Text: H.R.5452 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.5452--
H.R.5452
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
Granting the consent of the Congress to a  supplemental compact or agreement
between the Commonwealth of Pennsylvania and the State of New Jersey concerning
the Delaware River Port Authority.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That the Congress consents to a
  supplemental compact or agreement between the Commonwealth of Pennsylvania
  and the State of New Jersey amending articles I, II, III, IV, XII, and XIII
  of the compact or agreement between the Commonwealth of Pennsylvania and
  the State of New Jersey entitled `Agreement Between The Commonwealth of
  Pennsylvania and The State of New Jersey creating the Delaware River Joint
  Commission as a body corporate and politic and defining its powers and
  duties'. The supplemental compact or agreement is substantially as follows:
  (1) Article I of the `Agreement Between The Commonwealth of Pennsylvania
  and The State of New Jersey creating the Delaware River Joint Commission
  as a body corporate and politic and defining its powers and duties',
  as amended and supplemented, is amended to read as follows:
  `The body corporate and politic, heretofore created and known as the
  Delaware River Joint Commission hereby is continued under the name of the
  Delaware River Port Authority (hereinafter in this agreement called the
  `commission'), which shall constitute the public corporate instrumentality
  of the Commonwealth of Pennsylvania and the State of New Jersey for the
  following public purposes, and which shall be deemed to be exercising an
  essential governmental function in effectuating such purposes, to wit:
  `(a) The operation and maintenance of the bridge, owned jointly by the
  2 States, across the Delaware River between the city of Philadelphia in
  the Commonwealth of Pennsylvania and the city of Camden in the State of
  New Jersey, including its approaches, and the making of additions and
  improvements thereto.
  `(b) The effectuation, establishment, construction, acquisition, operation,
  and maintenance of railroad or other facilities for the transportation
  of passengers across any bridge or tunnel owned or controlled by the
  commission, including extensions of such railroad or other facilities
  necessary for efficient operation in the Port District.
  `(c) The improvement and development of the Port District for port purposes
  by or through the acquisition, construction, maintenance, or operation
  of any and all projects for the improvement and development of the Port
  District for port purposes, or directly related thereto, either directly
  by purchase, lease, or contract, or by lease or agreement with any other
  public or private body or corporation or in any other manner.
  `(d) Co-operation with all other bodies interested or concerned with,
  or affected by the promotion, development or use of the Delaware River
  and the Port District.
  `(e) The procurement from the Government of the United States of any
  consents which may be requisite to enable any project within its powers
  to be carried forward.
  `(f) The construction, acquisition, operation and maintenance of other
  bridges and tunnels across or under the Delaware River, between the
  city of Philadelphia or the county of Delaware in the Commonwealth of
  Pennsylvania and the State of New Jersey, including approaches and the
  making of additions and improvements thereto.
  `(g) The promotion as a highway of commerce of the Delaware River, and
  the promotion of increased passenger and freight commerce on the Delaware
  River and for such purpose the publication of literature and the adoption
  of any other means as may be deemed appropriate.
  `(h) To study and make recommendations to the proper authorities for
  the improvement of terminal, lighterage, wharfage, warehouse and other
  facilities necessary for the promotion of commerce on the Delaware River.
  `(i) Institution through its counsel, or such other counsel as it
  shall designate, or intervention in, any litigation involving rates,
  preferences, rebates, or other matters vital to the interest of the Port
  District; provided, that notice of any such institution of or intervention
  in litigation shall be given promptly to the Attorney General of the
  Commonwealth of Pennsylvania and to the Attorney General of the State of
  New Jersey, and provision for such notices shall be made in a resolution
  authorizing any such intervention or litigation and shall be incorporated
  in the minutes of the commission.
  `(j) The establishment, maintenance, rehabilitation, construction and
  operation of a rapid transit system for the transportation of passengers,
  express mail, and baggage, or any of them, between points in New Jersey
  within the Port District and points in Pennsylvania within the Port District,
  and intermediate points. Such system may be established either by utilizing
  existing rapid transit systems, railroad facilities, highways, and bridges
  within the territory involved or by the construction or provision of new
  rail facilities where deemed necessary, and may be established either
  directly by purchase, lease, or contract, or by lease or agreement with
  any other public or private body or corporation, or in any other manner.
