[Congressional Record Volume 142, Number 63 (Wednesday, May 8, 1996)]
[Senate]
[Pages S4865-S4867]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAMS:
  S. 1738. A bill to provide for improved access to and use of the 
Boundary Waters Canoe Area Wilderness, and for other purposes; to the 
Committee on Energy and Natural Resources.


the boundary waters canoe area wilderness accessibility and partnership 
                              act of 1996

  Mr. GRAMS. Mr. President, I rise today to introduce legislation 
designed to resolve one of the longest and most heartfelt controversies 
in my home State of Minnesota: the future of the Boundary Waters Canoe 
Area Wilderness.
  In 1978, 1 million acres in northern Minnesota were designated by 
Congress as our Nation's only lakeland-based Federal wilderness area.
  This area was named the Boundary Waters Canoe Area Wilderness, or 
BWCAW.
  Through this Federal designation, Congress rightfully acknowledged 
the need to protect the tremendous ecological and recreational 
resources existing within the BWCAW.
  At the same time, however, Congress recognized that it was to be a 
multiple-use wilderness area, as first envisioned by Senator Hubert 
Humphrey back in 1964.
  When Senator Humphrey included the region now known as the boundary 
waters in the National Wilderness System, he made that commitment to 
the people of Minnesota when he said ``The Wilderness bill will not ban 
motorboats.''
  Respected preservationist Sigurd F. Olson reiterated Senator 
Humphrey's pledge, saying ``Nothing in this act shall preclude the 
continuance within the area of already established use of motorboats.''
  In fact, it is safe to say that without those commitments to the 
people of Minnesota, it is doubtful whether this region would be a 
wilderness area today.
  The 1978 legislation creating the boundary waters also included 
commitments allowing motorized uses of select lakes and portages.
  Minnesotans were to be given reasonable access to recreation in the 
boundary waters. The region would be preserved as a national treasure 
that could be enjoyed by everyone.
  But as time passed, those commitments were forgotten in Washington.
  Since 1978, the people of northern Minnesota have been subjected to 
ever-increasing U.S. Forest Service regulations in the boundary waters.
  Many in the area have seen their customs, cultures and traditions 
uprooted by federal regulations which have shut them out of the land 
they call home.
  Definition changes and unreasonable permit restrictions are just a 
few of the administrative changes that have twisted the original intent 
of the boundary waters legislation, making the area less accessible for 
the people who live there.
  This 18-year history of broken promises and creeping encroachment by 
the Federal Government has led to a region of our State being overtaken 
by Washington bureaucrats, their rules and regulations, and 
restrictions on public access and input.
  It has turned the original boundary waters law on its head and 
prevented many of us from enjoying the same natural resources our 
mothers and fathers cared for over the years.
  Enough is enough.
  It is time to return to the original intent of the boundary waters 
legislation, to give the public access to the natural resources which 
surround them, and to give Minnesotans a say in how their land is 
managed. My legislation will do just that.
  The Boundary Waters Canoe Area Wilderness Accessibility and 
Partnership Act is designed to achieve these goals with several modest, 
common-sense reforms.
  First, it will allow the reinstatement of three motorized portages to 
assist in transporting boats between five lakes in the boundary waters 
region.
  Prior to their closing in 1993, these portages were essential in 
transporting many of the elderly and disabled between motorized lakes 
in the BWCAW.
  Because of the successful efforts of environmental extremists to 
close down the portages, these Minnesotans have found themselves 
unfairly shut out from the boundary waters because of their age or 
disability. Under my legislation, such discrimination will no longer be 
tolerated.
  By reopening the portages, my bill will ensure that the boundary 
waters will be there for the enjoyment of all who visit, not just the 
young and strong.
  Second, it will create a new Planning and Management Council charged 
with developing and monitoring a comprehensive management plan. This 
management council will consist of 11 members appointed by the 
Secretary of Agriculture and will include representatives from Federal, 
State, local, and tribal governments.

  The management council will be authorized to create advisory councils 
made up of individuals representing civic, business, conservation, 
sportsperson, and citizen organizations.
  All council meetings will be open to the public, who will be given 
opportunities to provide comment on agenda items. Minutes will be 
recorded at all meetings and made available for public inspection.

[[Page S4866]]

  Under my legislation, public input will no longer be ignored--in 
fact, it will be encouraged as part of the management process.
  Finally, my legislation will prohibit the Forest Service from issuing 
any additional regulations regarding the BWCAW between enactment of the 
bill and final approval of the management plan, except in cases of 
routine administration, law enforcement need, and emergencies.
  All in all, the bill I introduce today is a modest and reasonable 
attempt to give back to the people one of their most basic rights: the 
freedom to enjoy our natural resources responsibly.
  It comes as the result of two public field hearings in Minnesota, 9 
hours of public testimony from 32 witnesses from Minnesota, and pages 
of documents, data, and public feedback.
  It will increase public input and participation in the management of 
the boundary waters, creating a partnership between the Government and 
the people of Minnesota. And it will ensure the protection of this 
national treasure for generations to come.
  This legislation has been a long time coming. For nearly 20 years, 
the people of Minnesota have waited patiently for the Federal 
Government to act on their behalf. They should not have to wait any 
longer. We must move expeditiously to ensure that their rights--as 
prescribed within this measure--are no longer held hostage by 
overzealous regulators and administrators from Washington.
  The people of northern Minnesota deserve to finally have their voices 
heard in the Halls of Congress. Today, we take that first step.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1738

       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.

[[Page S4867]]

       ``(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.''.
                                 ______