others; cooperating with the Governments of the United States and Canada and with other public bodies; and, upon request, assisting in the formulation of treaties and other agreements between the United States and Canada. The Department of State has raised a number of serious objections to the compact. In view of this we are unable to recommend enactment of S. 2688, notwithstanding the interest of this Department in accomplishing many of the various worthwhile objectives which it includes. Since the document will probably have to be reconsidered by the negotiators, we recommend that consideration be given to a specific mention of fish and wildlife among the uses of water spelled out in article I, paragraph 4, and to including elsewhere in the compact (probably in art. VI) explicit authority for the Commission to consult with Federal agencies on matters of mutual interest. Such consultation, we believe, should begin early in any planning program and should be carried on as continuously as circumstances permit. We assume that the Commission will wish such consultation and we will, to the best of our ability, be glad to provide it. We offer only one other comment on S. 2688 for your consideration, namely, a suggestion that the words "and approval” in line 3, page 1, be deleted. Although these words appear to be harmless in the present context, it would be better, we believe, to adhere to the language of the Constitution which requires only congressional "consent." The Bureau of the Budget has advised that there would be no objection to the submission of this report to your committee. Sincerely yours, Hon. WALTER F. GEORGE, FRED G. AANDAHL, Assistant Secretary of the Interior. Chairman, Committee on Foreign Relations, United States Senate. DEAR MR. CHAIRMAN: Reference is made to your request to the Secretary of Defense for the views of the Department of Defense with respect to S. 2688, 84th Congress, a bill granting the consent and approval of Congress to a Great Lakes Basin compact, and for related purposes. The Secretary of Defense has delegated to the Department of the Army the responsibility for expressing the views of the Department of Defense thereon. The Department of the Army on behalf of the Department of Defense has considered the above-mentioned bill. The purpose of the bill is to give the consent of Congress to any and all of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin to enter into a Great Lakes Basin compact substantially in the form as set forth in the bill, and also to enter into such a compact with the Canadian Provinces of Ontario and Quebec. principal purpose of the compact is stated to be to promote the orderly and comprehensive development and use of the water resources of the Great Lakes Basin, to be accomplished through an agency to be known as the Great Lakes Commission. The The Secretary of the Army, through the Corps of Engineers has responsibility under existing law for development of water resources for navigation, flood control, and related purposes. Many United States ports in the Great Lakes area have been improved to meet the needs of navigation, and, in addition, investigations considering the advisability of further improvement, in the interests of navigation and flood control, have been completed recently or are now pending. Furthermore, the St. Lawrence Seaway Development Corporation, which is also under the supervision of the Secretary of the Army, has a vital interest in the development of the Great Lakes Basin for navigation purposes. In view of the Department of the Army's interest in the development of the water resources of the Great Lakes Basin and the use of certain areas of the basin by the Department of the Air Force for aerial gunnery operations, this Department suggests that S. 2688 be revised to provide for consultation with Federal agencies having jurisdiction over subjects with which the compact is to be concerned. In order to assure proper coordination with Federal activities, the Department of the Army suggests that the committee may desire to give consideration to making provision for Federal representation on the Commission. The attention of the committee is invited to the fact that many of the subjects which would be considered by the Commission already come within the jurisdiction of the International Joint Commission established by the Boundary Waters Treaty of 1909 between the United States and Great Britain. While the functions under the compact would largely be consultative, it would appear that there may be duplication of effort with matters under the jurisdiction of the International Joint Commission. Although clarification of the functions of the compact Commission might thus be considered advisable, this Department suggests that a Federal representative might contribute toward avoidance of such duplication of effort and functions through his recommendations as to matters which would be appropriate for consideration by the Commission created by the compact, even in the absence of any revision of the purposes as now set forth. Subject to possible revision to conform to the above suggestions, the Department of the Army on behalf of the Department of Defense would have no objection to the enactment of S. 2688. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that there is no objection to the submission of this report. Sincerely yours, WILBER M. BRUCKER, FEDERAL POWER COMMISSION REPORT ON S. 2688, 84TH CONGRESS A bill granting the consent and approval of Congress to a Great Lakes Basin compact, and for related purposes This bill would give congressional consent to the entering into of a Great Lakes Basin compact between representatives of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Pennsylvania, and with the Provinces of Ontario and Quebec, or either of them. The compact would establish a Commission composed of Commissioners representing the Great Lakes States and the Provinces of Ontario and Quebec, with power to consider problems relating to the water resources of the Great Lakes Basin and to recommend programs and policies to the respective State and Provincial governments of the United States and Canada. The functions and authority conferred on the Commission are intended to be factfinding, advisory, and recommendatory, including, among others, the collection, correlation, interpretation, and reporting of data relating to water resources and improvements for the development, use, and conservation of such water resources. It is further provided that each party to the compact agrees to consider whatever action the Great Lakes Commission recommends with respect to such matters as stabilization of lake levels, water diversion, and suitable hydroelectric power developments. The activities of the Great Lakes Commission as proposed in S. 2688 would appear to duplicate in some respects the work of the International Joint Commission which was established by the Boundary Waters Treaty of January 11, 1909, between the United States and Great Britain, relating to the boundary waters between the United States and Canada (Treaty Series 548; 36 Stat. 2448). Pursuant to that authority, the International Joint Commission is given jurisdiction to investigate and make recommendations with respect to the uses, obstructions, and diversions of boundary waters, including related works of improvement. It is therefore suggested that consideration be given to the advisability of clarifying the functions of the proposed Great Lakes Commission in relation to those of the International Joint Commission. Also the functions of the newly created Great Lakes Commission would undoubtedly encompass matters pertaining to the development and utilization of hydroelectric power within the area affected. Since a very substantial part of the work of the Federal Power Commission, namely, that under part I of the Federal Power Act, is directly concerned with the issuance of licenses to non-Federal interests for the construction, operation, and maintenance of water power projects, and with the allied activities of studying and investigating river basins and making power market surveys, it is recommended that the bill provided that the Great Lakes Commission shall consult and cooperate with the Federal Power Commission and any other interested Federal agencies. The Commission recognizes that the wisdom of establishing a Great Lakes Commission as proposed in S. 2688 is essentially a question of congressional policy, but suggests that consideration be given to possible amendment of the bill alon the lines discussed herein. FEDERAL POWER COMMISSION, By JEROME K. KUYKENDALL, Chairman. Hon. WALTER F. GEORGE, ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION, Chairman, Committee on Foreign Relations, DEAR MR. GEORGE: In response to your letter of August 1, enclosing copy of a bill known as Great Lakes Basin Compact, S. 2688, we are pleased to express briefly our opinion of this legislation. There appear to be many organizations that have been established for a long period who are acting for the benefit of the Great Lakes States in a sort of advisory cooperative capacity. Some of these, such as the National Rivers and Harbors Congress Council of State Governments, and the Great Lakes-St. Lawrence Association, seem to be adequately staffed and experienced to perform the work which is authorized in S. 2688. I am familiar, particularly, with the organizations that have been created by the Governor of the State of Wisconsin, and I am informed that although he signed the bill which permits the State of Wisconsin to participate in the new suggested organization, he likewise feels that it is perhaps a duplication of effort, particularly within his own State. The same attitude might be reflected in other States bordering the Great Lakes Basin. Although the sponsors of this bill seem to be motivated by the best of intentions, one cannot ignore the fact that it appears to be a duplication of effort and expense, but since a sufficient number of States have ratified the action proposed, time will be the judge of the need for this legislation. Sincerely yours, LEWIS G. CASTLE, Senator WILEY. On Wednesday, August 29, and Thursday, August 30, the subcommittee will meet in Chicago at the United States Courthouse. At that time we will consider general problems of interest to the Great Lakes area, including the progress of the Saint Lawrence seaway. With that introduction, I shall be happy to call the first witness. Before I do that, however, I will insert into the record also a wirefrom Governor Williams of Michigan which requests the committee to recommend approval of this compact. (The telegram referred to is as follows:) Hon. HUBERT HUMPHREY, LANSING, MICH., August 24, 1956. Michigan urgently requests your committee to recommend approval of Great Lakes Commission compact. Michigan's interests in Great Lakes problems are varied and many. Commission's work so far indicates it is the type of agency which can properly care for and furnish the answers to our lake problems. Past experience indicates States cannot handle these problems alone. G. MENNEN WILLIAMS, Senator WILEY. The first witness is Willard B. Cowles, Deputy Legal Adviser of the Department of State who is accompanied by George S. Vest, Canadian desk officer of the Department. Mr. VEST. Mr. Cowles will speak