Interstate compact

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In the United States, an interstate compact is a pact or agreement between two or more states, or between states and any foreign government. The Compact Clause (Article I, Section 10, Clause 3) of the United States Constitution provides that "No State shall, without the Consent of Congress,... enter into any Agreement or Compact with another State, or with a foreign Power,..."^[1]

The timing for Congressional consent is not specified by the Constitution, so consent may be given either before or after the states have agreed to a particular compact. The consent may be explicit, but it may also be inferred from circumstances. Congress may also impose conditions as part of its approval of a compact.^[2] Congress must explicitly approve any compact that would give a state power that is otherwise designated to the federal government.^[3]

Most early interstate compacts resolved boundary disputes, but since the early 20th century, compacts have increasingly been used as a tool of state cooperation.^[2] In some cases, an agreement will create a new multi-state governmental agency which is responsible for administering or improving some shared resource such as a seaport or public transportation infrastructure.

Interstate compacts are distinct from Uniform Acts, which are model statutes produced by non-governmental bodies of legal experts to be passed by state legislatures independently, rather than constituting an agreement among multiple states.

History[]

Treaties between the states, ratified under the Articles of Confederation during the period after American independence in 1776 until the current U.S. Constitution was ratified in 1789, are grandfathered and treated as interstate compacts. This includes agreements like the Treaty of Beaufort, which set the boundary between Georgia and South Carolina in 1787, and is still in effect.

Prior to 1922, most interstate compacts were either border agreements between states or advisory compacts, the latter of which are tasked with conducting joint studies to report back to the respective state legislatures. With the creation of the Port Authority of New York and New Jersey in 1922, administrative compacts began to develop as a third, more-empowered type of interstate compact, in which persistent governance structures are tasked by member states with conducting designated services.

Today, Virginia is a member of the most interstate compacts at 40, while Hawaii is a member of the fewest at 15.^[4]

Operating agencies created by interstate compact[]

Borders and land/water administration[]

• Atlantic States Marine Fisheries Commission (Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida)^[5]
• Bear River Commission (Idaho, Utah and Wyoming)
• Breaks Interstate Park Commission (Kentucky and Virginia)^[6]
• Colorado River Compact (Colorado, New Mexico, Utah, Wyoming, Nevada, Arizona, and California)^[7]
• (Oregon and Washington)
• Connecticut River Valley Flood Control Commission (Connecticut, Massachusetts, New Hampshire, and Vermont)^[8]
• Delaware River Basin Commission (Pennsylvania, Delaware, New Jersey, and New York)^[9]
• Delaware River Port Authority (Pennsylvania and New Jersey)^[10]
• Delaware River and Bay Authority (Delaware and New Jersey)
• Great Lakes Commission (Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin, plus Canadian provinces of Ontario and Quebec as associate members)
• Gulf States Marine Fisheries Commission (Alabama, Florida, Louisiana, Mississippi, and Texas)
• Interstate Commission on the Potomac River Basin (Maryland, West Virginia, Virginia, Pennsylvania, and District of Columbia)^[11]
• (Connecticut, New Jersey and New York) ^[12]
• Interstate Oil and Gas Compact Commission
• Interstate Wildlife Violator Compact (all states except Hawaii and Massachusetts)
• Northwest Power and Conservation Council (Oregon, Washington, Montana, and Idaho^[13])
• (California, Oregon, Washington, Idaho, and Alaska)
• Palisades Interstate Park Commission (New York and New Jersey)
• Port Authority of New York and New Jersey (New Jersey and New York)^[14]
• Red River Compact Commission (Arkansas, Louisiana, Oklahoma and Texas)^[15]
• Susquehanna River Basin Commission (Pennsylvania, New York, and Maryland)
• Tahoe Regional Planning Agency (California and Nevada)^[16]
• Waterfront Commission of New York Harbor (New Jersey and New York)^[17]

Transportation[]

• Bi-State Development Agency (Missouri and Illinois)
• Washington Metropolitan Area Transit Authority (Maryland, Virginia, and Washington, D.C.)^[18]
• Washington Metropolitan Area Transit Commission (Maryland, Virginia, and Washington, D.C.)^[19]
• Kansas City Area Transportation Authority (Kansas and Missouri)
• (Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Wisconsin)^[20]
• (North Carolina and Virginia)^[21]
• Delaware River Joint Toll Bridge Commission (Pennsylvania and New Jersey)

Other[]

• Interstate Compact on the Placement of Children (all 50 states)
• Western States Pact (California, Colorado, Nevada, Oregon, Washington) ^[22]
• (New Hampshire, Vermont)
• (all states, two territories, and Washington, D.C.)^[23]
• Regional Greenhouse Gas Initiative (Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia)^[24][25]
• Dresden School District (New Hampshire, Vermont)
• Driver License Compact (all states except Georgia, Massachusetts, Tennessee, and Wisconsin)
• Eastern States Multi-state Council (New York, New Jersey, Pennsylvania, Massachusetts, Rhode Island, Connecticut, Delaware)^[26]
• Education Commission of the States (all states (except Washington), three territories, and Washington, D.C.)^[27]
• Electronic Registration Information Center (32 states and Washington, D.C.)
• Emergency Management Assistance Compact (all states, plus Washington, D.C., Puerto Rico, and the U.S. Virgin Islands)
• Multistate Tax Commission (all states except Delaware, Nevada, and Virginia)
• Nurse Licensure Compact (33 states)^[28]
• Recognition of EMS Personnel Licensure Interstate CompAct

Non-operating interstate compacts[]

• National Popular Vote Interstate Compact, which will not take effect until additional states join the compact
• Northeast Interstate Dairy Compact, cancelled in 2001 by an act of Congress
• Transportation Climate Initiative,^[25] a proposed compact among the same states as the Regional Greenhouse Gas Initiative

See also[]

Wikimedia Commons has media related to Interstate compacts of the United States.

• Enhanced cooperation, a similar system in the European Union
• Occupational licensing, a more recent focus of newer interstate compacts

References[]