Page:United States Statutes at Large Volume 81.djvu/588

 554

16 USC looi note,

PUBLIC LAW 90-181-DEC. 8, 1967

[81 STAT.

"Whereas, Surveys made by the Soil Conservation Service of the Ignited States Department of Agriculture indicate that the inhabitants of the four counties named can best be protected from the floodinjr of Wheeling Creek by flood prevention dams constructed thereon with some of the dams being located on the upper reaches of the stream and its tributaries in the Commonwealth of Pennsylvania; and "Whereas, The federal Watershed Protection and Flood Prevention -^^^ of 1954, as amended, authorizes, under certain circumstances, federal assistance to local organizations in preparing and carrying out undertakings for flood prevention and the conservation, development, utilization and disposal of water in watershed or subwatershed areas; and "Whereas, No local organization within the meaning of the federal act aforesaid established by or organized under the laws of West Virginia is competent under state laws to acquire land for, construct, and operate with or without federal assistance flood prevention facilities in the Commonwealth of Pennsylvania, and it appears that no such local organization established by or organized under the laws of the Commonwealth of Pennsylvania can justify the expenditure of locally raised funds to construct and operate flood prevention facilities which will benefit primarily the inhabitants of the neighboring State of West Virginia; and "Whereas, Facilities erected on the upper reaches of Wheeling Creek and its tributaries for flood control and prevention can nevertheless have a recreational value for the citizens of both West Virginia and Pennsylvania and particularly the citizens of Ohio and Marshall Counties. West Virginia, and Washington and Greene Counties, Pennsylvania; accordingly, for purposes of promoting that potential, as well as providing a vehicle or means whereby federal assistance may be enlisted for the protection of citizens of her neighboring State of West Virginia from the flooding of Wheeling (^reek, the ConnnonweaUh of l*eunsylvania joins with the State of West Virginia in negotiating and ratifying this compact; now" therefore, "ARTICLE IL WHEELING CREEK WATERSHED PROTECTION A N D FLOOD PREVENTION DISTRICT CREATED. "The Connnonwealth of Pennsylvania and the State of West Virginia hereby create as an agency and instrumentality of the governments thereof a district to be known as the 'Wheeling (Veek Watershed Protection and Flood Prevention District,' hereinafter called the district, which shall embrace all territory in the Commonwealth of Pennsylvania and the State of West Virginia, the water in which flows ultimately into Wheeling Creek or its tributaries. "ARTICLE IIL WHEELING CREEK WATERSHED PROTECTION A N D FLOOD PREVENTION COMMISSION CREATED. "The Connnonwealth of Pennsylvania and the State of West Virginia hereby create as the governing body of the district the 'Wheeling O e e k AVatershed Protection and Flood Prevention Connnissicm,' hereinafter called the commission, which shall be a body corporate, with the powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the General Assembly of Pennsylvania and the Legislature of West Virginia or by act or acts of the Congress of the United States. "ARTICLE IV. COMPOSITION OF COMMISSION. "The commission shall consist of Ave commissioners from Pennsylvania and five commissioners from West Virginia, each of whom shall

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