[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Extensions of Remarks]
[Pages 6991-6993]
[From the U.S. Government Publishing Office, www.gpo.gov]




 INTRODUCTION OF A RESOLUTION TO OPPOSE THE IJC'S PROPOSED WATER LEVEL 
                            MANAGEMENT PLAN

                                 ______
                                 

                          HON. JOHN M. McHUGH

                              of new york

                    in the house of representatives

                        Thursday, April 24, 2008

  Mr. McHUGH. Madam Speaker, I rise today to introduce a resolution 
concerning the International Joint Commission, IJC, and water level 
management on Lake Ontario and the St. Lawrence River. I am deeply 
disappointed that it has come to the point where such action by 
Congress is necessary.
  I have the distinct privilege of representing the entirety of the 
American span of the St. Lawrence River, as well as a significant 
portion of Lake Ontario. As a native of the area, I cannot emphasize 
enough the importance of the selection of an appropriate water level 
management plan to my constituents who live, work, and vacation along 
Lake Ontario and the St. Lawrence River.
  The Great Lakes represent the largest supply of fresh water on the 
planet and this vast supply of fresh water flows out to the saltwater 
of the Atlantic Ocean via the St. Lawrence River. However, following 
the completion of the St. Lawrence Seaway and the Moses-Saunders Power 
Project in the 1950's, there was no choice but to come up with a plan 
for ``artificially'' regulating this outflow. Unfortunately, the 
current water level regulation plan, known as ``1958 D with 
Deviations,'' has resulted in significant negative environmental 
impacts on fisheries and wildlife throughout the region I represent in 
Congress. For example, the current regime 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.
  Since 2000, the IJC's International Lake Ontario St. Lawrence River, 
LOSL, study has spent more than $20 million in taxpayer money to 
develop an approach to water level regulation that would best suit the 
environmental and economic needs of this vital natural resource. And, 
over the years, the IJC has devised plan after plan to achieve that 
goal--soliciting extensive public comment to fully vet these proposals 
with the residents who are most affected. Yet, for all of that effort, 
the IJC has chosen to waste years of research and millions of dollars 
in taxpayer money, in addition to ignoring significant amounts of 
public comment, by proposing a brand new water levels regime ``Plan 
2007.'' Moreover, I am very concerned that the lack of transparency in 
the IJC final development of ``Plan 2007'' was created in the shadows 
and with little or no outside input.
  It is clear to anyone living in this region that the wrong approach 
to water level regulation can have significant negative impacts. We 
have all seen firsthand the devastating consequences that the existing 
regime has had on the environment. The status quo is simply 
unacceptable. We need a comprehensive and effective approach to 
regulate the water levels of both Lake Ontario and the St. Lawrence 
River. Thus, like many residents along the lake and river, I invested 
time and effort to support the approach I believed best met the 
environmental and economic requirements of the region--Plan B+. I 
believe B+ appropriately balances sound environmental principles with 
the needs of both residents and recreational boaters, while, at the 
same time, providing benefits for the Moses-Saunders Power Project.
  Virtually every regional and environmental organization that has 
examined this process agree that Plan B+ is based on sound scientific 
principles and is the one approach that best meets all the needs of the 
various stakeholders. Unfortunately, despite the public vetting of 
three proposed plans, on March 28, 2008, the IJC released ``Plan 
2007,'' which had not previously been submitted to the public for 
comment or fully evaluated 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.
  Plan 2007 does little to improve the existing water level management 
plan, both in terms of environmental protection and hydropower 
generation. Further, lessons learned from the LOSL Study will be used 
for the Upper Great Lakes Study to examine water levels on the St. 
Claire River and Lakes Ontario and Huron.
  Therefore, today, along with the Gentlewoman from Western New York, 
Mrs. Slaughter, a co-chair of the Great Lakes Task Force and trained 
biologist, I am introducing a resolution which calls on the Secretary 
of State to not approve Plan 2007. It further asks that the Secretary 
ensure that any plan which is adopted provide adequate environmental 
protection, maximize hydropower generation, and fully considers the 
views of the public and affected state governments.
  For the Record, I am including letters of support for this resolution 
from Alcoa-Massena Operations; Alliance for the Great Lakes; American 
Rivers; Audubon; Audubon New York; Buffalo Niagara Riverkeeper; 
Citizens Campaign for the Environment; Ducks Unlimited--Great Lakes 
Region; Environmental Advocates of New York; Freshwater Future; 
Georgian Baykeeper for Georgian Bay Association and Foundation; Great 
Lakes Sport Fishing Council; Great Lakes United; International 
Association for Great Lakes Research; International Water Level 
Coalition; Izaak Walton League--New York Division; Michigan United 
Conservation Clubs; Midwest Environmental Advocates; National Wildlife 
Federation--Great Lakes; Save the River/Upper St. Lawrence Riverkeeper; 
The Nature Conservancy--New York; The New York State Conservation 
Council; Thousand Islands Land Trust; and Wisconsin Council of Trout 
Unlimited.
  I urge my colleagues to join with Mrs. Slaughter and me as cosponsors 
of this resolution. I will continue to work with my colleagues and my 
constituents by using every legislative tool at my disposal to ensure 
that the St. Lawrence River and Lake Ontario continue to be vibrant 
natural resources for future generations.

