2000
[DOCID: f:h468enr.txt]
H.R.468
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To establish the Saint Helena Island National Scenic Area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Helena Island National Scenic
Area Act''.
SEC. 2. ESTABLISHMENT 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.
(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.
SEC. 4. ADMINISTRATION AND MANAGEMENT.
(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) 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.
SEC. 5. FISH AND GAME.
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.
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.
(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.
(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).
Speaker of the House of Representatives.
Vice President of the United States and
36
President of the Senate.
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