article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996''. SEC. 2. FINDINGS. Congress finds that-- (1) the Boundary Waters Canoe Area Wilderness, located amidst the scenic splendor of the Minnesota-Ontario border, is and always will be a unique lakeland-based Federal wilderness unit that serves as 1 of the Nation's great natural ecosystems; (2) the Boundary Waters Canoe Area Wilderness is a special wilderness area dedicated to appropriate public access and use through recognized motorized and nonmotorized recreational activities under protections and commitments in the Wilderness Act (16 U.S.C. 1131 et seq.) and Public Law 95-495 (92 Stat. 1649); (3) intergovernmental cooperation that respects and emphasizes the role of State, local, and tribal governments in land management decisionmaking processes is essential to optimize the preservation and development of social, historical, cultural, and recreational resources; and (4) the national interest is served by-- (A) improving the management and protection of the Boundary Waters Canoe Area Wilderness; (B) allowing Federal, State, local, and tribal governments to engage in an innovative management partnership in Federal land management decisionmaking processes; and (C) ensuring adequate public access, enjoyment, and use of the Boundary Waters Canoe Area Wilderness through nonmotorized and limited motorized means. SEC. 3. MANAGEMENT CHANGES. (a) Use of Motorboats.-- (1) Lac la croix.--Section 4(c)(1) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended by inserting ``Lac La Croix, Saint Louis County;'' after ``Saint Louis County;''. (2) Basswood, birch, and saganaga lakes.--Section 4(c) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended-- (A) in paragraph (1)-- (i) by striking ``except that portion generally'' and all that follows through ``Washington Island'' and inserting ``Lake County; Birch, Lake County''; and (ii) by striking ``, except for that portion west of American Point''; and (B) by striking paragraph (4). (3) Sea gull lake.--Section 4(c) of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended-- (A) in paragraph (2), by striking ``that portion generally east of Threemile Island,''; and (B) in paragraph (3), by striking ``Sea Gull, Cook County, that portion generally west of Threemile Island, until January 1, 1999;''. (b) Definition of Guest.--The second proviso of section 4(f) of Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended-- (1) by inserting ``day and overnight'' after ``lake homeowners and their''; (2) by inserting ``who buy or rent goods and services'' after ``resort owners and their guests''; and (3) by inserting ``or chain of lakes'' after ``shall have access to that particular lake''. (c) Motorized Portages.--Section 4 of Public Law 95-495 (92 Stat. 1651; 16 U.S.C. 1132 note) is amended by striking subsection (g) and inserting the following: ``(g) Motorized Portages.--Nothing in this Act shall prevent the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake chain to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake.''. SEC. 4. PLANNING AND MANAGEMENT COUNCIL. Section 4 of Public Law 95-495 (92 Stat. 1650; 16 U.S.C. 1132 note) is amended by adding at the end the following: ``(j) Planning and Management Council.-- ``(1) Establishment.--There is established the Boundary Waters Canoe Area Wilderness Intergovernmental Council (referred to in this Act as the `Council'). ``(2) Duties of the council.--The Council shall develop and monitor a comprehensive management plan for the wilderness in accordance with section 20. ``(3) Membership.--The Council shall be composed of 11 members, appointed by the Secretary, of whom-- ``(A) 1 member shall be the Under Secretary for Natural Resources and Environment of the Department of Agriculture, or a designee; ``(B) 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; ``(C) 1 member shall be a commissioner from each of the counties of Lake, Cook, and Saint Louis from recommendations by each of the county board of commissioners; ``(D) 1 member shall be an elected official from the Northern Counties Land-Use Coordinating Board from recommendations by the Board; ``(E) 1 member shall be the State senator who represents the legislative district that contains a portion of the wilderness; ``(F) 1 member shall be the State representative who represents the legislative district that contains a portion of the wilderness; and ``(G) 1 member shall be an elected official of the Native American community to represent the 1854 Treaty Authority, from recommendations of the Authority. ``(4) Advisory councils.-- ``(A) In general.--The Council may establish 1 or more advisory councils for consultation, including councils consisting of members of conservation, sportsperson, business, professional, civic, and citizen organizations. ``(B) Funding.--An advisory council established under subparagraph (A) may not receive any amounts made available to carry out this Act. ``(5) Quorum.--A majority of the members of the Council shall constitute a quorum. ``(6) Chairperson.-- ``(A) Election.--The members of the Council shall elect a chairperson of the Council from among the members of the Council. ``(B) Terms.