Voyageurs National Park Accessibility and Partnership Act of 1996 - Amends Federal law to establish the Voyageurs National Park Intergovernmental Council, which shall develop and monitor a comprehensive management plan (plan) for the Voyageurs National Park, Minnesota.
Sets forth provisions regarding Council membership and termination, procedural matters, compensation, and funding.
Requires the Council: (1) to submit to the Secretary of the Interior and the Governor of Minnesota a plan for the park (to be developed and implemented by the responsible Federal agencies, the State of Minnesota, and local political subdivisions) and to submit a preliminary report to the Secretary; and (2) in developing the plan, to examine all relevant issues, including appropriate public access and recreational use, the proper distribution of visitors in the park, a comprehensive visitor education program, and the need for wilderness management for certain park areas. Bars the Council from considering removing park designation or allowing mining, logging, or commercial or residential development.
Directs the Council to: (1) report to the International Joint Commission on water levels in the Rainy Lake Watershed; (2) submit the plan to the Secretary and Governor for review (and requires the Secretary to approve or disapprove the plan within 90 days); (3) review and monitor the implementation of the plan (and authorizes the Council, after public comment and approval by the Secretary, to modify the plan if the Council and the Secretary determine that the modification is necessary); and (4) advise and cooperate with appropriate Federal, State, local, and tribal governmental entities, before the approval of the plan, to minimize adverse impacts on the park.
Bars the Secretary, from the date of enactment through the date a management plan is approved, from issuing regulations relating to the park, except for regulations required for routine business and emergency regulations.
[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1805 Introduced in Senate (IS)]
104th CONGRESS
2d Session
S. 1805
To provide for the management of Voyageurs National Park, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 1996
Mr. Grams introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the management of Voyageurs National Park, and for other
purposes.
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 ``Voyageurs National Park
Accessibility and Partnership Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Voyageurs National Park serves as a unique Federal park
unit in one of the Nation's distinguished natural ecosystems;
(2) Voyageurs National Park shall serve as a year-round
multiple-use recreational unit as mandated under Public Law 91-
661;
(3) current management of Voyageurs National Park has
unilaterally restricted use and accessibility within certain
portions of the park;
(4) intergovernmental cooperation that respects and
emphasizes the role of State, local, and tribal governments in
land management decision-making processes is essential to
optimize the protection and development of social, historical,
cultural, and recreational resources; and
(5) the national interest is served by--
(A) improving the management and protection of
Voyageurs National Park;
(B) ensuring appropriate public access, enjoyment,
and use throughout Voyageurs National Park; and
(C) allowing Federal, State, local, and tribal
governments to engage in an innovative management
partnership in Federal land management decisionmaking
processes.
SEC. 3. PLANNING AND MANAGEMENT COUNCIL.
Public Law 91-661 (16 U.S.C. 160 et seq.) is amended--
(1) by redesignating sections 304 and 305 (16 U.S.C. 160i
and 160j) as sections 306 and 307, respectively; and
(2) by inserting after section 303 (16 U.S.C. 160h) the
following:
``SEC. 304. PLANNING AND MANAGEMENT COUNCIL.
``(a) Establishment.--There is established the Voyageurs National
Park Intergovernmental Council (referred to in this Act as the
`Council').
``(b) Duties of the Council.--The Council shall develop and monitor
a comprehensive management plan for the park in accordance with section
305.
``(c) Membership.--The Council shall be composed of 11 members,
appointed by the Secretary, of whom--
``(1) 1 member shall be the Assistant Secretary for Fish
and Wildlife and Parks, or a designee;
``(2) 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;
``(3) 1 member shall be a commissioner from each of the
counties of Koochiching and Saint Louis, appointed from
recommendations by each of the county boards of commissioners;
``(4) 1 member shall be a representative from the cities of
International Falls and Orr, appointed from recommendations by
each of the city councils;
``(5) 1 member shall be a State senator who represents a
legislative district that contains a portion of the park,
appointed from a recommendation by the Governor of Minnesota;
``(6) 1 member shall be a State representative who
represents a legislative district that contains a portion of
the park, appointed from a recommendation by the Governor of
Minnesota;
``(7) 1 member shall be an elected official from the
Northern Counties Land-Use Coordinating Board, appointed from
recommendations by the Board; and
``(8) 1 member shall be an elected official of the Native
American community to represent the 1854 Treaty Authority,
appointed from recommendations by the Authority.
