I

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.

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

3 TITLE I—VOYAGEURS NATIONAL

4 PARK

5 SEC. 101. FINDINGS AND DECLARATIONS.

6 The Congress finds and declares that—

7 (1) intergovernmental cooperation (local, State,

8 and Federal) is essential to optimize the sustainable
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1 development of natural, cultural, and recreational re2 sources of Voyageurs National Park; and

3 (2) the national interest is served by—

4 (A) preserving, protecting, and improving

5 the long-term perpetuation of such diverse re6 sources for the benefit of the people of the

7 United States; and

8 (B) improving the coordination among all

9 levels of government in the Voyageurs region.

10 SEC. 102. VOYAGEURS NATIONAL PARK INTERGOVERN11 MENTAL COUNCIL.

12 The Act entitled ‘‘An Act to authorize the establish13 ment of the Voyageurs National Park in the State of Min14 nesota, and for other purposes’’ (16 U.S.C. 160 et seq.)

15 is amended by inserting after section 305 the following

16 new section:

17 ‘‘SEC. 306. VOYAGEURS NATIONAL PARK INTERGOVERN18 MENTAL COUNCIL.

19 ‘‘(a) ESTABLISHMENT.—

20 ‘‘(1) MEMBERSHIP.—There is hereby estab21 lished the Voyageurs National Park Intergovern22 mental Council (hereafter in this section referred to

23 as the ‘‘Council’’). The Council shall be composed of

24 13 members, as follows:
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1 ‘‘(A) The Assistant Secretary for Fish and

2 Wildlife and Parks, ex officio, or his designee.

3 ‘‘(B) Three individuals, appointed by the

4 Secretary after consideration of recommenda5 tions by the Governor, to represent the Min6 nesota Department of Natural Resources, the

7 Minnesota Environmental Quality Board, and

8 the Minnesota Office of Tourism.

9 ‘‘(C) Four individuals, appointed by the

10 Secretary to represent the national interest of

11 the park.

12 ‘‘(D) The Chair of the St. Louis County

13 Commissioners, or the designee of the Chair, ex

14 officio.

15 ‘‘(E) The Chair of the Koochiching County

16 Commissioners, or the designee of the Chair, ex

17 officio.

18 ‘‘(F) One State Senator, chosen by the

19 Governor, who represents the area in which the

20 park is located, or the designee of the State

21 Senator, ex officio.

22 ‘‘(G) One State Representative, chosen by

23 the Governor, who represents the area in which

24 the park is located, or the designee of the State

25 Representative, ex officio.
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1 ‘‘(H) One member of the Native American

2 community to represent the 1854 Treaty Au3 thority, appointed by the Secretary.

4 ‘‘(2) TERMS.—A member of the Council ap5 pointed under paragraph (1), other than ex officio

6 members, shall be appointed for a term of four

7 years. Any member of the Council appointed for a

8 definite term may serve after the expiration of his

9 term until his successor is appointed.

10 ‘‘(3) COMPENSATION.—Members of the Council

11 who are not employed by the Federal Government

12 shall serve without pay. While away from their

13 homes or regular places of business in the perform14 ance of services of the Council, members of the

15 Council shall be allowed travel expenses, including

16 per diem in lieu of subsistence, in the same manner

17 as persons employed intermittently in Federal Gov18 ernment service are allowed expenses under section

19 5703 of title 5, United States Code.

20 ‘‘(b) PROVISIONS RELATING TO THE CONDUCT OF

21 COUNCIL BUSINESS.—

22 ‘‘(1) QUORUM.—A majority of the members of

23 the Council shall constitute a quorum.
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1 ‘‘(2) CHAIRPERSON.—The members of the

2 Council shall elect a chairperson of the Council from

3 among the members of the Council.

4 ‘‘(3) VACANCY.—Any vacancy in the Council

5 shall be filled in the same manner in which the origi6 nal appointment was made.

7 ‘‘(4) MEETINGS.—The Council shall meet at

8 the call of the chairperson or a majority of the mem9 bers.

10 ‘‘(5) STAFF.—The Secretary shall provide the

11 Council with such staff and technical assistance as

12 the Secretary, after consultation with the Council,

13 considers appropriate to enable the Council to carry

14 out its duties. Upon request of the Secretary, any

15 Federal agency may provide information, personnel,

16 property, and services, on a reimbursable basis, to

17 the Council to assist in carrying out its duties under

18 this section. The Secretary may accept the services

19 of personnel detailed from the State of Minnesota or

20 any political subdivision of the State and may reim21 burse the State or such political subdivision for such

22 services.

