[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3298 Introduced in House (IH)]

  2d Session
                                H. R. 3298

    To provide for the establishment of the Voyageurs National Park 
           Intergovernmental Council, 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 the establishment of the Voyageurs National Park 
           Intergovernmental Council, 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. SHORT TITLE.

    This Act may be cited as the ``Voyageurs National Park 
Intergovernmental Council Act of 1996''.

SEC. 2. FINDINGS AND DECLARATIONS.

    The Congress finds and declares that--
            (1) intergovernmental cooperation (local, State, and 
        Federal) is essential to optimize the sustainable development 
        of natural, cultural, and recreational resources of Voyageurs 
        National Park; and
            (2) the national interest is served by--
                    (A) preserving, protecting, and improving the long-
                term perpetuation of such diverse resources for the 
                benefit of the people of the United States; and
                    (B) improving the coordination among all levels of 
                government in the Voyageurs region.

SEC. 3. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL.

    The Act entitled ``An Act to authorize the establishment of the 
Voyageurs National Park in the State of Minnesota, and for other 
purposes'' (16 U.S.C. 160 et seq.) is amended by inserting after 
section 305 the following new section:

``SEC. 306. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL.

    ``(a) Establishment.--
            ``(1) Membership.--There is hereby established the 
        Voyageurs National Park Intergovernmental Council (hereafter in 
        this section referred to as the ``Council''). The Council shall 
        be composed of 11 members, as follows:
                    ``(A) The Assistant Secretary for Fish and Wildlife 
                and Parks, ex officio, or his designee.
                    ``(B) Four individuals, appointed by the Secretary 
                after consideration of recommendations by the Governor, 
                to represent the Minnesota Department of Natural 
                Resources, Department of Transportation, 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 Koochiching County 
                Commissioners, or the designee of the Chair, ex 
                officio.
                    ``(F) One State Senator, chosen by the Governor, 
                who represents the area in which the park is located, 
                or the designee of the State Senator, ex officio.
                    ``(G) One State Representative, chosen by the 
                Governor, who represents the area in which the park is 
                located, or the designee of the State Representative, 
                ex officio.
                    ``(H) One member of the Native American community 
                to represent the 1854 Treaty Authority, appointed by 
                the Secretary.
            ``(2) Terms.--A member of the Council appointed under 
        paragraph (1), other than ex officio members, shall be 
        appointed for a term of four 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 comprehensive 
        draft amendments to the management plan and, from time to time, 
        such 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 Voyageurs National Park and 
        other local, State, or Federal public lands;
            ``(2) analyze the economic and environmental costs and 
        benefits of implementing sustainable practices for Voyageurs 
        National Park;
            ``(3) 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 amendments to the 
        plan, and with respect to the administration and implementation 
        of the provisions of this Act;
            ``(4) after considering public comment and comment from the 
        Secretary, prepare and submit to the Secretary proposed 
        revisions to the draft management plan;
            ``(5) 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;
            ``(6) 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
            ``(7) 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 (6).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.

SEC. 4. REVISION OF VOYAGEURS NATIONAL PARK MANAGEMENT PLAN.

    (a) Management Plan.--Section 303 of the Act entitled ``An Act to 
authorize the establishment of the Voyageurs National Park in the State 
of Minnesota, and for other purposes'' (16 U.S.C. 160h) is amended--
            (1) by inserting ``(a)'' after ``303.''; and
            (2) by adding at the end the following:
    ``(b)(1) The Secretary shall prepare in accordance with this 
section and implement amendments to the management plan for the park. 
Where appropriate, such amendments shall provide for recreational 
opportunities, including (but not limited to) access and use of boats, 
aircraft, snowmobiles, hiking, and skiing on all major lakes and bays 
within the park.
    ``(2) The Secretary shall receive the draft amendments to the 
management plan prepared and submitted by the Voyageurs National Park 
Intergovernmental Council under section 306(c)(1), together with public 
comments on the draft amendments, and shall review and, if necessary, 
submit to the Council such recommendations as the Secretary determines 
appropriate for revising the draft amendments.
    ``(3) The Secretary shall receive revised draft amendments prepared 
and submitted by the Council under section 306(c)(1).
    ``(c)(1) If the Secretary determines that the revised amendments to 
the management plan are not inconsistent with other provisions of this 
Act or applicable laws, treaties, executive orders, and that the 
revised amendments to the management plan are in the public interest, 
the Secretary shall adopt the revised amendments to the management 
plan.
    ``(2)(A) 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 subparagraph (C) 
pursuant to recommendations made by a management plan board appointed 
under subparagraph (B).
    ``(B)(i) 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 Voyageurs National Park 
        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 2 members appointed 
        under subclauses (I) and (II). The Secretary may request 
        additional lists.
    ``(ii) 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.
    ``(iii) The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to a management plan board.
    ``(C) The management plan board shall review the revised amendments 
to the management plan submitted by the Council to the Secretary under 
section 306(c)(1), 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.
    ``(d) If the Secretary fails to approve or disapprove revised 
amendments to the management plan submitted under this section within 
95 days after the date of the submission of the amendments, no 
amendment to the plan shall be implemented by the Secretary until the 
Secretary complies with subsections (b) and (c).
    ``(e) If the Council declines to submit to the Secretary revised 
amendments to the management plan, or revisions of the amendments, the 
Secretary may make such amendments as the Secretary considers necessary 
or appropriate and implement the plan.
    ``(f) The management plan of the park may not be changed except in 
accordance with this section.''.
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