaining 13 
were administered by existing agencies or officials in the member 
states. Among the 46 compacts with commissions, we found variations in 
organizational structure, powers and authorities, and provisions for 
resolving disputes, but several similarities in how they provided for 
public accountability. For example, the number of commissioners ranged 
from 2 to 48, and some commissions included a representative of the 
federal government, while others did not. Additionally, some 
commissions had regulatory authority, while others were limited to more 
of an advisory role. For example, the Ohio River Valley Water 
Sanitation Commission has regulatory authority to set water pollution 
control standards for the Ohio River, while the Gulf States Marine 
Fisheries Commission is limited to making recommendations to help 
member states promote the conservation, development, and utilization of 
fishery resources in the Gulf of Mexico. With regard to dispute 
resolution, although only 26 percent of the compacts with commissions 
specified ways to resolve disputes other than litigation, 36 percent of 
them had used processes such as arbitration, mediation, administrative 
appeals, and negotiations to resolve disputes. Compact commissions 
generally used similar means of providing public accountability. For 
example, almost all of the commissions had procedures in place, such as 
giving the public access to commission documents, holding public 
meetings, and allowing public input, to ensure public accountability, 
even when not required by their compact. For the 13 compacts that do 
not establish commissions, we found that their powers and authorities 
also varied. Eight of these compacts had authorized member states to 
develop regulations jointly to further the compact's objectives, while 
five required member states only to coordinate resources to meet the 
compact's goals. Compacts without commissions did not typically contain 
provisions addressing dispute resolution or public accountability, but 
their administering agencies or officials are subject to state 
requirements and procedures. Only 3 of the 13 compacts without 
commissions specified methods for resolving disputes, and one specified 
mechanisms for providing public accountability. 

Significant concerns about the structure and governance of interstate 
compact commissions have not been frequently raised. Specifically, less 
than half of the compact commissions that responded to our survey 
reported that concerns had been raised infrequently about the 
organizational structure and public accountability of their 
commissions, and about two-thirds of the commissions with authority to 
issue regulations reported that concerns had been infrequently raised 
about their regulatory authority. Concerns regarding organizational 
structure varied by commission and ranged from issues such as who 
should be represented on the commission to whether commissioners should 
be elected or appointed. Concerns regarding public accountability also 
varied, from issues such as whether the commission had adequate 
oversight to whether the commission was sufficiently independent of its 
member states. Concerns about the commissions' regulatory authority 
have generally focused on the extent of the commission's power, and 
were more frequently raised when the issues being addressed by the 
compact were highly controversial. Moreover, a number of compact 
officials believe that the concerns raised about the commission's 
structure and governance often reflected disagreements with specific 
commission actions or decisions, rather than general concerns about the 
commission's organizational structure, public accountability, or 
regulatory authority. 

TRPA's organizational structure and governance are generally similar to 
those of other interstate compact commissions with similar functions, 
but TRPA has greater land use planning authority. Specifically, we 
identified three interstate compact commissions that perform similar 
functions to TRPA--the Columbia River Gorge, Delaware River Basin, and 
Susquehanna River Basin Commissions. These commissions are similar to 
TRPA in that they have the authority to issue regulations and they have 
developed comprehensive management plans that address at least six of 
the following issues: land use, transportation, conservation, 
recreation, public services and facilities, water pollution, flood 
control, and waste disposal. TRPA and the three other commissions have 
similar organizational structures, with each having appointed 
representatives, a staff, and advisory committees. However, the 
commissions differ in size, interests represented, and the role of the 
federal representative. As for governance, all four commissions 
generally use similar means, such as an administrative appeals process, 
to resolve disputes that may arise with those they regulate. In 
addition, all four commissions also use similar public accountability 
mechanisms, such as undergoing an annual financial audit, regularly 
reporting their activities to member states, and holding public 
meetings where the public can provide input. A major distinction 
between TRPA and the three other compact commissions is that TRPA has 
broad land use authority that extends to water, air, and other natural 
resources, as well as public health and safety, while the Columbia 
River Gorge Commission only regulates land use when it affects 
cultural, natural, recreational, or scenic resources, and decisions 
made by the Delaware River Basin and Susquehanna River Basin 
Commissions only indirectly affect land use. 

Background: 

Interstate compacts are legal agreements between states that bind 
member states to their provisions in the same manner as contracts 
entered into by individuals or corporations. Traditionally, compacts 
were negotiated by special joint commissions appointed by the state 
governors. Increasingly, however, compacts have been formulated by 
interested groups of state officials or other stakeholders and then 
recommended to the state legislatures. In either case, each state 
legislature accepts the compact by enacting a law that adopts the terms 
of the agreement. When the required number of states have enacted such 
a law, the compact is formed. 

In cases where the compact affects the balance of power between the 
federal government and the states, the states must obtain the consent 
of Congress for the compact to be valid. Congress generally gives its 
consent in one of three ways: (1) after the fact, by passing 
legislation that specifically recognizes and consents to the compact as 
enacted by the states; (2) in advance, by passing legislation 
encouraging states to enter into a specified compact or compacts for 
specified purposes; or (3) implied after the fact, when actions by the 
states and the federal government indicate that Congress has granted 
its consent even in the absence of a specific legislative act. In 
addition, Congress may impose conditions as part of granting its 
consent, and it typically reserves the right to alter, amend, or repeal 
its consent. Any proposed amendment to a compact must follow the 
compact approval process, unless the compact specifies otherwise. 

The use of interstate compacts has changed over time in terms of 
number, subject matter, and scope. Of the 32 compacts enacted between 
1789 and 1920, most resolved boundary disputes between 2 neighboring 
states. As the twentieth century progressed, states increasingly used 
interstate compacts to address complex problems that were not confined 
to their borders, such as apportioning interstate waters, supervising 
out-of-state offenders under community supervision, and constructing 
and administering bridges and shared port facilities. According to the 
Council of State Governments, more than 200 interstate compacts exist 
nationwide, with each state belonging to an average of 25 compacts. 
Along with the increasing numbers and subjects covered, interstate 
compacts have also expanded their range of coverage from 2 states to as 
many as 50 and may also include the District of Columbia, Puerto Rico, 
U.S. territories, and Canadian provinces as signatories. 

Over one-third of the compacts that exist today deal with environment 
and natural resource issues. Although a large number of these compacts 
deal with water allocation, they address other subjects as well. 

Table 1: Environment and Natural Resource Compacts, by Subject Matter: 

Subject matter: Water apportionment; 
Number: 22; 
Number with congressional approval: 22. 

Subject matter: Water resources and flood control; 
Number: 12; 
Number with congressional approval: 9. 

Subject matter: Low-level radioactive waste disposal; 
Number: 12; 
Number with congressional approval: 10. 

Subject matter: Water pollution control; 
Number: 7; 
Number with congressional approval: 4. 

Subject matter: Fisheries conservation; 
Number: 6; 
Number with congressional approval: 6. 

Subject matter: Forest fire protection; 
Number: 6; 
Number with congressional approval: 4. 

Subject matter: Conservation and environment (other than water 
pollution control, fisheries conservation, and forest fire protection); 
Number: 5; 
Number with congressional approval: 1. 

Subject matter: Energy (other than low-level radioactive waste 
disposal); 
Number: 4; 
Number with congressional approval: 2. 

Subject matter: Planning and development (land use planning involving 
environment and natural resource protection); 
Number: 2; 
Number with congressional approval: 1. 

Subject matter: Total; 
Number: 76; 
Number with congressional approval: 59. 

Source: GAO analysis of Council of State Governments' data. 

[End of table] 

In addition to addressing a variety of subjects, the scope of these 
environment and natural resource compacts ranges from 2 to as many as 
30 states, and includes, in some cases, the District of Columbia, 
Canadian provinces, or the United States as signatories. As table 1 
shows, about three-fourths of these compacts have received 
congressional approval. 

Prior to the 1920s, existing agencies and officials within compact 
states routinely administered interstate compacts. However, as states 
began to jointly tackle issues of greater complexity and broader 
geographic scope, the use of interstate commissions gained popularity. 
The majority of the compacts enacted since 1970 have established 
interstate commissions. These commissions consist of appointed 
representatives of each compacting state, called commissioners, who are 
responsible for administering the compact's provisions. Additionally, 
commissions may employ technical and other staff to assist in the 
compact's administration. In some cases, commissions will hire an 
executive director who is responsible for administering the 
commission's daily operations in accordance with the commission's 
direction and policies. In addition, commissions may have advisory 
committees that study issues and make recommendations to the 
commissioners. These committees may be permanent or temporary in 
nature, depending on need. 

