I
104TH CONGRESS
2D SESSION
H. R. 3298
To provide for the establishment of the Voyageurs National Park
Intergovernmental Council, 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 the establishment of the Voyageurs National
Park Intergovernmental Council, 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. SHORT TITLE.
This Act may be cited as the ‘‘Voyageurs National
Park Intergovernmental Council Act of 1996’’.
SEC. 2. FINDINGS AND DECLARATIONS.
The Congress finds and declares that—
(1) intergovernmental cooperation (local, State,
and Federal) is essential to optimize the sustainable
development of natural, cultural, and recreational re-
sources of Voyageurs National Park; and
(2) the national interest is served by—
(A) preserving, protecting, and improving
the long-term perpetuation of such diverse re-
sources for the benefit of the people of the
United States; and
(B) improving the coordination among all
levels of government in the Voyageurs region.
SEC. 
3. 
VOYAGEURS 
NATIONAL 
PARK 
INTERGOVERN-
MENTAL COUNCIL.
The Act entitled ‘‘An Act to authorize the establish-
ment of the Voyageurs National Park in the State of Min-
nesota, and for other purposes’’ (16 U.S.C. 160 et seq.)
is amended by inserting after section 305 the following
new section:
‘‘SEC. 306. VOYAGEURS NATIONAL PARK INTERGOVERN-
MENTAL COUNCIL.
‘‘(a) ESTABLISHMENT.—
‘‘(1) MEMBERSHIP.—There is hereby estab-
lished the Voyageurs National Park Intergovern-
mental Council (hereafter in this section referred to
as the ‘‘Council’’). The Council shall be composed of
11 members, as follows:
‘‘(A) The Assistant Secretary for Fish and
Wildlife and Parks, ex officio, or his designee.
‘‘(B) Four individuals, appointed by the
Secretary after consideration of recommenda-
tions by the Governor, to represent the Min-
nesota Department of Natural Resources, De-
partment of Transportation, the Minnesota En-
vironmental 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 Koochiching County
Commissioners, or the designee of the Chair, ex
officio.
‘‘(F) One State Senator, chosen by the
Governor, who represents the area in which the
park is located, or the designee of the State
Senator, ex officio.
‘‘(G) One State Representative, chosen by
the Governor, who represents the area in which
the park is located, or the designee of the State
Representative, ex officio.
‘‘(H) One member of the Native American
community to represent the 1854 Treaty Au-
thority, appointed by the Secretary.
‘‘(2) TERMS.—A member of the Council ap-
pointed under paragraph (1), other than ex officio
members, shall be appointed for a term of four
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 com-
prehensive draft amendments to the management
plan and, from time to time, such amendments to
the plan as are necessary, which provides for as
broad a range of sustainable land and water uses
and scenic and recreational activities as are compat-
ible with the laws and regulations governing Voya-
geurs National Park and other local, State, or Fed-
eral public lands;
‘‘(2) analyze the economic and environmental
costs and benefits of implementing sustainable prac-
tices for Voyageurs National Park;
‘‘(3) 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 amendments to the plan, and with
respect to the administration and implementation of
the provisions of this Act;
‘‘(4) after considering public comment and com-
ment from the Secretary, prepare and submit to the
Secretary proposed revisions to the draft manage-
ment plan;
‘‘(5) 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;
‘‘(6) 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
‘‘(7) 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 (6).
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this section.’’.
SEC. 4. REVISION OF VOYAGEURS NATIONAL PARK MAN-
AGEMENT PLAN.
(a) MANAGEMENT PLAN.—Section 303 of the Act en-
titled ‘‘An Act to authorize the establishment of the Voya-
geurs National Park in the State of Minnesota, and for
other purposes’’ (16 U.S.C. 160h) is amended—
(1) by inserting ‘‘(a)’’ after ‘‘303.’’; and
(2) by adding at the end the following:
‘‘(b)(1) The Secretary shall prepare in accordance
with this section and implement amendments to the man-
agement plan for the park. Where appropriate, such
amendments shall provide for recreational opportunities,
including (but not limited to) access and use of boats, air-
craft, snowmobiles, hiking, and skiing on all major lakes
and bays within the park.
‘‘(2) The Secretary shall receive the draft amend-
ments to the management plan prepared and submitted
by the Voyageurs National Park Intergovernmental Coun-
cil under section 306(c)(1), together with public comments
on the draft amendments, and shall review and, if nec-
essary, submit to the Council such recommendations as
the Secretary determines appropriate for revising the draft
amendments.
‘‘(3) The Secretary shall receive revised draft amend-
ments prepared and submitted by the Council under sec-
tion 306(c)(1).
‘‘(c)(1) If the Secretary determines that the revised
amendments to the management plan are not inconsistent
with other provisions of this Act or applicable laws, trea-
ties, executive orders, and that the revised amendments
to the management plan are in the public interest, the Sec-
retary shall adopt the revised amendments to the manage-
ment plan.
‘‘(2)(A) If the Secretary decides not to adopt the re-
vised amendments to the management plan, the amend-
ments to the management plan shall be made by the Sec-
retary in accordance with subparagraph (C) pursuant to
recommendations made by a management plan board ap-
pointed under subparagraph (B).
‘‘(B)(i) 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
Voyageurs National Park Intergovernmental Coun-
cil, by majority vote. The Secretary may request ad-
ditional lists.
‘‘(III) One member appointed by the Secretary
from a list of 5 or more individuals submitted by the
2 members appointed under subclauses (I) and (II).
The Secretary may request additional lists.
‘‘(ii) Members of a management plan board who are
not employed by the Federal Government shall serve with-
out pay. While away from their homes or regular places
of business in the performance of services of the board,
members of the board shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in the same man-
ner as persons employed intermittently in Federal Govern-
ment service are allowed expenses under section 5703 of
title 5, United States Code.
‘‘(iii) The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to a management plan board.
‘‘(C) The management plan board shall review the re-
vised amendments to the management plan submitted by
the Council to the Secretary under section 306(c)(1), and
such comments on the revised amendments and rec-
ommendations for such amendments as the Secretary sub-
mits to the board. Following such review, the board shall
submit to the Secretary such amendments as the board
finds to be appropriate under the provisions of this Act.
The Secretary shall revise the management plan in a man-
ner based on the amendments submitted by the board.
‘‘(d) If the Secretary fails to approve or disapprove
revised amendments to the management plan submitted
under this section within 95 days after the date of the
submission of the amendments, no amendment to the plan
shall be implemented by the Secretary until the Secretary
complies with subsections (b) and (c).
‘‘(e) If the Council declines to submit to the Secretary
revised amendments to the management plan, or revisions
of the amendments, the Secretary may make such amend-
ments as the Secretary considers necessary or appropriate
and implement the plan.
‘‘(f) The management plan of the park may not be
changed except in accordance with this section.’’.
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