[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1805 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1805

To provide for the management of Voyageurs National Park, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 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 the management of Voyageurs National Park, 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 
Accessibility and Partnership Act of 1996''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Voyageurs National Park serves as a unique Federal park 
        unit in one of the Nation's distinguished natural ecosystems;
            (2) Voyageurs National Park shall serve as a year-round 
        multiple-use recreational unit as mandated under Public Law 91-
        661;
            (3) current management of Voyageurs National Park has 
        unilaterally restricted use and accessibility within certain 
        portions of the park;
            (4) intergovernmental cooperation that respects and 
        emphasizes the role of State, local, and tribal governments in 
        land management decision-making processes is essential to 
        optimize the protection and development of social, historical, 
        cultural, and recreational resources; and
            (5) the national interest is served by--
                    (A) improving the management and protection of 
                Voyageurs National Park;
                    (B) ensuring appropriate public access, enjoyment, 
                and use throughout Voyageurs National Park; and
                    (C) allowing Federal, State, local, and tribal 
                governments to engage in an innovative management 
                partnership in Federal land management decisionmaking 
                processes.

SEC. 3. PLANNING AND MANAGEMENT COUNCIL.

    Public Law 91-661 (16 U.S.C. 160 et seq.) is amended--
            (1) by redesignating sections 304 and 305 (16 U.S.C. 160i 
        and 160j) as sections 306 and 307, respectively; and
            (2) by inserting after section 303 (16 U.S.C. 160h) the 
        following:

``SEC. 304. PLANNING AND MANAGEMENT COUNCIL.

    ``(a) Establishment.--There is established the Voyageurs National 
Park Intergovernmental Council (referred to in this Act as the 
`Council').
    ``(b) Duties of the Council.--The Council shall develop and monitor 
a comprehensive management plan for the park in accordance with section 
305.
    ``(c) Membership.--The Council shall be composed of 11 members, 
appointed by the Secretary, of whom--
            ``(1) 1 member shall be the Assistant Secretary for Fish 
        and Wildlife and Parks, or a designee;
            ``(2) 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;
            ``(3) 1 member shall be a commissioner from each of the 
        counties of Koochiching and Saint Louis, appointed from 
        recommendations by each of the county boards of commissioners;
            ``(4) 1 member shall be a representative from the cities of 
        International Falls and Orr, appointed from recommendations by 
        each of the city councils;
            ``(5) 1 member shall be a State senator who represents a 
        legislative district that contains a portion of the park, 
        appointed from a recommendation by the Governor of Minnesota;
            ``(6) 1 member shall be a State representative who 
        represents a legislative district that contains a portion of 
        the park, appointed from a recommendation by the Governor of 
        Minnesota;
            ``(7) 1 member shall be an elected official from the 
        Northern Counties Land-Use Coordinating Board, appointed from 
        recommendations by the Board; and
            ``(8) 1 member shall be an elected official of the Native 
        American community to represent the 1854 Treaty Authority, 
        appointed from recommendations by the Authority.
    ``(d) Advisory Committees.--
            ``(1) In general.--The Council may establish 1 or more 
        advisory committees for consultation, including committees 
        consisting of members of conservation, sportsperson, business, 
        professional, civic, and citizen organizations.
            ``(2) Funding.--An advisory committee established under 
        paragraph (1) may not receive any amounts made available to 
        carry out this Act.
    ``(e) Quorum.--A majority of the members of the Council shall 
constitute a quorum.
    ``(f) Chairperson.--
            ``(1) Election.--The members of the Council shall elect a 
        chairperson of the Council from among the members of the 
        Council.
            ``(2) Terms.--The chairperson shall serve not more than 2 
        terms of 2 years each.
    ``(g) Meetings.--The Council shall meet at the call of the 
chairperson or a majority of the members of the Council.
    ``(h) Staff and Services.--
            ``(1) 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.
            ``(2) Procurement of temporary services.--The Council may 
        procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code.
            ``(3) 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.
            ``(4) 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.
            ``(5) 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.
            ``(6) 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.
            ``(7) Subpoenas.--The Council may not issue a subpoena nor 
        exercise any subpoena authority.
    ``(i) Procedural matters.--
            ``(1) Guidelines for conduct of business.--The following 
        guidelines apply with respect to the conduct of business at 
        meetings of the Council:
                    ``(A) Open meetings.--Each meeting shall be open to 
                the public.
                    ``(B) 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.
                    ``(C) Public participation.--Interested persons 
                shall be permitted to give oral or written statements 
                regarding the matters on the agenda at meetings.
                    ``(D) 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.
                    ``(E) Public inspection of record.--The 
                administrative record, including minutes required under 
                subparagraph (D), 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.
            ``(2) New information.--At any time when the Council 
        determines it appropriate to consider new information from a 
        Federal, State, or local 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.
    ``(j) Compensation.--
            ``(1) In general.--A member of the Council who is not an 
        officer or employee of the Federal government shall serve 
        without pay when carrying out duties pursuant to this Act.
            ``(2) 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.
    ``(k) Funding.--Of amounts appropriated to the National Park 
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.
    ``(l) Termination of Council.--The Council shall terminate on the 
date that is 10 years after the date of enactment of this subsection.

``SEC. 305. 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 park, 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) appropriate public access and recreational 
                use, including--
                            ``(i) snowmobiling opportunities;
                            ``(ii) campsites and trails;
                            ``(iii) the management policies of 
                        harvesting fish and wildlife;
                            ``(iv) aircraft access throughout the park;
                            ``(v) policies affecting hiking, bicycling, 
                        snowshoeing, skiing, current watercraft 
                        opportunities, and other recreational 
                        activities the Council considers appropriate 
                        for the park; and
                            ``(vi) visitation and services at the 
                        Kettle Falls facilities;
                    ``(B) the proper distribution of visitors in the 
                park;
                    ``(C) a comprehensive visitor education program; 
                and
                    ``(D) the need for wilderness management for 
                certain areas of the park.
            ``(2) Conditions.--In carrying out subparagraphs (A) 
        through (D) of paragraph (1), the Council shall--
                    ``(A) be subject to relevant environmental law;
                    ``(B) consult on a regular basis with appropriate 
                officials of each international, Federal, or State 
                agency or local government that has jurisdiction over 
                land or water in the park;
                    ``(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 park designation; or
                    ``(B) allowing mining, logging, or commercial or 
                residential development.
            ``(4) Report.--The Council shall report to the 
        International Joint Commission on water levels in the Rainy 
        Lake Watershed, pursuant to the Convention Providing for 
        Emergency Regulation of the Level of Rainy Lake and of Certain 
        Other Boundary Waters, signed at Ottawa September 15, 1938 (54 
        Stat. 1800).
    ``(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 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 park.
    ``(f) National Park 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 
park, except for--
            ``(1) regulations required for routine business, such as 
        maintenance, visitor education, 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 park; 
        or
            ``(3) tax persons, corporations, franchises, or private 
        property on land and water included in the park.''.
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