[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3880 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3880

    To provide for the establishment of the Voyageurs National Park 
Intergovernmental Council, to provide for improved access to and use of 
   the Boundary Waters Canoe Area Wilderness, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 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, 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,

                    TITLE I--VOYAGEURS NATIONAL PARK

SEC. 101. 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. 102. 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 13 members, as follows:
                    ``(A) The Assistant Secretary for Fish and Wildlife 
                and Parks, 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) Four individuals, appointed by the Secretary 
                to represent the national interest of the park.
                    ``(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.--A majority of the 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. 103. 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 within the park.
    ``(2)(A) 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.
    ``(B) The Secretary shall resubmit revised draft amendments 
prepared and submitted by the Council under section 306(c)(1).
    ``(C) 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.
    ``(3) Notwithstanding paragraph (2), the Secretary, after providing 
notice to the Council, may make and implement such amendments to the 
plan as the Secretary considers necessary or appropriate.
    ``(c) The management plan of the park may not be changed except in 
accordance with this section.''.

            TITLE II--BOUNDARY WATERS CANOE AREA WILDERNESS

SEC. 201. 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. 202. 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 their day and overnight guests and resort 
        owners and their day and overnight guests who buy or rent goods 
        and services''; and
            (2) by inserting ``or chain of lakes'' after ``shall have 
        access to that particular lake''.

SEC. 203. 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. 204. 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 15 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) Five individuals, appointed by the Secretary 
                to represent the national interest in the wilderness.
                    ``(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.--A majority of the 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. 205. MANAGEMENT PLAN.

    Public Law 95-495 (92 Stat. 1650), as amended by section 204 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.--(A) 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.
            ``(B) The Secretary shall resubmit revised drafts prepared 
        and submitted by the Council by reason of subparagraph (A).
            ``(C) 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.
            ``(2) Preservation of secretarial discretion.--
        Notwithstanding paragraph (1), the Secretary, after providing 
        notice to the Council, may make and implement such amendments 
        and revisions to the plan as the Secretary considers necessary 
        or appropriate.
    ``(c) Status Quo.--The management plan of the wilderness may not be 
changed except in accordance with this section.''.
                                 <all>