                                             Alcoa Primary Metals/


                                 Global Hard Alloy Extrusions,

                                      Massena. NY, April 22, 2008.
     Congressman John M. McHugh,
     Rayburn Office Building,
     Washington, DC.
       Dear Congressman McHugh: As a major North Country employer 
     dependent upon hydropower for our production operations, we 
     have a strong interest in the future of the St. Lawrence 
     River and have closely followed the debate over various water 
     level regulation plans.
       We concur with you that it is imperative a plan be adopted 
     by the International Joint Commission that takes into account 
     environmental considerations and the concerns of the public, 
     while at the same time maximizing hydropower production. As 
     you recognize, all three of these issues--environmental 
     considerations, public concerns regarding recreational uses 
     and hydropower--are closely linked to the economy of this 
     region. A St. Lawrence River water level management plan 
     should clearly address these concerns in consideration of the 
     economic future of the North Country.
       We fully support your resolution regarding a water levels 
     management plan that takes these three issues into account.
           Sincerely,

                                            Wesley Oberholzer,

                                         Primary Location Manager,
     Alcoa Massena Operations.
                                  ____



                                              American Rivers,

                                   Washington, DC, April 22, 2008.
     Hon. John M. McHugh,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
     Hon. Louise McIntosh Slaughter,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representatives McHugh and Slaughter: On behalf of our 
     65,000 members and supporters, I am writing in support of 
     your resolution expressing the sense of the U.S. House of 
     Representatives that the International Joint Commission (IJC) 
     should adopt an appropriate water level management plan for 
     Lake Ontario and the St. Lawrence River.
       On April 17th, American Rivers named the St. Lawrence River 
     as one of our Most Endangered Rivers of 2008. This annual 
     report highlights the rivers of our nation that are facing 
     the most uncertain futures. This year, the International 
     Joint Commission has an opportunity to revise the deleterious 
     50-year-old water management plan for the Moses-Saunders Dam. 
     The current plan has severely degraded river health and is 
     threatening the river's lucrative tourism and recreation 
     economy, and quality of life. The IJC must adopt a plan that 
     provides 21st century solutions that benefit the millions of 
     people who depend upon the river.
       Research conducted by more than 180 scientists from the 
     U.S. and Canada discovered