for us both. Senator WILEY. You are a working team. Proceed, Mr. Cowles. STATEMENT OF WILLARD B. COWLES, DEPUTY LEGAL ADVISER, AND GEORGE S. VEST, CANADIAN DESK OFFICER, DEPARTMENT OF STATE Mr. CowLES. Mr. Chairman, in S. 2688, the consent and approval of Congress is sought to permit the States bordering on the Great Lakes "to enter into" a compact known as the Great Lakes Basin compact, the substance of which is set out in section 1 of the bill. The Congress is further requested in the bill to give its consent to these States to enter into such a compact with the Canadian Provinces of Ontario and Quebec. As defined in the compact, the Great Lakes Basin extends nearly half way across the boundary between the United States and Canada. The basin area would consist of the Canadian as well as the American portion of the lakes, and the Canadian watershed as well as the watershed of the United States. The United States part of the Great Lakes watershed covers approximately 172,000 square miles. The total watershed area in both countries, including the surface water of the Lakes themselves, is nearly 300,000 square miles. The purposes of the compact, as stated in its article I, are: 1. To promote the orderly, integrated, and comprehensive development, use, and conservation of the water resources of the Great Lakes Basin. 2. To plan for the welfare and development of the water resources of the basin as a whole as well as for those portions of the basin which may have problems of special concern. 3. To make it possible for the States of the basin and their people to derive the maximum benefit from utilization of public works, in the form of navigational aids or otherwise, which may exist or which may be constructed from time to time. 4. To advise in securing and maintaining a proper balance among industrial, commercial, agricultural, water supply, residential, recreational, and other legitimate uses of the water resources of the basin. Senator WILEY. Well, the purposes cover the whole waterfront, do they not? Mr. COWLES. Rather broad, I would say, sir. Senator WILEY. All right. Mr. COWLES. According to the compact, article VII, a Commission to be established anticipates interesting itself in and taking action upon such subjects as: Stabilization of lake levels, pollution, beach erosion, floods and shore inundation; State navigational aids and improvements, parasitical forces endangering the fisheries, wildlife, hydroelectric power developments, soil and bank erosion, and diversion of waters; as well as "other measures the Commission may recommend to the States" pursuant to its delegated powers. This list gives but a partial picture of the vastness of the scope and activities contemplated under the compact. 83065-56-2 POSITION OF THE STATE DEPARTMENT As a matter of principle, the Department would oppose any interstate compact which affects foreign relations unless there is a showing of a specific local situation appropriate for handling by the local authorities. Here there is no such local situation. The matter is of national interest, and clearly involves foreign relations in a field traditionally handled by the Department of State, acting for the President. Hence, we oppose this bill in principle. Beginning on May 15 last, and on several occasions since then, representatives of the Department of State have explained the Department's views at length to some of the principal sponsors of the proposed compact, and has expressed its willingness to review and comment on any new draft they may put forward. The compact proposes to establish and maintain an "intergovernmental agency"—the Great Lakes Commission-which would be an international, intergovernmental organization with powers and functions concerning this region of the United States and of Canada. The "powers" to be granted by the compact to the Commission are specific and far-reaching. Article VI of the compact sets out a series of "powers" which take up nearly 212 pages of the bill. This list appears under the heading, the "Commission shall have power to * **" which is the same language as used in the Constitution of the United States in delegating to Congress its legislative powers. Again like the Constitution of the United States, the compact has a "necessary and proper" clause. It provides that the Commission. may do all things necessary and proper to carry out the powers conferred upon the Commission by this compact, provided that no action of the Commission shall have the force of law in, or be binding upon, any party State. Nothing is said in the compact as to the effect the exercise of its powers might have on the treatymaking power, on other Federal powers, or on Federal law generally. Áll that the Constitution anticipates of the Congress in respect of compacts is that it give or withhold its consent. Section 1 of this bill states not only that the Congress consents to the compact, but also that it approves of these States entering into a compact with the substance of the present one. RELATIONSHIP OF THE PROPOSED COMPACT TO THE FEDERAL GOVERNMENT In section 2 of the bill it is stated that it is the purpose of Congress that the United States Government "shall assist" in the furtherance of the objectives of a Great Lakes Basin compact and in the work of the Commission created thereby. Section 2 also stipulates that all officers, agencies, departments, and persons of and in the United States Government shall cooperate with the Great Lakes Commission * * * in any manner authorized by law other than this act. Unlike some other compact-consenting legislation, this bill contains no provision to the general effect that nothing therein shall be con |