Most Environment and Natural Resource Compacts Are Administered by 
Commissions: 

Of the 59 interstate compacts we reviewed, 46 established commissions 
to administer the compact's provisions, while the remaining 13 were 
administered by existing agencies or officials in the member states. 
Among the compacts with commissions, we found variations in 
organizational structure, powers and authorities, and provisions for 
resolving disputes, but similarities in how the compacts provided for 
public accountability. The 13 compacts without commissions also varied 
in powers and authorities. In addition, they generally did not contain 
provisions for alternative dispute resolution or public accountability, 
but their administering agencies or officials are subject to state 
requirements and procedures. 

Organizational Structure and Governance Generally Varied among Compacts 
Administered by Commissions: 

The 46 compacts with commissions that we reviewed varied in 
organizational structure, such as the number of commissioners and 
staff; powers and authorities, including whether the compact granted 
advisory or regulatory authority; and the dispute resolution mechanisms 
provided as alternatives to litigation.[Footnote 3] However, the 
compacts shared similarities in their approaches for providing public 
accountability. 

Organizational Structure: 

The 46 compacts with commissions that we reviewed generally varied in 
organizational structure, including the composition and size of the 
commission, use of administrative staff, and use of advisory 
committees. 

Commission composition. The commissions established by the 46 compacts 
we reviewed varied in size and interests represented. In all cases, the 
commissioners were appointed to serve--generally by elected officials 
or by virtue of their state office, such as governor or head of a state 
natural resources department. However, the number of commissioners 
ranged from 2 to 48, with each state generally having an equal number 
of commissioners. For example, the Rocky Mountain Low-Level Radioactive 
Waste Compact required that each of its three member states appoint one 
representative to the commission, while the New England Interstate 
Water Pollution Control Compact required that each of its seven member 
states appoint 5 commissioners. Depending on the compact, there were as 
few as 1 and as many as 7 commissioners from each state. Of the 46 
compacts, 15 explicitly required member states to appoint commissioners 
to represent additional interests. For example, 11 compacts provided 
for local representation, 4 required the appointment of a knowledgeable 
citizen from each state, and 1 required the appointment of an industry 
representative from each state. In addition, 18 of the 46 compacts, 
such as the Connecticut River Valley Flood Control Compact, specified 
the number of commissioners from each state, but left it to each state 
to decide how to choose its commissioners. 

Of the 46 compacts with commissions that we reviewed, 21 provided for a 
federal representative on the commission. For 16 of these compacts, the 
President appointed the federal representative; the other 5 compacts 
named an official of a specified federal agency, such as the Director 
of the U.S. Geological Survey. While nearly half of the compacts with 
commissions had federal representation, only 4 of these compacts--the 
Connecticut River Atlantic Salmon, the Delaware River Basin, the 
Susquehanna River Basin, and the Upper Colorado River Basin Compacts-- 
explicitly gave the federal representative the power to vote on 
commission decisions or actions. 

Staff. Compacts also varied in their provisions for staff to conduct 
day-to-day operations and provide technical assistance to the 
commissions. Only 8 of the 46 compacts explicitly required that their 
commissions hire staff, an additional 34 compacts left it to the 
commissions' discretion to hire staff, and 4 compacts made no 
provisions for staff. In practice, we found that 67 percent of the 
commissions that responded to our survey reported having an 
administrative staff. Among these commissions, the number of full-time 
equivalent staff ranged from 1 to 85. 

Advisory committees. The way compacts provided for committees to advise 
the commission varied. Only 4 of the 46 compacts we reviewed expressly 
required their commissions to establish an advisory committee, while 
another 13 expressly authorized them. For example, the Pacific States 
Marine Fisheries Compact required that its commission establish a 
permanent advisory committee to represent the interests of the 
commercial fishing industry on an ongoing basis, as well as short-term 
advisory committees to draft position papers on a specific commission 
issue, such as ecosystem management. In practice, however, about 75 
percent of the commissions responding to our survey reported having at 
least one advisory committee, and about 56 percent of these commissions 
reported that members of the public served on at least one of their 
advisory committees. 

Powers and Authorities: 

The powers and authorities granted to the compact commissions also 
varied. In some cases, the commission only had advisory authority. For 
example, the Gulf States Marine Fisheries Commission makes 
recommendations to its member states on the conservation, development, 
and utilization of fishery resources in the Gulf of Mexico, but it does 
not have the authority to implement its recommendations. In other 
cases, the compacts explicitly granted commissions the authority to 
issue regulations. For example, the Ohio River Valley Water Sanitation 
Commission has the authority to set water pollution control standards 
for the Ohio River. We also found cases where the commissions had both 
advisory and regulatory authority. For example, the Delaware River 
Basin Commission studies and advises states on approaches to water 
management, but also regulates water quality and water supply. In some 
cases, we had difficulty determining from a compact's language whether 
the commission was advisory or regulatory in nature. However, over 55 
percent of the commissions that responded to our survey reported that 
they had the authority to issue regulations, with 95 percent of these 
commissions reporting that they have sufficient authority to enforce 
the regulations they issue. 

Dispute Resolution: 

The 46 compacts with commissions that we reviewed also differed in 
their provisions for resolving disputes among the compact states or 
between the commission and those it regulates. While compact disputes 
generally can be brought before a court for review, litigation can be 
expensive. Possible alternatives to litigation include the following: 

* Arbitration--a process by which the parties refer a dispute to an 
agreed-upon, independent third party for resolution. 

* Mediation--a process by which a neutral person facilitates discussion 
between the disputing parties to help them reach agreement. 

* Administrative appeals--a process by which an action of the 
commission can be appealed to the commission itself. 

* Negotiation--a process by which the parties attempt to reach 
agreement through discussion and compromise. 

Only 12 of the 46 compacts with commissions that we reviewed (26 
percent) specified alternative approaches for resolving disputes. Of 
these compacts, 9 made provisions for the use of arbitration, 2 
provided for negotiations, and 1 called for mediation. For example, the 
Klamath River Basin Compact--which manages water resources for 
irrigation, fish and wildlife protection, and domestic and industrial 
use, among other things--required that if the commission's two voting 
members failed to agree on any matter before the commission, the 
commission must refer the matter to an independent third party for 
resolution. However, while 12 compacts expressly mentioned the use of 
arbitration, mediation, administrative appeals, or negotiation for 
resolving disputes, 36 percent of our survey respondents reported that 
they have used one or more of these dispute resolution mechanisms. 
Among these respondents, 7 had used mediation, 5 had used an 
administrative appeals process, 5 had used negotiations, and 1 had used 
arbitration. 

Public Accountability: 

While compact commissions varied with respect to organizational 
structure, powers and authorities, and methods for resolving disputes, 
they generally used similar approaches to provide accountability to the 
public, even when not required by their compact. For example, while 
only 18 of the 46 compacts expressly required that commission documents 
be made available to the public, all of the commissions that responded 
to our survey reported that they have given the public access to 
commission meeting minutes, and 94 percent reported that they also make 
available to the public documents used in preparation for commission 
meetings. Further, 94 percent of the survey respondents reported that 
they had established procedures--such as holding public meetings and 
allowing public input--to ensure public accountability. In addition, 78 
percent of the commissions reported that they have conducted some form 
of public outreach. These commissions used various outreach approaches, 
such as meeting with stakeholders to discuss their needs and concerns, 
operating a commission Web site, distributing newsletters and press 
releases, holding symposiums, producing public service announcements, 
and making educational presentations to schoolchildren. 

In addition, 6 of the 46 compacts that established commissions 
explicitly required representatives from the public to sit on advisory 
committees. However, according to our survey responses, at least an 
additional 9 commissions have allowed representatives from the general 
public to serve on advisory committees, although they were not required 
to do so.[Footnote 4] 

Financial reporting by the compact commissions was frequently practiced 
as a means of providing accountability to both the public and member 
states. Among the 46 compacts administered by commissions, 25 required 
that the commission undergo an annual financial audit. Of the 
commissions responding to our survey, 86 percent reported undergoing 
financial audits. Of the commissions that undergo financial audits, 90 
percent told us that they undergo annual financial audits, with the 
rest undergoing financial audits somewhat less frequently. All of the 
commissions that undergo financial audits told us that they reported 
their audit results to the member states, and 71 percent of these 
commissions made their audits available to the public. 

Compacts without Commissions Varied in Their Powers and Authorities: 

The 13 compacts administered by existing agencies or officials also had 
varied powers and authorities. Compacts administered by state agencies 
or officials contained few provisions for dispute resolution and 
accountability. However, these agencies and officials are required to 
follow state requirements. 

