Pennsylvania Act 1955-421 — GREAT LAKES BASIN COMPACT

Act text

GREAT LAKES BASIN COMPACT
             Act of Mar. 22, (1956) 1955, P.L. 1333, No. 421          Cl. 32
                                  AN ACT

     Approving, ratifying and enacting into law the Great Lakes Basin
        Compact; making the Commonwealth of Pennsylvania a party
        thereto; creating "The Great Lakes Commission;" providing for
        the members thereof from the Commonwealth of Pennsylvania;
        providing for the carrying out of the purposes of the compact
        and making an appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Enactment.--The Great Lakes Basin Compact is
     hereby approved, ratified, enacted into law and entered into by
     this Commonwealth as a party thereto with any other state or
     province which, pursuant to Article II. of the compact, has
     legally joined therein in the form substantially as follows:

                        GREAT LAKES BASIN COMPACT
        The party states solemnly agree:

                                Article I

        The purposes of this compact are through means of joint or
     cooperative action:
        1.  To promote the orderly, integrated, and comprehensive
     development, use, and conservation of the water resources of the
     Great Lakes Basin (hereinafter called the 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.
        5.  To establish and maintain an intergovernmental agency to
     the end that the purposes of this compact may be accomplished
     more effectively.

                                Article II

        A.  This compact shall enter into force and become effective
     and binding when it has been enacted by the Legislatures of any
     four of the States of Illinois, Indiana, Michigan, Minnesota,
     New York, Ohio, Pennsylvania and Wisconsin and thereafter shall
     enter into force and become effective and binding as to any
     other of said states when enacted by the Legislature thereof.
        B.  The Province of Ontario and the Province of Quebec, or
     either of them, may become states party to this compact by
     taking such action as their laws and the laws of the Government
     of Canada may prescribe for adherence thereto. For the purpose
     of this compact the word "state" shall be construed to include a
     Province of Canada.

                               Article III

        The Great Lakes Commission created by Article IV. of this
     compact shall exercise its powers and perform its functions in
     respect to the Basin which, for the purposes of this compact,
     shall consist of so much of the following as may be within the
     party states:
        1.  Lakes Erie, Huron, Michigan, Ontario, St. Clair,
     Superior, and the St. Lawrence River, together with any and all
     natural or man-made water interconnections between or among
     them.
        2.  All rivers, ponds, lakes, streams, and other watercourses
     which, in their natural state or in their prevailing condition,
     are tributary to Lakes Erie, Huron, Michigan, Ontario, St.
     Clair, and Superior or any of them or which comprise part of any
     watershed draining into any of said lakes.

