
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460zz-2]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
     SUBCHAPTER CXI--MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
 
         Part A--Mississippi National River and Recreation Area
 
Sec. 460zz-2. Mississippi River Coordinating Commission


(a) Establishment

    There is hereby established a Mississippi River Coordinating 
Commission whose purpose shall be to assist Federal, State, and local 
authorities in the development and implementation of an integrated 
resource management plan for those lands and waters as specified in 
section 460zz-1 of this title. The Commission shall consist of the 
following 22 members appointed by the Secretary of the Interior:
        (1) The Director of the National Park Service, or his designee.
        (2) The Chief of the Corps of Engineers, or his designee.
        (3) The Director of the Fish and Wildlife Service, or his 
    designee.
        (4) Three individuals, from recommendations by the Governor of 
    Minnesota, to represent the Minnesota Department of Natural 
    Resources, Department of Transportation, and Minnesota Environmental 
    Quality Board.
        (5) One individual, to represent the Minnesota Historical 
    Society.
        (6) One individual, to represent the Metropolitan Council of the 
    Twin Cities Area.
        (7) Four elected officials, to represent the cities of Saint 
    Paul and Minneapolis.
        (8) Four elected officials, from recommendations by the Governor 
    of Minnesota, to represent the interests of the other affected 
    municipalities and counties.
        (9) One individual, to represent the Metropolitan Parks and Open 
    Spaces Commission.
        (10) One individual, from recommendations by the Governor of 
    Minnesota, to represent the interests of commercial navigation.
        (11) Four individuals, from recommendations by the Governor of 
    Minnesota, to be chosen from the general public.

(b) Terms

    (1) Except as provided in paragraphs (2) and (3), members (other 
than ex officio members) shall be appointed for terms of three years.
    (2) Of the members first appointed--
        (A) Under paragraph (4) of subsection (a) of this section:
            (i) One shall be appointed for a term of one year.
            (ii) One shall be appointed for a term of two years.

        (B) Under paragraphs (7) and (8) of subsection (a) of this 
    section, one shall be appointed for a term of one year.
        (C) Under paragraph (11) of subsection (a) of this section:
            (i) One shall be appointed for a term of one year.
            (ii) One shall be appointed for a term of two years.
            (iii) One shall be appointed for a term of four years.

    (3) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed shall be 
appointed only for the remainder of such term. A member may serve after 
the expiration of his term until his successor has taken office.

(c) Compensation

    Members of the Commission shall serve without pay. While away from 
their homes or regular places of business in the performance of services 
for the Commission, members of the Commission shall be allowed travel 
expenses, including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in Government service are allowed 
expenses under section 5703 of title 5.

(d) Chairperson

    The Chairperson of the Commission shall be appointed by the 
Secretary from among the members of the Commission nominated by the 
Governor of Minnesota and shall serve for a term of three years.

(e) Quorum

    Twelve members of the Commission shall constitute a quorum.

(f) Meetings

    The Commission shall meet at the call of the Chairman \1\ or a 
majority of its members.
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    \1\ So in original. Probably should be ``Chairperson''.
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(g) Development of policies and programs

    As a coordinator and advisory organization, the Commission shall 
assist the Secretary, the State of Minnesota and local units of 
government, endeavoring to use existing Federal, State, regional, and 
local plans and programs where consistent with the intent and goals of 
this part, in developing the following:
        (1) Policies and programs for the preservation and enhancement 
    of the environmental values of the Area.
        (2) Policies and programs for enhanced public outdoor recreation 
    opportunities in the Area.
        (3) Policies and programs for the conservation and protection of 
    the scenic, historical, cultural, natural and scientific values of 
    the Area.
        (4) Policies and programs for the commercial utilization of the 
    Area and its related natural resources, consistent with the 
    protection of the values for which the Area is established as the 
    Mississippi National River and Recreation Area.

(h) Staff

    The Secretary shall provide the Commission with such staff and 
technical assistance as the Secretary, after consultation with the 
Commission, considers appropriate to enable the Commission 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 Commission to assist in carrying out its duties under this 
part. The Secretary may accept the services of personnel detailed from 
the State of Minnesota or any political subdivision of the State and may 
reimburse the State or such political subdivision for such services. The 
Commission may procure temporary and intermittent services under section 
3109(b) of title 5.

(i) Plan

    Within 3 years after appointment of the full membership of the 
Commission, the Commission shall submit to the Secretary and the 
Governor of Minnesota a comprehensive plan for land and water use 
measures for the area to be developed and implemented by the responsible 
Federal agencies, the State of Minnesota, and local political 
subdivisions. The plan shall endeavor to use existing Federal, State, 
regional, and local plans and where consistent with the intent and goals 
of this part shall coordinate those plans to present a unified 
comprehensive plan for the Area. The plan shall include but not be 
limited to each of the following:
        (1) A program for management of existing and future land and 
    water use which--
            (A) considers and details the application of a variety of 
        land and water protection and management techniques;
            (B) includes a policy statement for the use of Federal, 
        State, and local regulatory responsibilities to manage land and 
        water resources in a manner consistent with the purposes of this 
        part; and
            (C) recognizes existing economic activities within the area 
        \2\ and provides for the management of such activities, 
        including barge transportation and fleeting and those indigenous 
        industries and commercial and residential developments which are 
        consistent with the findings and purposes of this part.
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    \2\ So in original. Probably should be capitalized.

