"H. Consider and recommend amendments or agreements supplementary to this compact to the party states or any of them, and assist in the formulation and drafting of such amendments or supplementary agreements. "I. Prepare and publish reports, bulletins, and publications appropriate to this work and fix reasonable sale prices therefor. "J. With respect to the water resources of the Basin or any portion thereof, recommend agreements between the governments of the United States and Canada. "K. Recommend mutual arrangements expressed by concurrent or reciprocal legislation on the part of Congress and the Parliament of Canada including but not limited to such agreements and mutual arrangements as are provided for by Article XIII of the Treaty of 1909 Relating to Boundary Waters and Questions Arising Between the United States and Canada. (Treaty Series, No. 548.) "L. Cooperate with the governments of the United States and of Canada, the party states and any public or private agencies or bodies having interests in or jurisdiction sufficient to affect the Basin or any portion thereof. "M. At the request of the United States, or in the event that a Province shall be a party state, at the request of the Government of Canada, assist in the negotiation and formulation of any treaty or other mutual arrangement or agreement between the United States and Canada with reference to the Basin or any portion thereof. "N. Make any recommendation and 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. "ARTICLE VII "Each party state agrees to consider the action the Commission recommends in respect to: "A. Stabilization of lake levels. "B. Measures for combating pollution, beach erosion, floods, and shore inundation. "C. Uniformity in navigation regulations within the constitutional powers of the states. "D. Proposed navigation aids and improvements. “E. Uniformity or effective coordinating action in fishing laws and regulations and cooperative action to eradicate destructive and parasitical forces endangering the fisheries, wild life and other water resources. "F. Suitable hydroelectric power developments. "G. Cooperative programs for control of soil and bank erosion for the general improvement of the Basin. "H. Diversion of waters from and into the Basin. "I. 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 binding upon each party state until renounced by 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 circumstance 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." SEC. 2. All officers, agencies, departments, and persons of and in the Unite States Government shall cooperate with the Great Lakes Commission, establishe pursuant to the compact consented to hereby, in any manner authorized by lav other than this Act, it being the purpose of Congress that the United States Gov ernment shall assist in the furtherance of the objectives of a Great Lakes Basi Compact and in the work of the commission created thereby. SEC. 3. The right to alter, amend, or repeal this Act is expressly reserved. PURPOSE OF THE HEARING Senator WILEY. The purpose of this hearing, however, is not to consider the details of S. 2688. The subcommittee realizes that these details are subject to change and that it is most likely a revised bill on the compact will be introduced in the 85th Congress. But it is important at this time to review the need for the compact and any general questions that have arisen in connection with it. As a result of this hearing, those who are most interested in the compact will have time to work out appropriate changes. Several agencies of the executive branch have already given the subcommittee a written expression of their views on the compact, and I would like to have them inserted into the record. (The statements referred to are as follows:) DEPARTMENT OF STATE, Hon. WALTER F. GEORGE, Chairman, Committee on Foreign Relations, United States Senate. DEAR SENATOR GEORGE: Reference is made to your letter dated August 1, 1955, and the reply of this Department dated August 3, 1955, concerning your request for the Department's views respecting S. 2688, granting the consent and approval of Congress to a Great Lakes Basin compact, and for related purposes. For the reasons which follow, this Department must oppose the bill in principle. The Great Lakes Basin area, as defined in article III, including the St. Lawrence River and Lake St. Clair (p. 3, lines 16-25, p. 4, lines 1-5) extends nearly half way across the northern boundary between the United States and Canada. The United States part of the Great Lakes watershed including water surface, but not including the St. Lawrence River beyond Ogdensburg, N. Y., or Lake St. Clair, covers approximately 172,000 square miles. The total watershed area including surface water of the Great Lakes themselves is nearly 300,000 square miles. Many, if not most, of the subjects with which the Compact Commission would deal are essentially international in character and have traditionally been regarded as national in scope-not regional. It need hardly be remarked that the Constitution has delegated authority to the Federal Government to deal with matters of national concern. For the accomplishment of its purposes the bill proposes that the "party states" establish and maintain an "intergovernmental agency" to be known as the Great Lakes Commission (p. 2, lines 23-25, art. I, 5; p. 4, lines 7-9, art. IV-A). Provision is made for the Provinces of Ontario and Quebec to become party states to the compact (p. 3, lines 9–14, art. II); and it is contemplated that the basin area, in which the Commission would "exercise its powers and perform its functions" would consist of Canadian as well as American waters (p. 3, lines 17-20, art. III). The bill thus asks the consent of Congress to a proposal that these states be permitted to create an international, intergovernmental organization between a region of the United States and a region of Canada performing functions relating to international waters in this large area. In addition to the national character of the subject matter, there is another fundamental difficulty. Unlike some other compact legislation this bill contains no provision to the general effect that nothing therein shall be construed so as to impair or affect the treatymaking power of the United States or any other power, right, etc., of the United States. Though the compact deals largely with matters heretofore and now included