I
104TH CONGRESS
2D SESSION
H. R. 3297
To provide for improved access to and use of the Boundary Waters Canoe
Area Wilderness, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 23, 1996
Mr. OBERSTAR introduced the following bill; which was referred to the
Committee on 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MOTORBOATS IN BOUNDARY WATERS CANOE
AREA WILDERNESS.
(a) BASSWOOD, SAGANAGA, AND BIRCH LAKES.—
Section 4(c) of Public Law 95–495 (92 Stat. 1650) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘Basswood, except’’ and all
that follows through ‘‘Washington Island;’’ and
inserting ‘‘Basswood, Lake County;’’;
(B) by striking ‘‘, except for that portion
west of American Point’’; and
(C) by inserting ‘‘Birch, Lake County;’’
after ‘‘Moose, Lake County;’’; and
(2) by striking paragraph (4).
(b) LAC LA CROIX.—Section 4(d) of Public Law 95–
495 (92 Stat. 1651) is amended by striking ‘‘that portion
of the Lac La Croix, Saint Louis County, south of Snow
Bay and east of Wilkins Bay’’ and inserting ‘‘and Lac la
Croix, Saint Louis County’’.
(c) SEAGULL LAKE.—Section 4(c) of Public Law 95–
495 (92 Stat. 1650) is amended—
(1) in paragraph (2), by striking ‘‘, that portion
generally east of Threemile Island, Cook County’’;
and
(2) in paragraph (3), by striking ‘‘Sea Gull,
Cook County, that portion generally west of
Threemile Island, until January 1, 1999;’’.
SEC. 2. GUESTS.
The second proviso of section 4(f) of Public Law 95–
495 (92 Stat. 1651) is amended—
(1) by striking ‘‘homeowners and their guests
and resort owners and their guests’’ and inserting in
lieu thereof ‘‘homeowners and resort owners and the
day and overnight guests of homeowners and resort
owners who buy or rent goods and services’’; and
(2) by inserting ‘‘or chain of lakes’’ after ‘‘shall
have access to that particular lake’’.
SEC. 3. MOTORIZED PORTAGES.
Section 4(g) of Public Law 95–495 (92 Stat. 1651)
is amended to read as follows:
‘‘(g) Nothing in this Act shall be construed to prevent
the operation of motorized vehicles and associated equip-
ment which is necessary to assist in the transport of boats
across the portages from Moose Lake Chain to Basswood
Lake, from Fall Lake to Basswood Lake, and from Lake
Vermilion to Trout Lake.’’.
SEC. 4. BOUNDARY WATERS CANOE AREA WILDERNESS
INTERGOVERNMENTAL COUNCIL.
Public Law 95–495 (92 Stat. 1650) is amended by
adding at the end the following new section:
‘‘SEC. 22. BOUNDARY WATERS CANOE AREA WILDERNESS
INTERGOVERNMENTAL COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) MEMBERSHIP.—There is hereby estab-
lished the Boundary Waters Canoe Area Wilderness
Intergovernmental Council (hereafter in this section
referred to as the ‘‘Council’’). The Council shall be
composed of 11 members, as follows:
‘‘(A) The Under Secretary for Natural Re-
sources and Environment, Department of Agri-
culture, ex officio, or his designee.
‘‘(B) Three individuals, appointed by the
Secretary after consideration of recommenda-
tions by the Governor, to represent the Min-
nesota Department of Natural Resources, the
Minnesota Environmental Quality Board, and
the Minnesota Office of Tourism.
‘‘(C) One individual appointed by the Sec-
retary to represent the Minnesota Historical
Society.
‘‘(D) The Chair of the St. Louis County
Commissioners, or the designee of the Chair, ex
officio.
‘‘(E) The Chair of the Lake County Com-
missioners, or the designee of the Chair, ex
officio.
‘‘(F) The Chair of Cook County Commis-
sioners, or the designee of the Chair, ex officio.
‘‘(G) The State Senator, who represents
the area in which the wilderness is located, or
the designee of the State Senator, ex officio.
‘‘(H) The State Representative, who rep-
resents the area in which the wilderness is lo-
cated, or the designee of the State Representa-
tive, ex officio.
‘‘(I) One member of the Native American
community to represent the 1854 Treaty Au-
thority.
‘‘(2) TERMS.—The term of the members ap-
pointed to the Council under paragraph (1), other
than ex officio members, shall be two years. Any
member of the Council appointed for a definite term
may serve after the expiration of his term until his
successor is appointed.
