(The following information was supplied by the Great Lakes ComInission to answer the frequently asked question:) WHY DOES THE GREAT LAKES COMMISSION NEED THE CONSENT OF CONGRESS? 1. Article 1, Section 10, Clause 3-U.S. Constitution provides that interstate compacts to be of any valid effect, must have the consent of Congress. The Great Lakes Basin Compact is one which we believe should have the Consent of Congress. (Exception-State of Virginia v State of Tennessee 148 US 503 13 S Ct 728, 893). 2. Effective compact implements the policy of the Federal Government which encourages various states to undertake studies and activities which they themselves can perform. 3. Will facilitate the States and the Federal Government to engage in cooperative efforts in solving the various problems related to the Great Lakes area. 4. Will result in more frequent and more fruitful meetings between the numerous persons and entities concerned. 5. Meets a need in constitutional structure. 6. Constitutes an outstanding example of cooperative effort between States and Federal Government. 7. Compact is of a broad scope Commission may make recommendations on any matter clearly within the competence of the Federal Government. Makes Congressional consent a necessity. 8. Because of dispute and element of doubt as to whether Congressional consent is necessary, it would be more prudent to secure Congressional consent than to forego consent and thereby throw doubt on the validity of the compact and the Commission's activities. 9. Congress and not the state involved must be the judge of whether a proposed compact would impinge the rights of the national government. 10. The Senate Committee report on S. 1416 stated "The Committee believes that this is a compact to which (Congressional) consent should be given." S. Report 1888, 85th Congress, 2nd Session, p. 6. 11. The House Committee, after hearing arguments pro and con, on S. 1416 stated: "It seems clear that it would be more prudent to secure Congressional consent rather than to forego consent and thereby throw doubt on the validity of the compact and on the Commission's activities." H. Report 2587, 85th Congress, 2nd Session, p. 5. 12. Deputy Attorney-General Nicholas deB. Katzenbach in a letter to Senator Clinton Anderson (our copy undated but probably May 1962) states-"Hence, in my opinion, it (The Great Lakes Basin Compact) requires Congressional consent under the compact clause. 13. PL 89-80. The Water Resources Planning Act of 1965 which provides for establishment of a River Basin Commission, permits appointment of one member to the Commission by any interstate agency created by interstate compact to which the consent of Congress has been given. 14. Department HEW has advised that that Department is unable to enter into an agreement with the Commission for the coverage of employees of the Commission as an interstate agency under the Federal old-age and survivors program until consent is given. 15. Consent to GLC would be like that granted to other advisory and recommendatory compacts: Atlantic State's marine fisheries compact, Public Law 539, 77th Congress; (Following is a compilation prepared by three members of the Legislative Reference Service staff of the Library of Congress:) ACTS OF CONGRESS AUTHORIZING OR RATIFYING INTERSTATE COMPACTS OR OTHER AGREEMENTS BETWEEN STATES, THROUGH SEPTEMBER 1966, CHRONOLOGICALLY ARRANGED1 Prior to 1850 1. Joint Resolution of May 12, 1820 (3 Stat. 609, V). Boundary Compact. Kentucky and Tennessee. Ratification of agreement made on February 2. 1820, to adjust and establish the boundary line. 2. Act of June 28, 1834 (4 Stat. 708-711). Boundary Compact. New Jersey and New York. Ratification of agreement made on September 16, 1833, and confirmed by the State legislatures, relating to boundary line, jurisdiction of fisheries, etc. [See also Joint Resolution of August 23, 1921, below]. 3. Act of February 15. 1848 (9 Stat. 211, c. 10). Boundary Compact. Arkansas and Missouri. Confirmation of boundary line surveyed by State commissioners and ratified by acts of Arkansas, December 23, 1846 and Missouri, February 16, 1847. 1850-99 Massa 4. Act of January 3, 1855 (10 Stat. 602, c. 20). Boundary Compact. chusetts and New York. Consent to cession of district of "Boston Corner" to New York made by Massachusetts, act of May 14, 1853, and accepted by New York by act of July 21, 1853. Massa 5. Act of February 9, 1859 (11 Stat. 382, c. 28). Boundary Compact. chusetts and Rhode Island. Attorney-General directed to consent to an adjustment of the boundary dispute before Supreme Court, by a line agreed on by the parties and confirmed by decree of court. 