Calendar No. 133

105TH CONGRESS

1ST SESSION S. 1085

A BILL

To improve the management of the Boundary Waposes. ters Canoe Area Wilderness, and for other purJULY 30, 1997

Read the second time and placed on the calendar
II

Calendar No. 133

105TH CONGRESS

1ST SESSION S. 1085

To improve the management of the Boundary Waters Canoe Area Wilderness,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 29, 1997

Mr. WELLSTONE introduced the following bill; which was read the first time

JULY 30, 1997

Read the second time and placed on the calendar

A BILL

To improve the management of the Boundary Waters Canoe

Area Wilderness, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Boundary Waters

5 Canoe Area Wilderness Expansion, Protection, and Access

6 Act of 1997’’.
2

•S 1085 PCS

1 SEC. 2. MOTORIZED PORTAGES.

2 Section 4 of Public Law 95–495 (16 U.S.C. 1132

3 note; 92 Stat. 1650) is amended by striking subsection

4 (g) and inserting the following:

5 ‘‘(g) MOTORIZED PORTAGES.—

6 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

7 nothing in this Act shall prevent the operation of a

8 motorized vehicle and associated equipment that is

9 necessary to assist in the transport of a boat across

10 Prairie Portage from the Moose Lake chain to Bass11 wood Lake, and from Lake Vermilion to Trout Lake

12 across the Trout Lake Portage.

13 ‘‘(2) CLEAN AND EFFICIENT VEHICLES.—A ve14 hicle operated as permitted under paragraph (1)—

15 ‘‘(A) may not exceed the dimensions of a

3 16 ⁄4 ton pickup truck; and

17 ‘‘(B) shall be a clean-emission and energy18 efficient vehicle, as determined by the Sec19 retary.

20 ‘‘(3) NEW TECHNOLOGY.—The Secretary may

21 require the use of vehicles under paragraph (1) that

22 utilize appropriate cost-effective new technology al23 lowing for a cleaner and quieter motorized vehicle as

24 soon as practicable, as determined by the Secretary.

25 ‘‘(4) REMOVAL OF TOW BOATS.—Not later than

26 30 days after the date on which the operation of mo-
3

•S 1085 PCS

1 torized vehicles begins under paragraph (1), the Sec2 retary shall terminate any special use permit for a

3 tow boat in Basswood Lake or South Farm Lake.

4 ‘‘(5) INCREASE IN MOTORBOAT PERMITS.—The

5 Secretary shall allow an appropriate increase in the

6 number of motorboat permits for September on

7 Basswood Lake to take into account the removal of

8 commercial tow boats on Basswood Lake.

9 ‘‘(6) NO ADDITIONAL FACILITIES.—Nothing in

10 this subsection permits the building of an overnight

11 facility, building, road, or amenity at a portage site.

12 ‘‘(7) NO SUBSIDY.—The costs of operating a

13 motorized vehicle under this subsection shall be

14 borne by a concessionaire without subsidy from any

15 government.

16 ‘‘(8) CONTINUED OPERATION.—If there is no

17 operation of a motorized vehicle under this sub18 section by a concessionaire for a significant portion

19 of the ice-free season for 3 consecutive years, this

20 subsection shall cease to have effect.’’.

21 SEC. 3. LAND ADDITIONS TO THE WILDERNESS.

22 Section 3 of Public Law 95–495 (16 U.S.C. 1132

23 note; 92 Stat. 1649) is amended—

24 (1) by inserting ‘‘(a) IN GENERAL.—’’ after

25 ‘‘SEC. 3.’’; and
4

•S 1085 PCS

1 (2) by adding at the end the following:

2 ‘‘(b) ADDITIONAL LAND.—

3 ‘‘(1) IN GENERAL.—The wilderness shall in4 clude the land designated on the map entitled

5 ‘Boundary Waters Canoe Area—Expansion Pro6 posal’, dated July 29, 1997, comprising approxi7 mately 21,700 acres.

8 ‘‘(2) ON FILE.—The map referred to in para9 graph (1) shall be on file and available for public in10 spection in the offices of the Chief of the Forest

11 Service and the Supervisor of the Superior National

12 Forest.

13 ‘‘(3) DETAILED LEGAL DESCRIPTION AND

14 MAP.—

15 ‘‘(A) IN GENERAL.—Not later than 1 year

16 after the date of enactment of this subsection,

17 the Secretary shall publish in the Federal Reg18 ister a detailed legal description and map show19 ing the new boundaries of the wilderness.