23 ‘‘(6) PROCEDURAL MATTERS.—
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1 ‘‘(A) FACA.—The Federal Advisory Com2 mittee Act (5 U.S.C. App.) shall not apply to

3 the Council.

4 ‘‘(B) GUIDELINES FOR CONDUCT OF BUSI5 NESS.—The following guidelines apply with re6 spect to the conduct of business at meetings of

7 the Council:

8 ‘‘(i) Each regular meeting and each

9 emergency meeting shall be open to the

10 public.

11 ‘‘(ii) Emergency meetings shall be

12 held at the call of the chair or equivalent

13 presiding officer.

14 ‘‘(iii) Timely public notice of each reg15 ular meeting and each emergency meeting,

16 including the time, place, and agenda of

17 the meeting, shall be published in local

18 newspapers and such notice may be given

19 by such other means as will result in wide

20 publicity.

21 ‘‘(iv) Interested persons shall be per22 mitted to present oral or written state23 ments regarding the matters on the agenda

24 at meetings.
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1 ‘‘(v) Minutes of each meeting shall be

2 kept and shall contain a record of the per3 sons present, an accurate description of

4 matters discussed and conclusions reached,

5 and copies of all statements filed.

6 ‘‘(vi) The administrative record, in7 cluding minutes required under clause (v),

8 of each meeting, and records or other doc9 uments which were made available to or

10 prepared for or by the Council incident to

11 the meeting, shall be available for public

12 inspection and copying at a single location

13 in the offices of the Council.

14 ‘‘(C) NEW INFORMATION.—At any time

15 when the Council determines it appropriate to

16 consider new information from a State or Fed17 eral agency or from a Council advisory body,

18 the Council shall give comparable consideration

19 to new information offered at that time by in20 terested members of the public. Interested par21 ties shall have a reasonable opportunity to re22 spond to new data or information before the

23 Council takes final action on management

24 measures.
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1 ‘‘(c) FUNCTIONS.—The Council shall, in accordance

2 with the provisions of this Act—

3 ‘‘(1) prepare and submit to the Secretary com4 prehensive draft amendments to the management

5 plan and, from time to time, such amendments to

6 the plan as are necessary, which provides for as

7 broad a range of sustainable land and water uses

8 and scenic and recreational activities as are compat9 ible with the laws and regulations governing Voya10 geurs National Park and other local, State, or Fed11 eral public lands;

12 ‘‘(2) analyze the economic and environmental

13 costs and benefits of implementing sustainable prac14 tices for Voyageurs National Park;

15 ‘‘(3) conduct public hearings, at appropriate

16 times and in appropriate locations, so as to allow all

17 interested persons an opportunity to be heard in the

18 development of amendments to the plan, and with

19 respect to the administration and implementation of

20 the provisions of this Act;

21 ‘‘(4) after considering public comment and com22 ment from the Secretary, prepare and submit to the

23 Secretary proposed revisions to the draft manage24 ment plan;
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1 ‘‘(5) establish an ongoing process of review and

2 evaluation of local, State, and Federal actions,

3 plans, ordinances, regulations, laws, and land use

4 decisions for the purpose of assessing their effect on

5 the long-term sustainability of the economic and en6 vironmental values and resources of the region;

7 ‘‘(6) submit to the Secretary such periodic re8 ports as the Council deems appropriate, and any

9 other relevant report which may be requested by the

10 Secretary; and

11 ‘‘(7) conduct other activities which are required

12 by, or provided for in, this Act or which are nec13 essary and appropriate to the functions specified in

14 paragraphs (1) through (6).

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary to carry out this section.’’.

18 SEC. 103. REVISION OF VOYAGEURS NATIONAL PARK MAN19 AGEMENT PLAN.

20 (a) MANAGEMENT PLAN.—Section 303 of the Act en21 titled ‘‘An Act to authorize the establishment of the Voya22 geurs National Park in the State of Minnesota, and for

23 other purposes’’ (16 U.S.C. 160h) is amended—

24 (1) by inserting ‘‘(a)’’ after ‘‘303.’’; and

25 (2) by adding at the end the following:
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1 ‘‘(b)(1) The Secretary shall prepare in accordance

2 with this section and implement amendments to the man3 agement plan for the park. Where appropriate, such

4 amendments shall provide for recreational opportunities,

5 including (but not limited to) access and use of boats, air6 craft, snowmobiles, hiking, and skiing within the park.

