N.Y. Environmental Conservation Law § 21-0901: Great Lakes Basin Compact

§ 21-0901. Great Lakes Basin Compact.

The Great Lakes Basin Compact, as first enacted by chapter 643 of the

laws of l960, as reenacted by chapter 473 of the laws of 1961, and as

renumbered by chapter 73 of the laws of l962, is hereby continued. The

compact is as follows:

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 bylaws 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 serving 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 bylaws 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 bylaws, rules and

regulations for the conduct of its business.

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 (II) 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

bylaws. 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 plain 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.