6. Joint Resolution of February 21, 1861 (12 Stat. 250, No. 9). Red River Compact. Arkansas, Louisiana and Texas. Assent to acts of State legislatures, past or future, looking to removal of "Raft" from Red River. 7. Joint Resolution of March 10, 1866 (14 Stat. 350, No. 12). Boundary Compact. Virginia and West Virginia. Recognition of transfer of Berkeley and Jefferson Counties to West Virginia, "and consent thereto." 8. Act of March 3, 1879 (20 Stat. 481-483). Boundary Compact. Maryland and Virginia. Ratification of award in the boundary dispute made on January 16, 1877 by arbitrators appointed under authority of State laws. and confirmed by the legislatures. 9. Act of April 7, 1880 (21 Stat. 72, c. 49). Boundary Compact. New York and Vermont. Ratification of cession by Vermont in adjustment of western boundary near Fair Haven, made by act of November 27, 1876 and accepted by New York on March 20, 1879. 10. Act of February 26, 1881 (21 Stat. 351-352). Boundary Compact. Connecticut and New York. Consent to agreement of December 8, 1879 settling the boundary line. [See also Act of January 10, 1925, below]. 11. Act of October 12, 1888 (25 Stat. 553, c. 1094). Boundary Compact. Connecticut and Rhode Island. Consent to agreement of March 25, 1887 (confirmed by Connecticut on May 4, 1887 and by Rhode Island on May 5) settling the sea boundary. 12. Act of August 19, 1890 (26 Stat. 329-333). Boundary Compact. New York and Pennsylvania. Consent to agreement of March 26, 1886, settling the boundary line. 1The original report was completed by Miss Margaret Fennell of the American Law Division, August 12. 1957. The first brief supplement was prepared by Miss Fennell in September, 1959. Hugh C. Keenan, Jr., of the same Division, prepared a second supple. ment in October, 1963. This report. prepared by W. Brooke Graves of the Senior Specialists Division, represents a consolidation of these previous reports with added entries to bring the record up to date. 13. Act of July 24, 1897 (30 Stat. 214, c. 12). Boundary Compact. Nebraska and South Dakota. Consent to compact signed June 3/7, 1897 settling part of boundary line between Clay County, S. Dak., and Dixon County, Nebr. 1900-09 14. Joint Resolution of March 3, 1901 (31 Stat. 1465, No. 19). Boundary Compact. Tennessee and Virginia. Consent to cession of north half of main street between Bristol, Va., and Bristol, Tenn., by Tennessee (made by act of Tennessee, January 28, 1901 and accepted by act of Virginia February 9, 1901). 15. Act of March 1, 1905 (33 Stat. 820, c. 1295). Boundary Compact. Nebraska and South Dakota: Approval of compact (date not given) establishing boundary south of Union County, S. Dak. 16. Act of January 24, 1907 (34 Stat. 858-861). Fisheries Compact. Delaware and New Jersey. Consent to agreement of March 21, 1905 defining jurisdiction over Delaware River, including a provision for concurrent legislation affecting fisheries. 17. Joint Resolution of January 26, 1909 (35 Stat. 1160, No. 4). Boundary Compact. Louisiana and Mississippi. Authorization of compact fixing boundary line and settling criminal jurisdiction upon the Mississippi River. 18. Joint Resolution of January 26, 1909 (35 Stat. 1161, No. 5). Boundary Compact. Arkansas and Mississippi. Authorization of compact fixing boundary line and settling criminal jurisdiction upon the Mississippi River. 19. Joint Resolution of February 4, 1909 (35 Stat. 1163. No. 7). Boundary Compact. Arkansas and Tennessee. Authorization of compact fixing boundary line and settling criminal jurisdiction upon the Mississippi River. 1910-19 20. Joint Resolution of June 7, 1910 (36 Stat. 881, No. 31). Boundary Compact. Kansas and Missouri. Authorization of compact fixing boundary line and determining criminal jurisdiction upon the Missouri River. 21. Joint Resolution of June 10, 1910 (36 Stat. 881, No. 32). Boundary Compact. Oregon and Washington. Authorization of agreement to fix boundary on Columbia River by mutual cessions. 22. Joint Resolution of June 22, 1910 (36 Stat. 882, No. 34). Law Enforcement Compact. Illinois, Indiana, Michigan and Wisconsin. Authorization of compact (between any two or more States) determining criminal jurisdiction on Lake Michigan. 23. Act of March 1, 1911 (36 Stat. 961, c. 186, § 1). Conservation Compact. General consent "to each of the several States *** to enter into any agreement *** with any other State or States" for conservation of forests or water supply. 