7 ‘‘(2)(A) The Secretary shall receive the draft amend8 ments to the management plan prepared and submitted

9 by the Voyageurs National Park Intergovernmental Coun10 cil under section 306(c)(1), together with public comments

11 on the draft amendments, and shall review and, if nec12 essary, submit to the Council such recommendations as

13 the Secretary determines appropriate for revising the draft

14 amendments.

15 ‘‘(B) The Secretary shall resubmit revised draft

16 amendments prepared and submitted by the Council under

17 section 306(c)(1).

18 ‘‘(C) If the Secretary determines that the revised

19 amendments to the management plan are not inconsistent

20 with other provisions of this Act or applicable laws, trea21 ties, executive orders, and that the revised amendments

22 to the management plan are in the public interest, the Sec23 retary shall adopt the revised amendments to the manage24 ment plan.
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1 ‘‘(3) Notwithstanding paragraph (2), the Secretary,

2 after providing notice to the Council, may make and imple3 ment such amendments to the plan as the Secretary con4 siders necessary or appropriate.

5 ‘‘(c) The management plan of the park may not be

6 changed except in accordance with this section.’’.

7 TITLE II—BOUNDARY WATERS

8 CANOE AREA WILDERNESS

9 SEC. 201. MOTORBOATS IN BOUNDARY WATERS CANOE

10 AREA WILDERNESS.

11 (a) BASSWOOD, SAGANAGA, AND BIRCH LAKES.—

12 Section 4(c) of Public Law 95–495 (92 Stat. 1650) is

13 amended—

14 (1) in paragraph (1)—

15 (A) by striking ‘‘Basswood, except’’ and all

16 that follows through ‘‘Washington Island;’’ and

17 inserting ‘‘Basswood, Lake County;’’;

18 (B) by striking ‘‘, except for that portion

19 west of American Point’’; and

20 (C) by inserting ‘‘Birch, Lake County;’’

21 after ‘‘Moose, Lake County;’’; and

22 (2) by striking paragraph (4).

23 (b) LAC LA CROIX.—Section 4(d) of Public Law 95–

24 495 (92 Stat. 1651) is amended by striking ‘‘that portion

25 of the Lac La Croix, Saint Louis County, south of Snow
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1 Bay and east of Wilkins Bay’’ and inserting ‘‘and Lac la

2 Croix, Saint Louis County’’.

3 (c) SEAGULL LAKE.—Section 4(c) of Public Law 95–

4 495 (92 Stat. 1650) is amended—

5 (1) in paragraph (2), by striking ‘‘, that portion

6 generally east of Threemile Island, Cook County’’;

7 and

8 (2) in paragraph (3), by striking ‘‘Sea Gull,

9 Cook County, that portion generally west of

10 Threemile Island, until January 1, 1999;’’.

11 SEC. 202. GUESTS.

12 The second proviso of section 4(f) of Public Law 95–

13 495 (92 Stat. 1651) is amended—

14 (1) by striking ‘‘homeowners and their guests

15 and resort owners and their guests’’ and inserting in

16 lieu thereof ‘‘homeowners and their day and over17 night guests and resort owners and their day and

18 overnight guests who buy or rent goods and serv19 ices’’; and

20 (2) by inserting ‘‘or chain of lakes’’ after ‘‘shall

21 have access to that particular lake’’.

22 SEC. 203. MOTORIZED PORTAGES.

23 Section 4(g) of Public Law 95–495 (92 Stat. 1651)

24 is amended to read as follows:
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1 ‘‘(g) Nothing in this Act shall be construed to prevent

2 the operation of motorized vehicles and associated equip3 ment which is necessary to assist in the transport of boats

4 across the portages from Moose Lake Chain to Basswood

5 Lake, from Fall Lake to Basswood Lake, and from Lake

6 Vermilion to Trout Lake.’’.

7 SEC. 204. BOUNDARY WATERS CANOE AREA WILDERNESS

8 INTERGOVERNMENTAL COUNCIL.

9 Public Law 95–495 (92 Stat. 1650) is amended by

10 adding at the end the following new section:

11 ‘‘SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS

12 INTERGOVERNMENTAL COUNCIL.

13 ‘‘(a) ESTABLISHMENT.—

14 ‘‘(1) MEMBERSHIP.—There is hereby estab15 lished the Boundary Waters Canoe Area Wilderness

16 Intergovernmental Council (hereafter in this section

17 referred to as the ‘‘Council’’). The Council shall be

18 composed of 15 members, as follows:

19 ‘‘(A) The Under Secretary for Natural Re20 sources and Environment, Department of Agri21 culture, ex officio, or his designee.