                                Article IV

        A.  There is hereby created an agency of the party states to
     be known as The Great Lakes Commission (hereinafter called the
     Commission). In that name the Commission may sue and be sued,
     acquire, hold and convey real and personal property and any
     interest therein. The Commission shall have a seal with the
     words "The Great Lakes Commission" and such other design as it
     may prescribe engraved thereon by which it shall authenticate
     its proceedings. Transactions involving real or personal
     property shall conform to the laws of the state in which the
     property is located, and the Commission may by by-laws provide
     for the execution and acknowledgment of all instruments in its
     behalf.
        B.  The Commission shall be composed of not less than three
     commissioners nor more than five commissioners from each party
     state designated or appointed in accordance with the law of the
     state which they represent and serve and subject to removal in
     accordance with such law.
        C.  Each state delegation shall be entitled to three votes in
     the Commission. The presence of commissioners from a majority of
     the party states shall constitute a quorum for the transaction
     of business at any meeting of the Commission. Actions of the
     Commission shall be by a majority of the votes cast except that
     any recommendations made pursuant to Article VI. of this compact
     shall require an affirmative vote of not less than a majority of
     the votes cast from each of a majority of the states present and
     voting.
        D.  The commissioners of any two or more party states may
     meet separately to consider problems of particular interest to
     their states but no action taken at any such meeting shall be
     deemed an action of the Commission unless and until the
     Commission shall specifically approve the same.
        E.  In the absence of any commissioner, his vote may be cast
     by another representative or commissioner of his state provided
     that said commissioner or other representative casting said vote
     shall have a written proxy in proper form as may be required by
     the Commission.
        F.  The Commission shall elect annually from among its
     members a chairman and vice-chairman. The Commission shall
     appoint an Executive Director who shall also act as secretary-
     treasurer and who shall be bonded in such amount as the
     Commission may require. The Executive Director shall serve at
     the pleasure of the Commission and at such compensation and
     under such terms and conditions as may be fixed by it. The
     Executive Director shall be custodian of the records of the
     Commission with authority to affix the Commission's official
     seal and to attest to and certify such records or copies
     thereof.
        G.  The Executive Director, subject to the approval of the
     Commission in such cases as its by-laws may provide, shall
     appoint and remove or discharge such personnel as may be
     necessary for the performance of the Commission's functions.
     Subject to the aforesaid approval, the Executive Director may
     fix their compensation, define their duties, and require bonds
     of such of them as the Commission may designate.
        H.  The Executive Director, on behalf of, as trustee for, and
     with the approval of the Commission, may borrow, accept, or
     contract for the services of personnel from any state or
     government or any subdivision or agency thereof, from any
     intergovernmental agency, or from any institution, person, firm
     or corporation, and may accept for any of the Commission's
     purposes and functions under this compact any and all donations,
     gifts, and grants of money, equipment, supplies, materials, and
     services from any state or government or any subdivision or
     agency thereof or intergovernmental agency or from any
     institution, person, firm or corporation and may receive and
     utilize the same.
        I.  The Commission may establish and maintain one or more
     offices for the transacting of its business and for such
     purposes the Executive Director, on behalf of, as trustee for,
     and with the approval of the Commission, may acquire, hold and
     dispose of real and personal property necessary to the
     performance of its functions.
        J.  No tax levied or imposed by any party state or any
     political subdivision thereof shall be deemed to apply to
     property, transactions, or income of the Commission.
        K.  The Commission may adopt, amend and rescind by-laws,
     rules and regulations for the conduct of its business and may
     adopt an official seal.
        L.  The organization meeting of the Commission shall be held
     within six months from the effective date of this compact.
        M.  The Commission and its Executive Director shall make
     available to the party states any information within its
     possession and shall always provide free access to its records
     by duly authorized representatives of such party states.
        N.  The Commission shall keep a written record of its
     meetings and proceedings and shall annually make a report
     thereof to be submitted to the duly designated official of each
     party state.
        O.  The Commission shall make and transmit annually to the
     Legislature and Governor of each party state a report covering
     the activities of the Commission for the preceding year and
     embodying such recommendations as may have been adopted by the
     Commission. The Commission may issue such additional reports as
     it may deem desirable.

                                Article V

        A.  The members of the Commission shall serve without
     compensation, but the expenses of each commissioner shall be met
     by the state which he represents in accordance with the law of
     that state. All other expenses incurred by the Commission in the
     course of exercising the powers conferred upon it by this
     compact, unless met in some other manner specifically provided
     by this compact, shall be paid by the Commission out of its own
     funds.
        B.  The Commission shall submit to the executive head or
     designated officer of each party state a budget of its estimated
     expenditures for such period as may be required by the laws of
     that state for presentation to the Legislature thereof.
        C.  Each of the Commission's budgets of estimated
     expenditures shall contain specific recommendations of the
     amount or amounts to be appropriated by each of the party
     states. Detailed commission budgets shall be recommended by a
     majority of the votes cast, and the costs shall be allocated
     equitably among the party states in accordance with their
     respective interests.
        D.  The Commission shall not pledge the credit of any party
     state. The Commission may meet any of its obligations in whole
     or in part with funds available to it under Article IV. (H) of
     this compact, provided that the Commission takes specific action
     setting aside such funds prior to the incurring of any
     obligations to be met in whole or in part in this manner. Except
     where the Commission makes use of funds available to it under
     Article IV. (H) hereof, the Commission shall not incur any
     obligations prior to the allotment of funds by the party states
     adequate to meet the same.
        E.  The Commission shall keep accurate accounts of all
     receipts and disbursements. The receipts and disbursements of
     the Commission shall be subject to the audit and accounting
     procedures established under the by-laws. However, all receipts
     and disbursements of funds handled by the Commission shall be
     audited yearly by a qualified public accountant and the report
     of the audit shall be included in and become a part of the
     annual report of the Commission.
        F.  The accounts of the Commission shall be open at any
     reasonable time for inspection by such agency, representative or
     representatives of the party states as may be duly constituted
     for that purpose and by others who may be authorized by the
     Commission.

