An Act granting the consent of Congress to a Great Lakes Basin Compact, and for other purposes
PL 90-419 (S.660), enacted 07/24/1968

414 
PUBLIC LAW 90-419-JULY 24, 1968 
[82 STAT. 
Public Law 90-419 
July 24, 1968 
AN A C T 
^^- ^^^^ 
Granting the consent of Congress to a Great Lakes Basin Compact, and for 
other purposes. 
Great Lakes 
Be it enacted hy the Senate and House of Representatives 
of the 
. 
United States of America in Congress assemhled, That the consent of 
consent'of'^ 
Congress is hereby given, to tlie extent and subject to the conditions 
Congress. 
hereinafter set forth, to tlie Great Lakes Basin Compact which has 
been entered into by the States of Illinois, Indiana, Michigan, Minne-
sota, New York, Ohio, Pennsylvania and Wisconsin in the form as 
follows: 
"GEEAT 
LAKES BASIN COMPACT 
"The party states solemnly agree: 
"ARTICLE I 
Purposes. 
"The purposes of this compact are, through means of joint or 
cooperative action: 
"1. To promote the orderly, integrated, and comprehensive develop-
ment, 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, recrea-
tional, 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 
I I 
Effective date. 
"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 Onta.rio 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 
"State." 
\YIQ, word 'state' shall be construed to include a Province of Canada. 
82 STAT. ] 
PUBLIC LAW 90-419-JULY 24, 1968 
415 
"ARTICLE 
I I I 
"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 conditions, 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 
Great Lakes 
Commission. 
Establishment. 
Seal. 
Personnel. 
"A. There is hereby created an agency of the party states to be 
known as The Great Lakes Commission (hereinafter called the Com-
mission). 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 acknowledgement of all instru-
ments in its behalf, 
\ 
"B. The Commission shall be composed of not less than three com-
missioners 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 Conmiission shall 
be by a majority of the votes cast except that any recommendations 
made pursuant to Article VI of tliis compact shall require an affirma-
tive vote of not less than a majority of the votes cast from each of a 
majority of the states present and voting. 
"D. The connnissioners 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 ^ff cer*s'°" °^ 
a chairman and vice-chairman. The Commission shall appoint an Exec- ° Executive Direc-
utive Director who shall also act as secretary-treasurer, and who shall *°''' appointment. 
be bonded in such amount as the Commission may require. The Execu- 
duties. 
tive 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. Tlie Executive Director shall be custodian of the records of the Com-
mission with authority to affix the Commission's official seal and to 
attest to and certify such records or copies thereof. 
Office main 
tenance. 
416 
PUBLIC LAW 90-419-JULY 24, 1968 
[82 STAT. 
"G. The Executive Director, subject to the approval of the Commis-
sion 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 function. 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 sub-
division or agency thereof, from any inter-governmental 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 subdivi-
sion or agency thereof or inter-governmental agency or from any insti-
tution, 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 prop-
erty 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. 
"L. The organization meeting of the (Commission shall be held 
within six months from the effective date of the compact. 
JriaMut'°"' 
^ ' "^^^^ Commission and its Executive Director shall make avail-
* ^ ^' 
able to the party states any information within its possession and shall 
always provide free access to its records by duly authorized representa-
tives of such party states. 
Reports. 
u
-
^
T 'j^j^g Commissiou shall keep a written record of its meetings and 
l)r(X'eedings 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 legis-
lature and Governor of each party state a report covering the activities 
of the Commission for the preceding year and embodying such recom-
mendations as may have been adopted by the Commission. The Com-
mission may issue such additional reports as it may deem desirable. 
"ARTICLE 
V 
"A. The membei's of the (Commission shall serve without compensa-
tion, 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 oi its own funds. 
