Volume 154, No. 66 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“INTRODUCTION OF A RESOLUTION TO OPPOSE THE IJC'S PROPOSED WATER LEVEL MANAGEMENT PLAN” mentioning the Environmental Protection Agency was published in the Extensions of Remarks section on pages E715-E717 on April 24, 2008.
The publication is reproduced in full below:
INTRODUCTION OF A RESOLUTION TO OPPOSE THE IJC'S PROPOSED WATER LEVEL
MANAGEMENT PLAN
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HON. JOHN M. McHUGH
of new york
in the house of representatives
Thursday, April 24, 2008
Mr. McHUGH. Madam Speaker, I rise today to introduce a resolution concerning the International Joint Commission, IJC, and water level management on Lake Ontario and the St. Lawrence River. I am deeply disappointed that it has come to the point where such action by Congress is necessary.
I have the distinct privilege of representing the entirety of the American span of the St. Lawrence River, as well as a significant portion of Lake Ontario. As a native of the area, I cannot emphasize enough the importance of the selection of an appropriate water level management plan to my constituents who live, work, and vacation along Lake Ontario and the St. Lawrence River.
The Great Lakes represent the largest supply of fresh water on the planet and this vast supply of fresh water flows out to the saltwater of the Atlantic Ocean via the St. Lawrence River. However, following the completion of the St. Lawrence Seaway and the Moses-Saunders Power Project in the 1950's, there was no choice but to come up with a plan for ``artificially'' regulating this outflow. Unfortunately, the current water level regulation plan, known as ``1958 D with Deviations,'' has resulted in significant negative environmental impacts on fisheries and wildlife throughout the region I represent in Congress. For example, the current regime has resulted in the substantial derogation of at least 33,000 acres of wetlands, allowing a thick cattail monoculture to expand and replace large areas of biodiverse meadow marsh, resulting in the loss of habitat for a wide range of aquatic, avian, and upland species.
Since 2000, the IJC's International Lake Ontario St. Lawrence River, LOSL, study has spent more than $20 million in taxpayer money to develop an approach to water level regulation that would best suit the environmental and economic needs of this vital natural resource. And, over the years, the IJC has devised plan after plan to achieve that goal--soliciting extensive public comment to fully vet these proposals with the residents who are most affected. Yet, for all of that effort, the IJC has chosen to waste years of research and millions of dollars in taxpayer money, in addition to ignoring significant amounts of public comment, by proposing a brand new water levels regime ``Plan 2007.'' Moreover, I am very concerned that the lack of transparency in the IJC final development of ``Plan 2007'' was created in the shadows and with little or no outside input.
It is clear to anyone living in this region that the wrong approach to water level regulation can have significant negative impacts. We have all seen firsthand the devastating consequences that the existing regime has had on the environment. The status quo is simply unacceptable. We need a comprehensive and effective approach to regulate the water levels of both Lake Ontario and the St. Lawrence River. Thus, like many residents along the lake and river, I invested time and effort to support the approach I believed best met the environmental and economic requirements of the region--Plan B+. I believe B+ appropriately balances sound environmental principles with the needs of both residents and recreational boaters, while, at the same time, providing benefits for the Moses-Saunders Power Project.
Virtually every regional and environmental organization that has examined this process agree that Plan B+ is based on sound scientific principles and is the one approach that best meets all the needs of the various stakeholders. Unfortunately, despite the public vetting of three proposed plans, on March 28, 2008, the IJC released ``Plan 2007,'' which had not previously been submitted to the public for comment or fully evaluated by the scientific community and the State of New York, as the proposed water level management plan for Lake Ontario and the St. Lawrence River.
Plan 2007 does little to improve the existing water level management plan, both in terms of environmental protection and hydropower generation. Further, lessons learned from the LOSL Study will be used for the Upper Great Lakes Study to examine water levels on the St. Claire River and Lakes Ontario and Huron.
Therefore, today, along with the Gentlewoman from Western New York, Mrs. Slaughter, a co-chair of the Great Lakes Task Force and trained biologist, I am introducing a resolution which calls on the Secretary of State to not approve Plan 2007. It further asks that the Secretary ensure that any plan which is adopted provide adequate environmental protection, maximize hydropower generation, and fully considers the views of the public and affected state governments.
