AND ENFORCEMENT

``Section 7.1. Good Faith Implementation.
    ``Each of the Parties pledges to support implementation of all 
provisions of this Compact, and covenants that its officers and 
agencies shall not hinder, impair, or prevent any other Party carrying 
out any provision of this Compact.
``Section 7.2. Alternative Dispute Resolution.
    ``1. Desiring that this Compact be carried out in full, the Parties 
agree that disputes between the Parties regarding interpretation, 
application and implementation of this Compact shall be settled by 
alternative dispute resolution.
    ``2. The Council, in consultation with the Provinces, shall provide 
by rule procedures for the resolution of disputes pursuant to this 
section.
``Section 7.3. Enforcement.
    ``1. Any Person aggrieved by any action taken by the Council 
pursuant to the authorities contained in this Compact shall be entitled 
to a hearing before the Council. Any Person aggrieved by a Party action 
shall be entitled to a hearing pursuant to the relevant Party's 
administrative procedures and laws. After exhaustion of such 
administrative remedies, (i) any aggrieved Person shall have the right 
to judicial review of a Council action in the United States District 
Courts for the District of Columbia or the District Court in which the 
Council maintains offices, provided such action is commenced within 90 
days; and, (ii) any aggrieved Person shall have the right to judicial 
review of a Party's action in the relevant Party's court of competent 
jurisdiction, provided that an action or proceeding for such review is 
commenced within the time frames provided for by the Party's law. For 
the purposes of this paragraph, a State or Province is deemed to be an 
aggrieved Person with respect to any Party action pursuant to this 
Compact.
    ``2. a. Any Party or the Council may initiate actions to compel 
compliance with the provisions of this Compact, and the rules and 
regulations promulgated hereunder by the Council. Jurisdiction over 
such actions is granted to the court of the relevant Party, as well as 
the United States District Courts for the District of Columbia and the 
District Court in which the Council maintains offices. The remedies 
available to any such court shall include, but not be limited to, 
equitable relief and civil penalties.
    ``b. Each Party may issue orders within its respective jurisdiction 
and may initiate actions to compel compliance with the provisions of 
its respective statutes and regulations adopted to implement the 
authorities contemplated by this Compact in accordance with the 
provisions of the laws adopted in each Party's jurisdiction.
    ``3. Any aggrieved Person, Party or the Council may commence a 
civil action in the relevant Party's courts and administrative systems 
to compel any Person to comply with this Compact should any such 
Person, without approval having been given, undertake a New or 
Increased Withdrawal, Consumptive Use or Diversion that is prohibited 
or subject to approval pursuant to this Compact.
            ``a. No action under this subsection may be commenced if:
                    ``i. The Originating Party or Council approval for 
                the New or Increased Withdrawal, Consumptive Use or 
                Diversion has been granted; or,
                    ``ii. The Originating Party or Council has found 
                that the New or Increased Withdrawal, Consumptive Use 
                or Diversion is not subject to approval pursuant to 
                this Compact.
            ``b. No action under this subsection may be commenced 
        unless:
                    ``i. A Person commencing such action has first 
                given 60 days prior notice to the Originating Party, 
                the Council and Person alleged to be in noncompliance; 
                and,
                    ``ii. Neither the Originating Party nor the Council 
                has commenced and is diligently prosecuting appropriate 
                enforcement actions to compel compliance with this 
                Compact.
        The available remedies shall include equitable relief, and the 
        prevailing or substantially prevailing party may recover the 
        costs of litigation, including reasonable attorney and expert 
        witness fees, whenever the court determines that such an award 
        is appropriate.
    ``4. Each of the Parties may adopt provisions providing additional 
enforcement mechanisms and remedies including equitable relief and 
civil penalties applicable within its jurisdiction to assist in the 
implementation of this Compact.

                              ``ARTICLE 8

                        ``ADDITIONAL PROVISIONS

``Section 8.1. Effect on Existing Rights.
    ``1. Nothing in this Compact shall be construed to affect, limit, 
diminish or impair any rights validly established and existing as of 
the effective date of this Compact under State or federal law governing 
the Withdrawal of Waters of the Basin.
    ``2. Nothing contained in this Compact shall be construed as 
affecting or intending to affect or in any way to interfere with the 
law of the respective Parties relating to common law Water rights.
    ``3. Nothing in this Compact is intended to abrogate or derogate 
from treaty rights or rights held by any Tribe recognized by the 
federal government of the United States based upon its status as a 
Tribe recognized by the federal government of the United States.
    ``4. An approval by a Party or the Council under this Compact does 
not give any property rights, nor any exclusive privileges, nor shall 
it be construed to grant or confer any right, title, easement, or 
interest in, to or over any land belonging to or held in trust by a 
Party; neither does it authorize any injury to private property or 
invasion of private rights, nor infringement of federal, State or local 
laws or regulations; nor does it obviate the necessity of obtaining 
federal assent when necessary.
``Section 8.2. Relationship to Agreements Concluded by the United 
States of America.
    ``1. Nothing in this Compact is intended to provide nor shall be 
construed to provide, directly or indirectly, to any Person any right, 
claim or remedy under any treaty or international agreement nor is it 
intended to derogate any right, claim, or remedy that already exists 
under any treaty or international agreement.
    ``2. Nothing in this Compact is intended to infringe nor shall be 
construed to infringe upon the treaty power of the United States of 
America, nor shall any term hereof be construed to alter or amend any 
treaty or term thereof that has been or may hereafter be executed by 
the United States of America.
    ``3. Nothing in this Compact is intended to affect nor shall be 
construed to affect the application of the Boundary Waters Treaty of 
1909 whose requirements continue to apply in addition to the 
requirements of this Compact.
``Section 8.3. Confidentiality.
    ``1. Nothing in this Compact requires a Party to breach 
confidentiality obligations or requirements prohibiting disclosure, or 
to compromise security of commercially sensitive or proprietary 
information.
    ``2. A Party may take measures, including but not limited to 
deletion and redaction, deemed necessary to protect any confidential, 
proprietary or commercially sensitive information when distributing 
information to other Parties. The Party shall summarize or paraphrase 
any such information in a manner sufficient for the Council to exercise 
its authorities contained in this Compact.
``Section 8.4. Additional Laws.
    ``Nothing in this Compact shall be construed to repeal, modify or 
qualify the authority of any Party to enact any legislation or enforce 
any additional conditions and restrictions regarding the management and 
regulation of Waters within its jurisdiction.
``Section 8.5. Amendments and Supplements.
    ``The provisions of this Compact shall remain in full force and 
effect until amended by action of the governing bodies of the Parties 
and consented to and approved by any other necessary authority in the 
same manner as this Compact is required to be ratified to become 
effective.
``Section 8.6. Severability.
    ``Should a court of competent jurisdiction hold any part of this 
Compact to be void or unenforceable, it shall be considered severable 
from those portions of the Compact capable of continued implementation 
in the absence of the voided provisions. All other provisions capable 
of continued implementation shall continue in full force and effect.
``Section 8.7. Duration of Compact and Termination.
    ``Once effective, the Compact shall continue in force and remain 
binding upon each and every Party unless terminated.
    ``This Compact may be terminated at any time by a majority vote of 
the Parties. In the event of such termination, all rights established 
under it shall continue unimpaired.

                              ``ARTICLE 9

                             ``EFFECTUATION

``Section 9.1. Repealer.
    ``All acts and parts of acts inconsistent with this act are to the 
extent of such inconsistency hereby repealed.
``Section 9.2. Effectuation by Chief Executive.
    ``The Governor is authorized to take such action as may be 
necessary and proper in his or her discretion to effectuate the Compact 
and the initial organization and operation thereunder.
``Section 9.3. Entire Agreement.
    ``The Parties consider this Compact to be complete and an integral 
whole. Each provision of this Compact is considered material to the 
entire Compact, and failure to implement or adhere to any provision may 
be considered a material breach. Unless otherwise noted in this 
Compact, any change or amendment made to the Compact by any Party in 
its implementing legislation or by the U.S. Congress when giving its 
consent to this Compact is not considered effective unless concurred in 
by all Parties.
``Section 9.4. Effective Date and Execution.
    ``This Compact shall become binding and effective when ratified 
through concurring legislation by the states of Illinois, Indiana, 
Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth 
of Pennsylvania and consented to by the Congress of the United States. 
This Compact shall be signed and sealed in nine identical original 
copies by the respective chief executives of the signatory Parties. One 
such copy shall be filed with the Secretary of State of each of the 
signatory Parties or in accordance with the laws of the state in which 
the filing is made, and one copy shall be filed and retained in the 
archives of the Council upon its organization. The signatures shall be 
affixed and attested under the following form:
    ``In Witness Whereof, and in evidence of the adoption and enactment 
into law of this Compact by the legislatures of the signatory parties 
and consent by the Congress of the United States, the respective 
Governors do hereby, in accordance with the authority conferred by law, 
sign this Compact in nine duplicate original copies, attested by the 
respective Secretaries of State, and have caused the seals of the 
respective states to be hereunto affixed this ____ day of (month), 
(year).''.

SEC. 2. RIGHT TO ALTER, AMEND, OR APPEAL.

    Congress expressly reserves the right to alter, amend, or repeal 
this Act.
Grants congressional consent to and approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact entered into between the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania.

Reserves the right to alter, amend, or repeal this Act.
{"src": "billsum_test", "title": "To express the consent and approval of Congress to an interstate compact regarding water resources in the Great Lakes-St. Lawrence River Basin."}