[[Page 6992]]

     that the current plan, which severely limits natural water 
     level fluctuations, has significantly impacted the river 
     environment. These conditions can be reversed by allowing the 
     river to have a more natural flow as is proposed by Plan B+, 
     a plan currently before the IJC. Plan B+ is widely supported 
     by federal and state agencies, including the U.S. Fish and 
     Wildlife Service, U.S. Environmental Protection Agency, 
     Environment Canada and the New York Departments of 
     Environmental Conservation and State, as well as numerous 
     scientists, environmental groups, and federal, state and 
     local lawmakers.
       Thank you for introducing this resolution and for your 
     leadership in ensuring that the most appropriate water level 
     management plan is chosen for the Lake Ontario-St. Lawrence 
     system.
           Sincerely,
                                                Rebecca R. Wodder,
     President.
                                  ____



                                       The Nature Conservancy,

                                       Albany, NY, April 21, 2008.
     Congressman John McHugh,
     House of Representatives, Rayburn HOB, Washington, DC.
     Congresswoman Louise Slaughter,
     House of Representatives, Rayburn HOB, Washington, DC.
       Dear Congressman McHugh and Congresswoman Slaughter: On 
     behalf of the 65,000 members of The Nature Conservancy in New 
     York, I write in strong support of your resolution on an 
     environmentally sound and economically beneficial regulation 
     plan for Lake Ontario and the St. Lawrence River.
       The 650-mile coastline of Lake Ontario and the upper St. 
     Lawrence River constitutes the largest coastal environment in 
     New York State. Lake Ontario and the upper River harbor more 
     than 64,000 acres of coastal wetlands, extensive barrier 
     beaches, and other coastal habitats that have been shaped 
     over thousands of years by the ebb and flow of the lake and 
     river.
       Sound water management is an essential step in preserving 
     the ecological health of freshwater ecosystems like Lake 
     Ontario. Healthy ecosystems enhance our quality of life, and 
     provide the foundation for a healthy economy.
       After six years of study, with stakeholder consultation and 
     exemplary science, the International Joint Commission (IJC) 
     has an historic opportunity to exercise principles of sound 
     water management in the regulation of Lake Ontario/St. 
     Lawrence.
       However, the proposed new regulation plan released for 
     public comment by the IJC--Plan 2007--does not restore the 
     30-year cycles that maintained the wetlands and dunes of Lake 
     Ontario's coast prior to advent of water level regulation 50 
     years ago. The IJC's own 6-year study demonstrated that 
     restoration of these age-old cycles could provide clear 
     ecosystem benefits, and also economic benefits to the people 
     of the basin.
       An alternative regulation plan that achieves these 
     benefits--Plan B+--was developed by the IJC study. The 
     approach to water management of Plan B+ is to mimic Lake 
     Ontario's natural hydrologic rhythm while dampening the 
     extremes of high and low levels that can lead to economic 
     damages.
       By suggesting a pathway toward the much greater 
     environmental improvements of Plan B+, the IJC recognizes the 
     scientific basis for the broad support this plan has received 
     from the State of New York and from federal and state/
     provincial agencies and NGOs in the U.S. and Canada.
       Your resolution takes an important step toward adoption of 
     a regulation plan that provides ecosystem benefits, addresses 
     the concerns of the public and the State of New York, and 
     increases the economic benefits from hydropower production 
     for all New Yorkers. The Nature Conservancy thanks you for 
     your initiative in developing this resolution, and we will 
     join with partner organizations to bring concerned citizens 
     to the public hearings in support of your efforts.
           Sincerely,
                                                   Kathleen Moser,
      Acting State Director.
                                  ____