Powers and Authorities: 

Eight of the 13 compacts administered by existing agencies or officials 
authorized member states to jointly develop regulations for achieving 
compact objectives, while 5 required member states only to coordinate 
resources to meet compact goals. In general, the 8 regulatory compacts 
required that the member states mutually consent to any regulations 
issued under the compact. For example, the Columbia River Compact 
mandated that laws and regulations for protecting fish in the Columbia 
River be created or amended only with the mutual consent of both 
states. The 5 compacts that called for coordination among member states 
typically called for either sharing expenses among the member states or 
joint oversight of the compact's subject matter. For example, the 
Middle Atlantic Interstate Forest Fire Protection Compact requires 
member states to help each other in combating, controlling, or 
preventing forest fires. 

Dispute Resolution: 

Only 3 of the 13 compacts administered by existing agencies or 
officials specified methods for resolving disputes. However, the state 
agencies and officials that administer these compacts are already 
subject to state dispute resolution requirements or procedures. One of 
the 3 compacts that specified methods for resolving disputes is the 
Colorado River Compact--a highly controversial water allocation 
compact--that gives the governors of the member states the authority to 
appoint individuals to consider and resolve certain conflicts that 
arise between member states regarding a compact issue. Similarly, the 
New Hampshire-Vermont Interstate Sewage and Waste Disposal Facilities 
Compact and the New Hampshire-Vermont Interstate Public Water Supply 
Compact, which authorize municipalities to enter into agreements to 
establish joint waste facilities and public water supplies, 
respectively, require that these agreements include provisions for 
arbitration and dispute resolution. 

Public Accountability: 

Of the 13 compacts administered by existing agencies or officials, only 
1 contained any provision relating to public accountability. However, 
as with dispute resolution, the state agencies or officials that 
administer these compacts are already subject to state requirements for 
providing public accountability. The Jennings Randolph Lake Project 
Compact, which provides for Maryland and West Virginia to jointly 
manage the natural resources of Jennings Randolph Lake, is the only 
compact administered by existing agencies that includes provisions for 
accountability. It called for the states to encourage the dissemination 
of "joint publications, press releases, or other public information." 

Significant Concerns about Compact Commissions' Structure and 
Governance Have Not Been Frequently Raised: 

Interstate compact commissions reported that significant concerns about 
their structure and governance have rarely been raised. While almost 
two-thirds of the 36 commissions responding to our survey reported that 
significant concerns have been raised at least once about their 
commission's organizational structure, public accountability, or 
regulatory authority, none of the commissions reported that these 
concerns have been raised frequently. Moreover, a number of officials 
responding to our survey believed that these concerns often reflected 
disagreements with specific commission actions rather than general 
concerns about organizational structure, public accountability, or 
regulatory authority. 

Concerns about Organizational Structure: 

Survey respondents reported that concerns about organizational 
structure have been raised infrequently. As shown in figure 1, less 
than half of the 36 compact commissions responding to our survey 
reported that significant concerns have been raised about their 
commission's structure or composition--with 13 commissions reporting 
such concerns as seldom and 4 reporting such concerns as occasional. We 
found no consistent theme among the concerns identified. Examples of 
concerns included whether the appropriate interests were represented on 
the commission, whether the balance of state and local interests on the 
commission was fair, where the commission should be located, and how 
many votes each state should have. Regarding concerns about the method 
of selecting commissioners, less than one-third of the 36 commissions 
reported that such concerns had been raised at all--with 7 reporting 
such concerns as seldom and 3 as occasional (see fig. 1). When concerns 
were identified, they also varied by commission and included, for 
example, whether commissioners should be directly elected to the 
commission and whether commission appointments were too political. 

Figure 1: Frequency of Concerns regarding Organizational Structure: 

[See PDF for image] 

Source: GAO. 

Note: Totals may not equal 100 percent because of rounding. 

[End of figure] 

Concerns about Public Accountability: 

Survey respondents also reported that concerns about public 
accountability have been raised infrequently. As shown in figure 2, 
less than half of the 36 compact commissions responding to our survey 
reported that significant concerns have been raised about their 
commission's public accountability--with 14 respondents reporting such 
concerns as seldom and 2 reporting such concerns as occasional. Again, 
there was no consistent theme among the concerns identified. For 
example, 1 commission reported that a concern had been raised about 
whether the commission had adequate oversight, while another commission 
reported that concerns had been raised about whether the commission was 
sufficiently independent of its member states. Some concerns about 
public accountability have resulted in lawsuits. For example, the 
Susquehanna River Basin Commission was sued in 2006 for allegedly 
failing to provide adequate notice of public hearings on proposed 
changes to its water regulations.[Footnote 5] 

Figure 2: Frequency of Concerns regarding Public Accountability: 

[See PDF for image] 

Source: GAO. 

Note: The total does not equal 100 percent because of rounding. 

[End of figure] 

Concerns about Regulatory Authority: 

Twenty of the 36 compact commissions responding to our survey reported 
that they have the authority to issue regulations. As shown in figure 
3, over two-thirds of these commissions reported that significant 
concerns about their current regulatory authority have been raised 
infrequently--with 9 reporting such concerns as seldom and 5 as 
occasional. Although the specific concerns varied from commission to 
commission, the concerns often involved the scope of the commission's 
authority. For example, 1 commission reported that concerns had been 
raised about whether it had the authority to regulate certain types of 
water rights, while another commission reported that concerns had been 
raised about whether it had too much regulatory authority. Commissions 
have also been sued over the scope of their authority. For example, a 
group of landowners unsuccessfully sued the Columbia River Gorge 
Commission and the Secretary of Agriculture on a number of grounds, 
including that the commission's decision to deny the landowners' 
applications to develop their properties resulted in an illegal taking 
of private property under the U.S. Constitution.[Footnote 6] Notably, 
survey responses indicated that concerns about regulatory authority 
were more frequently raised in cases where the compact had addressed 
highly controversial issues. 

Figure 3: Frequency of Concerns regarding Regulatory Authority: 

[See PDF for image] 

Source: GAO. 

Note: The total number of responses equals 20, because only 20 of the 
36 commissions responding to our survey reported that they had the 
authority to issue regulations. 

[End of figure] 

Concerns Have Reflected Disagreement with Commission Actions or 
Decisions: 

A number of commission officials told us they believed that when 
concerns have been raised about a commission's structure and 
governance, they often reflected underlying disagreements with specific 
commission decisions or actions. Officials repeatedly reported that 
some of the concerns about organizational structure, public 
accountability, and regulatory authority were raised only when an 
individual objected to a specific commission decision or action. For 
example, an official from one commission believed that a concern raised 
about the commission's accountability to the public actually reflected 
an individual's anger over a particular commission decision, while an 
official from another commission stated that concerns about the methods 
used to select commissioners have been raised only when someone 
dislikes a particular regulation issued by the commission. Similarly, 
an official from a third commission stated that people have raised 
concerns about the commission's organizational structure and authority 
when they simply disliked the commission's actions and that such 
concerns arise as the commission deals with controversial or high- 
visibility issues. 

While the Structure and Governance of TRPA Are Generally Similar to 
Those of Other Compact Commissions, Its Regulatory Authority Is 
Broader: 

TRPA's organizational structure and governance are generally similar to 
those of three other interstate compact commissions with similar 
functions--the Columbia River Gorge, Delaware River Basin, and 
Susquehanna River Basin Commissions. However, TRPA has greater 
regulatory responsibility and more extensive land use planning 
authority than these commissions. 

Three Interstate Compact Commissions Perform Similar Functions to TRPA: 

We identified three interstate compact commissions that perform similar 
functions to TRPA, including the Columbia River Gorge Commission 
(CRGC), the Delaware River Basin Commission (DRBC), and the Susquehanna 
River Basin Commission (SRBC). TRPA is responsible for developing and 
implementing an environmental and land use plan to preserve the natural 
quality of the Lake Tahoe region (see fig. 4). The CRGC is responsible 
for developing and adopting a management plan that regulates, through 
land use ordinances, the development and use of various categories of 
land within the Columbia River Gorge National Scenic Area (see fig. 4). 
Both the DRBC and the SRBC are responsible for multipurpose planning, 
development, and management of the water and water resources in the 
Delaware and Susquehanna River Basins, respectively (see fig. 5). (For 
more information on these compacts, see app. III.) 

