[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3297 Introduced in House (IH)]

  2d Session
                                H. R. 3297

To provide for improved access to and use of the Boundary Waters Canoe 
                Area Wilderness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 1996

 Mr. Oberstar introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for improved access to and use of the Boundary Waters Canoe 
                Area Wilderness, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MOTORBOATS IN BOUNDARY WATERS CANOE AREA WILDERNESS.

    (a) Basswood, Saganaga, and Birch Lakes.--Section 4(c) of Public 
Law 95-495 (92 Stat. 1650) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Basswood, except'' and all that 
                follows through ``Washington Island;'' and inserting 
                ``Basswood, Lake County;'';
                    (B) by striking ``, except for that portion west of 
                American Point''; and
                    (C) by inserting ``Birch, Lake County;'' after 
                ``Moose, Lake County;''; and
            (2) by striking paragraph (4).
    (b) Lac La Croix.--Section 4(d) of Public Law 95-495 (92 Stat. 
1651) is amended by striking ``that portion of the Lac La Croix, Saint 
Louis County, south of Snow Bay and east of Wilkins Bay'' and inserting 
``and Lac la Croix, Saint Louis County''.
    (c) Seagull Lake.--Section 4(c) of Public Law 95-495 (92 Stat. 
1650) is amended--
            (1) in paragraph (2), by striking ``, that portion 
        generally east of Threemile Island, Cook County''; and
            (2) in paragraph (3), by striking ``Sea Gull, Cook County, 
        that portion generally west of Threemile Island, until January 
        1, 1999;''.

SEC. 2. GUESTS.

    The second proviso of section 4(f) of Public Law 95-495 (92 Stat. 
1651) is amended--
            (1) by striking ``homeowners and their guests and resort 
        owners and their guests'' and inserting in lieu thereof 
        ``homeowners and resort owners and the day and overnight guests 
        of homeowners and resort owners who buy or rent goods and 
        services''; and
            (2) by inserting ``or chain of lakes'' after ``shall have 
        access to that particular lake''.

SEC. 3. MOTORIZED PORTAGES.

    Section 4(g) of Public Law 95-495 (92 Stat. 1651) is amended to 
read as follows:
    ``(g) Nothing in this Act shall be construed to prevent the 
operation of motorized vehicles and associated equipment which is 
necessary to assist in the transport of boats across the portages from 
Moose Lake Chain to Basswood Lake, from Fall Lake to Basswood Lake, and 
from Lake Vermilion to Trout Lake.''.

SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL 
              COUNCIL.

    Public Law 95-495 (92 Stat. 1650) is amended by adding at the end 
the following new section:

``SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS INTERGOVERNMENTAL 
              COUNCIL.