                                             Audubon New York,

                                       Albany, NY, April 21, 2008.
     Hon. Louise Slaughter,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
     Hon. John McHugh,
     House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Congresswoman Slaughter and Congressman McHugh, On 
     behalf of Audubon New York and the National Audubon Society, 
     we write to you today in strong support of your resolution 
     calling for a strong, environmentally sustainable water level 
     management regulation to be developed for Lake Ontario and 
     the St. Lawrence River. This strong and timely resolution 
     sends a clear message that the environmental needs of the 
     Great Lakes Ecosystem must be adequately addressed and 
     protected before any such regulation developed by the 
     International Joint Commission (IJC) is approved.
       As you are aware, the Great Lakes are an amazing natural 
     resources that is critical not only to the region's birds and 
     other wildlife, but to the economy and quality of life of the 
     42 million people that live within its watershed. More than 
     300 different bird species call the Great Lakes their home, 
     but due to a host of factors, especially the loss of coastal 
     wetland habitat, the populations of many of these species are 
     in serious decline.
       Specifically in the Lake Ontario/St. Lawrence River 
     ecosystem, as your resolution points out, over the last fifty 
     years since the IJC began regulating water levels we have 
     observed a fifty percent loss of coastal wetlands in the 
     region. The loss of these important habitats not only reduces 
     nesting availability for many species of birds, but also 
     reduces food availability through the loss of important fish 
     spawning grounds.
       It is very unfortunate that the IJC has missed this 
     important opportunity to reverse the decades of decline, and 
     develop a regulation that restores a more natural flow and 
     fluctuation of water levels in Lake Ontario and the St. 
     Lawrence River, which is needed to sustain these important 
     coastal ecosystems. By ignoring the findings of their six 
     year, $20 million study and proposing ``Plan 2007'', the IJC 
     is proposing to maintain the status quo and change little 
     from the current management plan. ``Plan 2007'' will not 
     restore the natural cyclical rhythms of Lake Ontario and the 
     St. Lawrence River as was proposed in ``Plan B+'', the widely 
     supported management proposal developed in the IJC Study that 
     would provide significant environmental improvements to the 
     region.
       Audubon New York and the National Audubon Society applauds 
     your attention to the need to restore the coastal ecosystems 
     of Lake Ontario and the St. Lawrence River, and strongly 
     supports your resolution calling for the adoption of a 
     regulation that provides ecosystem benefits, and addresses 
     the concerns of the public and the State of New York. We 
     thank you for your strong efforts on this critical issue, and 
     look forward to working with you and our partners throughout 
     the region to ensure a sound environmental plan is 
     implemented.
           Sincerely,
                                                Albert E. Caccese,
                                               Executive Director.
                                                     John Flicker,
     President.
                                  ____



                                              Ducks Unlimited,

                                    Ann Arbor, MI, April 17, 2008.
     Congressman John McHugh,
     House of Representatives, Rayburn HOB, Washington, DC.
     Congresswoman Louise Slaughter,
     House of Representatives, Rayburn HOB, Washington, DC.
       Dear Congressman McHugh and Congresswoman Slaughter: On 
     behalf of the 16,000 Ducks Unlimited members in New York, I 
     would like to thank you for your initiative on developing the 
     resolution regarding the water level management plan for Lake 
     Ontario and the St. Lawrence River. As you know, DU has been 
     engaged in this issue for many years, and strongly encouraged 
     the International Joint Commission to adopt Plan B+ for 
     future water level management of the Lake Ontario/St. 
     Lawrence system. In our scientific opinion. Plan B+ delivered 
     the best overall environmental, economic and social benefits 
     to all affected interests.
       In our opinion, Plan 2007 as presented by the IJC does not 
     go far enough to remedy the past management regime, nor look 
     forward enough to ensure multiple future benefits for the 
     majority of affected people and resources. DU is mobilizing 
     our membership to be present at the public information 
     sessions and public hearings scheduled by the IJC so that our 
     voice will be heard.
       Therefore, Ducks Unlimited supports your bi-partisan House 
     Resolution calling for the IJC to increase the level of 
     environmental protections and benefits, fully consider the 
     views of the public and State of New York when selecting the 
     new plan, and maximize hydropower production (in line with 
     Plan B+). Again, thank you for your leadership on this issue, 
     and rest assured that Ducks Unlimited will be following this 
     important environmental issue very closely.
           Sincerely,
                                                   Ray Whittemore,
     Director of Conservation Programs.
                                  ____

