View all text of Part A [§ 460zz - § 460zz-6]
§ 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.)