‘‘(3) COMPENSATION.—Members of the Council
who are not employed by the Federal Government
shall serve without pay. While away from their
homes or regular places of business in the perform-
ance of services of the Council, members 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 Gov-
ernment service are allowed expenses under section
5703 of title 5, United States Code.
‘‘(b) PROVISIONS RELATING TO THE CONDUCT OF
COUNCIL BUSINESS.—
‘‘(1) QUORUM.—Eight members of the Council
shall constitute a quorum.
‘‘(2) CHAIRPERSON.—The members of the
Council shall elect a chairperson of the Council from
among the members of the Council.
‘‘(3) VACANCY.—Any vacancy in the Council
shall be filled in the same manner in which the origi-
nal appointment was made.
‘‘(4) MEETINGS.—The Council shall meet at
the call of the chairperson or a majority of the mem-
bers.
‘‘(5) STAFF.—The Secretary shall provide the
Council with such staff and technical assistance as
the Secretary, after consultation with the Council,
considers appropriate to enable the Council to carry
out its duties. Upon request of the Secretary, any
Federal agency may provide information, personnel,
property, and services, on a reimbursable basis, to
the Council to assist in carrying out its duties under
this section. The Secretary may accept the services
of personnel detailed from the State of Minnesota or
any political subdivision of the State and may reim-
burse the State or such political subdivision for such
services.
‘‘(6) PROCEDURAL MATTERS.—
‘‘(A) FACA.—The Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to
the Council.
‘‘(B) GUIDELINES FOR CONDUCT OF BUSI-
NESS.—The following guidelines apply with re-
spect to the conduct of business at meetings of
the Council:
‘‘(i) Each regular meeting and each
emergency meeting shall be open to the
public.
‘‘(ii) Emergency meetings shall be
held at the call of the chair or equivalent
presiding officer.
‘‘(iii) Timely public notice of each reg-
ular meeting and each emergency 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.
‘‘(iv) Interested persons shall be per-
mitted to present oral or written state-
ments regarding the matters on the agenda
at meetings.
‘‘(v) Minutes of each meeting shall be
kept and shall contain a record of the per-
sons present, an accurate description of
matters discussed and conclusions reached,
and copies of all statements filed.
‘‘(vi) The administrative record, in-
cluding minutes required under clause (v),
of each meeting, and records or other doc-
uments which 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
in the offices of the Council.
‘‘(C) NEW
INFORMATION.—At any time
when the Council determines it appropriate to
consider new information from a State or Fed-
eral agency or from a Council advisory body,
the Council shall give comparable consideration
to new information offered at that time by in-
terested members of the public. Interested par-
ties shall have a reasonable opportunity to re-
spond to new data or information before the
Council takes final action on management
measures.
‘‘(c) FUNCTIONS.—The Council shall, in accordance
with the provisions of this Act—
‘‘(1) prepare and submit to the Secretary draft
amendments to the management plan and, from
time to time, such additional amendments to the
plan as are necessary, which provides for as broad
a range of sustainable land and water uses and sce-
nic and recreational activities as are compatible with
the laws and regulations governing the wilderness
and other local, State, or Federal public lands, as
may be decided upon in the plan;
‘‘(2) after considering public comment and com-
ment from the Secretary, prepare and submit to the
Secretary revisions of the management plan when
appropriate for the purposes of making regularly
scheduled management plan revisions under section
6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604);
‘‘(3) consult with and provide comments to the
Secretary regarding the environmental impact of
major Federal actions significantly affecting the
quality of the human environment which are pro-
posed by the Secretary;
‘‘(4) analyze the economic and environmental
costs and benefits of implementing sustainable prac-
tices for the wilderness;
‘‘(5) conduct public hearings, at appropriate
times and in appropriate locations, so as to allow all
interested persons an opportunity to be heard in the
development of the amendments to and revisions of
the management plan, in the development of major
Federal actions referred to in paragraph (3), and
with respect to the administration and implementa-
tion of the provisions of this Act;
‘‘(6) establish an ongoing process of review and
evaluation of local, State, and Federal actions,
plans, ordinances, regulations, laws, and land use
decisions for the purpose of assessing their effect on
the long-term sustainability of the economic and en-
vironmental values and resources of the region;
‘‘(7) submit to the Secretary such periodic re-
ports as the Council deems appropriate, and any
other relevant report which may be requested by the
Secretary; and
‘‘(8) conduct other activities which are required
by, or provided for in, this Act or which are nec-
essary and appropriate to the functions specified in
paragraphs (1) through (7).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.’’.