22 ‘‘(B) Three individuals, appointed by the

23 Secretary after consideration of recommenda24 tions by the Governor, to represent the Min25 nesota Department of Natural Resources, the
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1 Minnesota Environmental Quality Board, and

2 the Minnesota Office of Tourism.

3 ‘‘(C) Five individuals, appointed by the

4 Secretary to represent the national interest in

5 the wilderness.

6 ‘‘(D) The Chair of the St. Louis County

7 Commissioners, or the designee of the Chair, ex

8 officio.

9 ‘‘(E) The Chair of the Lake County Com10 missioners, or the designee of the Chair, ex

11 officio.

12 ‘‘(F) The Chair of Cook County Commis13 sioners, or the designee of the Chair, ex officio.

14 ‘‘(G) The State Senator, who represents

15 the area in which the wilderness is located, or

16 the designee of the State Senator, ex officio.

17 ‘‘(H) The State Representative, who rep18 resents the area in which the wilderness is lo19 cated, or the designee of the State Representa20 tive, ex officio.

21 ‘‘(I) One member of the Native American

22 community to represent the 1854 Treaty Au23 thority.

24 ‘‘(2) TERMS.—The term of the members ap25 pointed to the Council under paragraph (1), other
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1 than ex officio members, shall be two years. Any

2 member of the Council appointed for a definite term

3 may serve after the expiration of his term until his

4 successor is appointed.

5 ‘‘(3) COMPENSATION.—Members of the Council

6 who are not employed by the Federal Government

7 shall serve without pay. While away from their

8 homes or regular places of business in the perform9 ance of services of the Council, members of the

10 Council shall be allowed travel expenses, including

11 per diem in lieu of subsistence, in the same manner

12 as persons employed intermittently in Federal Gov13 ernment service are allowed expenses under section

14 5703 of title 5, United States Code.

15 ‘‘(b) PROVISIONS RELATING TO THE CONDUCT OF

16 COUNCIL BUSINESS.—

17 ‘‘(1) QUORUM.—A majority of the members of

18 the Council shall constitute a quorum.

19 ‘‘(2) CHAIRPERSON.—The members of the

20 Council shall elect a chairperson of the Council from

21 among the members of the Council.

22 ‘‘(3) VACANCY.—Any vacancy in the Council

23 shall be filled in the same manner in which the origi24 nal appointment was made.
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1 ‘‘(4) MEETINGS.—The Council shall meet at

2 the call of the chairperson or a majority of the mem3 bers.

4 ‘‘(5) STAFF.—The Secretary shall provide the

5 Council with such staff and technical assistance as

6 the Secretary, after consultation with the Council,

7 considers appropriate to enable the Council to carry

8 out its duties. Upon request of the Secretary, any

9 Federal agency may provide information, personnel,

10 property, and services, on a reimbursable basis, to

11 the Council to assist in carrying out its duties under

12 this section. The Secretary may accept the services

13 of personnel detailed from the State of Minnesota or

14 any political subdivision of the State and may reim15 burse the State or such political subdivision for such

16 services.

17 ‘‘(6) PROCEDURAL MATTERS.—

18 ‘‘(A) FACA.—The Federal Advisory Com19 mittee Act (5 U.S.C. App.) shall not apply to

20 the Council.

21 ‘‘(B) GUIDELINES FOR CONDUCT OF BUSI22 NESS.—The following guidelines apply with re23 spect to the conduct of business at meetings of

24 the Council:
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1 ‘‘(i) Each regular meeting and each

2 emergency meeting shall be open to the

3 public.

4 ‘‘(ii) Emergency meetings shall be

5 held at the call of the chair or equivalent

6 presiding officer.

7 ‘‘(iii) Timely public notice of each reg8 ular meeting and each emergency meeting,

9 including the time, place, and agenda of

10 the meeting, shall be published in local

11 newspapers and such notice may be given

12 by such other means as will result in wide

13 publicity.

14 ‘‘(iv) Interested persons shall be per15 mitted to present oral or written state16 ments regarding the matters on the agenda

17 at meetings.

18 ‘‘(v) Minutes of each meeting shall be

19 kept and shall contain a record of the per20 sons present, an accurate description of

21 matters discussed and conclusions reached,

22 and copies of all statements filed.

23 ‘‘(vi) The administrative record, in24 cluding minutes required under clause (v),

25 of each meeting, and records or other doc-
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1 uments which were made available to or

2 prepared for or by the Council incident to

3 the meeting, shall be available for public

4 inspection and copying at a single location

5 in the offices of the Council.