``(d) Advisory Committees.--
``(1) In general.--The Council may establish 1 or more
advisory committees for consultation, including committees
consisting of members of conservation, sportsperson, business,
professional, civic, and citizen organizations.
``(2) Funding.--An advisory committee established under
paragraph (1) may not receive any amounts made available to
carry out this Act.
``(e) Quorum.--A majority of the members of the Council shall
constitute a quorum.
``(f) Chairperson.--
``(1) Election.--The members of the Council shall elect a
chairperson of the Council from among the members of the
Council.
``(2) Terms.--The chairperson shall serve not more than 2
terms of 2 years each.
``(g) Meetings.--The Council shall meet at the call of the
chairperson or a majority of the members of the Council.
``(h) Staff and Services.--
``(1) 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.
``(2) Procurement of temporary services.--The Council may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(3) 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.
``(4) 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.
``(5) 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.
``(6) 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.
``(7) Subpoenas.--The Council may not issue a subpoena nor
exercise any subpoena authority.
``(i) Procedural matters.--
``(1) Guidelines for conduct of business.--The following
guidelines apply with respect to the conduct of business at
meetings of the Council:
``(A) Open meetings.--Each meeting shall be open to
the public.
``(B) 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.
``(C) Public participation.--Interested persons
shall be permitted to give oral or written statements
regarding the matters on the agenda at meetings.
``(D) 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.
``(E) Public inspection of record.--The
administrative record, including minutes required under
subparagraph (D), 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.
``(2) New information.--At any time when the Council
determines it appropriate to consider new information from a
Federal, State, or local 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.
``(j) Compensation.--
``(1) In general.--A member of the Council who is not an
officer or employee of the Federal government shall serve
without pay when carrying out duties pursuant to this Act.
``(2) 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.
``(k) Funding.--Of amounts appropriated to the National Park
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.
``(l) Termination of Council.--The Council shall terminate on the
date that is 10 years after the date of enactment of this subsection.
``SEC. 305. 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 park, 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) appropriate public access and recreational
use, including--
``(i) snowmobiling opportunities;
``(ii) campsites and trails;
``(iii) the management policies of
harvesting fish and wildlife;
``(iv) aircraft access throughout the park;
``(v) policies affecting hiking, bicycling,
snowshoeing, skiing, current watercraft
opportunities, and other recreational
activities the Council considers appropriate
for the park; and
``(vi) visitation and services at the
Kettle Falls facilities;
``(B) the proper distribution of visitors in the
park;
``(C) a comprehensive visitor education program;
and
``(D) the need for wilderness management for
certain areas of the park.
``(2) Conditions.--In carrying out subparagraphs (A)
through (D) of paragraph (1), the Council shall--
``(A) be subject to relevant environmental law;
``(B) consult on a regular basis with appropriate
officials of each international, Federal, or State
agency or local government that has jurisdiction over
land or water in the park;
``(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 park designation; or
``(B) allowing mining, logging, or commercial or
residential development.
``(4) Report.--The Council shall report to the
International Joint Commission on water levels in the Rainy
Lake Watershed, pursuant to the Convention Providing for
Emergency Regulation of the Level of Rainy Lake and of Certain
Other Boundary Waters, signed at Ottawa September 15, 1938 (54
Stat. 1800).
``(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 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 park.
``(f) National Park 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
park, except for--
``(1) regulations required for routine business, such as
maintenance, visitor education, 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 park;
or
``(3) tax persons, corporations, franchises, or private
property on land and water included in the park.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5579-5580)
Read twice and referred to the Committee on Energy and Natural Resources.
Referred to Subcommittee on Parks, Preservation and Recreation.
Subcommittee on Parks, Preservation and Recreation. Hearings held.
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