text: 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.''.
target: 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.
feat_title: Boundary Waters Canoe Area Wilderness Accessibility and Partnership Act of 1996