6 ‘‘(C) NEW INFORMATION.—At any time

7 when the Council determines it appropriate to

8 consider new information from a State or Fed9 eral agency or from a Council advisory body,

10 the Council shall give comparable consideration

11 to new information offered at that time by in12 terested members of the public. Interested par13 ties shall have a reasonable opportunity to re14 spond to new data or information before the

15 Council takes final action on management

16 measures.

17 ‘‘(c) FUNCTIONS.—The Council shall, in accordance

18 with the provisions of this Act—

19 ‘‘(1) prepare and submit to the Secretary draft

20 amendments to the management plan and, from

21 time to time, such additional amendments to the

22 plan as are necessary, which provides for as broad

23 a range of sustainable land and water uses and sce24 nic and recreational activities as are compatible with

25 the laws and regulations governing the wilderness
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1 and other local, State, or Federal public lands, as

2 may be decided upon in the plan;

3 ‘‘(2) after considering public comment and com4 ment from the Secretary, prepare and submit to the

5 Secretary revisions of the management plan when

6 appropriate for the purposes of making regularly

7 scheduled management plan revisions under section

8 6 of the Forest and Rangeland Renewable Resources

9 Planning Act of 1974 (16 U.S.C. 1604);

10 ‘‘(3) consult with and provide comments to the

11 Secretary regarding the environmental impact of

12 major Federal actions significantly affecting the

13 quality of the human environment which are pro14 posed by the Secretary;

15 ‘‘(4) analyze the economic and environmental

16 costs and benefits of implementing sustainable prac17 tices for the wilderness;

18 ‘‘(5) conduct public hearings, at appropriate

19 times and in appropriate locations, so as to allow all

20 interested persons an opportunity to be heard in the

21 development of the amendments to and revisions of

22 the management plan, in the development of major

23 Federal actions referred to in paragraph (3), and

24 with respect to the administration and implementa25 tion of the provisions of this Act;
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1 ‘‘(6) establish an ongoing process of review and

2 evaluation of local, State, and Federal actions,

3 plans, ordinances, regulations, laws, and land use

4 decisions for the purpose of assessing their effect on

5 the long-term sustainability of the economic and en6 vironmental values and resources of the region;

7 ‘‘(7) submit to the Secretary such periodic re8 ports as the Council deems appropriate, and any

9 other relevant report which may be requested by the

10 Secretary; and

11 ‘‘(8) conduct other activities which are required

12 by, or provided for in, this Act or which are nec13 essary and appropriate to the functions specified in

14 paragraphs (1) through (7).

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated such sums as may be

17 necessary to carry out this section.’’.

18 SEC. 205. MANAGEMENT PLAN.

19 Public Law 95–495 (92 Stat. 1650), as amended by

20 section 204 of this Act, is further amended by adding at

21 the end the following new section:

22 ‘‘SEC. 23. MANAGEMENT PLAN.

23 ‘‘(a) IN GENERAL.—The provisions of this section

24 shall apply when the Secretary is amending and revising

25 management plans for the wilderness or considering deci-
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1 sions that require public involvement and notification

2 under the National Environmental Policy Act of 1969.

3 ‘‘(b) MANAGEMENT PLAN.—

4 ‘‘(1) RECEIVED FROM COUNCIL.—(A) The Sec5 retary shall receive the draft amendments to the re6 visions of the management plan prepared and sub7 mitted by the Boundary Waters Canoe Area Wilder8 ness Intergovernmental Council under section 22(c),

9 together with public comments on the draft amend10 ments or revisions, and shall review and, if nec11 essary, submit to the Council such recommendations

12 as the Secretary determines appropriate for revising

13 the draft amendments or revisions.

14 ‘‘(B) The Secretary shall resubmit revised

15 drafts prepared and submitted by the Council by

16 reason of subparagraph (A).

17 ‘‘(C) If the Secretary determines that the

18 amendments to or revisions of the management plan

19 are not inconsistent with other provisions of this Act

20 or applicable laws, treaties, executive orders, and

21 that the amended or revised management plan is in

22 the public interest, the Secretary shall adopt the

23 amended or revised management plan.

24 ‘‘(2) PRESERVATION OF SECRETARIAL DISCRE25 TION.—Notwithstanding paragraph (1), the Sec-
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1 retary, after providing notice to the Council, may

2 make and implement such amendments and revi3 sions to the plan as the Secretary considers nec4 essary or appropriate.

5 ‘‘(c) STATUS QUO.—The management plan of the wil6 derness may not be changed except in accordance with this

7 section.’’.

Æ