^"'^^"* 
"B. The Commission shall submit to the executive head or desig-
nated 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 presen-
tation 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 
82 STAT. ] 
PUBLIC LAW 90-419-JULY 24, 1968 
417 
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, pro-
vided 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 
tlie 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 govern-
ments 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 im-
provements 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, ordi-
nances 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 inter-governmental bodies having 
interests in or jurisdiction sufficient to affect conditions in the Basin or 
any portion thereof. 
"H. Consider and recommend amendments or agreements supple-
mentary 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 appro-
priate to this work and fix reasonable sales 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. 
Recordkeeping. 
418 
PUBLIC LAW 90-419-JULY 24, 1968 
[82 STAT. 
"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 ar-
rangements as are provided for by Article XIII of the Treaty of 1909 
Relating to Boundary Waters and Questions Arising Between the 
36 Stat. 2454 
United States and Canada. (Treaty Series, No. 548). 
"L. Cooperate with the governments of the Linited 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 Prov-
ince 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 para-
sitical forces endangering the fisheries, wildlife 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 the 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 haye been officially communicated in writing to the 
executive head of the other party states. 
"ARTICLE 
I X 
"It is intended that the provisions of this compact shall be reason-
ably 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 
82 STAT. ] 
PUBLIC LAW 90-420-JULY 24, 1968 
419 
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 circum-
stance shall not be affected thereby, provided further that if this com-
pact 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. The consent herein granted does not extend to paragraph B 
of article II or to paragraphs J, K, and M of article VI of the c<mi-
pact, or to other provisions of article VI of the compact which purport 
to authorize recommendations to, or cooperation with, any foreign 
or international governments, political subdivisions, agencies or bodies. 
In carrying out its functions under this Act the Commission shall be 
solely a consultative and recommendatory agency which will cooperate 
with the agencies of the United States. It shall furnish to the Congress 
and to the President, or to any official designated by the President, dent^.^ ^" '^^^' 
copies of its reports submitted to the party states pursuant to para-
graph O of article IV of the compact. 
SEC. 3. Nothing contained in this Act or in the compact consented 
to hereby shall be construed to affect the jurisdiction, powers, or 
prerogatives of any department, agency, or officer of the United States 
Government or of the (xreat Lakes Basin Committee established under 
title II of the Water Resources Planning Act, or of any international 
commission or agency over or in the Great Lakes Basin or any portion 
thereof, nor shall anything contained herein be construed to establish 
an international agency or to limit or affect in any way the exercise 
of the treatymaking power or any other power or right of the Ignited 
States. 
SEC. 4. The right to alter, amend, or repeal this Act is expressly 
reserved. 
Approved July 24, 1968. 
Report to Con-
79 Stat. 246. 
42 u s e 1962b-
1962b-6. 
Public Law 90-420 
AN ACT 
July 24, 1968 
To ameiul the Xorthwest Atlantic Fisheries Act of 11)50 (rublic Law 81-84r»). 
[S^260] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assemhled, That the Nortlnvest 
Atlantic Fisheries Act of 1950 (64 Stat. 1067; 16 U.S.C. 981-991) is 
amended as follows: 
(a) By changing the period in section 2(a) of the Act to a comma 
and adding the following words: "and amendments including the 1961 
declaration of understanding and the 1963 protocol, as well as the 
convention signed at Washington under date of February 8, 1949." 
(b) By inserting the words "'or mamniar- after the word "iish" in 
section 2(g). 
(c) By adding a new subsection (h) in section 2 of the Act to read 
as follows: 
" (h) Fish : The word 'tisli" means any species of fish, mollusks, crus-
taceans, including lobsters, and all forms of marine animal life cov-
ered by the convention." 
(d) By deleting the words ''outside of the United States"' in section 
4(b). 
Approved July 24, 1968. 
Northwest At-
lantic Fisheries 
Act of 1950, 
amendment. 
Definitions. 
16 
use 
981. 
14 
UST 924; 
17 
UST 
635. 
1 
UST 
477. 
16 
use 983.