--The chairperson shall serve not more than 2 terms of 2 years each. ``(7) Meetings.--The Council shall meet at the call of the chairperson or a majority of the members of the Council. ``(8) Staff and services.-- ``(A) 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. ``(B) Procurement of temporary services.--The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(C) 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. ``(D) 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. ``(E) 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. ``(F) 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. ``(G) Subpoenas.--The Council may not issue a subpoena nor exercise any subpoena authority. ``(9) Procedural matters.-- ``(A) Guidelines for conduct of business.--The following guidelines apply with respect to the conduct of business at meetings of the Council: ``(i) Open meetings.--Each meeting shall be open to the public. ``(ii) 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. ``(iii) Public participation.--Interested persons shall be permitted to give oral or written statements regarding the matters on the agenda at meetings. ``(iv) 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. ``(v) Public inspection of record.--The administrative record, including minutes required under clause (iv), 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. ``(B) New information.--At any time when the Council determines it appropriate to consider new information from a Federal or State 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. ``(10) Compensation.-- ``(A) In general.--A member of the Council who is not an officer or employee of the Federal government shall serve without pay. ``(B) 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. ``(11) Funding.--Of amounts appropriated to the Forest 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. ``(12) Termination of council.--The Council shall terminate on the date that is 10 years after the date of enactment of this subsection.''. SEC. 5. MANAGEMENT PLAN. Section 20 of Public Law 95-495 (92 Stat. 1659; 16 U.S.C. 1132 note) is amended to read as follows: ``SEC. 20. 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 Boundary Waters Canoe Area Wilderness, 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) year-round visitation consistent with the use levels established under this Act, including-- ``(i) reform and simplification of the current day use and overnight use permit system; ``(ii) resolving discrepancies between actual permit use and absences; and ``(iii) defining the need for special permit policies for commercial uses; ``(B) the appropriate distribution of visitors in the wilderness; and ``(C) a comprehensive visitor education program. ``(2) Conditions.--In carrying out subparagraphs (A) through (C) of paragraph (1), the Council shall-- ``(A) be subject to relevant environmental law; ``(B) consult on a regular basis with appropriate officials of each Federal or State agency or local government that has jurisdiction over land or water in the wilderness; ``(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 wilderness designation; ``(B) allowing mining, logging, or commercial or residential development; or ``(C) allowing new types of motorized uses in the wilderness, except as provided in this Act. ``(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 the 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 values described in section 2. ``(f) Forest 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 Boundary Waters Canoe Area Wilderness, except for-- ``(1) regulations required for routine business, such as issuing permits, visitor education, maintenance, 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 wilderness; or ``(3) tax persons, corporations, franchises, or private property on land and water included in the wilderness.''.
summary: Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996 - Modifies certain restrictions on motorboat use on specified lakes within the Boundary Waters Canoe Area Wilderness, Minnesota. Permits the operation of motorized vehicles and associated equipment to assist in the transport of a boat across the portages from the Moose Lake Chain (currently, Sucker Lake) to Basswood Lake, from Fall Lake to Basswood Lake, and from Lake Vermilion to Trout Lake. Establishes the Boundary Waters Canoe Area Wilderness Intergovernmental Council to develop, review, monitor implementation of, and, if necessary, modify a comprehensive management plan for the Wilderness. Prohibits the Council from considering: (1) removing the wilderness designation; (2) allowing mining, logging, or commercial or residential development; or (3) allowing motorized uses not otherwise authorized. Provides for review, recommendations for revisions, and approval or disapproval of such plan by the Secretary of Agriculture. Prohibits the Secretary, pending approval of the plan, from issuing any regulation that relates to the Wilderness, except for: (1) regulations required for routine business, such as issuing permits, visitor education, maintenance, and law enforcement; and (2) emergency regulations.