  `(k) The performance of such other functions which may be of mutual benefit
  to the Commonwealth of Pennsylvania and the State of New Jersey insofar
  as concerns the promotion and development of the Port District for port
  purposes and the use of its facilities by commercial vessels.
  `(l) The performance or effectuation of such additional bridge, tunnel,
  railroad, rapid transit, transportation, transportation facility, terminal,
  terminal facility, and port improvement and development purposes within
  the Port District as may hereafter be delegated to or imposed upon it by
  the action of either State concurred in by legislation of the other.
  `(m) The unification of the ports of the Delaware River through (i)
  the acquisition or taking control of any terminal, terminal facility,
  transportation facility or marine terminal or port facility or associated
  property within the Port District through purchase, lease, or otherwise,
  or by the acquisition, merger, becoming the successor to or entering into
  contracts, agreements, or partnerships with any other port corporation,
  port authority, or port related entity which is located within the Port
  District, all in accordance with the applicable laws of the State in which
  the facility, corporation, or authority is located; (ii) the exercise of the
  other powers granted by this compact; or (iii) the establishment (whether
  solely or jointly with any other entity or entities) of such subsidiary
  corporation or corporations or maritime or port advisory committees as
  may be necessary or desirable to effectuate this purpose.
  `(n) The planning, financing, development, acquisition, construction,
  purchase, lease, maintenance, marketing, improvement and operation of any
  project, including but not limited to any terminal, terminal facility,
  transportation facility, or any other facility of commerce or economic
  development activity; from funds available after appropriate allocation
  for maintenance of bridge and other capital facilities.'.
  (2) Article II of the agreement is amended to read as follows:
  `The commission shall consist of sixteen commissioners, eight resident
  voters of the Commonwealth of Pennsylvania and eight resident voters of
  the State of New Jersey, who shall serve without compensation.
  `The commissioners for the State of New Jersey shall be appointed by the
  Governor of New Jersey with the advice and consent of the Senate of New
  Jersey, for terms of five years, and in case of a vacancy occurring in
  the office of commissioner during a recess of the Legislature, it may be
  filled by the Governor by an ad interim appointment which shall expire
  at the end of the next regular session of the Senate unless a successor
  shall be sooner appointed and qualify and, after the end of the session,
  no ad interim appointment to the same vacancy shall be made unless the
  Governor shall have submitted to the Senate a nomination to the office
  during the session and the Senate shall have adjourned without confirming
  or rejecting it, and no person nominated for any such vacancy shall be
  eligible for an ad interim appointment to such office if the nomination
  shall have failed of confirmation by the Senate.
  `Six of the eight commissioners for the Commonwealth of Pennsylvania shall
  be appointed by the Governor of Pennsylvania for terms of five years. The
  Auditor General and the State Treasurer of said Commonwealth shall be ex
  officio commissioners for said Commonwealth, each having the privilege
  of appointing a representative to serve in his place at a meeting of the
  commission which he does not attend personally. Any commissioner who
  is an elected public official shall have the privilege of appointing
  a representative to serve and act in his place at any meeting of the
  commission which he does not attend personally.
  `All commissioners shall continue to hold office after the expiration of
  the terms for which they are appointed or elected until their respective
  successors are appointed and qualify, but a period during which any
  commissioner shall hold over shall be deemed to be an extension of his term
  of office for the purpose of computing the date on which his successor's
  term expires.'.
  (3) Article III of the agreement is amended to read as follows:
  `The commissioners shall have charge of the commission's property and
  affairs and shall for the purpose of doing business constitute a board,
  but no action of the commissioners shall be binding unless a majority
  of the members of the commission from Pennsylvania and a majority of the
  members of the commission from New Jersey shall vote in favor thereof.
