[106th Congress Public Law 431]
[From the U.S. Government Printing Office]
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[DOCID: f:publ431.106]
[[Page 114 STAT. 1905]]
Public Law 106-431
106th Congress
An Act
To establish the Saint Helena Island National Scenic Area. <<NOTE: Nov.
6, 2000 - [H.R. 468]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Saint Helena Island
National Scenic Area Act. Michigan.>> assembled,
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 546 note.>>
This Act may be cited as the ``Saint Helena Island National Scenic
Area Act''.
SEC. 2. ESTABLISHMENT <<NOTE: 16 USC 546.>> OF SAINT HELENA ISLAND
NATIONAL SCENIC AREA, MICHIGAN.
(a) Purpose.--The purposes of this Act are--
(1) to preserve and protect for present and future
generations the outstanding resources and values of Saint Helena
Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and
enhancement of primitive recreation opportunities, fish and
wildlife habitat, vegetation, and historical and cultural
resources of the island.
(b) Establishment.--For the purposes described in subsection (a),
there shall be established the Saint Helena Island National Scenic Area
(in this Act referred to as the ``scenic area'').
(c) Effective Upon Conveyance.--Subsection (b) shall be effective
upon conveyance of satisfactory title to the United States of the whole
of Saint Helena Island, except that portion conveyed to the Great Lakes
Lighthouse Keepers Association pursuant to section 1001 of the Coast
Guard Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3948).
SEC. 3. BOUNDARIES. <<NOTE: 16 USC 546a.>>
(a) Saint Helena Island.--The scenic area shall comprise all of
Saint Helena Island, in Lake Michigan, Michigan, and all associated
rocks, pinnacles, islands, and islets within one-eighth mile of the
shore of Saint Helena Island.
(b) Boundaries of Hiawatha National Forest Extended.--Upon
establishment of the scenic area, the boundaries of the Hiawatha
National Forest shall be extended to include all of the lands within the
scenic area. All such extended boundaries shall be deemed boundaries in
existence as of January 1, 1965, for the purposes of section 8 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9).
(c) Payments to Local Governments.--Solely for purposes of payments
to local governments pursuant to section 6902 of title 31, United States
Code, lands acquired by the United States under this Act shall be
treated as entitlement lands.
[[Page 114 STAT. 1906]]
SEC. 4. ADMINISTRATION AND MANAGEMENT. <<NOTE: 16 USC 546a-1.>>
(a) Administration.--Subject to valid existing rights, the Secretary
of Agriculture (in this Act referred to as the ``Secretary'') shall
administer the scenic area in accordance with the laws, rules, and
regulations applicable to the National Forest System in furtherance of
the purposes of this Act.
(b) <<NOTE: Deadline.>> Special Management Requirements.--Within 3
years of the acquisition of 50 percent of the land authorized for
acquisition under section 7, the Secretary shall develop an amendment to
the land and resources management plan for the Hiawatha National Forest
which will direct management of the scenic area. Such an amendment shall
conform to the provisions of this Act. Nothing in this Act shall require
the Secretary to revise the land and resource management plan for the
Hiawatha National Forest pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). In
developing a plan for management of the scenic area, the Secretary shall
address the following special management considerations:
(1) Public access.--Alternative means for providing public
access from the mainland to the scenic area shall be considered,
including any available existing services and facilities,
concessionaires, special use permits, or other means of making
public access available for the purposes of this Act.
(2) Roads.--After the date of the enactment of this Act, no
new permanent roads shall be constructed within the scenic area.
(3) Vegetation management.--No timber harvest shall be
allowed within the scenic area, except as may be necessary in
the control of fire, insects, and diseases, and to provide for
public safety and trail access. Notwithstanding the foregoing,
the Secretary may engage in vegetation manipulation practices
for maintenance of wildlife habitat and visual quality. Trees
cut for these purposes may be utilized, salvaged, or removed
from the scenic area as authorized by the Secretary.
(4) Motorized travel.--Motorized travel shall not be
permitted within the scenic area, except on the waters of Lake
Michigan, and as necessary for administrative use in furtherance
of the purposes of this Act.
(5) Fire.--Wildfires shall be suppressed in a manner
consistent with the purposes of this Act, using such means as
the Secretary deems appropriate.
(6) Insects and disease.--Insect and disease outbreaks may
be controlled in the scenic area to maintain scenic quality,
prevent tree mortality, or to reduce hazards to visitors.
(7) Dockage.--The Secretary shall provide through
concession, permit, or other means docking facilities consistent
with the management plan developed pursuant to this section.
(8) Safety.--The Secretary shall take reasonable actions to
provide for public health and safety and for the protection of
the scenic area in the event of fire or infestation of insects
or disease.
(c) Consultation.--In preparing the management plan, the Secretary
shall consult with appropriate State and local government officials,
provide for full public participation, and consider the views of all
interested parties, organizations, and individuals.
[[Page 114 STAT. 1907]]
SEC. 5. FISH AND GAME. <<NOTE: 16 USC 546a-2.>>
Nothing in this Act shall be construed as affecting the jurisdiction
or responsibilities of the State of Michigan with respect to fish and
wildlife in the scenic area.
SEC. 6. MINERALS. <<NOTE: 16 USC 546a-3.>>
Subject to valid existing rights, the lands within the scenic area
are hereby withdrawn from disposition under all laws pertaining to
mineral leasing, including all laws pertaining to geothermal leasing.
Also subject to valid existing rights, the Secretary shall not allow any
mineral development on federally owned land within the scenic area,
except that common varieties of mineral materials, such as stone and
gravel, may be utilized only as authorized by the Secretary to the
extent necessary for construction and maintenance of roads and
facilities within the scenic area.
SEC. 7. ACQUISITION. <<NOTE: 16 USC 546a-4.>>
(a) Acquisition of Lands Within the Scenic Area.--The Secretary
shall acquire, by purchase from willing sellers, gift, or exchange,
lands, waters, structures, or interests therein, including scenic or
other easements, within the boundaries of the scenic area to further the
purposes of this Act.
(b) Acquisition of Other Lands.--The Secretary may acquire, by
purchase from willing sellers, gift, or exchange, not more than 10 acres
of land, including any improvements thereon, on the mainland to provide
access to and administrative facilities for the scenic area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. <<NOTE: 16 USC 546a-5.>>
(a) Acquisition of Lands.--There are hereby authorized to be
appropriated such sums as may be necessary for the acquisition of land,
interests in land, or structures within the scenic area and on the
mainland as provided in section 7.
(b) Other Purposes.--In addition to the amounts authorized to be
appropriated under subsection (a), there are authorized to be
appropriated such sums as may be necessary for the development and
implementation of the management plan under section 4(b).
Approved November 6, 2000.
LEGISLATIVE HISTORY--H.R. 468:
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HOUSE REPORTS: No. 106-255 (Comm. on Resources).
SENATE REPORTS: No. 106-392 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Sept. 21, considered and passed
House.
Vol. 146 (2000):
Oct. 5, considered and passed
Senate, amended.
Oct. 12, House failed to concur in
Senate amendment.
Oct. 24, House concurred in Senate
amendment.
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