II

107TH CONGRESS

1ST SESSION S. 1035

To establish programs to protect the resources of and areas surrounding

the Great Lakes.

IN THE SENATE OF THE UNITED STATES

JUNE 13, 2001

Ms. STABENOW (for herself, Mr. FITZGERALD, Mr. LEVIN, Mr. KOHL, Mr.

FEINGOLD, Mr. DAYTON, Mr. SCHUMER, Mr. BAYH and Mrs. CLINTON)

introduced the following bill; which was read twice and referred to the

Committee on Banking, Housing and Urban Affairs

A BILL

To establish programs to protect the resources of and areas

surrounding the Great Lakes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Great Lakes Preserva5 tion Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the Great Lakes are precious public natural

9 resources, and are renewable but finite bodies of
2

•S 1035 IS

1 water that should be protected, conserved, and man2 aged for the use, benefit, and enjoyment of all

3 present and future generations of people of the

4 United States;

5 (2) the Great Lakes are crucial to the econo6 mies of the Great Lakes States for recreation, com7 mercial shipping, industrial, and agricultural uses;

(3) the Great Lakes contain 1 8 ⁄5 of the world’s

9 fresh water supply and are a vital source of safe

10 drinking water for millions of people;

11 (4) the Great Lakes Charter of 1985 is a vol12 untary international agreement that provides the

13 procedural framework for notice and consultation by

14 the Great Lakes States and the Great Lakes Prov15 inces concerning the diversion of the water of the

16 Great Lakes basin;

17 (5) the Governors of the Great Lakes States

18 and the Premiers of the Great Lakes Provinces have

19 based decisions on proposals to withdraw, divert, or

20 use Great Lakes water on the extent to which the

21 proposals conserve and protect water and water-de22 pendent natural resources of the Great Lakes basin;

23 and

24 (6) decisionmaking concerning Great Lakes

25 water should remain vested in the Governors of the
3

•S 1035 IS

1 Great Lakes States, who manage the water and re2 sources on a day-to-day basis.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency.

8 (2) BULK FRESH WATER.—The term ‘‘bulk

9 fresh water’’ means fresh water extracted in quan10 tities intended for transportation by tanker or simi11 lar form of mass transportation, without further

12 processing.

13 (3) FROM THE GREAT LAKES BASIN.—The term

14 ‘‘from the Great Lakes basin’’, with respect to

15 water, means—

16 (A) water from Lake Erie, Lake Huron,

17 Lake Michigan, Lake Ontario, Lake St. Clair,

18 or Lake Superior;

19 (B) water from any interconnecting water20 way within any watercourse that drains into or

21 between any of those lakes; and

22 (C) water from a tributary surface or un23 derground channel or area that drains into or

24 comprises part of any watershed that drains

25 into any of those lakes.
4

•S 1035 IS

1 (4) GREAT LAKE.—The term ‘‘Great Lake’’

2 means—

3 (A) Lake Erie;

4 (B) Lake Huron (including Lake Saint

5 Clair);

6 (C) Lake Michigan;

7 (D) Lake Ontario (including the Saint

8 Lawrence River from Lake Ontario to the 45th

9 parallel of latitude); and

10 (E) Lake Superior.

11 (5) GREAT LAKES PROVINCE.—The term

12 ‘‘Great Lakes Province’’ means the Province of On13 tario or Quebec, Canada.

14 (6) GREAT LAKES STATE.—The term ‘‘Great

15 Lakes State’’ means the State of Illinois, Indiana,

16 Michigan, Minnesota, New York, Ohio, Pennsyl17 vania, or Wisconsin.

18 (7) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of the Interior, acting through the Di20 rector of the National Park Service.

21 SEC. 4. MORATORIUM ON EXPORT OF BULK FRESH WATER.

22 (a) IN GENERAL.—Bulk fresh water from the Great

23 Lakes basin shall not be exported from the United States.

24 (b) SUNSET PROVISION.—Subsection (a) shall cease

25 to be effective on the date of enactment of an Act of Con-
5

•S 1035 IS

1 gress approving the operation of a mechanism and con2 servation standard for making decisions concerning the

3 withdrawal, diversion, and use of water of the Great Lakes

4 that has been agreed to by each of the Governors of the

5 Great Lakes States, acting in cooperation with the Pre6 miers of the Great Lakes Provinces.

7 (c) SENSE OF CONGRESS.—It is the sense of Con8 gress that the Federal Government should enter into an

9 agreement with the Government of Canada stating that

10 the United States and Canada shall abide by the terms

11 of the moratorium under subsection (a) until the date

12 specified in subsection (b).

13 SEC. 5. PRESERVATION OF HISTORIC GREAT LAKES LIGHT14 HOUSES.

15 (a) FINDINGS.—Congress finds that—

16 (1) the Great Lakes have greatly influenced set17 tlement, commerce, transportation, industry, and

18 recreation throughout the rich maritime history of

19 the Great Lakes States;

20 (2) lighthouses in Great Lakes States have

21 helped mariners navigate dangerous shoals and find

22 safe harbors for decades and are an important part

23 of the maritime history of the Great Lakes;

24 (3) many of the lighthouses have historical or

25 architectural significance; and
6

•S 1035 IS

1 (4) the future of the lighthouses is uncertain

2 because many are in poor condition because of ne3 glect and deterioration.

4 (b) STUDY.—Not later than 3 years after the date

5 on which funds are made available to carry out this sec6 tion, the Secretary shall conduct and submit to Congress

7 a study to identify options to preserve the lighthouses in

8 the Great Lakes States.

9 (c) PROCEDURE.—In conducting the study under

10 subsection (b), the Secretary shall—

11 (1) review programs, policies, and standards of

12 the National Park Service to determine the most ap13 propriate means of ensuring that the lighthouses (in14 cluding any associated natural, cultural, and histor15 ical resources) are preserved; and

16 (2) consult with—

17 (A) State and local historical associations

18 and societies in the Great Lakes States;

19 (B) historic preservation agencies in the

20 Great Lakes States;

21 (C) the Commandant of the Coast Guard;

22 and

23 (D) other appropriate entities.
7

•S 1035 IS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.

Æ