  `Notwithstanding the above, each State reserves the right to provide by
  law for the exercise of a veto power by the Governor of that State over
  any action of any commissioner from that State at any time within 10 days
  (Saturdays, Sundays, and public holidays in the particular State excepted)
  after receipt at the Governor's office of a certified copy of the minutes
  of the meeting at which such vote was taken. Each State may provide by
  law for the manner of delivery of such minutes, and for notification of
  the action thereon.'.
  (4) Article IV of the agreement is amended to read as follows:
  `For the effectuation of its authorized purposes the commission is hereby
  granted the following powers:
  `(a) To have perpetual succession.
  `(b) To sue and be sued.
  `(c) To adopt and use an official seal.
  `(d) To elect a chairman, vice-chairman, secretary, and treasurer, and
  to adopt suitable bylaws for the management of its affairs. The secretary
  and treasurer need not be members of the commission.
  `(e) To appoint, hire, or employ counsel and such other officers and such
  agents and employees as it may require for the performance of its duties,
  by contract or otherwise, and fix and determine their qualifications,
  duties, and compensation.
  `(f) To enter into contracts.
  `(g) To acquire, own, hire, use, operate, and dispose of personal property.
  `(h) To acquire, own, use, lease, operate, mortgage, and dispose of real
  property and interests in real property, and to make improvements thereon.
  `(i) To grant by franchise, lease, or otherwise, the use of any property or
  facility owned or controlled by the commission and to make charges therefor.
  `(j) To borrow money upon its bonds or other obligations, either with
  or without security, and to make, enter into, and perform any and all
  such covenants and agreements with the holders of such bonds or other
  obligations as the commission may determine to be necessary or desirable
  for the security and payment thereof, including without limitation of the
  foregoing, covenants and agreements as to the management and operation
  of any property or facility owned or controlled by it, the tolls, rents,
  rates, or other charges to be established, levied, made, and collected
  for any use of any such property or facility, or the application, use,
  and disposition of the proceeds of any bonds or other obligations of
  the commission or the proceeds of any such tolls, rents, rates, or other
  charges or any other revenues or moneys of the commission.
  `(k) To exercise the right of eminent domain within the Port District.
  `(l) To determine the exact location, system, and character of and all
  other matters in connection with any and all improvements or facilities
  which it may be authorized to own, construct, establish, effectuate,
  operate, or control.
  `(m) In addition to the foregoing, to exercise the powers, duties, authority,
  and jurisdiction heretofore conferred and imposed upon the aforesaid the
  Delaware River Joint Commission by the Commonwealth of Pennsylvania or
  the State of New Jersey, or both of the said 2 States.
  `(n) To exercise all other powers not inconsistent with the constitutions
  of the 2 States or of the United States, which may be reasonably necessary
  or incidental to the effectuation of its authorized purposes or to the
  exercise of any of the foregoing powers, except the power to levy taxes
  or assessments, and generally to exercise in connection with its property
  and affairs, and in connection with property within its control, any
  and all powers which might be exercised by a natural person or a private
  corporation in connection with similar property and affairs.
  `(o) To acquire, purchase, construct, lease, operate, maintain, and undertake
  any project, including any terminal, terminal facility, transportation
  facility, or any other facility of commerce and to make charges for the
  use thereof.
  `(p) To make expenditures anywhere in the United States and foreign
  countries, to pay commissions, and hire or contract with experts or
  consultants, and otherwise to do indirectly anything which the commission
  may do directly.
  `(q) To establish 1 or more operating divisions as deemed necessary to
  exercise the power and effectuate the purposes of this agreement.
  `The commission shall also have such additional powers as may hereafter be
  delegated to or imposed upon it from time to time by the action of either
  State concurred in by legislation of the other.
  `It is the policy and intent of the Legislature of the Commonwealth of
  Pennsylvania and the State of New Jersey that the powers granted by this
  article shall be so exercised that the American system of free competitive
  private enterprise is given full consideration and is maintained and
  furthered. In making its reports and recommendations to the Legislatures of
  the Commonwealth of Pennsylvania and the State of New Jersey on the need for
  any facility or project which the commission believes should be undertaken
  for the promotion and development of the Port District, the commission
  shall include therein its findings which fully set forth that the facility
  or facilities operated by private enterprise within the Port District and
  which it is intended shall be supplanted or added to are not adequate.'.
