PUBLIC LAW 106–431—NOV. 6, 2000 114 STAT. 1905

Public Law 106–431

106th Congress

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.

16 USC 546a.

16 USC 546.

16 USC 546 note.

Saint Helena

Island National

Scenic Area Act.

Michigan.

Nov. 6, 2000

[H.R. 468]

114 STAT. 1906 PUBLIC LAW 106–431—NOV. 6, 2000

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.

Deadline.

16 USC 546a–1.

PUBLIC LAW 106–431—NOV. 6, 2000 114 STAT. 1907

LEGISLATIVE HISTORY—H.R. 468:

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.

Æ

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).

Approved November 6, 2000.

16 USC 546a–5.

16 USC 546a–4.

16 USC 546a–3.

16 USC 546a–2.