Figure 4: Map of the United States Showing the Jurisdictions of TRPA 
and the CRGC: 

[See PDF for image] 

Sources: TRPA (basin map); CRGC and Oregon Department of Transportation 
(gorge map); Map Resources (U.S. map). 

[End of figure] 

Figure 5: Map of the United States Showing the Jurisdictions of the 
DRBC and the SRBC: 

[See PDF for image] 

Sources: DRBC, SRBC (basin maps); Map Resources (U.S. map). 

[End of figure] 

Like TRPA, these three commissions have the authority to issue 
regulations. Also, like TRPA, these three commissions have developed a 
comprehensive plan for achieving their compact's objectives. While 
their compact objectives differ, at least six of the issues addressed 
in their comprehensive plans are similar to those addressed in TRPA's 
plan, including land use, transportation, conservation, recreation, 
public services and facilities, water pollution, flood control, and 
waste disposal. See table 2 for a comparison of issues addressed by the 
four management plans. 

Table 2: Comparison of Commission Management Plan Issues: 

Issue: Land use; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Transportation; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: [Empty]; 
Susquehanna River Basin Commission: [Empty]. 

Issue: Conservation; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Recreation; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Public services and facilities; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Water pollution; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Flood control; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: [Empty]; 
Delaware River Basin Commission: X; 
Susquehanna River Basin Commission: X. 

Issue: Waste disposal; 
Tahoe Regional Planning Agency: X; 
Columbia River Gorge Commission: X; 
Delaware River Basin Commission: [Empty]; 
Susquehanna River Basin Commission: [Empty]. 

Source: GAO. 

[End of table] 

TRPA's Organizational Structure and Governance Are Generally Similar to 
Those of Three Other Compact Commissions: 

TRPA and the three other compact commissions have similar 
organizational structures, but differ in size, composition, and role of 
the federal representative. In terms of governance, the four 
commissions also use similar means for resolving disputes and providing 
accountability. 

Organizational Structure: 

TRPA and the three other commissions have similar organizational 
structures that consist of appointed commissioners, a staff, and 
advisory committees. However, commission composition differs in terms 
of size, interests represented, and role of the federal representative. 

Commission composition. TRPA's governing board is similar to those of 
the three other commissions in that it consists of appointed members, 
including a representative of the federal government. However, TRPA is 
more like the CRGC in terms of its size, interests represented, and 
role of the federal representative. Specifically, TRPA's governing 
board has 15 members. California and Nevada each have 7 members, 
including 4 statewide and 3 local representatives, and the federal 
government has a representative.[Footnote 7] All 7 California board 
members are appointed by elected officials. Four Nevada board members 
are appointed by elected officials, 2 serve by virtue of their state 
office, and 1 is appointed at-large by the other Nevada members. The 
federal representative is appointed by the President. All board 
members, except the federal representative, can vote on matters before 
the commission. In comparison, the CRGC has 13 members, including 3 
appointees of each governor, 1 appointee of each of the 6 counties in 
the Scenic Area, and a federal representative who is a member of the 
U.S. Forest Service appointed by the Secretary of Agriculture. As with 
TRPA, all of the CRGC's commissioners are voting members except the 
federal representative. 

The remaining two commissions are much smaller than TRPA. The DRBC and 
the SRBC have only 5 and 4 members, respectively, including a 
representative of the federal government. Unlike TRPA and the CRGC, 
each state has one commissioner--the governor or a designee. According 
to DRBC and SRBC officials, the designee is typically the head of the 
state's natural resources or environmental protection department. The 
federal representative is an officer of the U.S. Army Corps of 
Engineers appointed by the President. Unlike the federal 
representatives on TRPA and the CRGC, the federal representatives on 
the DRBC and the SRBC can vote on commission matters, because the 
United States is a party to the compacts. 

Table 3: Summary of the Composition of TRPA and Three Other Compact 
Commissions: 

Item: Compacting parties; 
Tahoe Regional Planning Agency: 2 states; 
Columbia River Gorge Commission: 2 states; 
Delaware River Basin Commission: 4 states and the United States; 
Susquehanna River Basin Commission: 3 states and the United States. 

Item: Number of commissioners; 
Tahoe Regional Planning Agency: 15; 
Columbia River Gorge Commission: 13; 
Delaware River Basin Commission: 5; 
Susquehanna River Basin Commission: 4. 

Item: State members; 
Tahoe Regional Planning Agency: 7 from each state, including 4 
statewide and 3 local representatives; 
Columbia River Gorge Commission: 6 from each state, including 3 state 
and 3 local appointees; 
Delaware River Basin Commission: 1 from each state; 
Susquehanna River Basin Commission: 1 from each state. 

Item: Method of selection; 
Tahoe Regional Planning Agency: Appointed by elected officials or by 
virtue of their state office; at-large member appointed by the other 
Nevada board members; 
Columbia River Gorge Commission: Appointed by elected officials; 
Delaware River Basin Commission: Appointed by virtue of their state 
office; 
Susquehanna River Basin Commission: Appointed by virtue of their state 
office. 

Item: Special requirements; 
Tahoe Regional Planning Agency: All California state representatives 
and at least 1 from Nevada must reside outside the region; local 
representatives must reside in their appointing body's jurisdiction; 
Columbia River Gorge Commission: 1 state representative from each state 
must reside in the Scenic Area; local representatives must reside in 
their respective counties; 
Delaware River Basin Commission: None; 
Susquehanna River Basin Commission: None. 

Item: Federal member; 
Tahoe Regional Planning Agency: Appointed by the President; 
Columbia River Gorge Commission: An employee of the Forest Service 
appointed by the Secretary of Agriculture; 
Delaware River Basin Commission: An officer of the U.S. Army Corps of 
Engineers appointed by the President; 
Susquehanna River Basin Commission: An officer of the U.S. Army Corps 
of Engineers appointed by the President. 

Item: Role of federal member; 
Tahoe Regional Planning Agency: Nonvoting; 
Columbia River Gorge Commission: Nonvoting; 
Delaware River Basin Commission: Voting; 
Susquehanna River Basin Commission: Voting. 

Source: GAO analysis of interstate compacts. 

[End of table] 

Staff. Like the three other commissions, TRPA employs an executive 
director who is responsible for administering the commission's day-to- 
day operations in accordance with the commissioners' direction and 
policies. The executive director is assisted by a staff of technical 
and other employees. At the time of our review, TRPA had the largest 
staff, with 85 full-time equivalent (FTE) positions.[Footnote 8] In 
comparison, the DRBC had 43 FTEs, the SRBC had 35 FTEs, and the CRGC 
had 8.75 FTEs. 

Advisory committees. All four commissions rely on advisory committees 
to study issues and make recommendations to the commissioners. For 
example, TRPA has a 19-member advisory planning commission--composed of 
planning and natural resource management professionals in the region, 
as well as members of the public--that assists the governing board with 
technical and scientific issues dealing with land use planning. The 
advisory planning commission holds hearings, reviews proposed 
amendments to TRPA's plans and ordinances, and makes recommendations to 
the governing board. In addition, TRPA's governing board has formed 
four advisory committees, composed of board members, to review and make 
recommendations to the board on legal, operational, public education 
and outreach, and local government matters. Similar to TRPA, both the 
DRBC and the SRBC have established ongoing issue-related advisory 
committees that sometimes include members of the public. For example, 
the DRBC has established a flood advisory committee and the SRBC an 
agricultural water use committee. Moreover, officials of the CRGC, the 
DRBC, and the SRBC reported that their commissions set up short-term 
committees, which may include members of the public, to provide input 
on specific issues or concerns that arise. 

Dispute Resolution: 

To avoid litigation, TRPA and the three other commissions generally use 
similar mechanisms for resolving disputes between the commission and 
those it regulates. These mechanisms include administrative appeals, 
mediation, and negotiation. Specifically, TRPA, like the three other 
compact commissions, has an administrative appeals process that allows 
individuals to appeal a final action of the executive director to the 
governing board without proceeding directly to court. In addition, 
TRPA, like the CRGC and the DRBC, also uses mediation as an alternative 
process for resolving disputes. However, only the CRGC explicitly 
provides for mediation as part of its administrative appeals process. 
Lastly, TRPA, like the CRGC and the SRBC, uses negotiation to resolve 
cases involving noncompliance with its regulations. 

