Designating Lake Saint Clair a "Great Lake": Legal Analysis

Order Code RL31714

Report for Congress

Received through the CRS Web

Designating Lake Saint Clair

a “Great Lake”:

Legal Analysis

January 27, 2003

Stephen R. Viña

Legislative Attorney

American Law Division

Congressional Research Service ˜ The Library of Congress

Designating Lake Saint Clair a

“Great Lake”: Legal Analysis

Summary

The Great Lakes and their connecting waters form the largest fresh surface water

system on Earth. The Great Lakes affect millions of people as well as aspects of the

natural environment. Consequently, law makers have now become sensitive to the

industrial and environmental needs of the Lakes. Several federal agencies play key

roles in the management and protection of the Great Lakes by implementing

programs for pollution control, conservation, navigation, and scientific research.

Lake Saint Clair is located between Lakes Huron and Erie, and is the smallest lake

in the Great Lakes system. Although not recognized as a traditional “Great Lake,”

Lake Saint Clair is a vital resource to many of the region’s citizens, animals, and

ecosystems.

This report focuses on the statutory language of the programs specifically

authorized for the Great Lakes and discusses various national programs as

applicable. In particular, this report discusses the statutory programs that benefit the

“Great Lakes” and how these programs would benefit Lake Saint Clair, if designated

as a “Great Lake.” This discussion, however, requires an initial consideration of the

statutory language for each program to assess whether Lake Saint Clair is not already,

either explicitly or implicitly, eligible to receive the benefits of a program.

A review of the programs discussed herein demonstrates that Lake Saint Clair

is generally included in the statutory language for programs that benefit the “Great

Lakes,” the “Great Lakes Basin,” or the “Great Lakes Region,” or for a “Great Lakes

State.” In essence, Lake Saint Clair appears eligible for most of the programs and

funding that are specifically designated for the traditional Great Lakes and may be

eligible under others. Thus, a designation as a “Great Lake” would appear to have

little or no legal significance for these purposes. This report will be updated as

warranted.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Department of Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Great Lakes Basin Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Department of Commerce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Marine Sanctuaries Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Department of State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Great Lakes Fishery Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Department of the Interior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Great Lakes Fish and Wildlife Restoration . . . . . . . . . . . . . . . . . . . . . . 4

United States Geological Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Department of Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

United States Coast Guard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Saint Lawrence Seaway Development Corporation . . . . . . . . . . . . . . . . 6

Environmental Protection Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Great Lakes National Program Office . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Great Waters Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Department of Health and Human Services . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Agency for Toxic Substances and Disease Registry . . . . . . . . . . . . . . . 7

Army Corps of Engineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

River and Harbors Act of 1958 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Water Resources Development Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

List of Figures

Figure 1. Great Lakes System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Designating Lake Saint Clair a

“Great Lake”: Legal Analysis

Introduction

As the largest concentration of fresh water on Earth, the Great Lakes play a vital

role in the daily lives of millions of people and the economies of two nations.

Traditionally, the term “Great Lakes” has always included lakes: Huron, Ontario,

Michigan, Erie, and Superior. Beyond these bodies of water, the broader Great Lakes

system also includes all of the streams, rivers, lakes, and other bodies of water within

the drainage basin of the Great Lakes. As an entity, the Great Lakes system provides

channels of transportation for hundreds of manufacturers, a billion dollar commercial

and recreational fishing industry, and drinking water for the nearly 40 million U.S.

and Canadian residents of the region.

The channels that connect the Great Lakes play an important role in the system.

Although not normally characterized as a “Great Lake,” Lake Saint Clair is located

within the Great Lakes system (see Figure 1) and plays a vital role in the livelihood

of many Americans and Canadians. Lake Saint Clair, located just northeast of

Detroit, Michigan, is a 420 square mile body of water connecting Lake Erie and Lake

Huron. Lake Saint Clair measures 26 miles long and 14 miles wide at its widest

point and is 21 feet deep at its greatest natural depth. Heart shaped and shallow,

Lake Saint Clair is home to an extensive delta and an Indian reservation and provides

drinking water to nearly six million Americans and Canadians. Nevertheless, Lake

Saint Clair is also plagued with a variety of ills from toxic contamination to

reoccurring dredging needs.

Due to the multitude of interests that are affected by the Great Lakes, law

makers have attempted to address this natural resource from a variety of

environmental concerns. In general, Great Lakes programs funded by the federal

government have concerned pollution, weed and flood control, the elimination of

noxious marine life, wetland restoration, conservation, navigation, and scientific

research. Several federal agencies play an important role in the management and

protection of the Great Lakes, including the Departments of Agriculture, Commerce,

State, Health and Human Services, the Interior, and Transportation, the

Environmental Protection Agency, and the Army Corps of Engineers. These federal

agencies oversee programs that are national in scope with the potential to affect the

Great Lakes and programs that are designed solely to benefit the Great Lakes.

This report discusses the selected statutory programs that benefit the “Great

Lakes” and how these programs would benefit Lake Saint Clair, if designated as a

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“Great Lake.”1 This discussion necessarily requires an initial consideration of the

statutory language for each program to ensure that Lake Saint Clair is not already,

either explicitly or implicitly, eligible to benefit under the program. Only if a

program is strictly limited to the traditional five “Great Lakes” themselves, and does

not also cover other components of the Great Lakes system, would formal

designation of Lake Saint Clair as a “Great Lake” expand its current eligibility.

Figure 1. Great Lakes System

Department of Agriculture

Great Lakes Basin Program. One important program, the Great Lakes

Basin Program, was initiated in 1988 to address the economic and environmental

issues associated with soil erosion and sedimentation.2 The several million tons of

top soil that wash into the Great Lakes every year create hazardous conditions for

bottom-dwelling wildlife and impede navigation. Through the collaborative efforts

1

Though not completely exhaustive, CRS has attempted to be as inclusive as possible in this

compilation and has relied heavily on the compilation and information contained in The

Great Lakes at the Millennium: Priorities for Fiscal 2001, by Rochelle Sturtevant & Allegra

Cangelosi (2000) available at: [http://www.nemw.org/GLFY2001.pdf].

2

The predecessor of the Great Lakes Basin Program was authorized under the USDA’s

Conservation Reserve Program in 1985. See Food Security Act of 1985, Pub. L. No. 99198. The current Great Lakes Basin Program was added by Pub. L. No. 107-171 (current

version at 16 U.S.C. §3839bb-3).

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of the U.S. Department of Agriculture, the U.S. Environmental Protection Agency

and the Great Lakes Commission, the Great Lakes Basin Program provides

competitive grants and educational programs to the eight Great Lakes states3 and

local jurisdictions.

Although no definition for the term “Great Lakes Basin” exists in the statute that

enacted the program (16 U.S.C. § 3839bb-3), the term is defined in the Great Lakes

Basin Compact,4 which was an earlier agreement between the Great Lakes states to

cooperatively develop, use, and conserve the waters of the Great Lakes Basin. To

manage the resources of the Great Lakes Basin, the Compact established the Great

Lakes Commission, which is specifically referred to in 16 U.S.C. § 3839bb-3.

According to Article III of the Great Lakes Basin Compact, the term “Basin”

specifically includes Lake Saint Clair, as well as the five traditional Great Lakes.

Consequently, if it is reasonable to give “Great Lakes Basin” the same meaning in

the statute that it has in the compact, designating Lake Saint Clair a “Great Lake”

would likely have no effect under this program since it appears to already be included

within the statute. Furthermore, as a lake off the coast of Michigan, Lake Saint Clair

would apparently receive the benefits associated with Michigan’s status as a “Great

Lake State.”

Department of Commerce5

Marine Sanctuaries Program. Originally created under the Marine

Protection, Research and Sanctuaries Act of 1972, the Marine Sanctuaries Program6

was established to identify, designate, and manage areas of marine environment with

significant conservation, recreational, ecological, historical, scientific, educational,

cultural or esthetic qualities. Once a “marine environment” has been designated a

“marine sanctuary” by the Secretary, it will be managed as part of the National

Marine Sanctuary System.7 Currently, twelve Marine Sanctuaries have been

designated, including a program for Thunder Bay on Lake Huron. The statute defines

“marine environment” as “those areas of coastal and ocean waters, the Great Lakes

and their connecting waters . . . .”8 This definition appears to include Lake Saint

Clair since it is part of the Great Lakes’ “connecting waters.” Accordingly, Lake

3

See The Great Lakes at the Millennium: Priorities for Fiscal 2001, by Rochelle Sturtevant

& Allegra Cangelosi (2000) available at: [http://www.nemw.org/GLFY2001.pdf]. “Great

Lakes State” means any of the following states: Illinois, Indiana, Michigan, Minnesota, New

York, Ohio, Pennsylvania, or Wisconsin. See, e.g., 33 U.S.C. §1268(3)(G) and 16 U.S.C.

§931(e) (listing “Great Lakes States”).

4

Pub. L. No. 90-419.

5

For information on the Department of Commerce’s Great Lakes Environmental Research

Laboratory see The Great Lakes at the Millennium: Priorities for Fiscal 2001, by Rochelle

Sturtevant & Allegra Cangelosi (2000) available at:

[http://www.nemw.org/GLFY2001.pdf].

6

Pub. L. No. 92-532 (codified as amended at 16 U.S.C. §1431).

7

16 U.S.C. §1431(b)(1).

8

Id. at §1432(3).

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Saint Clair would likely be eligible for the benefits of this statutory program and a

“Great Lake” designation would seem to have no significant legal impact.

Department of State

Great Lakes Fishery Commission. The Great Lakes Fishery Commission

was first conceived by the United States and Canada at the Great Lakes Fisheries

Convention in 1954 in order to restore Great Lakes fish populations devastated by sea

lamprey predation. The Convention’s proceedings later helped develop the Great

Lakes Fishery Act of 1956.9 Through the Fishery Commission, programs have been

established to research and improve fisheries and to minimize sea lamprey

populations throughout the Great Lakes. Under the Great Lakes Fishery Act of 1956,

“Great Lakes” is defined to specifically include Lake Saint Clair.10 Thus, Lake Saint

Clair is already eligible to receive program services from the Great Lakes Fishery

Commission.

Department of the Interior

Great Lakes Fish and Wildlife Restoration. The United States Fish and

Wildlife Service (FWS) provides a variety of services to the Great Lakes Basin.11

Through the Great Lakes Fish and Wildlife Restoration Acts of 199012 and 1998,

FWS has worked with other government and private entities to develop proposals

for the implementation of fish and wildlife protections in the Great Lakes Basin and

to encourage cooperative conservation, restoration, and management of fish and

wildlife resources.13 Additionally, the Great Lakes Fish and Wildlife Restoration Act

of 1998 reauthorized FWS’s Great Lakes Fishery Coordination Offices and Fishery

Resources Offices.14 These offices serve as central locations for the coordination of

all FWS activities in the Great Lakes Basin.

The Great Lakes Fish and Wildlife Restoration Act uses the term “Great Lakes

Basin” to determine the locality for its programs. Under the Restoration Act, “Great

Lakes Basin” is defined as “the air, land, water, and living organisms within the

drainage basin of the Saint Lawrence River at or upstream from the point at which

the river becomes the international boundary between Canada and the United

9

Pub. L. No. 84-558 (codified at 16 U.S.C. §§931-939).

10

16 U.S.C. §931(e).

11

For example, one national FWS program of great importance to the Great Lakes is the

Aquatic Nuisance Species Program. Authorized by the Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990, Pub. Law No. 101-646 (codified as amended at 16

U.S.C. §§4701-4751), this national program performs activities to prevent, manage, monitor

and control aquatic invasive species. The Act specifically includes Lake Saint Clair within

its definition of Great Lakes; therefore, Lake Saint Clair may receive the same benefits as

the other specifically designated lakes under the Act. See 16 U.S.C. §4702(7).

12

Pub. L. No. 101-537 (codified as amended at 16 U.S.C. §§941-941g).

13

16 U.S.C. §941(a).

14

Id. at §941(e).

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States.”15 This definition appears to include Lake Saint Clair since the waters from

Lake Saint Clair drain into the basin of the Saint Lawrence River upstream from the

point at which the river becomes the international boundary. Consequently, Lake

Saint Clair appears to be included in the term “Great Lakes Basin” and currently is

eligible for programs associated with the Great Lakes Fish and Wildlife Restoration

Act.

United States Geological Survey.16 As a part of the United States

Geological Survey, the Great Lakes Mapping Coalition (GLMC) provides maps for

the safe navigation of commerce and provides basic data for engineering and

scientific purposes of the shoreline areas associated with the Great Lakes.17 GLMC

is authorized under the Great Lakes Shoreline Mapping Act of 1987, which

specifically includes Lake Saint Clair under its definition of “Great Lakes.”18 As a

result, GLMC is specifically authorized to map the shorelines of Lake Saint Clair,

and a designation as a “Great Lake” would not entitle the lake to additional services

from the Great Lakes Mapping Coalition.

Department of Transportation

United States Coast Guard.19 The United States Coast Guard performs a

variety of functions that serve the Great Lakes region.20 The Coast Guard has the

authority to develop and operate icebreaking facilities “on, under, and over the high

seas and waters subject to the jurisdiction of the United States.”21 In general, ice

breaking functions are required to facilitate the movement of maritime commerce,

to relieve ice jams that cause flooding, and to assist other agencies in the pursuit of

maritime science. Because Lake Saint Clair is a body of water subject to the

jurisdiction of the United States, it appears already to be eligible to receive the Coast

Guard’s services.

15

Id. at §941(b)(7).

16

For information on USGS’s Great Lakes Science Center, see The Great Lakes at the

Millennium: Priorities for Fiscal 2001, by Rochelle Sturtevant & Allegra Cangelosi (2000)

available at: [http://www.nemw.org/GLFY2001.pdf].

17

Pub. L. No. 100-220 §§3201-3206 (codified as amended at 33 U.S.C. §883(a) note).

18

Pub. L. No. 100-220 §3205(2) (codified at 33 U.S.C. §883(a)).

19

The Coast Guard is scheduled to be transferred to the Department of Homeland Security

on March 1, 2003. See Pub. L. No. 107-296 §§888(b), 1502; see also Department of

Homeland Security Reorganization Plan, November 25, 2002, available at:

[http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf].

20

For example, the Coast Guard, in conjunction with a variety of other Federal agencies, is

involved in the ballast water prevention programs authorized by the Nonindigenous Aquatic

Nuisance Prevention and Control Act of 1990 and the National Invasive Species Act of

1996. The Acts specifically include Lake Saint Clair within their definitions of Great

Lakes, thus entitling Lake Saint Clair to the same benefits as the other designated lakes

under the Act.

21

14 U.S.C. §2.

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Saint Lawrence Seaway Development Corporation. The Saint

Lawrence Seaway Development Corporation is a wholly owned government

corporation within the U.S. Department of Transportation created by statute May 13,

1954,22 to construct, operate and maintain the portion of the St. Lawrence Seaway

between the Port of Montreal and Lake Erie. The primary function of the seaway is

to serve the U.S. intermodal and international transportation system by improving the

operation and maintenance of a safe, reliable, efficient, and environmentally

responsible deep-draft waterway, in cooperation with its Canadian counterpart. Since

Lake Saint Clair is not a body of water between the Port of Montreal and Lake Erie,

any rules and regulations promulgated for the Saint Lawrence Seaway Development

Corporation would appear to have no application to Lake Saint Clair.

Environmental Protection Agency

Great Lakes National Program Office. The Great Lakes National Program

Office (GLNPO) was established under section 118 of the Clean Water Act23 to

achieve the goals and fulfill the responsibilities of the United States embodied in the

Great Lakes Water Quality Agreements (GLWQA) of 1978 and 1987 with Canada.

GLNPO monitors and researches the Great Lakes for water quality with an emphasis

on toxic pollutants.24 “Great Lakes,” as defined by the Clean Water Act, specifically

includes Lake Saint Clair.25 Furthermore, the statute defines the “Great Lakes

System” as “all the streams, rivers, lakes, and other bodies of water within the

drainage basin of the Great Lakes.”26 Under the Clean Water Act, Lake Saint Clair

is explicitly included within the term “Great Lakes” and impliedly included within

the term “Great Lakes System.” Thus, designating Lake Saint Clair a “Great Lake”

would not entitle it to additional resources since it is currently eligible to receive

services from the GLNPO.

Great Waters Program. Authorized by the Clean Air Act Amendments of

1990,27 the Great Waters Program28 was created to assess the implications of airborne

toxic pollutants in the Great Lakes. Specifically, the purpose of the Great Waters

Program is to evaluate the atmospheric deposition of air pollutants in the Great

Lakes, Lake Champlain, Chesapeake Bay, and coastal waters. The Clean Air Act

does not specifically refer to Lake Saint Clair nor does it define the terms “Great

Lakes” or “coastal waters.” Instead, the Clean Air Act makes specific references to

other bodies of water, namely, Lake Champlain and Chesapeake Bay. Under canons

of statutory construction, a “negative inference” may be drawn from the fact that the

22

Pub. L. No. 83-358 (codified at 33 U.S.C. §§981 et. seq.).

23

In 1987, Congress formally recognized the Great Lakes as a valuable national resource in

an amendment to the Federal Water Pollution Control Act, commonly known as the Clean

Water Act. See Pub. L. No. 100-4 (codified as amended at 33 U.S.C. §1268).

24

See 33 U.S.C. §1268(d).

25

Id. at §1268(a)(3)(B).

26

Id. at §1268(a)(3)(C).

27

Pub. L. No. 101-549 §112(m) (codified as amended at 42 U.S.C. §§7401 et. seq.).

28

42 U.S.C. §7412(m).

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statute omits Lake Saint Clair but lists other bodies of water.29 A negative inference

would suggest that Congress specifically intended to omit Lake Saint Clair when it

included other specific bodies of water. Furthermore, the authorizing statute for the

Great Waters Program makes specific reference to “five” Great Lakes.30 This

language would appear to suggest that Congress intended to maintain the generally

accepted concept31 of the five Great Lakes and did not intend to include Lake Saint

Clair within the meaning of “Great Lakes.”

However, to accept the proposition that there are only five Great Lakes may

frustrate the purpose of the Clean Air Act, which has the broad purpose to enhance

and protect the quality of the nation’s air supply.32 Furthermore, the term “Great

Lakes” as cited in various other statutes referenced throughout this report has always

included Lake Saint Clair; therefore, it may be reasonable to maintain a consistent

interpretation of the term. Although “Great Lakes” is not defined under the

regulations promulgated for the Clean Air Act, various other EPA regulations may

support the inclusion of Lake Saint Clair within the term “Great Lakes.” For

example, EPA regulations for the Clean Water Act specifically define “Great Lakes”

to include Lake Saint Clair.33 The broad purpose of the Clean Air Act may support

an interpretation of the term “Great Lakes” that is consistent with other statutes and

regulations that affect the Great Lakes region.

Department of Health and Human Services

Agency for Toxic Substances and Disease Registry. The Agency for

Toxic Substances and Disease Registry (ATSDR) performs a variety of tasks to

prevent adverse human health effects caused from exposure to hazardous substances

in the environment. To better serve these functions in the Great Lakes region,

Congress authorized by an amendment to the Great Lakes Critical Programs Act of

1990, a research project to be conducted jointly by ATSDR, the Great Lakes

Research Office and the Great Lakes states.34 The program was named the Great

Lakes Human Health Effects Research Program (Fish Consumption Study) and was

designed to assesses the health effects of contaminated fish consumption on people

in the Great Lakes states and the health of fish, shell fish, and wildlife in the Great

29

As a variation of “statutory silence” a negative inference is sometimes expressed in Latin

as expressio unius est exclusio alterius (the inclusion of one is the exclusion of others). See

CRS Report 97-589A, Statutory Construction: General Principles and Recent Trends, by

(name redacted) (updated August 3, 2001).

30

See 42 U.S.C. §7412(m)(2)(A).

31

Glass v. Kemper Corp., 920 F. Supp. 928, 933 (N.D. Ill. 1996) (“When the terms of a

statute are not specifically denied, the words must be given their ordinary and popularly

understood meanings, but the words must also be construed with reference to the purposes

and the objects of the statute.”) See also 2A Norman J. Singer, Statutes and Statutory

Construction, §47.07 at 231 (6th ed. 2000).

32

See Glass, 920 F. Supp. at 933.

33

See 40 C.F.R. §132.2; see also 40 C.F.R. §140.3 (allows the use of Coast Guard-certified

marine sanitation devices on the Great Lakes and the inter-connected waterways).

34

Pub. L. No. 101-596 (codified as amended at 33 U.S.C. §1268(e)(3)).

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Lakes system. Under the statute, “Great Lakes Systems” is defined as “all the

streams, rivers, lakes, and other bodies of water within the drainage basin of the

Great Lakes.”35 This definition would appear to include Lake Saint Clair since it is

a lake within the drainage basin of the Great Lakes. Additionally, with its shoreline

off the coast of Michigan, Lake Saint Clair may receive the benefits associated with

Michigan’s status as a “Great Lake State.”36 As a result, designating Lake Saint Clair

a “Great Lake” would not make it eligible for additional resources from ATSDR.

Army Corps of Engineers

The Army Corps of Engineers is authorized to conduct a variety of specific and

national projects that affect the Great Lakes region. Through various statutes, the

Corps of Engineers is authorized to conduct programs related to: navigation

improvements and maintenance, environmental restoration, water level maintenance,

flood management, sediment transport analysis, and shoreline erosion prevention.

The Corps of Engineers conducts most of its programs through the authority granted

by the various Water Resources Development Acts (WRDA), the Rivers and Harbors

Act of 1958, and the National Invasive Species Act of 1996.37

River and Harbors Act of 1958. Under the River and Harbors Act of

1958,38 the Corps conducts research on aquatic plant control wherever they may be

found including the Great Lakes region. Although there is no general definition of

the term “Great Lakes” under the River and Harbors Act of 1958, the Act authorized

a program designed to control and eradicate noxious aquatic plant growths in

“navigable waters, tributary streams, connecting channels, and allied waters of the

United States.”39 This program would most likely include Lake Saint Clair because

it is a body of navigable water and a connecting channel, and, therefore, a

designation as a “Great Lake” would not make it eligible for additional services

under the River and Harbors Act of 1958.

Water Resources Development Acts. A number of programs directly or

potentially benefit the Great Lakes region through the Water Resources Development

Acts.40 WRDA programs for the Great Lakes have included strategic planning for

35

33 U.S.C. §1268(a)(3)(C).

36

Id. at §1268(a)(3)(G).

37

The National Invasive Species Act of 1996 amended the Nonindigenous Aquatic Nuisance

Prevention and Control Act of 1990, Pub. L. No. 101-646 (codified as amended at 16 U.S.C.

§§4701-4751). This national program authorizes activities to prevent, manage, monitor and

control aquatic invasive species. The 1990 Act specifically includes Lake Saint Clair within

its definition of Great Lakes, thus entitling Lake Saint Clair to the same benefits as the other

specifically designated lakes under the Act. See 16 U.S.C. §4702(7).

38

Pub. L. No. 85-500, tit. I, §104 (codified as amended at 33 U.S.C. §610).

39

33 U.S.C. §610(a); see also 33 C.F.R. §273.13.

40

WRDA of 1976, Pub. L. No. 94-587; WRDA of 1986, Pub. L. No. 99-662; WRDA of

1988, Pub. L. No. 100-676; WRDA of 1990, Pub. L. No. 101-640; WRDA 1992, Pub. L. No.

102-580; WRDA of 1996, Pub. L. No. 104-303; WRDA of 1999, Pub. L. No. 106-53;

(continued...)

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water quantity, sediment transport, and contaminated sediments; environmental

restoration; and navigation.41 Although several of the Development Acts have

influenced the development of the Great Lakes, the WRDA of 199942 significantly

increased the Corps’ responsibilities in the Great Lakes. Of particular importance to

Lake Saint Clair was the authorization to develop a comprehensive management plan

to identify sources of environmental degradation and contamination at Lake Saint

Clair and the Saint Clair River.43 The Corps was also authorized to study the

feasibility of constructing a flood control project at the shores of Lake Saint Clair.44

These programs would directly benefit Lake Saint Clair, and a designation as a

“Great Lake” would not affect the Lake’s eligibility for services under these

programs.

Although the WRDA of 1999 does not have a specific provision defining the

term “Great Lakes,” several programs throughout the statute use similar terms. For

example, a shoreline erosion program under the WRDA of 1999 defines “shore” to

include the Great Lakes and the lakes, estuaries, and bays directly connected

therewith.45 This program apparently includes Lake Saint Clair since it is a body of

water “connected” within the Great Lakes. Other programs, such as the John Glenn

Great Lakes Basin Program46 and a Great Lakes water diversion program,47 use the

terms “Great Lakes,” “Great Lakes Basin,” “Great Lakes Region” and “Great Lake

States.” As analyzed throughout this report, these terms have consistently included

Lake Saint Clair; therefore, if it is reasonable to apply the same meaning for these

40

(...continued)

WRDA of 2000, Pub. L. No. 106-541.

41

Specific Corps of Engineer programs for the Great Lakes include: the Great Lakes

Strategic Plan, Western Lake Erie Basin Management, Great Lakes Biohydrological

Information, Lake Ontario and St. Lawrence Water Levels Review, Chicago Diversion

Accounting, Sediment Transport Models & Management Plans, Sediment Remediation

Alternative Technology, Great Lakes Navigation Study, Improvement of the Soo Locks,

Upper St. Mary’s River Deepening, Great Lakes Recreational Boating, and Dispersal Barrier

Demonstration. National programs that also benefit the Great Lakes include: Interagency

and International Support, Planning Assistance to States, National Contaminated Sediments

Task Force, Restoration of Environmental Quality, Aquatic Ecosystem Restoration,

Environmental and Beneficial Dredging, and the Aquatic Nuisance Plant Control Research.

See The Great Lakes at the Millennium: Priorities for Fiscal 2001, by Rochelle Sturtevant

& Allegra Cangelosi (2000) available at: [http://www.nemw.org/GLFY2001.pdf].

42

33 U.S.C. §2201 et. seq. But see WRDA of 1986, Pub. L. No. 99-662, tit. XI, §1132,

(codified at 33 U.S.C. §2309) for the creation of the Great Lakes Commodities Board, which

coordinates economic revitalization and environmental enhancement for the Great Lakes and

their connecting channels and the Saint Lawrence Seaway. Lake Saint Clair is part of the

“connecting channels” of the Great Lakes and would be included within the activities of the

Great Lakes Commodities Board.

43

Pub. L. No. 106-53 §426.

44

Id. at §427.

45

See 33 U.S.C. §426h-1.

46

42 U.S.C. §1962-21.

47

Id. at §1962-20.

CRS-10

terms that has been used in the other statutes to the WRDA of 1999, designating Lake

Saint Clair a “Great Lake” would probably have little effect on its eligibility for

Corps programs.

Under the WRDA of 2000 many of the programs that benefit the Great Lakes

do not define the term; however, there are two programs that specifically define

“Great Lakes” to include Lake Saint Clair. The Great Lakes Fishery and Ecosystem

Restoration Program48 and the Great Lakes Dredging Levels Adjustment Program49

both include Lake Saint Clair within the meaning of the term “Great Lake.” As a

result, the services under these programs could legally be provided to Lake Saint

Clair regardless of whether it is designated a “Great Lake.”

Conclusion

From the preceding discussion, it appears Lake Saint Clair is covered by the

statutory programs discussed herein that are generally designated for the “Great

Lakes,” the “Great Lakes Basin,” the “Great Lakes Region,” or for a “Great Lakes

State.” Only the Clean Air Act makes ambiguous references to the Great Lakes that

could potentially exclude Lake Saint Clair. Programs provided by the Army Corps

of Engineers may also be problematic because the vast majority of WRDA programs

do not contain a definition for “Great Lakes” or any of its related terms. However,

the WRDA does include a few programs that either apply directly to Lake Saint Clair,

or specifically define “Great Lakes” or use other applicable terms to include Lake

Saint Clair. Consequently, there may be support for the inclusion of Lake Saint Clair

in the various Corps programs, if it reasonable to conclude that the term “Great

Lakes” when it is defined in the various statutes has always included Lake Saint

Clair. In general, therefore, designating Lake Saint Clair a “Great Lake” would

apparently have little or no legal effect on its eligibility for additional program

benefits or sources of funding that are provided to the traditional five Great Lakes.

48

Pub. L. No. 106-541 §506 (codified at 42 U.S.C. § 1962d-22). This program allows the

Corps to plan, design, and construct projects to support the restoration of the ecosystem,

fishery and beneficial uses of the Great Lakes.

49

Pub. L. No. 106-541 §343 (codified at 42 U.S.C. §426o-1). This program authorizes the

Corps to conduct dredging within the Great Lakes to ensure minimal operating depths.

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