Collapse to view only § 460zz-3. Federal lands and developments
- § 460zz. Findings and purposes
- § 460zz-1. Establishment
- § 460zz-2. Mississippi River Coordinating Commission
- § 460zz-3. Federal lands and developments
- § 460zz-4. Administration
- § 460zz-5. State and local assistance and jurisdiction
- § 460zz-6. Authorization of appropriations
§ 460zz. Findings and purposes
(a) Findings
The Congress finds that:
(1) The Mississippi River Corridor within the Saint Paul-Minneapolis Metropolitan Area represents a nationally significant historical, recreational, scenic, cultural, natural, economic, and scientific resource.
(2) There is a national interest in the preservation, protection and enhancement of these resources for the benefit of the people of the United States.
(3) State and local planning efforts along the River Corridor provide a unique foundation for coordinating Federal, State, and local planning and management processes.
(4) Existing Federal agency programs lack sufficient coordination and financial participation with State and local planning and regulatory authorities to provide for adequate and comprehensive resource management and economic development consistent with the protection of the Mississippi River Corridor’s nationally significant resources, and the public use and enjoyment of the area.
(5) The preservation, enhancement, enjoyment, and utilization of the nationally significant resources of the Mississippi River Corridor can be accomplished by a cooperative Federal, State, and local comprehensive planning and management effort.
(b) Purposes
The purposes of this part are:
(1) To protect, preserve and enhance the significant values of the waters and land of the Mississippi River Corridor within the Saint Paul-Minneapolis Metropolitan Area.
(2) To encourage adequate coordination of all governmental programs affecting the land and water resources of the Mississippi River Corridor.
(3) To provide a management framework to assist the State of Minnesota and its units of local government in the development and implementation of integrated resource management programs for the Mississippi River Corridor in order to assure orderly public and private development in the area consistent with the findings of this part.
(Pub. L. 100–696, title VII, § 701, Nov. 18, 1988, 102 Stat. 4599.)
§ 460zz–1. Establishment
(a) In general
(b) Boundaries
(Pub. L. 100–696, title VII, § 702, Nov. 18, 1988, 102 Stat. 4600.)
§ 460zz–2. Mississippi River Coordinating Commission
(a) EstablishmentThere 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):
(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), one shall be appointed for a term of one year.
(C) Under paragraph (11) of subsection (a):
(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
(d) Chairperson
(e) Quorum
(f) Meetings
(g) Development of policies and programsAs 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
(i) PlanWithin 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
2 So in original. Probably should be capitalized.
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.(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 planThe 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
(m) Commission review
(n) Termination of Commission
(Pub. L. 100–696, title VII, § 703, Nov. 18, 1988, 102 Stat. 4600; Pub. L. 101–40, § 4(2), June 20, 1989, 103 Stat. 82; Pub. L. 102–525, title III, § 302, Oct. 26, 1992, 106 Stat. 3441.)
§ 460zz–3. Federal lands and developments
(a) Lands
Notwithstanding any other provision of law, any Federal property located within the boundaries of the Area as identified on the map referred to in section 460zz–1 of this title, is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this part, except as follows:
(1) Facilities and lands administered by the Secretary of the Army through the Corps of Engineers for navigational and flood control purposes may continue to be used by the Secretary of the Army subject to the provisions of subsection (b).
(2) Federal property on which there is located any building or other structure which is in use (as of November 18, 1988) or for which a lease is in effect shall not be transferred under this subsection without the concurrence of the administering agency.
(b) Federal agency activities
(1) In general
(2) Navigation
(A) Nothing in this part shall be deemed to impact or otherwise affect such existing statutory authority as may be vested in the Secretary of the Department in which the Coast Guard is operating or the Secretary of the Army for the maintenance of navigation aids and navigation improvements: Provided, That in exercising such authority the Secretary of the Army, through the Corps of Engineers and the Secretary of the Department in which the Coast Guard is operating, shall not take any action that would have a direct and adverse effect on the values for which the Area is established unless such action is essential for the protection of public health or safety or is necessary for national security or defense.
(B) In planning for the development and public use of the Area, the Secretary shall consult with the Secretary of the Army to assure that public use of adjacent or related water resource developments or flood control projects and that of the Area are compatible.
(Pub. L. 100–696, title VII, § 704, Nov. 18, 1988, 102 Stat. 4604.)
§ 460zz–4. Administration
(a) Authorities
(b) State and local authorities
(c) Land acquisition
Within the boundaries of the Area, the Secretary is authorized, in consultation with the State of Minnesota and the affected local governmental unit, to acquire land and interests therein by donation, purchase with donated or appropriated funds, exchange or transfer, except as provided in paragraphs (1) and (2).
(1) Any lands or interests therein owned by the State of Minnesota or any political subdivision thereof may be acquired only by donation.
(2) Privately owned lands or interests therein may be acquired only with the consent of the owner thereof unless the Secretary makes a determination pursuant to subsection (d)(2). In no event may the Secretary use the authority provided in subsection (d)(3) to acquire land or interests in land without the owner’s consent for any use exercised prior to January 1, 1987, that is consistent with the plan under section 460zz–2 of this title.
(d) Review of local plans
(1) Authority
(2) Purpose
(3) Enforcement
(e) Retention by owner of use and occupancy
(Pub. L. 100–696, title VII, § 705, Nov. 18, 1988, 102 Stat. 4605; Pub. L. 101–40, § 4(1), June 20, 1989, 103 Stat. 82.)
§ 460zz–5. State and local assistance and jurisdiction
(a) Grants
(b) Cooperative agreements
(c) Technical assistance
(d) State and local jurisdiction
(Pub. L. 100–696, title VII, § 706, Nov. 18, 1988, 102 Stat. 4607.)
§ 460zz–6. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this part.
(Pub. L. 100–696, title VII, § 707, Nov. 18, 1988, 102 Stat. 4607.)