SEC. 5. MANAGEMENT PLAN.
Public Law 95–495 (92 Stat. 1650), as amended by
section 4 of this Act, is further amended by adding at the
end the following new section:
‘‘SEC. 23. MANAGEMENT PLAN.
‘‘(a) IN GENERAL.—The provisions of this section
shall apply when the Secretary is amending and revising
management plans for the wilderness or considering deci-
sions that require public involvement and notification
under the National Environmental Policy Act of 1969.
‘‘(b) MANAGEMENT PLAN.—
‘‘(1) RECEIVED
FROM
COUNCIL.—The Sec-
retary shall receive the draft amendments to the re-
visions of the management plan prepared and sub-
mitted by the Boundary Waters Canoe Area Wilder-
ness Intergovernmental Council under section 22(c),
together with public comments on the draft amend-
ments or revisions, and shall review and, if nec-
essary, submit to the Council such recommendations
as the Secretary determines appropriate for revising
the draft amendments or revisions.
‘‘(2) REVISIONS.—The Secretary shall accept a
revised drafts prepared and submitted by the Coun-
cil by reason of paragraph (1).
‘‘(3) FINAL PLAN.—
‘‘(A) IN GENERAL.—If the Secretary deter-
mines that the amendments to or revisions of
the management plan are not inconsistent with
other provisions of this Act or applicable laws,
treaties, executive orders, and that the amended
or revised management plan is in the public in-
terest, the Secretary shall adopt the amended
or revised management plan.
‘‘(B) MANAGEMENT PLAN BOARD.—
‘‘(i) If the Secretary decides not to
adopt the revised amendments to the man-
agement plan, the amendments to the
management plan shall be made by the
Secretary in accordance with clause (iii)
pursuant to recommendations made by a
management plan board appointed under
clause (ii).
‘‘(ii) The management plan board
shall consist of three members, appointed
as follows:
‘‘(I) One member appointed by
the Secretary,
‘‘(II) One member appointed by
the Secretary from a list of 5 or more
individuals submitted by the Bound-
ary Waters Canoe Area Wilderness
Intergovernmental Council, by major-
ity vote. The Secretary may request
additional lists.
‘‘(III) One member appointed by
the Secretary from a list of 5 or more
individuals submitted by the two
members appointed under subclauses
(I) and (II). The Secretary may re-
quest additional lists.
Members of a management plan board who
are not employed by the Federal Govern-
ment shall serve without pay. While away
from their homes or regular places of busi-
ness in the performance of services of the
board, members of the board shall be al-
lowed travel expenses, including per diem
in lieu of subsistence, in the same manner
as persons employed intermittently in Fed-
eral Government service are allowed ex-
penses under section 5703 of title 5, Unit-
ed States Code. The Federal Advisory
Committee Act (5 U.S.C. App.) shall not
apply to a management plan board.
‘‘(iii) The management plan board
shall review the revised amendments to the
management plan submitted by the Council
to the Secretary under section 22(c), and
such comments on the revised amendments
and recommendations for such amend-
ments as the Secretary submits to the
board. Following such review, the board
shall submit to the Secretary such amend-
ments as the board finds to be appropriate
under the provisions of this Act. The Sec-
retary shall revise the management plan in
a manner based on the amendments sub-
mitted by the board.
‘‘(4) NOT ACCEPTED.—If the Secretary deter-
mines not to adopt the amendments to or revisions
of the management plan under subparagraph (A),
the Secretary shall notify the Council in writing
within 95 days of the determination and shall make
recommendations for further action by the Council.
No amendment to the management plan shall be im-
plemented by the Secretary until the Secretary com-
plies with paragraphs (1), (2), and (3).
‘‘(5) FAILURE
OF
COUNCIL
TO
ACT.—If the
Council declines to submit to the Secretary a revised
management plan, or amendments to a revised plan,
the Secretary may make such revisions as the Sec-
retary considers necessary or appropriate and imple-
ment the plan.
‘‘(c) MAJOR FEDERAL ACTIONS.—The Secretary
shall seek the comment of the Council when considering
major Federal actions that require public involvement and
notification under the National Environmental Policy Act
of 1969.
‘‘(d) STATUS QUO.—The management plan of the
wilderness may not be changed except in accordance with
this section.’’.
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