[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1738 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1738

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 1996

   Mr. Grams introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural 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. SHORT TITLE.

    This Act may be cited as the ``Boundary Waters Canoe Area 
Wilderness Accessibility and Partnership Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Boundary Waters Canoe Area Wilderness, located 
        amidst the scenic splendor of the Minnesota-Ontario border, is 
        and always will be a unique lakeland-based Federal wilderness 
        unit that serves as 1 of the Nation's great natural ecosystems;
            (2) the Boundary Waters Canoe Area Wilderness is a special 
        wilderness area dedicated to appropriate public access and use 
        through recognized motorized and nonmotorized recreational 
        activities under protections and commitments in the Wilderness 
        Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat. 
        1649);
            (3) intergovernmental cooperation that respects and 
        emphasizes the role of State, local, and tribal governments in 
        land management decisionmaking processes is essential to 
        optimize the preservation and development of social, 
        historical, cultural, and recreational resources; and
            (4) the national interest is served by--
                    (A) improving the management and protection of the 
                Boundary Waters Canoe Area Wilderness;
                    (B) allowing Federal, State, local, and tribal 
                governments to engage in an innovative management 
                partnership in Federal land management decisionmaking 
                processes; and
                    (C) ensuring adequate public access, enjoyment, and 
                use of the Boundary Waters Canoe Area Wilderness 
                through nonmotorized and limited motorized means.

SEC. 3. MANAGEMENT CHANGES.

    (a) Use of Motorboats.--
            (1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92 
        Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac 
        La Croix, Saint Louis County;'' after ``Saint Louis County;''.
            (2) Basswood, birch, and saganaga lakes.--Section 4(c) of 
        Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is 
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``except that portion 
                        generally'' and all that follows through 
                        ``Washington Island'' and inserting ``Lake 
                        County; Birch, Lake County''; and
                            (ii) by striking ``, except for that 
                        portion west of American Point''; and
                    (B) by striking paragraph (4).
            (3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92 
        Stat. 1650; 16 U.S.C. 1132 note) is amended--
                    (A) in paragraph (2), by striking ``that portion 
                generally east of Threemile Island,''; and
                    (B) in paragraph (3), by striking ``Sea Gull, Cook 
                County, that portion generally west of Threemile 
                Island, until January 1, 1999;''.
    (b) Definition of Guest.--The second proviso of section 4(f) of 
Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended--
            (1) by inserting ``day and overnight'' after ``lake 
        homeowners and their'';
            (2) by inserting ``who buy or rent goods and services'' 
        after ``resort owners and their guests''; and
            (3) by inserting ``or chain of lakes'' after ``shall have 
        access to that particular lake''.
    (c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat. 
1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and 
inserting the following:
    ``(g) Motorized Portages.--Nothing in this Act shall prevent the 
operation of motorized vehicles and associated equipment to assist in 
the transport of a boat across the portages from the Moose Lake chain 
to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake 
Vermilion to Trout Lake.''.

SEC. 4. PLANNING AND MANAGEMENT COUNCIL.

    Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) 
is amended by adding at the end the following:
    ``(j) Planning and Management Council.--
            ``(1) Establishment.--There is established the Boundary 
        Waters Canoe Area Wilderness Intergovernmental Council 
        (referred to in this Act as the `Council').
            ``(2) Duties of the council.--The Council shall develop and 
        monitor a comprehensive management plan for the wilderness in 
        accordance with section 20.
            ``(3) Membership.--The Council shall be composed of 11 
        members, appointed by the Secretary, of whom--
                    ``(A) 1 member shall be the Under Secretary for 
                Natural Resources and Environment of the Department of 
                Agriculture, or a designee;
                    ``(B) 3 members shall be appointed, from 
                recommendations by the Governor of Minnesota, to 
                represent the Department of Natural Resources, the 
                Office of Tourism, and the Environmental Quality Board, 
                of the State of Minnesota;
                    ``(C) 1 member shall be a commissioner from each of 
                the counties of Lake, Cook, and Saint Louis from 
                recommendations by each of the county board of 
                commissioners;
                    ``(D) 1 member shall be an elected official from 
                the Northern Counties Land-Use Coordinating Board from 
                recommendations by the Board;
                    ``(E) 1 member shall be the State senator who 
                represents the legislative district that contains a 
                portion of the wilderness;
                    ``(F) 1 member shall be the State representative 
                who represents the legislative district that contains a 
                portion of the wilderness; and
                    ``(G) 1 member shall be an elected official of the 
                Native American community to represent the 1854 Treaty 
                Authority, from recommendations of the Authority.
            ``(4) Advisory councils.--
                    ``(A) In general.--The Council may establish 1 or 
                more advisory councils for consultation, including 
                councils consisting of members of conservation, 
                sportsperson, business, professional, civic, and 
                citizen organizations.
                    ``(B) Funding.--An advisory council established 
                under subparagraph (A) may not receive any amounts made 
                available to carry out this Act.
            ``(5) Quorum.--A majority of the members of the Council 
        shall constitute a quorum.
            ``(6) Chairperson.--
                    ``(A) Election.--The members of the Council shall 
                elect a chairperson of the Council from among the 
                members of the Council.
                    ``(B) Terms.--The chairperson shall serve not more 
                than 2 terms of 2 years each.
            ``(7) Meetings.--The Council shall meet at the call of the 
        chairperson or a majority of the members of the Council.
            ``(8) Staff and services.--
                    ``(A) Staff of the council.--The Council may 
                appoint and fix the compensation of such staff as the 
                Council considers necessary to carry out this Act.
                    ``(B) Procurement of temporary services.--The 
                Council may procure temporary and intermittent services 
                under section 3109(b) of title 5, United States Code.
                    ``(C) Administrative support services.--The 
                Administrator of General Services shall provide to the 
                Council, on a reimbursable basis, such administrative 
                support services as the Council requests.
                    ``(D) Provision by the secretary.--On a request by 
                the Council, the Secretary shall provide personnel, 
                information, and services to the Council to carry out 
                this Act.
                    ``(E) Provision by other federal departments and 
                agencies.--A Federal agency shall provide to the 
                Council, on a reimbursable basis, such information and 
                services as the Council requests.
                    ``(F) Provision by the governor.--The Governor of 
                Minnesota may provide to the Council, on a reimbursable 
                basis, such personnel and information as the Council 
                may request.
                    ``(G) Subpoenas.--The Council may not issue a 
                subpoena nor exercise any subpoena authority.
            ``(9) Procedural matters.--
                    ``(A) Guidelines for conduct of business.--The 
                following guidelines apply with respect to the conduct 
                of business at meetings of the Council:
                            ``(i) Open meetings.--Each meeting shall be 
                        open to the public.
                            ``(ii) Public notice.--Timely public notice 
                        of each 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.
                            ``(iii) Public participation.--Interested 
                        persons shall be permitted to give oral or 
                        written statements regarding the matters on the 
                        agenda at meetings.
                            ``(iv) Minutes.--Minutes of each meeting 
                        shall be kept and shall contain a record of the 
                        persons present, an accurate description of all 
                        proceedings and matters discussed and 
                        conclusions reached, and copies of all 
                        statements filed.
                            ``(v) Public inspection of record.--The 
                        administrative record, including minutes 
                        required under clause (iv), of each meeting, 
                        and records or other documents that 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.
                    ``(B) New information.--At any time when the 
                Council determines it appropriate to consider new 
                information from a Federal or State agency or from a 
                Council advisory body, the Council shall give full 
                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.
            ``(10) Compensation.--
                    ``(A) In general.--A member of the Council who is 
                not an officer or employee of the Federal government 
                shall serve without pay.
                    ``(B) Travel expenses.--While away from the home or 
                regular place of business of the member in the 
                performance of services for the Council, a member 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.
            ``(11) Funding.--Of amounts appropriated to the Forest 
        Service for a fiscal year, the Secretary shall make available 
        such amounts as the Council shall request, not to exceed 
        $150,000 for the fiscal year.
            ``(12) Termination of council.--The Council shall terminate 
        on the date that is 10 years after the date of enactment of 
        this subsection.''.

SEC. 5. MANAGEMENT PLAN.

    Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132 
note) is amended to read as follows:

``SEC. 20. MANAGEMENT PLAN.