For the record, I am including letters of support for this resolution from Alcoa-Massena Operations; Alliance for the Great Lakes; American Rivers; Audubon; Audubon New York; Buffalo Niagara Riverkeeper; Citizens Campaign for the Environment; Ducks Unlimited--Great Lakes Region; Environmental Advocates of New York; Freshwater Future; Georgian Baykeeper for Georgian Bay Association and Foundation; Great Lakes Sport Fishing Council; Great Lakes United; International Association for Great Lakes Research; International Water Level Coalition; Izaak Walton League--New York Division; Michigan United Conservation Clubs; Midwest Environmental Advocates; National Wildlife Federation--Great Lakes; Save the River/Upper St. Lawrence Riverkeeper; The Nature Conservancy--New York; The New York State Conservation Council; Thousand Islands Land Trust; and Wisconsin Council of Trout Unlimited.
I urge my colleagues to join with Mrs. Slaughter and me as cosponsors of this resolution. I will continue to work with my colleagues and my constituents by using every legislative tool at my disposal to ensure that the St. Lawrence River and Lake Ontario continue to be vibrant natural resources for future generations.
Alcoa Primary Metals/
Global Hard Alloy Extrusions,
Massena. NY, April 22, 2008.Congressman John M. McHugh,Rayburn Office Building,Washington, DC.
Dear Congressman McHugh: As a major North Country employer dependent upon hydropower for our production operations, we have a strong interest in the future of the St. Lawrence River and have closely followed the debate over various water level regulation plans.
We concur with you that it is imperative a plan be adopted by the International Joint Commission that takes into account environmental considerations and the concerns of the public, while at the same time maximizing hydropower production. As you recognize, all three of these issues--environmental considerations, public concerns regarding recreational uses and hydropower--are closely linked to the economy of this region. A St. Lawrence River water level management plan should clearly address these concerns in consideration of the economic future of the North Country.
We fully support your resolution regarding a water levels management plan that takes these three issues into account.
Sincerely,
Wesley Oberholzer,
Primary Location Manager,Alcoa Massena Operations.
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American Rivers,
Washington, DC, April 22, 2008.Hon. John M. McHugh,House of Representatives, Rayburn House Office Building,
Washington, DC.Hon. Louise McIntosh Slaughter,House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Representatives McHugh and Slaughter: On behalf of our 65,000 members and supporters, I am writing in support of your resolution expressing the sense of the U.S. House of Representatives that the International Joint Commission (IJC) should adopt an appropriate water level management plan for Lake Ontario and the St. Lawrence River.
On April 17th, American Rivers named the St. Lawrence River as one of our Most Endangered Rivers of 2008. This annual report highlights the rivers of our nation that are facing the most uncertain futures. This year, the International Joint Commission has an opportunity to revise the deleterious 50-year-old water management plan for the Moses-Saunders Dam. The current plan has severely degraded river health and is threatening the river's lucrative tourism and recreation economy, and quality of life. The IJC must adopt a plan that provides 21st century solutions that benefit the millions of people who depend upon the river.
Research conducted by more than 180 scientists from the U.S. and Canada discovered that the current plan, which severely limits natural water level fluctuations, has significantly impacted the river environment. These conditions can be reversed by allowing the river to have a more natural flow as is proposed by Plan B+, a plan currently before the IJC. Plan B+ is widely supported by federal and state agencies, including the U.S. Fish and Wildlife Service, U.S. Environmental Protection Agency, Environment Canada and the New York Departments of Environmental Conservation and State, as well as numerous scientists, environmental groups, and federal, state and local lawmakers.
Thank you for introducing this resolution and for your leadership in ensuring that the most appropriate water level management plan is chosen for the Lake Ontario-St. Lawrence system.
Sincerely,
Rebecca R. Wodder,President.
____
The Nature Conservancy,
Albany, NY, April 21, 2008.Congressman John McHugh,House of Representatives, Rayburn HOB, Washington, DC.Congresswoman Louise Slaughter,House of Representatives, Rayburn HOB, Washington, DC.
Dear Congressman McHugh and Congresswoman Slaughter: On behalf of the 65,000 members of The Nature Conservancy in New York, I write in strong support of your resolution on an environmentally sound and economically beneficial regulation plan for Lake Ontario and the St. Lawrence River.
The 650-mile coastline of Lake Ontario and the upper St. Lawrence River constitutes the largest coastal environment in New York State. Lake Ontario and the upper River harbor more than 64,000 acres of coastal wetlands, extensive barrier beaches, and other coastal habitats that have been shaped over thousands of years by the ebb and flow of the lake and river.