in international treaties, it does not require the Commission to cooperate and assist Federal agencies or even to consult with them. Instead of the States cooperating and assisting the United States Government on these international problems, section 2 would make it mandatory upon all officers of the Department of State-and upon all officers, agencies, departments, and persons in the United States Government-to "cooperate" and "assist" the Commission (p. 14, lines 12-19). To "cooperate" is a broad term. We are not clear just what it would include, but it should be remembered that article IX states that it is intended that the provisions of the compact "shall be reasonably and liberally construed" (p. 13, lines 19-21). If the Commission can "recommend" and the Department must "cooperate" and "assist," it is not at all clear how the Secretary of State could instruct our Ambassador and consuls in Canada otherwise than in accordance with the decisions of the Commission. Thus article IX, together with section 2, could constitute a source of embarrassment in the conduct of foreign affairs. In fact the provisions of the compact would seem to imply a congressional decision to subordinate the Federal Government to these States in this large and important area of international activity. Some of the powers proposed to be delegated to the Commission point up the foregoing: 1. Article VII (pp. 12-13) indicates that the Commission plans to concern itself with practically every international problem which might arise between the United States and Canada in this large area, and most of the specific subjects proposed to be dealt with by the Commission have been the subject of negotiation and agreement between the United States and Canada. 2. By article VI-J the Commission, on its own initiative, would have power to "recommend agreements between the Governments of the United States and Canada" with respect to the water resources of the basin (p. 11, lines 14–16). Inasmuch as the Commission is also empowered to "do all things necessary and proper" to carry out the powers conferred upon it (p. 12, lines 9-11, art. VI-N), it could draft international treaties, and, with apparent congressional sanction, press the Department of State to "cooperate" and "assist" them in obtaining Canadian acceptance. 3. Again, if, as planned, one or more Provinces of Canada becomes a party, the Commission would also be empowered "at the request of the Government of Canada" to "assist" in the negotiation and formulation of any relevant treaty or other mutual agreement or agreement between the United States and Canada (p. 12, lines 3-8, art. VI-M). When under this provision the Commission "assisted" in the negotiation and formulation of treaties, United States officials would likewise presumably be called on to "cooperate" and "assist" the Commission. 4. Furthermore, article VI-G (p. 10, line 25; p. 11, lines 1-6) would empower the organization to deal with "other governments" and with "intergovernmental bodies." Paragraph L of the same article VI specifically empowers the Commission to "cooperate" with the Canadian Government (p. 11, lines 24-25). There is no suggestion that this cooperation is to be through the Department of State. Moreover, the Commission could recommend to foreign governments and international bodies "uniform or other laws, ordinances, or regulations" (p. 10, line 25; p. 11, lines 1-6), and this could apparently also be done without in any wise consulting the Federal Government. Even if no Canadian Provinces should come into the organization, under article VI-L (p. 11, lines 24-25), the Commission could "cooperate" with both the Canadian Government and with such public agencies or bodies as have "interests in or jurisdiction sufficient to affect the basin or any portion thereof" (p. 12, lines 1-2). The principal "intergovernmental bodies" are the International Joint Commission, under a treaty of 1909, and the new Great Lakes Fisheries Commission, established by the convention signed November 10, 1954. These AmericanCanadian international organizations deal with many of the matters contemplated in the proposed compact. Such provisions as the foregoing would involve duplication of work, would give the Compact Commission a status unprecedented in the history of American relations, and could cause confusion not only to this Department but to the established American-Canadian international organizations. In connection with section 3, which reserves the right of Congress to alter, amend, or repeal the act (p. 14, lines 20-21) it may be noted that the Commission could legally continue to function with only 1 State and 1 Canadian Province as parties (p. 13, art. VIII). If one or more Canadian Provinces were a party to the compact, as a practical matter it might be difficult to abolish or change an estab lished institution if this compact were approved. Apart from section 3, the termination of the Commission is wholly within the control of the States parties thereto. It is a basic policy of this Department that all States concerned be consulted and heard with regard to international negotiations on matters which involve their interests. This is a long-established practice. Matters of international negotiation and agreement should be under national control as the Constitution contemplates and requires. With congressional approval this proposal might well be used as a precedent for many other incursions upon the basic principles and powers of the National Government in foreign affairs. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, ROBERT C. HILL, (For the Secretary of State). UNITED STATES DEPARTMENT OF JUSTICE, Hon. WALTER F. GEORGE, Chairman, Committee on Foreign Relations, DEAR SENATOR: This is in response to your request for the views of the Department of Justice concerning the bill (S. 2688) granting the consent and approval of Congress to a Great Lakes Basin compact, and for related purposes. The bill would give the consent and approval of Congress to a "Great Lakes Basin compact" between any and all of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin, and would further give such consent to any and all of said States entering into such compact with the Provinces of Ontario and Quebec; or either of them. The purposes of the compact are to promote the orderly, integrated, and comprehensive development, use, and conservation of the water resources of the Great Lakes Basin; to plan for the development of the water resources of the basin as a whole as well as for any problems of special concern; to obtain for the States of the basin and their people the maximum benefit from utilization of public works, in the form of navigational aids or otherwise; and 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. To carry out the purposes of the proposal, the bill would provide for the establishment of a Great Lakes Commission composed of not less than 3 nor more than 5 commissioners from each party State. The bill makes no provision for representation on the Commission of the Government of the United States or of the Government of Canada nor is there any provision for giving interested agencies of the Federal Government access to information in possession of the Commission. The Commission would have the power to recommend agreements between the United States and Canada with respect to the water resources of the basin, and, at the request of either the United States or Canada, assist in the negotiation and formulation of any treaty or other mutual arrangement or agreement relating to the basin. The Department of Justice agrees that the States within the Great Lakes Basin have a vital interest in the water resources thereof and are entitled to participate in the formulation of plans for the development, use, and conservation of those resources insofar as such participation is not inconsistent with international factors which must be taken into account. On the other hand, the national interest in the area encompassed by the proposed compact is so extensive and so obvious that the creation of a separate agency of the States to attempt to accomplish, without Federal participation, the purposes contemplated by the compact would appear to be undesirable. It is noted that a number of the functions which the Commission would perform are presently within the jurisdiction of the International Joint Commission of the United States and Canada, established under a treaty of 1909, and the Great Lakes Fishery Commission, to be established under a Convention between the United States and Canada, signed September 10, 1954. The creation of a separate agency of the States and the Canadian Provinces to formulate plans and make recommendations upon matters which are already referred to these other commissions would appear to promise little but duplication of 34 2 effort, in the absence of provision for coordination of the activities of the several bodies. In addition to the foregoing practical considerations, there must be kept in mind the congressional power to regulate commerce with foreign nations, and among the several States (Constitution of the United States, art. I, sec. 8) and the treatymaking power of the President (Constitution of the United States, art. II, sec. 2). No delegation of these powers is possible. In its report to the President by the Presidential Advisory Committee on Water Resources Policy (H. Doc. 315, 84th Cong.) the Committee stated: "8. The Committee recognizes that the interest of the United States in its boundary waters involves the Nation's international relations, including certain treaty obligations with Mexico and Canada. Many of the recommendations set forth in this report could apply to international as well as domestic projects. For obvious reasons, however, international programs and projects cannot always be expected to conform with the same standards and procedures that are proposed for exclusively domestic programs or projects. The Committee, therefore, believes that this report should be considered as generally applicable to exclusively domestic waters only and that it should be applied to any waters with an international interest only to the extent that it is not inconsistent with ternational factors that must be taken into account in each case" (p. 4). Thus the conclusions reached in that report would be applicable to the waters the Great Lakes Basin to the extent those conclusions are not inconsistent h the international factors which are involved. Cooperation between the deral Government and State and local governments and other non-Federal terests, to develop the water resources of the Nation underlies all of the recommendations and policies expressed in that report. The extent to which the President's basic plan for cooperation between the Federal Government and the State and other non-Federal interests can be applied to the waters of this basin without inconsistency with the international factors involved, requires determinations which are beyond the scope of the functions of this Department. But to the extent international factors do not preclude participation by the States and other non-Federal interests in accomplishment of the purposes of this compact, a water resources committee for the basin organized as outlined in section 2 of the report above referred to (H. Doc. 315, p. 17, et seq.) would appear to constitute a more suitable means for accomplishment of the desired objectives. Representation on such a committee of the Canadian Government and of the Provinces concerned would seem to call for the negotiation of an international treaty or agreement providing therefor in the traditional manner. For the foregoing reasons, the Department of Justice is unable to recommend the enactment of the bill. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely, WILLIAM P. ROGERS, DEPARTMENT OF THE INTERIOR, Hon. WALTER F. GEORGE, Chairman, Committee on Foreign Relations, MY DEAR SENATOR GEORGE: A report has been requested from this Department on S. 2688, a bill granting the consent and approval of Congress to a Great Lakes Basin compact, and for related purposes. The compact, to which the consent of the Congress will be given if S. 2688 is enacted, proposes the creation of a Great Lakes Commission. The membership of the Commission would comprise representatives of such of the States of llinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisonsin and the Provinces of Ontario and Quebec as ratify the compact. The Commission's powers, spelled out in article VI, include gathering and publicaon of information; making recommendations with respect to "the orderly, effiient, and balanced development, use, and conservation of the water resources of he basin or any portion thereof"; considering the means of improving fisheries nd navigation; recommending legislation to the parties to the compact and |