    ``(a) Schedule.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of this subsection, the Council shall submit to the 
        Secretary and the Governor of Minnesota a comprehensive 
        management plan (referred to in this section as the `plan') for 
        the Boundary Waters Canoe Area Wilderness, to be developed and 
        implemented by the responsible Federal agencies, the State of 
        Minnesota, and local political subdivisions.
            ``(2) Preliminary report.--Not later than 1 year after the 
        date of the first meeting of the Council, the Council shall 
        submit a preliminary report to the Secretary describing the 
        process to be used to develop the plan.
    ``(b) Development of Plan.--
            ``(1) In general.--In developing the plan, the Council 
        shall examine all relevant issues, including--
                    ``(A) year-round visitation consistent with the use 
                levels established under this Act, including--
                            ``(i) reform and simplification of the 
                        current day use and overnight use permit 
                        system;
                            ``(ii) resolving discrepancies between 
                        actual permit use and absences; and
                            ``(iii) defining the need for special 
                        permit policies for commercial uses;
                    ``(B) the appropriate distribution of visitors in 
                the wilderness; and
                    ``(C) a comprehensive visitor education program.
            ``(2) Conditions.--In carrying out subparagraphs (A) 
        through (C) of paragraph (1), the Council shall--
                    ``(A) be subject to relevant environmental law;
                    ``(B) consult on a regular basis with appropriate 
                officials of each Federal or State agency or local 
                government that has jurisdiction over land or water in 
                the wilderness;
                    ``(C) consult with interested conservation, 
                sportsperson, business, professional, civic, and 
                citizen organizations; and
                    ``(D) conduct public meetings at appropriate places 
                to provide interested persons the opportunity to 
                comment on matters to be addressed by the plan.
            ``(3) Prohibited considerations.--The Council may not 
        consider--
                    ``(A) removing wilderness designation;
                    ``(B) allowing mining, logging, or commercial or 
                residential development; or
                    ``(C) allowing new types of motorized uses in the 
                wilderness, except as provided in this Act.
    ``(c) Approval of Plan.--
            ``(1) Submission to secretary and governor.--The Council 
        shall submit the plan to the Secretary and the Governor of 
        Minnesota for review.
            ``(2) Approval or disapproval by the secretary.--
                    ``(A) Review by the governor.--The Governor may 
                comment on the plan not later than 60 days after 
                receipt of the plan from the Council.
                    ``(B) Secretary.--
                            ``(i) In general.--The Secretary shall 
                        approve or disapprove the plan not later than 
                        90 days after receipt of the plan from the 
                        Council.
                            ``(ii) Criteria for review.--In reviewing 
                        the plan, the Secretary shall consider--
                                    ``(I) the adequacy of public 
                                participation;
                                    ``(II) assurances of plan 
                                implementation from State and local 
                                officials in Minnesota;
                                    ``(III) the adequacy of regulatory 
                                and financial tools that are in place 
                                to implement the plan;
                                    ``(IV) provisions of the plan for 
                                continuing oversight by the Council of 
                                implementation of the plan; and
                                    ``(V) the consistency of the plan 
                                with Federal law.
                            ``(iii) Notification of disapproval.--If 
                        the Secretary disapproves the plan, the 
                        Secretary shall, not later than 30 days after 
                        the date of disapproval, notify the Council in 
                        writing of the reasons for the disapproval and 
                        provide recommendations for revision of the 
                        plan.
                    ``(C) Revision and resubmission.--Not later than 60 
                days after receipt of a notice of disapproval under 
                subparagraph (B) or (D), the Council shall revise and 
                resubmit the plan to the Secretary for review.
                    ``(D) Approval or disapproval of revision.--The 
                Secretary shall approve or disapprove a plan submitted 
                under subparagraph (C) not later than 30 days after 
                receipt of the plan from the Council.
    ``(d) Review and Modification of Implementation of Plan.--The 
Council--
            ``(1) shall review and monitor the implementation of the 
        plan; and
            ``(2) may, after providing for public comment and after 
        approval by the Secretary, modify the plan, if the Council and 
        the Secretary determine that the modification is necessary to 
        carry out this Act.
    ``(e) Interim Program.--Before the approval of the plan, the 
Council shall advise and cooperate with appropriate Federal, State, 
local, and tribal governmental entities to minimize adverse impacts on 
the values described in section 2.
    ``(f) Forest Service Regulations.--During the period beginning on 
the date of enactment of this subsection and ending on the date a 
management plan is approved by the Secretary under subsection (c)(2), 
the Secretary may not issue any regulation that relates to the Boundary 
Waters Canoe Area Wilderness, except for--
            ``(1) regulations required for routine business, such as 
        issuing permits, visitor education, maintenance, and law 
        enforcement; and
            ``(2) emergency regulations.
    ``(g) State and Local Jurisdiction.--Nothing in this Act 
diminishes, enlarges, or modifies any right of the State of Minnesota 
or any political subdivision of the State to--
            ``(1) exercise civil and criminal jurisdiction;
            ``(2) carry out State fish and wildlife laws in the 
        wilderness; or
            ``(3) tax persons, corporations, franchises, or private 
        property on land and water included in the wilderness.''.
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