24. Act of October 3, 1914 (38 Stat. 727, c. 315). Boundary Compact. Connecticut and Massachusetts. Consent to establishment of a boundary line "heretofore agreed upon" under acts of Massachusetts, March 19, 1908 and Connecticut, June 6, 1913. 25. Act of August 8, 1917 (40 Stat. 266, § 5). Flood Control Compact. Minnesota, North Dakota and South Dakota (or any two of them). Authorized to make agreements for improvement of navigation and control of floods on boundary waters and tributaries; execution to be with approval and under supervision of Secretary of War. 26. Act of April 8, 1918 (40 Stat. 515, c. 47). Fisheries Compact. Oregon and Washington. Ratification of compact for protection of fish in Columbia River, etc. (requiring joint approval of any change in laws), approved by Oregon, Laws 1915, Chap. 188, § 20, and by Washington, Laws 1915, Chap. 13, § 116. 27. Act of September 13, 1918 (40 Stat. 959). Boundary Compact. Minnesota cessions of territory, and conse(Wisconsin 1917, Chap. 64 and Minnesota 1917, Chap. 116). 28. Act of July 11, 1919 (41 Stat. 158, c. 11). Hudson River Tunnel Compact. New Jersey and New York. Consent to compact authorized by New 1920-29 Jersey Laws 1918, Chap. 49, 50 and New York Laws 1919, Chap. 70 and General Laws 1919, Chap. 178, providing for construction, etc., of tunnel under Hudson River. 29. Joint Resolution of March 4, 1921 (41 Stat. 1447, c. 176). Law Enforcement Compact. Iowa, Minnesota, Nebraska, North Dakota, South Dakota, and Wisconsin (or any two of them). Authorized by compact to determine jurisdiction over boundary waters. 30. Joint Resolution of June 30, 1921 (42 Stat. 104, c. 38). Boundary Compact. Delaware and Pennsylvania. Ratification of reestablishment of boundary line (Newcastle circle) agreed to by Pennsylvania, act of June 22, 1897 and by Delaware, act of March 28, 1921. 31. Act of August 19, 1921 (42 Stat. 171, c. 72). Colorado River Compact. Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming. Consent to negotiation of an agreement (not later than January 1, 1923) for an apportionment of the waters of the Colorado River and its tributaries-subject to approval by legislature of each State and by Congress. An agreement was reached under this authorization, dated November 24, 1922, which was ratified by each of the States except Arizona during the year 1923. In view of the failure of Arizona to ratify, the other six states, at the 1925 sessions, waived the requirement of approval by all seven; and Congress, in the Boulder Canyon Project Act of 1928, ratified it as thus modified (45 Stat. 1064 § 13-a). 32. Joint Resolution of August 23, 1921 (42 Stat. 174-180). Port of New York Authority Compact. New Jersey and New York. Consent to agreement of April 30, 1921 (under provisions of New York Laws 1921, c. 154 and New Jersey Laws 1921, c. 151) for the development of the Port of New York Authority-phrased as a supplement to agreement of 1834, noted above. 33. Joint Resolution of July 1, 1922 (42 Stat. 822-826). New Jersey and New York. Consent to supplemental agreement for development of port of New York, contained in New York Laws 1922, c. 43 and New Jersey Laws 1922, c. 9. 34. Joint Resolution of September 22, 1922 (42 Stat. 1058). Interstate Taxation Compact. Kansas and Missouri. Consent to compact contained in a resolution of Missouri, April 15, 1921 and of Kansas, March 18, 1921, by which the States mutually exempted the municipal waterworks of Kansas City (Kansas and Missouri) from taxation. 35. Act of January 10, 1925 (43 Stat. 731-738). Boundary Compact. Connecticut and New York. Consent to agreement of January 3, 1911 (Conn.) and March 15, 1912 (N.Y.) redescribing the entire boundary-said agreement having been duly ratified and "congressional approval ✶ ✶ ✶ authorized by said States." 36. Act of January 29, 1925 (43 Stat. 796-798). La Plata River Compact. Colorado and New Mexico. Consent to compact for equitable distribution of waters of La Plata River, and establishing the La Plata River Compact Commission, signed November 27, 1922, and ratified by Colorado, act of April 13, 1923, and by New Mexico, act of February 7, 1923. 37. Act of March 4, 1925 (43 Stat. 1268, c. 534). Columbia River Compact. Idaho, Montana, Oregon and Washington. Consent to negotiation of compact (not later than January 1, 1927-extended to December 1, 1927, by 44 Stat. 247, c. 129, and to December 31, 1930, by 44 Stat. 1403, c. 382) for apportionment of water supply of Columbia River and its tributaries—subject to subsequent approval by each State and by Con gress. 