  (5) Article XII of the agreement is amended to read as follows:
  `The Commission shall, within 90 days after the end of each fiscal year,
  submit to the Governors and Legislatures of the Commonwealth of Pennsylvania
  and the State of New Jersey a complete and detailed report of the following:
  `(1) its operations and accomplishments during the completed fiscal year;
  `(2) its receipts and disbursements or revenues and expenses during that
  year in accordance with the categories and classifications established by
  the commission for its own operating and capital outlay purposes;
  `(3) its assets and liabilities at the end of the fiscal year, including
  the status of reserve, depreciation, special or other funds including
  debits and credits of these funds;
  `(4) a schedule of bonds and notes outstanding at the end of the fiscal year;
  `(5) a list of all contracts exceeding $100,000 entered into during the
  fiscal year;
  `(6) a business or strategic plan for the commission and for each of its
  operating divisions; and
  `(7) a five year capital plan.
  `Not less than once every five years, the commission shall cause a management
  audit of its operational effectiveness and efficiency to be conducted
  by an independent consulting firm selected by the commission. The first
  management audit to be conducted shall commence within 3 years of the date
  of coming into force of the supplemental compact or agreement authorized
  by this 1991 amendatory act. This audit is in addition to any other audit
  which the commission determines to conduct from time to time.
  `The commission shall, not later than 2 years after the date of the coming
  into force of the supplemental compact or agreement authorized by this 1991
  amendatory act, prepare a comprehensive master plan for the development of
  the Port District. The plan shall include, but not be limited to, plans
  for the construction, financing, development, reconstruction, purchase,
  lease, improvement, and operation of any terminal, terminal facility,
  transportation facility or any other facility of commerce or economic
  development activity. The master plan shall include the general location of
  such projects and facilities as may be included in the master plan and shall
  to the maximum extent practicable include, but not be limited to, a general
  description of each such project and facility, the land use requirements
  necessary therefor, and estimates of project costs and of a schedule for
  commencement of each such project. Prior to adopting such master plan, the
  commission shall give written notice to, afford a reasonable opportunity for
  comment, consult with and consider any recommendations from States, county
  and municipal government, as well as commissions, public corporations and
  authorities, and the private sector. The commission may modify or change any
  part of the plan in the same form and manner as provided for the adoption
  of the original plan. At the time the commission authorizes any project
  or facility, the commission shall promptly provide to the Governor and
  Legislature of each State a detailed report on the project including its
  status within the master plan. The commission shall include within the
  authorization a status of the project or facility in the master plan and
  any amendment thereof, and no project shall be authorized if not included in
  the master plan or amendment thereof. Any project which has been commenced
  and approved by the commission prior to the adoption of the master plan
  shall be included, for informational purposes only, in the master plan. The
  commission shall provide notice of such on-going projects to those States,
  county and municipal governments, as well as entities in the private sector
  who would be entitled to such notice had the project not been commenced in
  anticipation of adopting the master plan, but there shall be no requirement
  that the project be delayed or deferred due to these provisions.