Public Accountability: 

In addition to using similar mechanisms for resolving disputes, the 
four commissions use similar mechanisms to help ensure accountability. 
Some mechanisms serve to help ensure accountability and transparency of 
commission decisions, while others provide financial accountability. 
Generally, all four commissions: 

* Report their activities to state or federal agencies or officials. 
TRPA, like the CRGC and the SRBC, regularly reports to its member 
states' budget committees during its budget cycles. According to TRPA 
and CRGC officials, TRPA and the CRGC have also been required to report 
to state legislative oversight committees. Both the DRBC and the SRBC 
are required by their compacts to prepare an annual report to the 
legislative bodies of their member states. In contrast, TRPA and the 
CRGC are not required by their compacts to issue an annual report. In 
addition to their regular reporting, all four commissions report to 
state or federal agencies or officials when requested. 

* Conduct periodic progress reviews. As required by their compacts, all 
four commissions conduct periodic reviews of their progress toward 
meeting compact objectives and make the results available to the states 
and the public. Specifically, TRPA assesses its progress toward 
achieving the goals of its comprehensive plan every 5 years and issues 
a report. The CRGC conducts a similar assessment every 10 years. The 
DRBC evaluates its progress toward its strategic plan every year, and 
the SRBC does so from time to time, but not according to a set 
schedule. 

* Undergo state evaluations of their performance. TRPA, like the CRGC 
and the DRBC, undergoes state evaluations of its performance. However, 
such evaluations do not occur on a regular basis. The most recent TRPA 
evaluation occurred in 2004, the CRGC in 2003, and the DRBC in 2006. 
While no member state has evaluated the SRBC's performance, officials 
reported that state member representatives have on occasion audited the 
commission's financial records. 

* Make commission meetings and records available to the public. All 
four commissions hold meetings that the public can attend, and provide 
opportunities for the public to provide input into decision making. 
They also make commission records available to the public, such as 
commission meeting minutes and records of individual members' votes, 
enabling the states and the public to hold individual commissioners 
accountable for their decisions. 

* Conduct public outreach. All four commissions use various approaches 
to conduct public outreach, such as press releases, commission Web 
sites, workshops, presentations, newsletters, and speakers' bureaus. 

* Undergo annual financial audits. All four commissions are audited 
annually and the results are presented to each commission in a public 
meeting. Such audits are required for the CRGC, the DRBC, and the SRBC 
by their compacts. In the case of the DRBC and the SRBC, the audits 
must be performed by third parties. 

* Submit grant reports. All four commissions submit reports to the 
appropriate state and federal agencies, as required by the agencies, 
for grant monies received. 

TRPA Has More Extensive Land Use Planning Authority than the Three 
Other Commissions: 

While all four commissions have the authority to adopt and enforce 
regulations, a major distinction between TRPA and the three other 
compact commissions is that TRPA has broad land use planning authority 
that requires it to address a wide range of environmental issues. 
Specifically, under its compact, TRPA is required to adopt 
environmental standards to protect the natural environment and to 
maintain public health and safety within the Tahoe region. The nine 
standards adopted by TRPA address air quality, water quality, soil 
conservation, wildlife habitat, fish habitat, vegetation preservation, 
noise, recreation, and scenic resources. After setting the standards, 
TRPA was required to adopt a regional plan and ordinances to achieve 
and maintain the standards. The ordinances were required to contain, at 
minimum, standards for water purity and clarity; subdivision; zoning; 
tree removal; solid waste disposal; sewage disposal; landfills; 
excavations; cuts and grading; piers, harbors, breakwaters or channels, 
and other shoreline developments; waste disposal in shoreline areas; 
waste disposal from boats; mobile home parks; house relocation; outdoor 
advertising; flood plain protection; soil and sedimentation control; 
air pollution; and watershed protection. Further, these ordinances 
preempt the regulations of local and state agencies in the region, 
unless such regulations are stricter, and must be interpreted 
consistently with federal laws that may also apply within the Lake 
Tahoe region. Any project that may substantially affect the land, 
water, or any other natural resources of the Lake Tahoe region must 
comply with applicable provisions of the compact, the regional plan, 
ordinances, and rules and regulations. 

In comparison to TRPA, the CRGC is more limited in its land use 
planning authority. Whereas TRPA is broadly responsible for how and to 
what extent land--as well as water, air, and other natural resources-- 
is used within the region, the CRGC only regulates the use of land when 
it affects cultural, natural, recreational, or scenic resources. For 
example, unlike TRPA, the CRGC cannot regulate land use for public 
health and safety, such as natural hazards, or for noise. Further, the 
CRGC can set and enforce standards only when a county fails to enact 
land use ordinances consistent with the commission's management plan, 
and only one of the six counties in the Scenic Area has failed to do 
so. In contrast, neither the DRBC nor the SRBC has regulatory authority 
over land use; instead, local jurisdictions have such authority. 
However, the decisions of the DRBC and the SRBC, which both regulate 
water consumption and withdrawal, indirectly affect land use because 
the water withdrawal requirements each commission sets to manage water 
resources in its respective basin can influence how land can be used. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to interested congressional committees. We will also provide copies to 
others upon request. In addition, the report will be available at no 
charge on the GAO Web site at http://www.gao.gov. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-3841 or mittala@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report are 
listed in appendix IV. 

Signed by: 

Anu K. Mittal: 
Director, Natural Resources and Environment: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Our review focused on congressionally approved interstate compacts that 
address environment and natural resource issues. Specifically, we were 
asked to determine (1) the approaches used to administer 
congressionally approved environment and natural resource compacts, 
including their organizational structure, powers and authorities, and 
mechanisms for resolving disputes and providing public accountability; 
(2) the extent to which concerns have been raised regarding the 
structure and governance of those compacts, like the Tahoe Regional 
Planning Compact, that have commissions; and (3) specifically, how the 
structure and governance of the Tahoe Regional Planning Agency (TRPA) 
compares to those of other similar compact commissions. 

To determine the approaches used to administer congressionally approved 
interstate compacts that address environment and natural resource 
issues, we used Interstate Compacts & Agencies 2003, a directory 
compiled by the Council of State Governments, and prepared a list of 76 
such compacts.[Footnote 9] From this list, we identified and reviewed 
59 compacts with congressional approval. We also obtained and reviewed 
relevant compact documents, such as bylaws, rules of procedure, and 
management plans, for information on the compact's organizational 
structure, powers and authorities, and mechanisms for resolving 
disputes and providing public accountability. In addition, we developed 
and distributed a Web-based survey to officials from the 45 compacts 
with an operational commission to obtain additional information on the 
structure and governance of their compacts, as well as the extent to 
which significant concerns have been raised regarding commission 
structure or composition, method of selecting commissioners, current 
regulatory authority, and public accountability.[Footnote 10] 

The practical difficulties of conducting any survey may introduce 
nonsampling error. For example, differences in how a particular 
question is interpreted, the sources of information available to 
respondents, or the types of people who do not respond can introduce 
unwanted variability into the survey results. Therefore, we included 
steps in developing and administering the survey for the purpose of 
minimizing such nonsampling errors. For example, we pretested the 
survey with three compact commission officials and used their feedback 
to refine the survey. Also, to reduce survey nonresponse, we sent e- 
mail reminders and conducted follow-up telephone calls with 
nonrespondents. Overall, officials from 36 of the 45 compacts in our 
sampling frame responded to our survey, for a response rate of 80 
percent. Where necessary, we conducted follow-up telephone interviews 
with commission officials to clarify survey responses and obtain 
additional information on the concerns raised regarding their 
commission's structure and governance. 

In addition to our survey, we contacted officials of compacts without 
commissions to obtain information on the administration of these 
compacts. 

To determine the extent to which concerns have been raised regarding 
the structure and governance of compacts with commissions, we used the 
results of our survey of compact commission officials to identify 
commissions where significant concerns about commission composition, 
method of selecting commissioners, current regulatory authority, and 
public accountability have been raised. We conducted follow-up 
interviews with commission officials to obtain additional information 
on the nature and frequency of these concerns. We also reviewed 
relevant documents, such as studies, news articles, and court cases for 
information on concerns. We also interviewed interstate compact experts 
to obtain their views on issues related to the organizational 
structure, authority, and public accountability of compact commissions. 

To determine how TRPA compares to other interstate compact commissions, 
we used the results of our survey of compact commission officials to 
identify commissions that are similar to TRPA. The criteria for 
selecting similar commissions included (1) having the authority to 
issue regulations and (2) having a plan for achieving the compact's 
objectives that addresses at least six of the following issues: land 
use, transportation, conservation, recreation, public services and 
facilities, water pollution, flood control, and waste disposal. We 
identified three commissions that met these criteria--the Columbia 
River Gorge Commission, the Delaware River Basin Commission, and the 
Susquehanna River Basin Commission. To obtain information on each of 
these commission's structure and governance, we obtained and reviewed 
relevant documents, such as compact plans, commission meeting minutes, 
reports, and news articles. We interviewed commission staff in 
Stateline, Nevada; White Salmon, Washington; West Trenton, New Jersey; 
and Harrisburg, Pennsylvania; and attended meetings of TRPA, the 
Columbia River Gorge Commission, and the Nevada legislative oversight 
committee on TRPA. In addition, we interviewed compact stakeholders, 
such as commissioners; federal, state, and local government officials; 
environmentalists; business community members; and representatives of 
groups regulated by the commissions to obtain their views on the 
organizational structure and governance of their commissions. 