20 ‘‘(B) FILING WITH CONGRESS.—The Sec21 retary shall file the legal description and map

22 described in subparagraph (A) with the Com23 mittee on Agriculture, Nutrition, and Forestry

24 of the Senate and the Committee on Resources

25 of the House of Representatives.
5

•S 1085 PCS

1 ‘‘(C) FORCE OF LAW.—The legal descrip2 tion and map described in subparagraph (A)

3 shall have the same force and effect as if in4 cluded in this Act.

5 ‘‘(D) CLERICAL AND TYPOGRAPHICAL ER6 RORS.—The Secretary may correct clerical and

7 typographical errors in the legal description and

8 map described in subparagraph (A) at any

9 time.

10 ‘‘(4) TIMBER ACCESS ROADS.—Any timber ac11 cess road in the land described in paragraph (1) that

12 is in existence on the date of enactment of this sub13 section that is needed for operations under a timber

14 sale contract in existence on that date shall remain

15 open only until such time as the operations are com16 pleted and the timber sale contract expires.

17 ‘‘(5) LAND EXCHANGES.—Not later that 2

18 years after the date of enactment of this subsection,

19 the Secretary shall identify and convey to the State

20 or a county, in exchange for land owned by the State

21 or county in the wilderness area described in para22 graph (1), Federal land of approximately comparable

23 value, taking into consideration factors such as the

24 timber species, the volume of timber, and the acces25 sibility of timber on the land.’’.
6

•S 1085 PCS

1 SEC. 4. MOTORBOATS ON CANOE LAKE.

2 Section 4(c)(2) of Public Law 95–495 (16 U.S.C.

3 1132 note; 92 Stat. 1650) is amended by striking

4 ‘‘; Canoe, Cook County’’.

5 SEC. 5. USE OF PISTON BULLY.

6 Section 4(i) of Public Law 95–495 (16 U.S.C. 1132

7 note; 92 Stat. 1652) is amended by adding at the end the

8 following: ‘‘The Secretary shall allow the use of a piston

9 bully or similar device to groom the portion of the main10 tained ski trail on the east end of Flour Lake.’’.

11 SEC. 6. PERMIT RESERVATION SYSTEM.

12 Section 4 of Public Law 95–495 (16 U.S.C. 1132

13 note; 92 Stat. 1652) is amended by adding at the end the

14 following:

15 ‘‘(j) PERMIT RESERVATION SYSTEM.—It is the sense

16 of Congress that the Secretary should take steps, if fea17 sible, to move the permit reservation system for the wilder18 ness to northeastern Minnesota. In taking such steps, the

19 Secretary should give preference to a contractor located

20 in a county in which part of the wilderness lies.’’.

21 SEC. 7. ANNUAL GRANTS.

22 Section 16 of Public Law 95–495 (16 U.S.C. 1132

23 note; 92 Stat. 1658) is amended by adding at the end the

24 following:

25 ‘‘(c) ANNUAL GRANTS.—Of the amounts made avail26 able under section 21, the Secretary shall make a portion
7

•S 1085 PCS

1 available each year to the State of Minnesota to be used

2 by the Department of Natural Resources to be used to

3 pay the costs of providing employees and equipment in the

4 wilderness (in addition to the employees and equipment

5 being provided before the date of enactment of this sub6 section) for activities such as—

7 ‘‘(1) campsite restoration;

8 ‘‘(2) trail and campsite maintenance;

9 ‘‘(3) law enforcement;

10 ‘‘(4) monitoring of the management plan de11 scribed in section 20;

12 ‘‘(5) user education; and

13 ‘‘(6) other appropriate activities, as determined

14 by the Secretary.’’.

15 SEC. 8. AIRSPACE RESERVATION.

16 The provisions of Executive Order No. 10092 (14

17 Fed. Reg. 7637) shall be applicable to the areas depicted

18 as wilderness on the map referred to in the amendments

19 made by section 3.

20 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

21 Section 21 of Public Law 95–495 (16 U.S.C. 1132

22 note; 92 Stat. 1659) is amended to read as follows:
8

•S 1085 PCS

1 ‘‘SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘In addition to any other funds authorized to be ap3 propriated for the wilderness, there are authorized to be

4 appropriated to carry out this Act—

5 ‘‘(1) $3,500,000 for fiscal year 1998; and

6 ‘‘(2) such sums as are necessary for each fiscal

7 year thereafter.’’.

8 SEC. 10. EFFECTIVE DATE.

9 This Act and the amendments made by this Act take

10 effect on January 1, 1998.