    ``(a) Establishment.--
            ``(1) Membership.--There is hereby established the Boundary 
        Waters Canoe Area Wilderness Intergovernmental Council 
        (hereafter in this section referred to as the ``Council''). The 
        Council shall be composed of 11 members, as follows:
                    ``(A) The Under Secretary for Natural Resources and 
                Environment, Department of Agriculture, ex officio, or 
                his designee.
                    ``(B) Three individuals, appointed by the Secretary 
                after consideration of recommendations by the Governor, 
                to represent the Minnesota Department of Natural 
                Resources, the Minnesota Environmental Quality Board, 
                and the Minnesota Office of Tourism.
                    ``(C) One individual appointed by the Secretary to 
                represent the Minnesota Historical Society.
                    ``(D) The Chair of the St. Louis County 
                Commissioners, or the designee of the Chair, ex 
                officio.
                    ``(E) The Chair of the Lake County Commissioners, 
                or the designee of the Chair, ex officio.
                    ``(F) The Chair of Cook County Commissioners, or 
                the designee of the Chair, ex officio.
                    ``(G) The State Senator, who represents the area in 
                which the wilderness is located, or the designee of the 
                State Senator, ex officio.
                    ``(H) The State Representative, who represents the 
                area in which the wilderness is located, or the 
                designee of the State Representative, ex officio.
                    ``(I) One member of the Native American community 
                to represent the 1854 Treaty Authority.
            ``(2) Terms.--The term of the members appointed to the 
        Council under paragraph (1), other than ex officio members, 
        shall be two years. Any member of the Council appointed for a 
        definite term may serve after the expiration of his term until 
        his successor is appointed.
            ``(3) Compensation.--Members of the Council who are not 
        employed by the Federal Government shall serve without pay. 
        While away from their homes or regular places of business in 
        the performance of services of the Council, members of the 
        Council shall be allowed travel expenses, including per diem in 
        lieu of subsistence, in the same manner as persons employed 
        intermittently in Federal Government service are allowed 
        expenses under section 5703 of title 5, United States Code.
    ``(b) Provisions Relating to the Conduct of Council Business.--
            ``(1) Quorum.--Eight members of the Council shall 
        constitute a quorum.
            ``(2) Chairperson.--The members of the Council shall elect 
        a chairperson of the Council from among the members of the 
        Council.
            ``(3) Vacancy.--Any vacancy in the Council shall be filled 
        in the same manner in which the original appointment was made.
            ``(4) Meetings.--The Council shall meet at the call of the 
        chairperson or a majority of the members.
            ``(5) Staff.--The Secretary shall provide the Council with 
        such staff and technical assistance as the Secretary, after 
        consultation with the Council, considers appropriate to enable 
        the Council to carry out its duties. Upon request of the 
        Secretary, any Federal agency may provide information, 
        personnel, property, and services, on a reimbursable basis, to 
        the Council to assist in carrying out its duties under this 
        section. The Secretary may accept the services of personnel 
        detailed from the State of Minnesota or any political 
        subdivision of the State and may reimburse the State or such 
        political subdivision for such services.
            ``(6) Procedural matters.--
                    ``(A) FACA.--The Federal Advisory Committee Act (5 
                U.S.C. App.) shall not apply to the Council.
                    ``(B) Guidelines for conduct of business.--The 
                following guidelines apply with respect to the conduct 
                of business at meetings of the Council:
                            ``(i) Each regular meeting and each 
                        emergency meeting shall be open to the public.
                            ``(ii) Emergency meetings shall be held at 
                        the call of the chair or equivalent presiding 
                        officer.
                            ``(iii) Timely public notice of each 
                        regular meeting and each emergency meeting, 
                        including the time, place, and agenda of the 
                        meeting, shall be published in local newspapers 
                        and such notice may be given by such other 
                        means as will result in wide publicity.
                            ``(iv) Interested persons shall be 
                        permitted to present oral or written statements 
                        regarding the matters on the agenda at 
                        meetings.
                            ``(v) Minutes of each meeting shall be kept 
                        and shall contain a record of the persons 
                        present, an accurate description of matters 
                        discussed and conclusions reached, and copies 
                        of all statements filed.
                            ``(vi) The administrative record, including 
                        minutes required under clause (v), of each 
                        meeting, and records or other documents which 
                        were made available to or prepared for or by 
                        the Council incident to the meeting, shall be 
                        available for public inspection and copying at 
                        a single location in the offices of the 
                        Council.
                    ``(C) New information.--At any time when the 
                Council determines it appropriate to consider new 
                information from a State or Federal agency or from a 
                Council advisory body, the Council shall give 
                comparable consideration to new information offered at 
                that time by interested members of the public. 
                Interested parties shall have a reasonable opportunity 
                to respond to new data or information before the 
                Council takes final action on management measures.
    ``(c) Functions.--The Council shall, in accordance with the 
provisions of this Act--
            ``(1) prepare and submit to the Secretary draft amendments 
        to the management plan and, from time to time, such additional 
        amendments to the plan as are necessary, which provides for as 
        broad a range of sustainable land and water uses and scenic and 
        recreational activities as are compatible with the laws and 
        regulations governing the wilderness and other local, State, or 
        Federal public lands, as may be decided upon in the plan;
            ``(2) after considering public comment and comment from the 
        Secretary, prepare and submit to the Secretary revisions of the 
        management plan when appropriate for the purposes of making 
        regularly scheduled management plan revisions under section 6 
        of the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1604);
            ``(3) consult with and provide comments to the Secretary 
        regarding the environmental impact of major Federal actions 
        significantly affecting the quality of the human environment 
        which are proposed by the Secretary;
            ``(4) analyze the economic and environmental costs and 
        benefits of implementing sustainable practices for the 
        wilderness;
            ``(5) conduct public hearings, at appropriate times and in 
        appropriate locations, so as to allow all interested persons an 
        opportunity to be heard in the development of the amendments to 
        and revisions of the management plan, in the development of 
        major Federal actions referred to in paragraph (3), and with 
        respect to the administration and implementation of the 
        provisions of this Act;
            ``(6) establish an ongoing process of review and evaluation 
        of local, State, and Federal actions, plans, ordinances, 
        regulations, laws, and land use decisions for the purpose of 
        assessing their effect on the long-term sustainability of the 
        economic and environmental values and resources of the region;
            ``(7) submit to the Secretary such periodic reports as the 
        Council deems appropriate, and any other relevant report which 
        may be requested by the Secretary; and
            ``(8) conduct other activities which are required by, or 
        provided for in, this Act or which are necessary and 
        appropriate to the functions specified in paragraphs (1) 
        through (7).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 5. MANAGEMENT PLAN.