We conducted our work from April 2006 through March 2007 in accordance 
with generally accepted government auditing standards. 

[End of section] 

Appendix II: Descriptions of Interstate Compacts Included in Our 
Review: 

This appendix provides information on the 59 congressionally approved 
environment and natural resource compacts that we included in our 
review. 

Table 4: Congressionally Approved Environment and Natural Resource 
Compacts: 

Compact: Appalachian States Low-Level Radioactive Waste Compact; 
Members: 4 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Arkansas River Basin Compact of 1970; 
Members: 2 states; 
Description: Apportions the waters of the Arkansas River Basin and 
creates a commission to administer the agreement, encourage pollution 
abatement programs, and facilitate cooperation for total development 
and management of water resources in the river basin. 

Compact: Arkansas River Compact of 1949; 
Members: 2 states; 
Description: Apportions the waters of the Arkansas River and 
establishes an administration as the supervising agency. 

Compact: Arkansas River Compact of 1965; 
Members: 2 states; 
Description: Apportions the waters of the Arkansas River Basin, 
establishes a commission to administer the agreement, and encourages 
further pollution-abatement programs. 

Compact: Atlantic States Marine Fisheries Compact; 
Members: 15 states; 
Description: Establishes a commission to promote better utilization of 
fisheries along the Atlantic seaboard. 

Compact: Bear River Compact; 
Members: 3 states; 
Description: Apportions the waters of the Bear River and establishes a 
commission to administer the agreement. Also allocated new blocks of 
water for future development in the three member states. 

Compact: Belle Fourche River Compact; 
Members: 2 states; 
Description: Apportions the waters of the Belle Fourche River with 
particular emphasis on administering public water supplies in the two 
member states. 

Compact: Big Blue River Compact; 
Members: 2 states; 
Description: Establishes a commission to promote interstate comity and 
equitably apportion the waters of the Big Blue River Basin to promote 
orderly development of water resources and to continue active water 
pollution abatement programs. 

Compact: Canadian River Compact; 
Members: 3 states; 
Description: Establishes a commission to apportion the waters of the 
Canadian River in New Mexico, Oklahoma, and Texas, and to perform all 
functions required by the compact. 

Compact: Central Interstate Low-Level Radioactive Waste Compact; 
Members: 4 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Central Midwest Low-Level Radioactive Waste Compact; 
Members: 2 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Colorado River Compact; 
Members: 7 states; 
Description: Apportions the waters of the Colorado River Basin. 

Compact: Columbia River Compact; 
Members: 2 states; 
Description: Provides for the regulation, preservation, and protection 
of fish in the waters of the Columbia River. 

Compact: Columbia River Gorge Compact; 
Members: 2 states; 
Description: Establishes a regional agency to govern the planning and 
development of the area designated by the Columbia River Gorge National 
Scenic Area Act. Powers include disapproving county land use ordinances 
that are inconsistent with the area's management plan and enacting 
ordinances setting standards for using nonfederal land within the 
scenic area. 

Compact: Connecticut River Atlantic Salmon Compact; 
Members: 3 states; 
Description: Promotes the restoration of anadromous Atlantic salmon by 
developing a joint interstate program for stocking, protection, 
management, research, and regulation. 

Compact: Connecticut River Valley Flood Control Compact; 
Members: 3 states; 
Description: Establishes a commission to provide for financial 
reimbursement by downstream states for economic losses to political 
subdivisions in which flood control reservoirs are located. 

Compact: Costilla Creek Compact; 
Members: 2 states; 
Description: Apportions the waters of Costilla Creek and creates the 
necessary administrative structure. Amended in 1963 to perfect further 
utilization of interstate waters. 

Compact: Delaware River Basin Compact; 
Members: 4 states & U.S; 
Description: Establishes a commission as a regional multipurpose water 
resources regulatory agency. 

Compact: Great Lakes Basin Compact; 
Members: 8 states; 
Description: Establishes a commission to advise and make 
recommendations to the member states concerning regional water 
resources matters. 

Compact: Gulf States Marine Fisheries Compact; 
Members: 5 states; 
Description: Establishes a commission to promote the better utilization 
of the fisheries of the seaboard of the Gulf of Mexico by developing a 
joint program for promoting and protecting such fisheries and 
preventing the physical waste of the fisheries from any cause. 

Compact: Interstate Compact to Conserve Oil and Gas; 
Members: 30 states; 
Description: Establishes a commission to study and make recommendations 
about energy efficiency that would help member states' economies and 
encourage energy independence. 

Compact: Jennings Randolph Lake Project Compact; 
Members: 2 states; 
Description: Provides for concurrent jurisdiction among West Virginia, 
Maryland, and the U.S. Army Corps of Engineers to enforce civil and 
criminal laws of these states concerning natural resources, boating, 
and other regulations over the land and waters of the Jennings Randolph 
Lake Project. 

Compact: Klamath River Basin Compact; 
Members: 2 states; 
Description: Establishes a commission to promote comprehensive 
development, conservation, and control of the resources of the Klamath 
River. 

Compact: La Plata River Compact; 
Members: 2 states; 
Description: Apportions the waters of the La Plata River and creates a 
commission to administer the compact. 

Compact: Merrimack River Flood Control Compact; 
Members: 2 states; 
Description: Establishes a commission to coordinate flood control 
planning and water resource management in the basin of the Merrimack 
River and its tributaries. 

Compact: Middle Atlantic Forest Fire Protection Compact; 
Members: 7 states; 
Description: Provides mutual assistance in forest fire protection and 
control. 

Compact: Midwest Interstate Low-Level Radioactive Waste Compact; 
Members: 6 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: New England Interstate Water Pollution Compact; 
Members: 7 states; 
Description: Establishes a commission to coordinate the water pollution 
control activities of the signatory states as they pertain to the 
waters of the compact area. Other activities include assurance of water 
quality planning and standards in the compact area, improving 
groundwater program coordination, and distributing public-oriented 
information addressing current environmental issues. 

Compact: New Hampshire-Vermont Interstate Public Water Supply Compact; 
Members: 2 states; 
Description: Authorizes local governments in New Hampshire and Vermont 
to enter into agreements for jointly erecting and maintaining public 
water supply facilities. 

Compact: New Hampshire-Vermont Interstate Sewage and Waste Disposal 
Facilities Compact; 
Members: 2 states; 
Description: Authorizes local governments and sewage districts in New 
Hampshire and Vermont to engage in programs for abatement of pollution 
through joint facilities for the disposal of sewage and other waste 
products. 

Compact: Northeast Interstate Low-Level Radioactive Waste Management 
Compact; 
Members: 3 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Northeastern Forest Fire Protection Compact; 
Members: 7 states, 1 national forest, & 3 provinces; 
Description: Establishes a commission to promote effective prevention 
and control of forest fires in the New England states, New York, and 
adjoining Canadian provinces. 

Compact: Northwest Compact on Low-Level Radioactive Waste Management; 
Members: 8 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Ohio River Valley Water Sanitation Compact; 
Members: 8 states; 
Description: Establishes a commission for the purpose of maintaining 
waters in the river basin in a satisfactory condition, available for 
use as public and industrial water supply after reasonable treatment, 
suitable for recreational use, and capable of maintaining healthy 
aquatic communities. 

Compact: Pacific Marine Fisheries Compact; 
Members: 5 states; 
Description: Establishes a commission to promote the conservation, 
development, and management of Pacific coast fishery resources through 
coordinated regional research, monitoring, and utilization. 

Compact: Pecos River Compact; 
Members: 2 states; 
Description: Establishes a commission to administer the compact and 
apportion the waters of the Pecos River. 

Compact: Potomac River Compact of 1958; 
Members: 2 states; 
Description: Establishes a commission to conserve and improve fishing 
resources in the tidewater portion of the Potomac River. 

Compact: Potomac Valley Compact; 
Members: 3 states, D.C., & U.S; 
Description: Creates a conservancy district and establishes a 
commission to cooperatively preserve water quality and to conserve 
water and related land resources of the Potomac River Basin. 