  `In addition to other powers conferred upon it, and not in limitation
  thereof, the commission may acquire all right, title and interest in and to
  the Tacony-Palmyra bridge, across the Delaware River at Palmyra, New Jersey,
  together with any approaches and interests in real property necessary
  thereto. The acquisition of such bridge, approaches and interests by the
  commission shall be by purchase or by condemnation in accordance with the
  provisions of the Federal law consenting to or authorizing the construction
  of such bridge or approaches, or the acquisition of such bridge, approaches
  or interests by the commission shall be pursuant to and in accordance with
  the provisions of section 48:5-22 and 48:5-23 of the Revised Statutes of
  New Jersey, and for all the purposes of said provisions and sections the
  commission is hereby appointed as the agency of the State of New Jersey and
  the Commonwealth of Pennsylvania exercising the rights and powers granted or
  reserved by said Federal law or sections to the State of New Jersey and the
  Commonwealth of Pennsylvania jointly or to the State of New Jersey acting
  in conjunction with the Commonwealth of Pennsylvania. The commission shall
  have authority to so acquire such bridge, approaches and interests, whether
  the same be owned, held, operated or maintained by any private person, firm,
  partnership, company, association or corporation or by any instrumentality,
  public body, commission, public agency or political subdivision (including
  any county or municipality) of, or created by or in, the State of New Jersey
  or the Commonwealth of Pennsylvania, or by any instrumentality, public
  body, commission, or public agency of, or created by or in, a political
  subdivision (including any county or municipality) of the State of New
  Jersey or the Commonwealth of Pennsylvania. None of the provisions of the
  preceding paragraph shall be applicable with respect to the acquisition by
  the commission, pursuant to this paragraph, of said Tacony-Palmyra bridge,
  approaches and interests. The power and authority herein granted to the
  commission to acquire said Tacony-Palmyra bridge, approaches and interests
  shall not be exercised unless and until the Governor of the State of New
  Jersey and the Governor of the Commonwealth of Pennsylvania have filed
  with the commission their written consents to such acquisition.
  `Notwithstanding any provision of this agreement, nothing herein contained
  shall be construed to limit or impair any right or power granted or to be
  granted to the Pennsylvania Turnpike Commission or the New Jersey Turnpike
  Authority, to finance, construct, operate, and maintain the Pennsylvania
  Turnpike System or any turnpike project of the New Jersey Turnpike Authority,
  respectively, throughout the Port District, including the right and power,
  acting alone or in conjunction with each other, to provide for the financing,
  construction, operation, and maintenance of one bridge across the Delaware
  River south of the city of Trenton in the State of New Jersey; provided
  that such bridge shall not be constructed within a distance of 10 miles,
  measured along the boundary line between the Commonwealth of Pennsylvania
  and the State of New Jersey, from the existing bridge, operated and
  maintained by the commission, across the Delaware River between the city
  of Philadelphia in the Commonwealth of Pennsylvania and the city of Camden
  in the State of New Jersey, so long as there are any outstanding bonds or
  other securities or obligations of the commission for which the tolls,
  rents, rates, or other revenues, or any part thereof, of said existing
  bridge shall have been pledged. Nothing contained in this agreement shall
  be construed to authorize the commission to condemn any such bridge.
  `Anything herein contained to the contrary notwithstanding, no bridge
  or tunnel shall be constructed, acquired, operated, or maintained by
  the commission across or under the Delaware River north of the boundary
  line between Bucks County and Philadelphia County in the Commonwealth of
  Pennsylvania as extended across the Delaware River to the New Jersey shore
  of said river, and any new bridge or tunnel authorized by or pursuant to
  this compact or agreement to be constructed or erected by the commission
  may be constructed or erected at any location south of said boundary line
  notwithstanding the terms and provisions of any other agreement between
  the Commonwealth of Pennsylvania and the State of New Jersey. Except as may
  hereafter be otherwise provided in conformity with Article IX hereof with
  respect to specific properties designated by action of the Legislatures of
  both of the signatory States, no property or facility owned or controlled
  by the commission shall be acquired from it by any exercise of powers of
  condemnation or eminent domain.'.
  (6) Article XIII of the agreement is amended to read as follows:
  `As used herein, unless a different meaning clearly appears from the context:
  `Port District' shall  mean all the territory within the counties of
  Bucks, Chester, Delaware, Montgomery, and Philadelphia in Pennsylvania,
  and all the territory within the counties of Atlantic, Burlington, Camden,
  Cape May, Cumberland, Gloucester, Ocean, and Salem in New Jersey.
  `Commission' shall mean the Delaware River Port Authority and, when required
  by the context, the board constituting the governing body thereof in charge
  of its property and affairs.
  `Commissioner' shall mean a member of the governing body of the Delaware
  River Port Authority.