    Public Law 95-495 (92 Stat. 1650), as amended by section 4 of this 
Act, is further amended by adding at the end the following new section:

``SEC. 23. MANAGEMENT PLAN.

    ``(a) In General.--The provisions of this section shall apply when 
the Secretary is amending and revising management plans for the 
wilderness or considering decisions that require public involvement and 
notification under the National Environmental Policy Act of 1969.
    ``(b) Management Plan.--
            ``(1) Received from council.--The Secretary shall receive 
        the draft amendments to the revisions of the management plan 
        prepared and submitted by the Boundary Waters Canoe Area 
        Wilderness Intergovernmental Council under section 22(c), 
        together with public comments on the draft amendments or 
        revisions, and shall review and, if necessary, submit to the 
        Council such recommendations as the Secretary determines 
appropriate for revising the draft amendments or revisions.
            ``(2) Revisions.--The Secretary shall accept a revised 
        drafts prepared and submitted by the Council by reason of 
        paragraph (1).
            ``(3) Final plan.--
                    ``(A) In general.--If the Secretary determines that 
                the amendments to or revisions of the management plan 
                are not inconsistent with other provisions of this Act 
                or applicable laws, treaties, executive orders, and 
                that the amended or revised management plan is in the 
                public interest, the Secretary shall adopt the amended 
                or revised management plan.
                    ``(B) Management plan board.--
                            ``(i) If the Secretary decides not to adopt 
                        the revised amendments to the management plan, 
                        the amendments to the management plan shall be 
                        made by the Secretary in accordance with clause 
                        (iii) pursuant to recommendations made by a 
                        management plan board appointed under clause 
                        (ii).
                            ``(ii) The management plan board shall 
                        consist of three members, appointed as follows:
                                    ``(I) One member appointed by the 
                                Secretary,
                                    ``(II) One member appointed by the 
                                Secretary from a list of 5 or more 
                                individuals submitted by the Boundary 
                                Waters Canoe Area Wilderness 
                                Intergovernmental Council, by majority 
                                vote. The Secretary may request 
                                additional lists.
                                    ``(III) One member appointed by the 
                                Secretary from a list of 5 or more 
                                individuals submitted by the two 
                                members appointed under subclauses (I) 
                                and (II). The Secretary may request 
                                additional lists.
                        Members of a management plan board who are not 
                        employed by the Federal Government shall serve 
                        without pay. While away from their homes or 
                        regular places of business in the performance 
                        of services of the board, members of the board 
                        shall be allowed travel expenses, including per 
                        diem in lieu of subsistence, in the same manner 
                        as persons employed intermittently in Federal 
                        Government service are allowed expenses under 
                        section 5703 of title 5, United States Code. 
                        The Federal Advisory Committee Act (5 U.S.C. 
                        App.) shall not apply to a management plan 
                        board.
                            ``(iii) The management plan board shall 
                        review the revised amendments to the management 
                        plan submitted by the Council to the Secretary 
                        under section 22(c), and such comments on the 
                        revised amendments and recommendations for such 
                        amendments as the Secretary submits to the 
                        board. Following such review, the board shall 
                        submit to the Secretary such amendments as the 
                        board finds to be appropriate under the 
                        provisions of this Act. The Secretary shall 
                        revise the management plan in a manner based on 
                        the amendments submitted by the board.
            ``(4) Not accepted.--If the Secretary determines not to 
        adopt the amendments to or revisions of the management plan 
        under subparagraph (A), the Secretary shall notify the Council 
        in writing within 95 days of the determination and shall make 
        recommendations for further action by the Council. No amendment 
        to the management plan shall be implemented by the Secretary 
        until the Secretary complies with paragraphs (1), (2), and (3).
            ``(5) Failure of council to act.--If the Council declines 
        to submit to the Secretary a revised management plan, or 
        amendments to a revised plan, the Secretary may make such 
        revisions as the Secretary considers necessary or appropriate 
        and implement the plan.
    ``(c) Major Federal Actions.--The Secretary shall seek the comment 
of the Council when considering major Federal actions that require 
public involvement and notification under the National Environmental 
Policy Act of 1969.
    ``(d) Status Quo.--The management plan of the wilderness may not be 
changed except in accordance with this section.''.
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