Compact: Red River Compact; 
Members: 4 states; 
Description: Provides for the equitable apportionment of the waters and 
tributaries of the Red River. 

Compact: Republican River Compact; 
Members: 3 states; 
Description: Establishes an agency to provide for the most efficient 
use of basin waters for multiple purposes and to provide for the 
equitable division of water. 

Compact: Rio Grande Compact; 
Members: 3 states; 
Description: Establishes a commission to administer the compact and 
apportion water. 

Compact: Rocky Mountain Low-Level Radioactive Waste Compact; 
Members: 3 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Sabine River Compact; 
Members: 2 states; 
Description: Establishes a commission to apportion the waters of the 
Sabine River and to plan, develop, and conserve the water resources of 
the river basin. 

Compact: Snake River Compact; 
Members: 2 states; 
Description: Apportions the waters of the Snake River. 

Compact: South Central Forest Fire Protection Compact; 
Members: 5 states; 
Description: Provides mutual aid in forest fire protection and control 
among the states in the south central area. 

Compact: South Platte River Compact; 
Members: 2 states; 
Description: Apportions the waters of the South Platte River. 

Compact: Southeast Interstate Low-Level Radioactive Waste Compact; 
Members: 7 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Southeastern Forest Fire Protection Compact; 
Members: 10 states; 
Description: Provides mutual aid in forest fire prevention and control 
among states in the southeastern area. 

Compact: Southern Compact; 
Members: 16 states; 
Description: Provides for regional cooperation in the proper 
utilization of energy and environmental resources in the southern 
states. 

Compact: Southwestern Low-Level Radioactive Waste Disposal Compact; 
Members: 4 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Susquehanna River Basin Compact; 
Members: 3 states & U.S; 
Description: Establishes a federal-interstate administrative commission 
to engage in comprehensive planning, development, and management of 
water and related resources of the Susquehanna River Basin. 

Compact: Tahoe Regional Planning Compact; 
Members: 2 states; 
Description: Establishes a regional planning agency with power to adopt 
and enforce a regional plan of resource conservation and development 
and to exercise various environmental controls over the Tahoe Basin. 
Amended in 1980 to require adoption of environmental threshold 
capacities for the Tahoe Basin. 

Compact: Texas Low-Level Radioactive Waste Disposal Compact; 
Members: 2 states; 
Description: Establishes a commission to manage and dispose of low-
level radioactive waste generated within member states' borders. 

Compact: Thames River Flood Control Compact; 
Members: 2 states; 
Description: Establishes a commission to administer the compact and 
promote the cooperation in flood control and in the use of water 
resources of the Thames River Basin. 

Compact: Tri-State Sanitation Compact; 
Members: 3 states; 
Description: Creates a commission to promote water pollution abatement 
and control within the tidal and coastal waters in the adjacent 
portions of Connecticut, New Jersey, and New York. Since 1962, the 
commission has served as the coordinating and planning agency for air 
quality control within the tristate boundary area. 

Compact: Upper Colorado River Basin Compact; 
Members: 5 states; 
Description: Establishes a commission to administer apportionment of 
the waters of the Upper Colorado River Basin System and to promote 
agricultural and industrial development. 

Compact: Upper Niobrara River Compact; 
Members: 2 states; 
Description: Apportions the waters of the Upper Niobrara River Basin 
and the ground waters common to Nebraska and Wyoming. 

Compact: Wheeling Creek Watershed Protection and Flood Prevention 
District Compact; 
Members: 2 states; 
Description: Establishes a commission for the purpose of administering 
programs of flood control and preservation of natural resources and 
recreational facilities in the Wheeling Creek watershed. 

Compact: Yellowstone River Compact; 
Members: 3 states; 
Description: Establishes a commission to apportion the waters of the 
Yellowstone River. 

Sources: The Council of State Governments' Interstate Compacts & 
Agencies 2003 and GAO analysis. 

[End of table] 

[End of section] 

Appendix III: Descriptions of TRPA and Three Selected Compact 
Commissions: 

This appendix describes the Tahoe Regional Planning Agency (TRPA) and 
three compact commissions that perform similar functions to TRPA. 

Tahoe Regional Planning Agency: 

Lake Tahoe is located in the Sierra Nevada Mountains on the border of 
California and Nevada (see fig. 6). Approximately two-thirds of the 
lake lies in California and one-third in Nevada. Lake Tahoe is about 22 
miles long and 12 miles wide and has a surface area of 191 square 
miles. With an average surface elevation of 6,225 feet above sea level, 
Lake Tahoe is the highest lake of its size in the United States. The 
lake, which is known for its exceptional purity and clarity, has been 
called a national treasure. 

Figure 6: Map and Photographs of the Lake Tahoe Region: 

[See PDF for image] 

Source: TRPA (basin map). 

[End of figure] 

Reports of Lake Tahoe's beauty did not go unnoticed. By the turn of the 
twentieth century, the lake had become a summer resort, primarily for 
the wealthy. Following World War II, the Tahoe region experienced rapid 
growth with the availability of modern snow removal equipment, which 
enabled the states to keep the highways into Lake Tahoe open during the 
winter months, coupled with the establishment of year-round casinos in 
Nevada and the 1960 Winter Olympic Games in nearby Squaw Valley, which 
further stimulated development of the winter sports industry. Postwar 
affluence and increased leisure time, along with rapid population 
growth in urban centers in northern California, resulted in a large 
increase in the number of tourists and seasonal residents at Lake 
Tahoe. In response to growing concerns about the impact of development 
on Lake Tahoe and its environment--particularly a proposal for a four- 
lane freeway with a bridge over Lake Tahoe's famed Emerald Bay, the 
states of California and Nevada negotiated a bistate compact that 
created a regional planning agency to oversee development at Lake 
Tahoe. Congress gave its consent to the compact in 1969.[Footnote 11] 

The Tahoe Regional Planning Compact established the Tahoe Regional 
Planning Agency (TRPA) to administer the compact. It also created a 
governing board that, according to TRPA officials, functioned like a 
regional planning board. The majority of the board members were local 
residents. Project approval required a majority of votes from each 
state. Further, the compact had a provision that if a project was not 
acted upon within 60 days, the project would automatically be deemed 
approved. Under this provision, development continued unchecked, and 
the compact was amended and ratified by Congress in 1980 to give more 
control to statewide rather than local representatives and to eliminate 
the 60-day provision.[Footnote 12] 

The compact, as amended, grants TRPA the authority to establish 
environmental quality standards, called thresholds, and to adopt and 
enforce a regional plan and ordinances for achieving and maintaining 
the standards while providing opportunities for orderly growth and 
development consistent with the standards. 

Columbia River Gorge Commission: 

The Columbia River Gorge is a canyon up to 4,000 feet deep that 
stretches for over 85 miles as the Columbia River cuts through the 
Cascade Mountains, forming the boundary of the states of Washington and 
Oregon (see fig. 7). Because of its scenic beauty, abundant natural 
resources, and multicultural history, the Columbia River Gorge has been 
called a national treasure. In addition, the gorge provides many 
recreational opportunities--such as fishing, hiking, rock climbing, and 
world-class windsurfing--that attract millions of visitors a year. 

Figure 7: Map and Photographs of the Columbia River Gorge National 
Scenic Area: 

[See PDF for image] 

Sources: CRGC and Oregon Department of Transportation. 

[End of figure] 

The completion of a highway along the Columbia River in 1915 opened up 
the gorge to recreation and stimulated growth on both sides of the 
river. By the 1930s, development impacts on the gorge were becoming a 
source of concern and, by the 1950s, both Oregon and Washington had 
created individual gorge commissions. However, their effectiveness 
became limited by inadequate funding, lack of authority, and opposition 
from various sources. In 1980, an attempt to build a subdivision in 
Skamania County, Washington, across the Columbia River from Multnomah 
Falls, one of Oregon's premier tourist attractions, provided the 
catalyst to find permanent protection for the gorge's natural 
resources, and, in 1986, Congress passed the Columbia River Gorge 
National Scenic Area Act.[Footnote 13] The Scenic Area, which totals 
about 292,500 acres, stretches for 85 miles on either side of the 
Columbia River and includes portions of three counties in Oregon and 
three counties in Washington. 

