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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6006 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6006

  To affirm that waters of the Great Lakes Basin are impressed with a 
 public trust and managed consistent with public trust principles and 
 other standards to protect the navigational, conservation, and public 
  interests in such waters, to provide for enforcement, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

 Mr. Kucinich introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To affirm that waters of the Great Lakes Basin are impressed with a 
 public trust and managed consistent with public trust principles and 
 other standards to protect the navigational, conservation, and public 
  interests in such waters, to provide for enforcement, and for other 
                               purposes.

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

SECTION 1. PROTECTING WATER RESOURCES IN THE GREAT LAKES.

    (a) Amendments to Findings.--Section 1109(a) of the Water Resources 
Development Act of 1986 (42 U.S.C. 1962d-20(a)) is amended--
            (1) in paragraph (1) by striking ``the Great Lakes are a 
        most important natural resource'' and inserting ``the Great 
        Lakes and the waters of the Great Lakes Basin are impressed 
        with a public trust and are critical'';
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5); and
            (3) by inserting after paragraph (1) the following:
            ``(2) the Great Lakes, their connecting waters, tributary 
        streams, lakes, and groundwater are a single hydrologic system 
        which must be protected, conserved, and maintained as a 
        whole;''.
    (b) Amendments to Purpose and Policy.--Section 1109(b) of such Act 
(42 U.S.C. 1962d-20(b)) is amended--
            (1) in paragraph (2) by striking ``water conservation and'' 
        and inserting ``water conservation, public trust, maintaining 
        flows and levels of navigable waters, and water'';
            (2) in paragraph (3)--
                    (A) by striking ``diversion'' both places it 
                appears and inserting ``diversion or export''; and
                    (B) by striking ``; and'' and inserting ``in 
                accordance and consistent with the mechanism, standard, 
                and principles described in paragraph (2);'';
            (3) in paragraph (4) by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(5) to provide for the enforcement of the prohibitions 
        and requirements of this section.''.
    (c) Other Technical and Conforming Amendments.--Section 1109(d) of 
such Act (42 U.S.C. 1962d-20(d)) is amended--
            (1) by striking ``tributary'' and inserting ``tributary, 
        including tributary groundwater,''; and
            (2) by striking the period at the end and inserting ``in 
        accordance and consistent with the mechanism, standard, and 
        principles described in subsection (b)(2).''
    (d) Civil Suit Provision.--Section 1109 of such Act (42 U.S.C. 
1962d-20) is amended--
            (1) by redesignating subparagraph (f) as subparagraph (g); 
        and
            (2) by inserting after subparagraph (e) the following:
    ``(f) The prohibition on any diversion or export of water under 
subsection (d) may be enforced through a civil suit filed by the 
Federal Government, a State or local government, or by any person or 
organization whose property or other legally recognized interest will 
be adversely affected. The proper venue for the civil suit shall be the 
Federal judicial district with jurisdiction over any portion of the 
Great Lakes Basin and from which the diversion or export of water will 
occur or has occurred. The court may award attorney fees, expert 
witness fees, and costs as the interests of justice may require.''.
                                 <all>
```