Sound water management is an essential step in preserving the ecological health of freshwater ecosystems like Lake Ontario. Healthy ecosystems enhance our quality of life, and provide the foundation for a healthy economy.
After six years of study, with stakeholder consultation and exemplary science, the International Joint Commission (IJC) has an historic opportunity to exercise principles of sound water management in the regulation of Lake Ontario/St. Lawrence.
However, the proposed new regulation plan released for public comment by the IJC--Plan 2007--does not restore the 30-year cycles that maintained the wetlands and dunes of Lake Ontario's coast prior to advent of water level regulation 50 years ago. The IJC's own 6-year study demonstrated that restoration of these age-old cycles could provide clear ecosystem benefits, and also economic benefits to the people of the basin.
An alternative regulation plan that achieves these benefits--Plan B+--was developed by the IJC study. The approach to water management of Plan B+ is to mimic Lake Ontario's natural hydrologic rhythm while dampening the extremes of high and low levels that can lead to economic damages.
By suggesting a pathway toward the much greater environmental improvements of Plan B+, the IJC recognizes the scientific basis for the broad support this plan has received from the State of New York and from federal and state/provincial agencies and NGOs in the U.S. and Canada.
Your resolution takes an important step toward adoption of a regulation plan that provides ecosystem benefits, addresses the concerns of the public and the State of New York, and increases the economic benefits from hydropower production for all New Yorkers. The Nature Conservancy thanks you for your initiative in developing this resolution, and we will join with partner organizations to bring concerned citizens to the public hearings in support of your efforts.
Sincerely,
Kathleen Moser,
Acting State Director.
____
Audubon New York,
Albany, NY, April 21, 2008.Hon. Louise Slaughter,House of Representatives, Rayburn House Office Building,
Washington, DC.Hon. John McHugh,House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Congresswoman Slaughter and Congressman McHugh, On behalf of Audubon New York and the National Audubon Society, we write to you today in strong support of your resolution calling for a strong, environmentally sustainable water level management regulation to be developed for Lake Ontario and the St. Lawrence River. This strong and timely resolution sends a clear message that the environmental needs of the Great Lakes Ecosystem must be adequately addressed and protected before any such regulation developed by the International Joint Commission (IJC) is approved.
As you are aware, the Great Lakes are an amazing natural resources that is critical not only to the region's birds and other wildlife, but to the economy and quality of life of the 42 million people that live within its watershed. More than 300 different bird species call the Great Lakes their home, but due to a host of factors, especially the loss of coastal wetland habitat, the populations of many of these species are in serious decline.
Specifically in the Lake Ontario/St. Lawrence River ecosystem, as your resolution points out, over the last fifty years since the IJC began regulating water levels we have observed a fifty percent loss of coastal wetlands in the region. The loss of these important habitats not only reduces nesting availability for many species of birds, but also reduces food availability through the loss of important fish spawning grounds.
It is very unfortunate that the IJC has missed this important opportunity to reverse the decades of decline, and develop a regulation that restores a more natural flow and fluctuation of water levels in Lake Ontario and the St. Lawrence River, which is needed to sustain these important coastal ecosystems. By ignoring the findings of their six year, $20 million study and proposing ``Plan 2007'', the IJC is proposing to maintain the status quo and change little from the current management plan. ``Plan 2007'' will not restore the natural cyclical rhythms of Lake Ontario and the St. Lawrence River as was proposed in ``Plan B+'', the widely supported management proposal developed in the IJC Study that would provide significant environmental improvements to the region.
Audubon New York and the National Audubon Society applauds your attention to the need to restore the coastal ecosystems of Lake Ontario and the St. Lawrence River, and strongly supports your resolution calling for the adoption of a regulation that provides ecosystem benefits, and addresses the concerns of the public and the State of New York. We thank you for your strong efforts on this critical issue, and look forward to working with you and our partners throughout the region to ensure a sound environmental plan is implemented.
Sincerely,
Albert E. Caccese,
Executive Director.
John Flicker,President.
____
Ducks Unlimited,
Ann Arbor, MI, April 17, 2008.Congressman John McHugh,House of Representatives, Rayburn HOB, Washington, DC.Congresswoman Louise Slaughter,House of Representatives, Rayburn HOB, Washington, DC.
Dear Congressman McHugh and Congresswoman Slaughter: On behalf of the 16,000 Ducks Unlimited members in New York, I would like to thank you for your initiative on developing the resolution regarding the water level management plan for Lake Ontario and the St. Lawrence River. As you know, DU has been engaged in this issue for many years, and strongly encouraged the International Joint Commission to adopt Plan B+ for future water level management of the Lake Ontario/St. Lawrence system. In our scientific opinion. Plan B+ delivered the best overall environmental, economic and social benefits to all affected interests.
In our opinion, Plan 2007 as presented by the IJC does not go far enough to remedy the past management regime, nor look forward enough to ensure multiple future benefits for the majority of affected people and resources. DU is mobilizing our membership to be present at the public information sessions and public hearings scheduled by the IJC so that our voice will be heard.
Therefore, Ducks Unlimited supports your bi-partisan House Resolution calling for the IJC to increase the level of environmental protections and benefits, fully consider the views of the public and State of New York when selecting the new plan, and maximize hydropower production (in line with Plan B+). Again, thank you for your leadership on this issue, and rest assured that Ducks Unlimited will be following this important environmental issue very closely.
Sincerely,
Ray Whittemore,Director of Conservation Programs.
____
April 22, 2008.Hon. John McHugh,House of Representatives,Washington, DC.Hon. Louise M. Slaughter,House of Representatives,Washington, DC.
Dear Congressman McHugh and Congresswoman Slaughter, We, the undersigned organizations, are writing to express our support for the house resolution you've developed that urges the International Joint Commission to adopt a water management plan for the St. Lawrence River and Lake Ontario that takes into consideration environmental needs and the concerns of the public and affected States and urges the Secretary of State to reject any plan that does not do so.
Since the completion of the Moses-Saunders hydropower dam 50 years ago, the Lake Ontario and St. Lawrence River ecosystems have suffered consistent losses to their globally significant biodiversity due to unnatural and damaging water levels regulation. The current, 50 year-old regulation scheme has artificially constrained water levels, resulting in considerable damage to more than 50% of the region's coastal wetlands and significant impacts to many fish species and nesting water birds.
After more than five years of study funded by $20-million taxpayer dollars, the IJC has the information necessary to select a scientifically-based and publicly supported management plan that would deliver significant environmental improvements to the region. Instead, the IJC has turned its back on the Lake and River environment by proposing a plan--Plan 2007--that continues, and perhaps even worsens, the environmental destruction of the Lake and River.
In a time of unprecedented momentum towards restoring the Great Lakes-St. Lawrence system, the actions by the IJC that would reverse restoration programs are unacceptable.
We applaud your efforts to ensure that the environment of the St. Lawrence River and Lake Ontario are protected from further damage. By introducing and supporting this resolution, you are sending a strong signal to the International Joint Commission that the status quo. which has resulted in the significant losses of wetlands throughout the River and Lake ecosystem, is not acceptable.
Sincerely,
Jennifer Caddick, Executive Director, Save The River/
Upper St. Lawrence Riverkeeper; Joel Brammeier, Vice
President for Policy, Alliance for the Great Lakes;
April H. Gromnicki, Esq., Director, Ecosystem
Restoration, Audubon; Albert E. Caccese, Executive
Director, Audubon New York; Julie M. Barrett O'Neill,
Esq., Riverkeeper and Executive Director, Buffalo
Niagara Riverkeeper; Dereth Glance, Executive Program
Director, Citizens Campaign for the Environment; Gildo
M. Tori, Director of Public Policy, Ducks Unlimited;
Katherine Nadeau, Water & Natural Resources Program
Associate, Environmental Advocates of New York; Jill
Ryan, Executive Director, Freshwater Future; Mary
Muter, Vice President, Environment, Georgian Baykeeper for Georgian Bay Association and Foundation; Thomas
Marks, NY Director, Great Lakes Sport Fishing Council.
John Jackson, Director, Clean Production, Great Lakes
United; Robert A. Sweeney, PhD, Executive Director,
International Association for Great Lakes Research;
Nancy Foster, Secretary, International Water Levels
Coalition; Les Monostory, President, New York Division,
Izaak Walton League; Robert M. Borchak, Director at
Large, Michigan United Conservation Clubs; Karen M.
Schapiro, Executive Director, Midwest Environmental
Advocates; Andy Buchsbaum, Regional Executive Director,
National Wildlife Federation; Harold L. Palmer,
President, New York State Conservation Council; Aaron
R. Vogel, Executive Director, Thousand Islands Land
Trust; Bill Pielsticker, Legislative Chair, Wisconsin
Council of Trout Unlimited.
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