A Study of the Park and Recreation Problem of the United States

Cover

Contents

Foreword

Supplemental Foreword

Introduction

Recreational Habits and Needs

Aspects of Recreational Planning

Present Public Outdoor Recreational Facilities

Administration

Financing

Legislation

A Park and Recreational Land Plan

A Study of the Park and Recreation Problem of the United States

INTERSTATE COMPACTS

The United States Constitution expressly provides that no State can, without the consent of Congress, enter into any agreement or compact with another State. Subject to such consent, however, it is well settled that the States may enter into any compact or agreement they see fit with each other. But the Constitution does not state when the consent of Congress must be given; whether it must precede or may follow the compact made, or whether it must be expressed or may be implied.

In general it may be said that no compact between States has been invalidated by reason of the absence of Federal consent. The presumption is that any agreement between two States requires the approval of Congress, subject to a showing that it is not in conflict with any Federal interest. The form of consent, however, is not fixed, and may precede or follow the agreement, and, in some cases, may be implied.

While it is thus open to some question whether the assent of Congress is required to every possible kind of compact or agreement which two or more States may make with each other, all doubt on the question of compacts or agreements respecting park, parkway, and recreational areas has been definitely removed by the act of Congress approved June 23, 1936 (49 Stat. 1894), which provides as follows (section 3):

The consent of Congress is hereby given to any two or more States to negotiate or enter into compacts or agreements with one another with reference to planning, establishing, developing, improving, and maintaining any park, parkway, or recreational area. No such compact or agreement shall be effective until approved by the legislatures of the several States which are parties thereto and by the Congress of the United States.

This enactment would appear to reflect the sense of Congress that such compacts properly require its consent and approval; that a Federal interest is involved. However that may be, in giving its prior consent to the negotiating and concluding of such compacts, the enactment definitely reflects a recognition by the Federal Government of the importance of interstate compacts in the field of recreation.

Interstate compacts as a means of furthering the mutual interests of the participating States have long been resorted to. Such agreements have been made since the formation of the Constitution, and, indeed, even before its adoption. But no compact respecting any park, parkway, or recreational area had been concluded prior to 1937, at which time the Palisades Interstate Park Commission was created as a joint corporate municipal instrumentality of the States of New York and New Jersey to manage and operate both the New York and New Jersey sections of the Palisades Interstate Park. This compact was subsequently ratified by the Seventy-fifth Congress. The same Congress also approved an interstate compact or agreement between the State of Ohio and the Commonwealth of Pennsylvania relating to the development, use and control of the Pymatuning Lake for fishing, hunting, and recreational purposes, and which had previously been ratified and approved by the respective General Assemblies.

Palisades Interstate Park was established in 1900. Under the New York enactment provision was made for a board of ten commissioners, five of whom were required to be citizens of the State of New York, and five of whom may be residents of the State of New Jersey. Under the provisions of the New Jersey enactment provision was likewise made for ten commissioners, five of whom were required to be citizens of that State. In laying out and maintaining the park, each Commission was directed to give regard to the laying out and maintenance of such park as may be established by the other State along the Palisades and Hudson River, so as to form, as far as may be, a continuous park.

The relationship thus created has been referred to as an interstate compact. This, however, is erroneous. While it was the obvious purpose, and has been the practice, to appoint identical members to the two separate commissions, this policy rested upon comity, and without legal assurance that it would be continued. It was this lack of permanency, together with administrative and operating problems which had developed during the 36 years of the park's existence, that led to the adoption of the compact.

Resort to interstate compacts as a means of meeting the increasing demand for additional and extensive park, parkway, and recreational areas is feasible, logical, and of distinct advantage to the participating States. There are many interstate areas throughout the Nation possessing inherent or potential park and recreational values, but which, because of legal and practical barriers, cannot be acquired in entirety by any one State. Where territorial barriers preclude one State from acting alone, a single authority makes possible acquisition of the area as a unit. Once acquired, permanency of administration is assured. Administration, development, and maintenance of the area as a single unit by a single authority, equally representative of the participating States, insures uniformity in keeping with the highest park standards, and from which substantial economies should be realized. Cooperation with other agencies, Federal, State, and local, is simplified. Police officers will be unhampered by State boundary lines. The advantages of a mobile police force, with uniform jurisdiction and authority over the whole area, are obvious. Matters of personnel, taxation, rules, orders, regulations, gifts, trusts, charges, revenue, and kindred matters commonly attending park administration and operation, readily lend themselves to definite and satisfactory solution. No participating State need surrender or subordinate its powers or prerogatives to the other. Authority deemed incompatible with the purposes and objectives of the compact may be withheld. Appropriations, both as to amount and purpose, are determinable by the legislature of each State. While a primary purpose of such compacts is to insure permanency of administration, it is open to the participating States to stipulate the terms upon which the compact may be terminated. On the other hand, added authorities and duties may be conferred by a participating State, to be exercised exclusively within its territorial limits, without the necessity of concurrence by the other. Additional jurisdiction, authority, and duties may be conferred by action of the participating States. The compact, once adopted, becomes a contract protected by the Federal Constitution against legislation impairing its obligations.

Figure 47.—Palisades Interstate Park, New York and New Jersey.

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Last Modified: Mon, Aug 9 2004 10:00:00 pm PDT
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