Great Lakes Basin Compact 3

Great Lakes Basin Compact

 

Article VII
Each party state agrees to consider the action the Commission recommends in respect to:
Stabilization of lake levels.

Measures for combating pollution, beach erosion, floods and shore inundation.

Uniformity in navigation regulations within the constitutional powers of the states.

Proposed navigation aids and improvements.

Uniformity or effective coordinating action in fishing laws and regulations and cooperative action to eradicate destructive and parasitical forces endangering the fisheries, wildlife and other water resources.

Suitable hydroelectric power developments.

Cooperative programs for control of soil and bank erosion for the general improvement of the Basin.

Diversion of waters from and into the Basin.

Other measures the Commission may recommend to the states pursuant to Article VI of this compact.

Article VIII
This compact shall continue in force and remain upon each party state until renounced by the act of the legislature of such state, in such form and manner as it may choose and as may be valid and effective to repeal a statute of said state, provided that such renunciation shall not become effective until six months after notice of such action shall have been officially communicated in writing to the executive head of the other party states.

Article IX
It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or in the case of a Province, to the British North America Act of 1867 as amended, or the applicability thereof to any state, agency, person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to any state, agency, person or circumstance shall not be affected thereby, provided further that if this compact shall be held contrary to the constitution of the United States, or in the case of a Province, to the British North America Act of 1867 as amended, or of any party state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

State Legislative History
Illinois: (69th GA House Bill, No. 983, 1955)
Indiana: (Chapter 220 (H. 216, Approved March 10, 1955)
Michigan: (Act No. 28, Public Acts of 1955, Approved by Governor April 14, 1955)
Minnesota: (Laws of Minnesota 1955, Chapter 691; S.F. No. 1982)
New York: (Chapter 643, Laws of 1960)
Ohio: (Amended House Bill 415, Effective October 9, 1963, 105 General Assembly)
Pennsylvania: (Act of Pennsylvania General Assembly, No. 421, 1955-56 Session)
Wisconsin: (No. 294 A, Chapter 275, Laws of 1955)

The Commission was officially organized and established December 12, 1955 subsequent to ratification of the compact by five states (Illinois, Indiana, Michigan, Minnesota and Wisconsin). The Commission office was established on the Campus of the University of Michigan in early 1956.

Congressional Consent: Legislation
All interstate compacts require Congressional consent (Article I, Sec. 10, Clause 3, Constitution of the United States) in order to achieve full force and effect. Numerous Bills were considered beginning in 1956. In 1968, Congress enacted S. 660 (PL 90-419) giving limited consent to the compact as follows:

“Public Law 90-419
90th Congress, S 660
July 24, 1968

“An Act
“Granting the consent of Congress to a Great Lakes Basin Compact , and for other purposes.

“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Congress is hereby given, to the extent and subject to the conditions hereinafter set forth, to the Great Lakes Basin Compact which has been entered into by the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin in the form as follows:

“Great Lakes Basin Compact”
(The full text of the State adopted Compact text is included in PL 90-419 at this point.)

“SEC. 2. The consent herein granted does not extend to paragraph B of article II or to paragraphs J, K, and M or article VI of the compact, or to Other provisions of article VI of the compact which purpose to authorize recommendations to, or cooperation with, any foreign or international governments, political subdivisions, agencies or bodies. In carrying out its functions under this Act the Commission shall be solely a consultative and recommendatory agency which will cooperate with the agencies of the United States. It shall furnish to the Congress and to the President, or to any official designated by the President, copies of its reports submitted to the party states pursuant to paragraph O of article IV of the compact.

“SEC. 3. Nothing contained in this Act or in the compact consented to hereby shall be construed to affect the jurisdiction on, powers, or prerogatives of any department, agency, or officer of the United States Government or of the Great Lakes Basin Committee established under title II of the Water Resources Planning Act, or of any international commission or agency over or in the Great Lakes Basin or any portion thereof, nor shall anything contained herein be construed to establish an international agency or to limit or affect in any way the exercises of the treatymaking power or any other power or right of the United States.

“SEC 4. The right to alter, amend, or repeal this Act is expressly reserved. “Approved July 24, 1968.”

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Bills, Great Lakes Basin Compact, Other provisions.


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