Expresses the sense of the House of Representatives that: (1) the International Joint Commission'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 that 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 plan that fails to meet such criteria.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing 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>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E715-716)
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.
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.
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.
Referred to the Subcommittee on Water Resources and Environment.
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