The purpose of the Scenic Area Act is to (1) establish a national 
scenic area to protect and provide for the enhancement of the gorge's 
scenic, cultural, recreational, and natural resources and (2) protect 
and support the economy of the Columbia River Gorge area by encouraging 
growth in urban areas and allowing economic development that is 
consistent with the first purpose. The act authorized Oregon and 
Washington to enter into a compact that would create a regional agency 
known as the Columbia River Gorge Commission and required that the 
commission carry out its functions and responsibilities in accordance 
with the compact and the act. These functions and responsibilities 
included, among others, adopting a management plan for the Scenic Area, 
administering the plan, reviewing the plan periodically, and amending 
it as necessary. 

Delaware River Basin Commission: 

The Delaware River Basin consists of 13,539 square miles, draining 
parts of Pennsylvania, New Jersey, New York, and Delaware (see fig. 8). 
Nearly 15 million people rely on the waters of the basin for drinking 
and industrial use, including 7 million people in the New York City 
area and northern New Jersey who live outside the basin. New York City 
gets nearly half of its water from three large reservoirs located on 
the tributaries to the Delaware, and Philadelphia gets 100 percent of 
its water supply directly from the Delaware and Schuylkill Rivers. In 
addition, the Delaware River Port Complex (including docking facilities 
in Pennsylvania, New Jersey, and Delaware) is the largest freshwater 
port in the world. 

Figure 8: Map and Photographs of the Delaware River Basin: 

[See PDF for image] 

Source: DRBC. 

[End of figure] 

In 1954, the United States Supreme Court resolved years of interstate 
conflict over water rights by apportioning the waters of the Delaware 
River among the four states and New York City. In doing so, the Court 
did not guarantee a final apportionment of water resources, but allowed 
the parties to return to court if circumstances changed. Instead of 
risking future litigation, Pennsylvania, New York, New Jersey, 
Delaware, and the United States created the Delaware River Basin 
Compact to provide a unified approach to managing the river system 
without regard to political boundaries. Congress granted its consent to 
the agreement in 1961.[Footnote 14] 

The compact created the Delaware River Basin Commission (DRBC) to 
administer its provisions. The DRBC was given broad authority to plan, 
regulate, and coordinate management of the basin's waters. The 
commission regulates water supply allocation and water quality 
protection and has the authority to issue pollution control standards. 
In addition, the commission, acting on information from its advisory 
committees, makes recommendations to its member states on issues such 
as toxic pollutants, water quality, flooding, and flow management. 

Susquehanna River Basin Commission: 

The Susquehanna River is the nation's 16th largest river, originating 
near Cooperstown, New York, and emptying into the Chesapeake Bay at 
Havre de Grace, Maryland (see fig. 9). Along with its tributaries, the 
river drains 27,510 square miles, an area nearly the size of South 
Carolina. It is also the largest river lying entirely in the United 
States that flows into the Atlantic Ocean, and it provides 50 percent 
of the fresh water entering into the Chesapeake Bay. 

Figure 9: Map and Photographs of the Susquehanna River Basin: 

[See PDF for image] 

Source: SRBC. 

[End of figure] 

New York, Pennsylvania, Maryland, and the United States created the 
Susquehanna River Basin Compact to plan and manage the development of 
the basin's water resources, among other purposes. The compact was 
modeled after the Delaware River Basin Compact. The compact received 
congressional consent in 1970.[Footnote 15] However, unlike the 
Delaware compact, which was created after its member states had 
litigated before the Supreme Court over water distributions, the 
Susquehanna compact was created to avoid such a dispute by providing 
for interstate coordination of efforts to develop and administer the 
water resources of the river basin. 

The compact established the Susquehanna River Basin Commission (SRBC) 
to administer its provisions. The SRBC regulates water withdrawals, 
diversions, and releases, and is authorized to issue water quality 
standards and enforce those standards. The commission also has 
established several permanent advisory committees that develop 
recommendations for member states to consider on a variety of issues, 
including water resources management, water quality, agricultural water 
use, and drought management. In addition, the commission establishes 
short-term committees as specific needs dictate. 

[End of section] 

Appendix IV: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Anu K. Mittal, (202) 512-3841 or mittala@gao.gov. 

Staff Acknowledgments: 

In addition to the contact named above, Sherry McDonald, Assistant 
Director; Fatema Choudhury; Christopher Ferencik; Katherine Freeman; 
Susan Malone; Roderick Moore; and Tama Weinberg made key contributions 
to this report. Also contributing to this report were Kevin Bray, 
Thomas James, Alison O'Neill, and John Smale, Jr. 

FOOTNOTES 

[1] For purposes of this report, the term "commission" includes 
agencies, authorities, and boards created to administer interstate 
compacts. 

[2] For purposes of this report, the phrase "congressionally approved 
interstate compacts" refers to compacts for which Congress provided 
consent through legislation. 

[3] One of the 46 commissions was not yet operational at the time of 
our review. 

[4] While 6 of the 46 compacts that established commissions explicitly 
required representatives from the public to sit on their advisory 
committees, only 3 of these compacts required that the commission 
actually establish an advisory committee. The other 3 compacts gave 
their commissions the authority to create one or more advisory 
committees, but did not require them to do so. 

[5] Complaint at 11, Pennsy Supply, Inc. v. The Susquehanna River Basin 
Commission, Civil Action No. 1:06-CV-02454 (C.D. Pa. 2006). This suit, 
which was filed in the U.S. District Court for the Middle District of 
Pennsylvania, was still pending at the time of our review. 

[6] Columbia Gorge United-Protecting People & Property v. Yeutter, 1990 
WL 357613, CV No. 88-1319-PA (D. Or. May 23, 1990), aff'd by 960 F.2d 
110 (9th Cir. 1992). 

[7] Originally, the compact provided for an 11-member governing board, 
with each state having 3 local and 2 statewide representatives. 
However, the compact was amended in 1980 by adding 2 statewide 
representatives from each state, increasing the board's size to 15 
members. 

[8] An FTE generally consists of one or more employed individuals who 
collectively complete 2,080 work hours in a given year. Therefore, 
either one full-time employee or two half-time employees equal one FTE. 

[9] This directory is the most recent compilation of interstate 
compacts available. 

[10] The Texas Low-Level Radioactive Waste Compact established a 
commission, but at the time of our review, the commission was not yet 
operational. 

[11] Pub. L. No. 91-148, 83 Stat. 360 (1969). 

[12] Pub. L. No. 96-551, 94 Stat. 3233 (1980). 

[13] Pub. L. No. 99-663, 100 Stat. 4274 (1986). 

[14] Pub. L. No. 87-328, 75 Stat. 688 (1961). 

[15] Pub. L. No. 91-575, 84 Stat. 1509 (1970). 

GAO's Mission: 

The Government Accountability Office, the audit, evaluation and 
investigative arm of Congress, exists to support Congress in meeting 
its constitutional responsibilities and to help improve the performance 
and accountability of the federal government for the American people. 
GAO examines the use of public funds; evaluates federal programs and 
policies; and provides analyses, recommendations, and other assistance 
to help Congress make informed oversight, policy, and funding 
decisions. GAO's commitment to good government is reflected in its core 
values of accountability, integrity, and reliability. 

Obtaining Copies of GAO Reports and Testimony: 

The fastest and easiest way to obtain copies of GAO documents at no 
cost is through GAO's Web site (www.gao.gov). Each weekday, GAO posts 
newly released reports, testimony, and correspondence on its Web site. 
To have GAO e-mail you a list of newly posted products every afternoon, 
go to www.gao.gov and select "Subscribe to Updates." 

Order by Mail or Phone: 

The first copy of each printed report is free. Additional copies are $2 
each. A check or money order should be made out to the Superintendent 
of Documents. GAO also accepts VISA and Mastercard. Orders for 100 or 
more copies mailed to a single address are discounted 25 percent. 
Orders should be sent to: 

U.S. Government Accountability Office 441 G Street NW, Room LM 
Washington, D.C. 20548: 

To order by Phone: Voice: (202) 512-6000 TDD: (202) 512-2537 Fax: (202) 
512-6061: 

To Report Fraud, Waste, and Abuse in Federal Programs: 

Contact: 

Web site: www.gao.gov/fraudnet/fraudnet.htm E-mail: fraudnet@gao.gov 
Automated answering system: (800) 424-5454 or (202) 512-7470: 

Congressional Relations: 

Gloria Jarmon, Managing Director, JarmonG@gao.gov (202) 512-4400 U.S. 
Government Accountability Office, 441 G Street NW, Room 7125 
Washington, D.C. 20548: 

Public Affairs: 

Paul Anderson, Managing Director, AndersonP1@gao.gov (202) 512-4800 
U.S. Government Accountability Office, 441 G Street NW, Room 7149 
Washington, D.C. 20548: