Give our beautiful Lake the protection it deserves!

Please ask President Obama to sign an executive order declaring Lake Michigan a National Monument.

www.whitehouse.gov/contact/write-or-call

Safeguarding the nation's waters makes good economic sense.  

The US Marine Protection Act covers Lake Michigan, our inland sea that supplies drinking water for millions of people and provides habitat for marine life. The only Great Lake entirely within the U.S, Lake Michigan's 22,400 square miles are a mere 7% the size of Great Britain's Pitcairn Marine Sanctuary.

http://www.sustainablebusiness.com/index.cfm/go/news.display/id/26205

White Ditch Creek contaminates lakeshore

Southwest Berrien County's White Ditch Creek dumps into Lake Michigan right at the lakeside villages of Grand Beach and Michiana, where currents keep its muck tight to the shore, trapped by sand bars. Michiana, Grand Beach, Michiana Shores - and Berrien County and LaPorte County, Ind. - the ditch dirties them all.

With E. coli counts wildly surpassing safe body contact levels and telltale toilet paper washing up at its mouth, White Ditch's sorry state can no longer be lightly dismissed.

"It's those darn deer ... the birds ... the ducks" doesn't work; high fecal coliform ratios clearly point to human waste, not animal.

"It's always made the children sick" is no excuse for placing at risk unwitting children who happily splash in its filthy waters.

Yes, it's our problem. Yes, we have the damning data. Yes, we have the wherewithal to fix it. What's missing is the will to do it.

Dogs can sniff out faulty septic systems, but jurisdictions have to allow it. A simple red dye test would show exactly whose systems leak - and grants are available to help individuals come into compliance. For an entire year Amtrak reputedly has refused to give permission to tunnel under its tracks so that an entire trailer park's waste can be treated by Michigan City - how long can this continue?

If you care about clean water, add your voice to ours. Implore your local leaders to take the simple actions necessary to clean up White Ditch.

Jacqueline and Blair Stewart

Mercury pollution threatens Lake Michigan

When you drink the water or eat fish from Lake Michigan, do you think about the damage that may occur to your brain, heart, lungs, kidneys and immune system from mercury poisoning (World Health Association)? Unless national and state regulations are strengthened and enforced today, our children and grandchildren will be affected by the rising level of mercury in Lake Michigan from industrial discharges and airborne releases from power plants.

In 2007 the EPA set a threshold for mercury in wastewater discharge at 1.3 parts per trillion (ppt). As recently as 2013 the BP oil refinery in Whiting, Indiana, was discharging mercury at 23.1 ppt, thanks to lax Indiana regulators (Chicago Tribune). In September, 2014, the legal threshold level was reduced by the state of Indiana regulators to 8.75 ppt during BP’s permit renewal process. This continues to be far above the EPA’s limit for safe drinking water.

Coal-fired power plant emissions were required to be reduced this year; however, the industry fought the required reduction based on “cost-benefit analysis” and won their case in the Supreme Court by a 5-4 decision. In other words, the court felt it would be too costly for a multi-billion dollar a year industry to retrofit their plants to control mercury emissions that can cause human suffering and environmental damage. What is the cost-benefit analysis to individuals, families, their health and the health of the environment, both now and for future generations?

Our health and the health of our economy depend on Lake Michigan. The health of our water supply depends on us all being vigilant. Without clean water there is no life.

For more information, to become actively involved, or to sign a petition, please visit:savegreatlakemichigan.blogspot.com; savegreatlakemichigan on Facebook; orpetitions.moveon.org/sign/lake-michigan-mercury.

Anne Tenerelli

Lake Michigan National Monument!  

The two past presidents did it - they preserved marine sanctuaries as they left office.  

What a legacy for President Obama to leave for the world!

Reasons:

• Protect drinking water for millions of residents in Illinois, Wisconsin, Michigan and Indiana.

• Increase commercial value to 4 bordering states.  Mounting mercury levels already have caused severe economic harm to the area, especially to industries like fishing and tourism.

• Evenly enforce mercury emissions regulations.  The states are not up to the task.

Let’s make it happen!

For a fuller discussion, please read the following white paper.

Lake Michigan Mercury Free

White Paper 

Summary

Introduction

In the heart of the United States lies Lake Michigan, one of the largest freshwater lakes in the world.  Of all the Great Lakes – Superior, Huron, Ontario, Erie and Michigan – only Lake Michigan lies entirely within the borders of the United States.  Lake Michigan contains assets, resources and potential crucially important to the nation’s well being.  Major population areas rely on Lake Michigan for their water supply and economic well-being. 

Statement of Purpose

The purpose of this white paper is to support Presidential executive action declaring Lake Michigan a national mercury free zone in order to safeguard human health and to ensure lasting, efficient and comprehensive protection and management of this major Midwestern drinking water supply, its ecosystems and wildlife.

Advancement of environmental policy

Lake Michigan, under threat of mercury poisoning and as the only Great Lake entirely within U.S. borders makes the perfect prototype for this targeted action.  The proposed action advances overarching environmental goals of the United States, especially climate protection and clean energy, and is consistent with the President’s policy of using executive action to advance those goals. 

The complexity and fragility of environmental conditions, interstate aspects of the lake, national interests in Lake Michigan and current U.S. jurisdiction over its waters all impel comprehensive federal control that will stop any and all mercury emissions before they can reach Lake Michigan.

I. Lake Michigan in its entirety needs to be mercury free 

A. Lake Michigan supplies drinking water to millions and thus must be safeguarded against toxins.  Neurotoxic mercury is a public health hazard even in small amounts and must be kept from the Lake.

B. Lake Michigan’s fresh water is a strategic asset and will become increasingly crucial as population and global competition for resources grow.

C.  A mercury-free environment will afford a clean, hospitable place for humans to live, work, raise families and flourish.

D.  A clean lake with a healthy ecosystem will be a major source of food, but mercury contamination will destroy its capability to provide this essential human need.

E.  A healthy, mercury-free environment will drive regional prosperity.

F.  Polluters should pay.  A mercury-free Lake Michigan rightfully prioritizes the health and well being of the general public over industrial polluters.  Declaring Lake Michigan a mercury free zone will shift the burden of mercury removal to polluters before mercury can enter the Lake Michigan environment.

G.  National action is required; the surrounding states have failed to protect this national asset.

H.  A mercury-free environment will safeguard diverse ecosystems and wildlife habitats on the lakeshores. 

I.  The Third Coast was considered of such national significance as to be included with the East and West Coasts under the auspices of the United States Marine Protection Act; a mercury free zone will preserve these marine-related assets and usher in a new era of economic prosperity as illustrated by the Marine Sanctuary’s beneficial effects on Monterey, California.

J.  Historic significance - geologic, human and natural - will be conserved in a mercury-free environment. 

K.  The solution of declaring Lake Michigan mercury free is closely tailored to the problem.

II.   Presidential executive action is imperative

Ample authority supports Presidential action

The President’s authority to act in this matter may be drawn from a number of sources, including the following:

A. Emergency powers under the U.S. Constitution

B.  Antiquities Act 

C. National Marine Sanctuaries Act

D. National Environmental Policy Act

E. Clean Water Act

F. Clean Air Act   

G. Fish and Wildlife Act

H. Coastal Zone Management Act 

I. Endangered Species Act 

J. National Historic Preservation Act

K. National Wildlife Refuge System Administration Act

L. The Interstate Commerce Clause

For further discussion, see IV below.

III.  Benefits to be gained from making Lake Michigan a National Monument 

A. Lake Michigan supplies drinking water to millions and thus must be safeguarded against toxins.  Neurotoxic mercury is a public health hazard even in small amounts and must be kept from the Lake.

The Great Lake Michigan is one of the major freshwater supplies in the world and provides drinking water for millions of people in the four states of Illinois, Indiana, Michigan and Wisconsin that border it.  Mercury is highly toxic to all human and marine life, damaging brains and nervous systems. 

EndFragmentB.  Lake Michigan’s fresh water is a strategic asset and will become increasingly crucial as population and global competition for resources grow.

Lake Michigan’s waters and shores bring economic vitality to the Midwest; a mercury free zone will enhance these assets and usher in a new era of economic prosperity as illustrated by the beneficial effects of marine protected areas on the Monterey Bay region in California.  The United States has a compelling interest to protect this Great freshwater source against mercury poisoning in order to preserve the continued health and vitality of the region.

C.  A mercury-free environment will afford a clean, hospitable place for humans to live, work, raise families and flourish.

D.  A clean lake with a healthy ecosystem will become a major source of food, whereas mercury contamination will destroy this resource of elemental human need. 

Commercial fishing has disappeared from Lake Michigan due to heavy metal contamination.  Recreational fishing is restricted for the same reason.  A clean lake would allow these fisheries to be restored. I.  A healthy, mercury-free environment will drive regional prosperity. but a polluted lake repels all human recreation and activity.

E.  A healthy, mercury-free environment will drive regional prosperity. Tourists come to swim, sail, visit coastal parks lighthouses, and other historic sites along the lake, vacation at lakeside resorts with local farm specialties, taste wines and buy fruit and produce – but a polluted lake repels all human recreation and activity.

From its northern to southern tips, Lake Michigan’s beauty and recreational opportunities draw visitors from all over the world.  Coastal parks dot the shorelines of all four states. Chicago’s 26 miles of public beaches attract swimmers and boaters while paths along the shores lure bicyclists, skate boarders and baby strollers.

Two national parks occupying a combined lake frontage of approximately 80 miles, draw multiple millions of guests both domestic and international each year and endow all four surrounding states with significant economic benefits from recreational tourism, fishing and diving. 

Indiana Dunes National Lakeshore

Rolling dunescapes and glacial moraines of Indiana Dunes National Lakeshore stand as sparkling monuments to the Ice Age when glaciers carved lakes from rivers and left dunelands of finely polished sands along the shores.  Dunes nearest the water’s edge mark ancient shorelines from 2000 to 6000 years ago.  Fossilized mollusks wash up with the waves, artifacts from the freshwater lake’s past as a shallow saline sea.  The Lake serves as a museum repository of crinoids from the Paleozoic era, hundreds of millions of year ago.

        

Most of the ecosystems that exist in the eastern United States can be found within the Indiana Dunes parklands.  The arctic pine grows within steps of a prickly pear cactus; oak savannahs stand

close to wetlands.

        

Henry Cowles, father of Ecology, identified the theory of plant progression by observing vegetation on dunes that now belong to the National Lakeshore.

           

The Indiana Dunes National Lakeshore received more than two million visitors in 2010.  The park offers 15 miles of Lake frontage with dune and marshlands containing unique flora and fauna. Sand Dunes made of fine glacier-ground grains rise up to 125 feet high along the lakefront; these sands, almost entirely composed of quartz, have been melted into glass for commercial use.  Glacial moraines, vestiges from glacial action at the south end of the lake, stretch inland for many miles. On its shores and in its waters, crinoids and other fossils of early geologic ages are to be found, along with stones that give areas special acclaim such as the Petoske stones.     

                                   

Sleeping Bear Dunes National Lakeshore

At the upper northeastern edge of the Lake, Sleeping Bear Dunes National Lakeshore sits along 64 miles of Lake frontage

and is reknown for 78 different species of fish. Its bluffs soar to 450 feet; unique flora and fauna thrive on its coastal lands. The park offers an outstanding combination of natural and cultural resources including historic sites, such as lighthouses, the barns, farms, orchards of the Historical Port Oneida Rural District, and a maritime museum.  Recreational activities include camping, swimming, guided hikes and bird watching.  Cultural features include the 1871 South Manitou Island Lighthouse, three former Life-Saving Service/Coast Guard Stations and an extensive rural historic farm district. In 2011, the area won the title of "The Most Beautiful Place in America" from Good Morning America.

F.  Polluters should pay.  A mercury-free Lake Michigan rightfully prioritizes the health and well being of the general public over industrial polluters.

The cost of pollution should be “privatized,” that is, the polluters should pay the cost of detoxifying their waste discharges into the Lake, rather than forcing the public to beat the costs of pollution.  The public should not be burdened with paying for cleanup; polluters need to detoxify before discharge.

Invaluable assets are imperiled by toxic mercury poisoning carried to the Lake by both air and water.  Mercury is introduced primarily by coal-burning power plants, and by discharges of oil refineries into the Lake’s waters and tributaries.

Coal burning and other industrial plants around the Lake release mercury into the air; airborne mercury, combining with other elements, settles into Lake waters, accumulates and does not evaporate away.  Oil refineries discharge mercury-laden waste into Lake waters from processing petroleum feed stocks, including Canadian tar sands.

Declaring Lake Michigan a mercury free zone rightfully shifts the burden of mercury removal to polluters before it can enter the Lake Michigan environment. Many companies profit from their production without paying the external costs caused by releasing mercury into the air or water.  The cost of mercury removal should not be a burden on the taxpayer.

G.  National action is required; the surrounding states have failed to protect this national asset.

The complex interstate networks of rivers, streams, winds and precipitation that bring mercury into Lake Michigan from all four states and beyond compel a unified national solution to keep mercury from reaching the Lake.

The surrounding states of Indiana, Illinois, Wisconsin and Michigan have proven to be ineffective in protecting the Lake, including weak enforcement of the Clean Air and Water Acts; Indiana permits BP to dispose of almost nine times the amount of mercury into the Lake than allowable under EPA guidelines.

H.  A mercury-free environment will safeguard diverse ecosystems and wildlife habitats on the lakeshores. 

Lake Michigan’s 1638-mile shoreline, including its 238 miles of islands, supports dynamic human and animal life in its waters and along its shores, and its diverse ecosystem provides a home to many species of fish, birds, marine mammals, and other flora and fauna including the endangered.   Lake Michigan’s coastal marshes, prairies, savannas, hardwood forests and towering sands dunes – some up to 450 feet high – make excellent habitats for extensive numbers and species of wildlife.

1. Fisheries

Prevalent fisheries on the Lake include trout, salmon, walleye and small- and largemouth bass, bowfin, yellow perch, whitefish, smelt, walleye; crawfish, freshwater sponges and sea lamprey, and a metallic violet species of eel also inhabit the waters.

Successful stocking programs for Pacific salmon in the late 1960’s spawned a charter sports fishing industry in Lake Michigan.

Rising mercury levels have caused the cessation of commercial fishing on Lake Michigan.

2. Wildlife

Bird populations are comprised of water birds such as ducks, geese and swans, as well as crows, robins and bald eagles. Hawks, vultures and other predatory birds also live along the lake, drawn by the abundant wildlife prey. Endangered species like the piping plovers make their home there, along with nocturnal bobcats, snowshoe hares and northern flying squirrels.

3. Vegetation

The endangered Pitcher’s thistle and the yellow Michigan monkey-flower dot the shorelands.  In the Lake’s northern waters South Manitou Island reveals a dazzling array of wildflowers as well as an old-growth grove of giant northern white cedars and a dozen species of orchids.

Fertile farmlands nestled within the watershed yield bounties of fruits, berries, produce, wines and honey.

I.  The Third Coast was considered of such national significance as to be included with the East and West Coasts under the auspices of the United States Marine Protection Act

The Great Lakes are recognized under the national Marine Protection Acts as the Third Coast and need to be preserved the same way that other national coastal shores like Cape Hatteras and Big Sur.

The Lake Michigan National Mercury Free Zone will facilitate coordinated management among Federal and State agencies and other entities, as appropriate, to provide comprehensive conservation of the marine and coastal ecosystems and related marine resources and species consistent with applicable authorities and management principles.

J.  Historic significance - geologic, human and natural - will be conserved in a mercury-free environment:  the rich heritage of the formation of the Great Lakes, the French and Native American fur trading history, America’s movement west from original colonies, the Northwest Territory, the fertile fields and clean rivers that attracted settlers from all over the earth seeking opportunities in the New World, among others. 

The area in and along the Lake has great cultural significance to the entire country, particularly as a primary place of commerce among early 17th century French and Native American fur traders who fished in canoes and hunted along the water’s edge.  Early French traders established forts, trading posts and missions beginning in the 1500’s until the mid-1700’s, leaving a rich legacy of navigation, global trading network on Lake Michigan’s shores and leaving ancient vestiges in names like Racine (root), Frankfort (Frankish fort), Sault Ste. Marie State Forest Area (a jumping point to the St. Mary’s River) reflect this early heritage.

Historic and scientific national treasures held in Lake Michigan’s waters and coastal lands depend on conservation and management of these resources. Myriad objects of historic and scientific interest including maritime heritage resources like museums and lighthouses are situated on the lands owned or controlled by the Government of the United States in the waters and along the shores of Lake Michigan.  

As an example of the yet undiscovered antiquities that lie beneath Lake Michigan’s waters, a row of stones paralleling an ancient shoreline was discovered in 2007, with ancient carving that resembles a mastodon. 

The U. S. Coastguard has recently taken aerial photos that reveal a World War II shipwreck and the Michigan Shipwreck Research Association asserts that 300 shipwrecks since the late 1600’s have been found beyond the Lake’s surf line.  The Great Lakes have acted as a natural transportation system linking the center of the country to Canada and the world at large.

K.  The solution of declaring Lake Michigan mercury free is closely tailored to the problem.  The lethal threat that mercury poses is common knowledge; no one can want mercury in Lake Michigan’s waters.  Banning mercury in the entire Lake ties the remedy to the problem in a targeted way with equal treatment to all four bordering states. 

Declaration of the entirety of Lake Michigan waters as a national mercury free zone provides an efficient and efficacious mechanism to protect the drinking water supply and other national interests of the national waters of Lake Michigan and its surrounding coastal area against the acknowledged scourge of mercury poisoning that threatens all life in and around the Lake;

IV.  Presidential executive action is imperative

Ample authority supports Presidential action

The President’s authority to act in this matter may be drawn from a number of sources, including the following:

A. Emergency powers (United States Constitution implied power)

The Presidential power to take action when national assets and personnel are imperiled has long been recognized as part of the executive duties of the office. 

B.  Antiquities Act  (16 U.S.C. 431)

Section 2 of the Act of June 8, 1906 (34 Stat. 225,) (the "Antiquities Act") authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon lands owned or controlled by the Government of the United States to be national monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected.

In 2009 President George W. Bush proclaimed by executive order “that there are hereby set apart and reserved as the Northwestern Hawaiian Islands Marine National Monument (the "monument" or "national monument") for the purpose of protecting the objects described above, all lands and interests in lands owned or controlled by the Government of the United States within the boundaries described on the accompanying map entitled "Northwestern Hawaiian Islands Marine National Monument" attached to and forming a part of this proclamation. The Federal land and interests in land reserved includes approximately 140,000 square miles of emergent and submerged lands and waters of the Northwestern Hawaiian Islands, which is the smallest area compatible with the proper care and management of the objects to be protected.”  In so doing he cited the Antiquities Act as authorization for the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon lands owned or controlled by the Government of the United States to be national monuments, and to reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected;

Whereas it would be in the public interest to preserve the marine area of the Northwestern Hawaiian Islands and certain lands as necessary for the care and management of the historic and scientific objects therein. . . “

C. National Marine Sanctuaries Act (33 U.S.C. 1401 et seq.) 

The National Marine Sanctuaries Act (NMSA) authorizes the Secretary of Commerce to designate and protect areas of the marine environment with special national significance due to their conservation, recreational, ecological, historical, scientific, cultural, archeological, educational, or esthetic qualities as national marine sanctuaries. 

National Marine Sanctuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries Amendments Act of 2000, 

Public Law 106-513, and in furtherance of the purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), 

Marine Protection, Research, and Sanctuaries Act 

In 2000 President William Clinton ordered special protection for 3.5 million acres of coral reefs in Northwestern Hawaii, citing authority vested in him as President by the Constitution and the laws of the United States of America, including the National Marine Sanctuaries Act, (16 U.S.C. 1431 et seq.), and the National Marine Sanctuaries Amendments Act of 2000, Public Law 106-513, and in furtherance of the purposes of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.), Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C. 1362 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National Historic Preservation Act (16 U.S.C. 470 et seq.), National Wildlife Refuge System Administration Act (16 U.S.C. 668dd-ee), and other pertinent statutes.

D. National Environmental Policy Act  (42 U.S.C. 4321 et seq.)

Declaring Lake Michigan to be a national mercury-free zone is exactly the type of action envisioned by the National Environmental Policy Act:   "To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.”

NEPA also provides, in pertinent part, that its purpose is “to ensure that environmental factors are weighted equally when compared to other factors in the decision-making process undertaken by federal agencies. The act establishes the national environmental policy, including a multidisciplinary approach to considering environmental effects in federal government agency decision-making.”

E. Clean Water Act (33 U.S.C. 1251 et seq.), 

“The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. ‘Clean Water Act’ became the Act's common name with amendments in 1972.”

F. Clean Air Act  (42 U.S.C.: Public Health and Social Welfare, chapter 85)

“The Clean Air Act is a federal law designed to control air pollution on a national level.  It requires the Environmental Protection Agency (EPA) to develop and enforce regulations to protect the public from airborne contaminants known to be hazardous to human health.  The Clean Air Act regulates 188 air toxics, also known as ‘hazardous air pollutants.’ Mercury is one of these air toxics. The Act directs EPA to establish technology-based standards for certain sources that emit these air toxics. Those sources also are required to obtain Clean Air Act operating permits and to comply with all applicable emission

G. Fish and Wildlife Act (16 U.S.C. 742a et seq.)

The Fish and Wildlife Act of 1956 grants the Secretary of the Department of the Interior broad authority to, “take such steps as may be required for the development, advancement, management, conservation, and protection of fish and wildlife resources. ...”:

H. Coastal Zone Management Act (16 U.S.C. 1451 et seq.)

The U.S. Congress recognized the importance of meeting the challenge of continued growth in the coastal zone by passing the Coastal Zone Management Act (CZMA) in 1972. This act, administered by NOAA, provides for the management of the nation’s coastal resources, including the Great Lakes. The goal is to “preserve, protect, develop, and where possible, to restore or enhance the resources of the nation’s coastal zone.”

I. Endangered Species Act (16 U.S.C. 1531 et seq.), 

When Congress passed the Endangered Species Act (ESA) in 1973, it recognized that our rich natural heritage is of “esthetic, ecological, educational, recreational, and scientific value to our Nation and its people.” It further expressed concern that many of our nation’s native plants and animals were in danger of becoming extinct.

The purpose of the ESA is to protect and recover imperiled species and the ecosystems upon which they depend. It is administered by the U.S. Fish and Wildlife Service and the Commerce Department’s National Marine Fisheries Service (NMFS). The FWS has primary responsibility for terrestrial and freshwater organisms, while the responsibilities of NMFS are mainly marine wildlife such as whales and anadromons fish such as salmon.

J. National Historic Preservation Act (16 U.S.C. 470 et seq.),  The Congress found and declared that- “(1) the spirit and direction of the Nation are founded upon and reflected in its historic heritage; (2) the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people; (3) historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvertently, with increasing frequency; (4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans; (5) in the face of ever-increasing extensions of urban centers, highways,  and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine oppor- tunity to appreciate and enjoy the rich heritage of our Nation; (6) the increased knowledge of our historic resources, the establishment of better means of identifying and administering them, and the encour- agement of their preservation will improve the planning and execution of federal and federally assisted projects and will assist economic growth and development; and (7) although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appro- priate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.”

K. National Wildlife Refuge System Administration Act

(16 U.S.C. 668dd-ee)

The National Wildlife Refuge System Improvement Act of 1997 ensures that the National Wildlife Refuge System is managed as a national system of related lands, waters, and interests for the protection and conservation of our Nation's wildlife resources.

It builds on the 1966 Act that provides guidelines and directives for administration and management of all areas in the system, including "wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas."

L.  The Interstate Commerce Clause (enumerated power in U.S. Constitution)

The U.S. Supreme Court held in the case In re Debs, 158 U.S. 564 (1895) that the government had a right to regulate interstate commerce along with a responsibility to ‘ensure the general welfare of the public.’