[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1146 Introduced in House (IH)]







110th CONGRESS
  2d Session
H. RES. 1146

     Expressing the sense of the House of Representatives that the 
 International Joint Commission should adopt a water level management 
 plan for Lake Ontario and the St. Lawrence River that strongly takes 
   into account environmental considerations and the concerns of the 
 public and the affected States and maximizes hydropower production at 
 existing facilities, and further urges the Secretary of State not to 
                  approve a plan that fails to do so.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 24, 2008

  Mr. McHugh (for himself and Ms. Slaughter) submitted the following 
 resolution; which was referred to the Committee on Transportation and 
 Infrastructure, and in addition to the Committee on Foreign Affairs, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                               RESOLUTION


 
     Expressing the sense of the House of Representatives that the 
 International Joint Commission should adopt a water level management 
 plan for Lake Ontario and the St. Lawrence River that strongly takes 
   into account environmental considerations and the concerns of the 
 public and the affected States and maximizes hydropower production at 
 existing facilities, and further urges the Secretary of State not to 
                  approve a plan that fails to do so.

Whereas the United States and the Dominion of Canada signed the Boundary Waters 
        Treaty of 1909 (the Treaty), which provided for the creation of the 
        International Joint Commission (IJC) to help resolve and prevent 
        disputes concerning water quantity and quality along the boundary 
        between the United States and Canada throughout the Great Lakes and St. 
        Lawrence River;
Whereas the Treaty states ``In cases involving the elevation of the natural 
        level of waters on either side of the line as a result of the 
        construction or maintenance on the other side of remedial or protective 
        works or dams or other obstructions in boundary waters flowing there 
        from or in waters below the boundary in rivers flowing across the 
        boundary, the Commission shall require, as a condition of its approval 
        thereof, that suitable and adequate provision, approved by it, be made 
        for the protection and indemnity of all interests on the other side of 
        the line which may be injured thereby'';
Whereas the environment of Lake Ontario and the St. Lawrence River should be 
        considered an interest;
Whereas the Order of Approval (the Order), which provides specific parameters 
        for the water levels on Lake Ontario and the St. Lawrence River, was 
        adopted by the governments of Canada and the United States in 1952 and 
        amended in 1956 to reflect the development of power in the International 
        Rapids Section of the St. Lawrence River;
Whereas the existing Order has resulted in the substantial derogation of at 
        least 33,000 acres of wetlands, allowing a thick cattail monoculture to 
        expand and replace large areas of biodiverse meadow marsh, resulting in 
        the loss of habitat for a wide range of aquatic, avian, and upland 
        species;
Whereas in 1999, it was recognized that the current Order was insufficient and 
        therefore the five year, $20,000,000 International Lake Ontario-St. 
        Lawrence River Study was conducted, with the assistance of agencies, 
        including the Environmental Protection Agency, the National Oceanic and 
        Atmospheric Administration, the Fish and Wildlife Service, the Army 
        Corps of Engineers, and Environment Canada;
Whereas on January 12, 2005, the International Lake Ontario-St. Lawrence River 
        Study adopted the goal that ``decision-making with respect to the 
        development of the Lake Ontario-St. Lawrence River System Criteria and 
        Plans will be transparent, involving and considering the full range of 
        interests affected by any decisions with broad stakeholder and public 
        input'';
Whereas on May 12, 2005, the Secretary of the United States section of the IJC, 
        Elizabeth C. Bourget, and the Secretary of the Canadian section of the 
        IJC, Murray Clamen, directed the Upper Great Lakes ``Plan of Study'' 
        Revision Team to ``incorporate lessons learned from the International 
        Lake Ontario-St. Lawrence River Study'';
Whereas on May 31, 2006, three proposed water level management plans were 
        presented to the public for comment: Plan A+ proposed that the water 
        levels of Lake Ontario and the St. Lawrence River be stringently 
        regulated, Plan B+ proposed that the water levels be returned to a more 
        natural rhythm which existed before the pre-project system, and Plan D+ 
        proposed minor changes to the existing regulation plan to minimize 
        losses to any one interest area;
Whereas the IJC conducted a public comment period on the three proposed plans 
        which concluded on September 15, 2006;
Whereas on June 14, 2007, the IJC announced a new regime would be selected on 
        September 17, 2007;
Whereas on September 10, 2007, the IJC announced that it would extend the period 
        of consultation to allow more time for discussions with government in 
        the Lake Ontario and St. Lawrence River basin;
Whereas on March 28, 2008, the IJC announced Plan 2007, which had not previously 
        been submitted to the public for comment or fully vetted by the 
        scientific community and the State of New York, as the proposed water 
        level management plan for Lake Ontario and the St. Lawrence River;
Whereas all territory of the United States regulated by the Order is exclusively 
        within the domain of the State of New York;
Whereas Plan 2007, which closely mirrors the existing regime, does not provide 
        the same measure of environmental benefits as those proposed by Plan B+;
Whereas Plan 2007 does not allow for the same high levels of hydropower 
        production as those proposed by Plan B+;
Whereas hydropower is a low-cost, abundant, and renewable source of energy for 
        power generation; and
Whereas the approval of the Secretary of State, acting as the agent of the 
        United States Government, is needed before a new water level management 
        plan is adopted: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the IJC's proposed Plan 2007 does not provide the 
        necessary level of environmental protections and benefits for 
        Lake Ontario and the St. Lawrence River;
            (2) the views of the public and the State which has 
        jurisdiction of waters to be regulated must be fully considered 
        when a new plan for the management of water levels is selected;
            (3) any water level management plan should make every 
        effort to maximize hydropower production at existing 
        facilities; and
            (4) the Secretary of State should not approve a water level 
        management plan if the criteria set forth in paragraphs (1) 
        through (3) are not met.
                                 <all>