                                                   April 22, 2008.
     Hon. John McHugh,
     House of Representatives,
     Washington, DC.
     Hon. Louise M. Slaughter,
     House of Representatives,
     Washington, DC.
       Dear Congressman McHugh and Congresswoman Slaughter, We, 
     the undersigned organizations, are writing to express our 
     support for the house resolution you've developed that urges 
     the International Joint Commission to adopt a water 
     management plan for the St. Lawrence River and Lake Ontario 
     that takes into consideration environmental needs and the 
     concerns of the public and affected States and urges the 
     Secretary of State to reject any plan that does not do so.
       Since the completion of the Moses-Saunders hydropower dam 
     50 years ago, the Lake Ontario and St. Lawrence River 
     ecosystems have suffered consistent losses to their globally 
     significant biodiversity due to unnatural and damaging water 
     levels regulation.

[[Page 6993]]

     The current, 50 year-old regulation scheme has artificially 
     constrained water levels, resulting in considerable damage to 
     more than 50% of the region's coastal wetlands and 
     significant impacts to many fish species and nesting water 
     birds.
       After more than five years of study funded by $20-million 
     taxpayer dollars, the IJC has the information necessary to 
     select a scientifically-based and publicly supported 
     management plan that would deliver significant environmental 
     improvements to the region. Instead, the IJC has turned its 
     back on the Lake and River environment by proposing a plan--
     Plan 2007--that continues, and perhaps even worsens, the 
     environmental destruction of the Lake and River.
       In a time of unprecedented momentum towards restoring the 
     Great Lakes-St. Lawrence system, the actions by the IJC that 
     would reverse restoration programs are unacceptable.
       We applaud your efforts to ensure that the environment of 
     the St. Lawrence River and Lake Ontario are protected from 
     further damage. By introducing and supporting this 
     resolution, you are sending a strong signal to the 
     International Joint Commission that the status quo. which has 
     resulted in the significant losses of wetlands throughout the 
     River and Lake ecosystem, is not acceptable.
           Sincerely,
         Jennifer Caddick, Executive Director, Save The River/
           Upper St. Lawrence Riverkeeper; Joel Brammeier, Vice 
           President for Policy, Alliance for the Great Lakes; 
           April H. Gromnicki, Esq., Director, Ecosystem 
           Restoration, Audubon; Albert E. Caccese, Executive 
           Director, Audubon New York; Julie M. Barrett O'Neill, 
           Esq., Riverkeeper and Executive Director, Buffalo 
           Niagara Riverkeeper; Dereth Glance, Executive Program 
           Director, Citizens Campaign for the Environment; Gildo 
           M. Tori, Director of Public Policy, Ducks Unlimited; 
           Katherine Nadeau, Water & Natural Resources Program 
           Associate, Environmental Advocates of New York; Jill 
           Ryan, Executive Director, Freshwater Future; Mary 
           Muter, Vice President, Environment, Georgian Baykeeper 
           for Georgian Bay Association and Foundation; Thomas 
           Marks, NY Director, Great Lakes Sport Fishing Council.
         John Jackson, Director, Clean Production, Great Lakes 
           United; Robert A. Sweeney, PhD, Executive Director, 
           International Association for Great Lakes Research; 
           Nancy Foster, Secretary, International Water Levels 
           Coalition; Les Monostory, President, New York Division, 
           Izaak Walton League; Robert M. Borchak, Director at 
           Large, Michigan United Conservation Clubs; Karen M. 
           Schapiro, Executive Director, Midwest Environmental 
           Advocates; Andy Buchsbaum, Regional Executive Director, 
           National Wildlife Federation; Harold L. Palmer, 
           President, New York State Conservation Council; Aaron 
           R. Vogel, Executive Director, Thousand Islands Land 
           Trust; Bill Pielsticker, Legislative Chair, Wisconsin 
           Council of Trout Unlimited.

                          ____________________