                                Article VI

        The Commission shall have power to:
        A.  Collect, correlate, interpret, and report on data
     relating to the water resources and the use thereof in the Basin
     or any portion thereof.
        B.  Recommend methods for the orderly, efficient, and
     balanced development, use, and conservation of the water
     resources of the Basin or any portion thereof to the party
     states and to any other governments or agencies having interests
     in or jurisdiction over the  Basin or any portion thereof.
        C.  Consider the need for and desirability of public works
     and improvements relating to the water resources in the Basin or
     any portion thereof.
        D.  Consider means of improving navigation and port
     facilities in the Basin or any portion thereof.
        E.  Consider means of improving and maintaining the fisheries
     of the Basin or any portion thereof.
        F.  Recommend policies relating to water resources including
     the institution and alteration of flood plan and other zoning
     laws, ordinances and regulations.
        G.  Recommend uniform or other laws, ordinances, or
     regulations relating to the development, use and conservation of
     the Basin's water resources to the party states or any of them
     and to other governments, political subdivisions, agencies or
     intergovernmental bodies having interests in or jurisdiction
     sufficient to affect conditions in the Basin or any portion
     thereof.
        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.
        Section 2.  Representation on the Commission.--In pursuance
     of Article IV. of the compact, there shall be three
     commissioners on The Great Lakes Commission (hereinafter called
     the Commission) from this Commonwealth. Each commissioner is
     hereby given all of the powers conferred on a commissioner by
     the compact or which shall be necessary or incidental to the
     performance of his functions as a commissioner. The Governor,
     with the advice and consent of the Senate, shall appoint three
     persons as commissioners, each of whom shall be a resident and
     citizen of this Commonwealth. The terms of one of the
     commissioners first appointed shall be two years and of the
     other two shall be four and six years, respectively. Their
     successors shall be appointed by the Governor, with the advice
     and consent of the Senate, for terms of six years each. Each
     commissioner shall hold office until his successor is appointed
     and qualified. A vacancy in the office of any commissioner for
     any reason shall be filled by appointment by the Governor, with
     the advice and consent of the Senate, for the unexpired term.
     The terms of each of the three initial commissioners shall begin
     on the date of appointment. Any commissioner may be removed from
     office by the Governor. The commissioners shall serve without
     compensation but shall be paid their actual expenses in and
     incidental to the performance of their duties as commissioners.
        Section 3.  Actions of Commonwealth Officers and Agencies
     Generally.--All officers of this Commonwealth are hereby
     authorized and directed to do all things falling within their
     respective jurisdictions necessary to or incidental to the
     carrying out of said compact in every particular. It is hereby
     declared to be the policy of this Commonwealth to perform and
     carry out the compact and to accomplish the purposes thereof.
     All officers, bureaus, departments and persons of the government
     or administration of this Commonwealth are hereby authorized and
     directed at reasonable times and upon request of the Commission
     to furnish the Commission with information and data possessed by
     them or any of them and to aid the Commission by loan of
     personnel or other means lying within their legal powers
     respectively.
        Section 4.  Submission of Commission Budgets.--The budget of
     the estimated expenditures of the Commission shall be submitted
     to the Governor for such period and in such form as shall be
     requested by him.
        Section 5.  Appropriation.--The sum of eighteen thousand
     dollars ($18,000) or as much thereof as is necessary is hereby
     specifically appropriated to the Commission as Pennsylvania's
     pro rata share of the expenses of the Commission for the two
     fiscal years beginning June 1, 1955. The commissioners shall
     file an accounting of said expenses with the Auditor General to
     be paid on warrant of the Auditor General on requisition of the
     commissioners.
        Section 6.  Transmittal of Documents.--The Secretary of the
     Commonwealth shall transmit a duly authenticated copy of this
     act and the compact contained herein to each jurisdiction now
     party to the compact and to each jurisdiction which subsequently
     shall become party to the compact.
        Section 7.  Effective Date.--This act shall take effect
     immediately.