  `Economic development activity' or `economic development' means any structure
  or facility or any development within the Port District in connection
  with manufacturing, port-oriented development, foreign trade zone site
  development or research, commercial, industrial, or recreational purposes,
  or for purposes of warehousing or consumer and supporting services directly
  relating to any of the foregoing or to any authority project or facility
  which are required for the sound economic development of the Port District.
  `Terminal' shall include any marine, motor truck, motorbus, railroad, and
  air terminal or garage, also any coal, grain, and lumber terminal and any
  union freight and other terminals used or to be used in connection with
  the transportation of passengers and freight, and equipment, materials,
  and supplies therefor.
  `Transportation facility' and `facilities for transportation of passengers'
  shall include railroads operated by steam, electricity, or other power,
  rapid transit lines, motor trucks, motorbuses, tunnels, bridges, airports,
  boats, ferries, carfloats, lighters, tugs, floating elevators, barges,
  scows, or harbor craft of any kind, and aircraft, and equipment, materials,
  and supplies therefor.
  `Terminal facility' shall include wharves, piers, slips, berths, ferries,
  docks, drydocks, ship repair yards, bulkheads, dock walls, basins, carfloats,
  floatbridges, dredging equipment, radio receiving and sending stations,
  grain or other storage elevators, warehouses, cold storage, tracks, yards,
  sheds, switches, connections, overhead appliances, bunker coal, oil,
  and fresh water stations, markets, and every kind of terminal, storage,
  or supply facility now in use, or hereafter designed for use to facilitate
  passenger transportation and for the handling, storage, loading, or unloading
  of freight at terminals, and equipment, materials, and supplies therefor.
  `Transportation of passengers' and `passenger transportation' shall mean
  the transportation of passengers by railroad or other facilities.
  `Rapid transit system' shall mean a transit system for the transportation
  of passengers, express mail, and baggage by railroad or other facilities,
  and equipment, materials, and supplies therefor.
  `Project' shall mean any improvement, betterment, facility or structure
  authorized by or pursuant to this compact or agreement to be constructed,
  erected, acquired, owned, or controlled or otherwise undertaken by the
  commission. `Project' shall not include undertakings for purposes described
  in Article I, subdivisions (d), (e), (g), (h), and (i).
  `Railroad' shall include railways, extensions thereof, tunnels, subways,
  bridges, elevated structures, tracks, poles, wires, conduits, powerhouses,
  substations, lines for the transmission of power, carbarns, shops, yards,
  sidings, turnouts, switches, stations, and approaches thereto, cars,
  and motive equipment.
  `Bridge' and `tunnel' shall include such approach highways and interests
  in real property necessary therefor in the Commonwealth of Pennsylvania
  or the State of New Jersey as may be determined by the commission to be
  necessary to facilitate the flow of traffic in the vicinity of a bridge or
  tunnel or to connect a bridge or tunnel with the highway system or other
  traffic facilities in said Commonwealth or said State; provided, however,
  that the power and authority herein granted to the commission to construct
  new or additional approach highways shall not be exercised unless and until
  the Department of Transportation of the Commonwealth of Pennsylvania shall
  have filed with the commission its written approval as to approach highways
  to be located in said Commonwealth and the State Highway Department of
  the State of New Jersey shall have filed with the commission its written
  approval as to approach highways to be located in said State.
  `Facility' shall include all works, buildings, structures, property,
  appliances, and equipment, together with appurtenances necessary and
  convenient for the proper construction, equipment, maintenance, and
  operation of a facility or facilities or any 1 or more of them.
  `Personal property' shall include choses in action and all other property
  now commonly, or legally, defined as personal property, or which may
  hereafter be so defined.
  `Lease' shall include rent or hire.
  `Municipality' shall include a county, city, borough, village, township,
  town, public agency, public authority, or political subdivision.
  `Words importing the singular number include the plural number and vice
  versa.
  `Wherever legislation or action by the Legislature of either signatory State
  is herein referred to it shall mean an act of the Legislature duly adopted
  in accordance with the provisions of the Constitution of such State.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.