38. Act of March 8, 1926 (44 Stat. 195–201). South Platte River Compact. Colorado and New Mexico. Consent to South Platte River compact, signed on April 27, 1923 and approved by Colorado, act of February 26, 1925 and Nebraska, act of May 3, 1923. Nebraska later dropped out. 39. Act of July 3, 1926 (44 Stat. 831, c. 754). Snake River Compact. Idaho, Oregon, Washington and Wyoming. Consent to negotiation of compacts for apportionment of waters of Snake River-subject to ratification by each State and by Congress. 40. Act of February 26, 1927 (44 Stat. 1247). Apportionment of Waters Compact. South Dakota and Wyoming. Consent to negotiation of compacts for apportionment of waters of Belle Fourche and Cheyenne Riverssubject to ratification by each State and by Congress. 41. Joint Resolution of February 16, 1928 (45 Stat. 120-128). Lake Champlain Bridge Compact. New York and Vermont. Consent "to enter into the agreement or compact executed by the commissioners" appointed by said States for the creation of the Lake Champlain Bridge Commission; ratified, approved, and confirmed. 42. Joint Resolution of March 10, 1928 (45 Stat. 300-303). Menominee River Bridge Compact. Michigan and Wisconsin. Consent to enter into compact relating to construction and maintenance of bridge over Menominee River, executed by commissioners on January 14, 1927 under authority of 87, Wisconsin Statutes and Michigan Laws 1925, No. 354 and 1927, Spec. Act No. 98. 43. Act of December 21, 1928 (45 Stat. 1058, c. 42). Colorado River Compact. Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. In addition to the ratification of the Colorado River compact in § 13, as noted above, the Boulder Canyon Project Act in § 4 authorized Arizona, California and Nevada to make an agreement regarding apportionment of water; and in § 19 authorized the seven States mentioned to negotiate supplemental compacts for the development of the Colorado River. 44. Joint Resolution of March 1, 1929 (45 Stat. 1444, c. 448). Land Title Compact. Oklahoma and Texas; Texas and New Mexico. Consent to negotiation of compact (apparently to be formulated by the President) relative to title to lands transferred under authority of the case of Oklahoma v. Texas, 272 U.S. 21 and the case of New Mexico v. Texas, 276 U.S. 557. Such compacts to be ratified by the States and by Congress. 45. Act of March 2, 1929 (45 Stat. 1502, c. 520). Apportionment of Waters Compact. Colorado and New Mexico. Consent to negotiation of compact for apportionment of water supply of Rio Grande, San Juan and Las Animas Rivers; subject to approval by States and by Congress. 46. Act of March 2, 1929 (45 Stat. 1502, c. 521). Apportionment of Waters Compact. New Mexico, Oklahoma and Texas. Consent to negotiation of compacts for apportionment of water supply of Rio Grande, Pecos and Canadian or Red Rivers; subject to approval by the States and by Congress. 47. Act of March 2, 1929 (45 Stat. 1503, c. 522). Cimarron River Compact. New Mexico and Oklahoma. Consent to negotiation of compacts for apportionment of water supply of Cimarron River and any other streams in which jointly interested; subject to approval by States and by Congress. 48. Act of March 2, 1929 (45 Stat. 1517, c. 537). Apportionment of Waters Compact. Arizona and New Mexico. Consent to negotiation of compacts for apportionment of water supply of Gila and San Francisco Rivers and other streams in which jointly interested; subject to approval by the States and by Congress. 49. Act of March 2, 1929 (45 Stat. 1517, c. 538). Arkansas River Compact. Colorado, Kansas and Oklahoma. Consent to negotiation of compacts for apportionment of Arkansas River and other streams in which jointly interested; subject to approval by the States and by Congress. 1930-39 50. Act of April 10, 1930 (46 Stat. 154, c. 130). Red River Bridge Compact. Oklahoma and Texas. Consent "to any agreements or compacts that have heretofore been or may hereafter be entered into" relating to construction and maintenance of bridges over the Red River. 51. Act of June 17, 1930 (46 Stat. 767-773). Rio Grande River Compact. Colorado, New Mexico and Texas. Approval of Rio Grande River Compact, signed February 12, 1929 and approved by Colorado, act of April 29, 1929, by New Mexico, act of March 9, 1929 and by Texas, act of May 22, 1929. 52. Act of January 19, 1931 (46 Stat. 1039, c. 41). Boundary Compact. Idaho and Wyoming. Consent to negotiation of compacts with respect to boundary line subject to approval by the States and by Congress. |