        (2) A program providing for coordinated implementation and 
    administration of the plan with proposed assignment of 
    responsibilities to the appropriate governmental unit at the 
    Federal, State, regional and local levels, including each of the 
    following:
            (A) Ways in which local, regional, State, and Federal 
        policies and permits may better be coordinated to the goals and 
        policies of this part.
            (B) A financial plan to provide and support the public 
        improvements and services recommended in the plan; and a 
        mechanism for coordinating local, regional, State, and Federal 
        planning to promote the purposes of this part.
            (C) How the goals and policies of the management plan will 
        be compatible with the existing channel maintenance program on 
        the Mississippi River, and the existing Federal, State, 
        regional, and local programs and goals on the Minnesota and 
        Saint Croix Rivers.
            (D) The provisions of the Clean Water Act [33 U.S.C. 1251 et 
        seq.] and the Safe Drinking Water Act (title XIV of the Public 
        Health Service Act) [42 U.S.C. 300f et seq.] which pertain to 
        the surface waters of the Mississippi National River and 
        Recreation Area.

        (3) A coordination and consistency component which details the 
    ways in which local, State, and Federal programs and policies may 
    best be coordinated to promote the purposes of this part.
        (4) A program for the coordination and consolidation, to the 
    extent feasible, of permits that may be required by Federal, State, 
    and local agencies having jurisdiction over land and waters within 
    the Area.

(j) Development of plan

    (1) In developing the plan the Commission shall consult on a regular 
basis with appropriate officials of any local government or Federal or 
State agency which has jurisdiction over lands and waters within the 
Area.
    (2) In developing the plan the Commission shall consult with 
interested conservation, business, professional and citizen 
organizations.
    (3) In developing the plan the Commission shall conduct public 
hearings within the Area, and at such other places as may be 
appropriate, for the purposes of providing interested persons with the 
opportunity to testify with respect to matters to be addressed by the 
plan.

(k) Approval of plan

    The Commission shall submit the plan to the Secretary and the 
Governor of Minnesota, for their review. The Governor shall act on the 
plan within 90 days and shall submit the plan to the Secretary along 
with any recommendations. The Secretary shall approve or disapprove the 
plan within 90 days. In reviewing the plan the Secretary shall consider 
each of the following:
        (1) The adequacy of public participation.
        (2) Assurances of plan implementation from State and local 
    officials.
        (3) The adequacy of regulatory and financial tools that are in 
    place to implement the plan.
        (4) Plan provisions for continuing oversight of the plan 
    implementation by the Secretary and the Governor of Minnesota.

If the Secretary disapproves the plan, he shall, within 60 days after 
the date of such disapproval advise the Governor and Commission in 
writing of the reasons therefor, together with his recommendations for 
revision. The Commission shall within 90 days of receipt of such notice 
of disapproval revise and resubmit the plan to the Governor for his 
review. Following his review, the Governor shall submit the revised 
plan, together with any recommendations he may have, to the Secretary 
who shall approve or disapprove the revision within 60 days.

(l) Interim program

    Prior to the adoption of the Commission's plan, the Secretary and 
the Commission shall monitor all land and water use activities within 
the Area to ensure that said activities are in keeping with the purposes 
of this part, and shall advise and cooperate with the appropriate 
Federal, State, and local governmental entities to minimize adverse 
impacts on the values for which the Area is established.

(m) Commission review

    The Commission shall assist the Secretary and the Governor of 
Minnesota in reviewing and monitoring the implementation of the plan by 
Federal, State, and local governmental agencies having jurisdiction in 
the Area. The Commission may, after providing, for public comment and 
subject to the review and approval, as set forth in subsection (k) of 
this section, modify said plan, if the Commission determines that such 
modification is necessary to further the purposes of this part.

(n) Termination of Commission

    The Commission shall terminate on the date 10 years after November 
18, 1988. Following termination of the Commission the State is 
authorized to establish a State Commission which shall exercise the 
functions and authorities described in subsection (m) of this section. 
The Secretary of the Interior and the Secretary of the Army are 
authorized and directed to participate as members of such State 
Commission.

(Pub. L. 100-696, title VII, Sec. 703, Nov. 18, 1988, 102 Stat. 4600; 
Pub. L. 101-40, Sec. 4(2), June 20, 1989, 103 Stat. 82; Pub. L. 102-525, 
title III, Sec. 302, Oct. 26, 1992, 106 Stat. 3441.)

                       References in Text

    The Clean Water Act, referred to in subsec. (i)(2)(D), is act June 
30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 
18, 1972, 86 Stat. 816, also known as the Federal Water Pollution 
Control Act, which is classified generally to chapter 26 (Sec. 1251 et 
seq.) of Title 33, Navigation and Navigable Waters. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1251 of Title 33 and Tables.
    The Safe Drinking Water Act, referred to in subsec. (i)(2)(D), is 
title XIV of act July 1, 1944, as added Pub. L. 93-523, Sec. 2(a), Dec. 
16, 1974, 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 300f et seq.) of chapter 6A of Title 42, The Public 
Health and Welfare. For complete classification of this Act to the Code, 
see Short Title note set out under section 201 of Title 42 and Tables.


                               Amendments

    1992--Subsec. (i). Pub. L. 102-525 substituted ``3 years after 
appointment of the full membership of the Commission'' for ``3 years 
after November 18, 1988''.
    1989--Subsec. (d). Pub. L. 101-40 substituted ``and shall serve'' 
for ``to serve''.

                  Section Referred to in Other Sections

    This section is referred to in sections 460zz-3, 460zz-4, 460zz-5 of 
this title.
