106TH CONGRESS
1ST SESSION
H. R. 468
AN ACT
To establish the Saint Helena Island National
Scenic Area.
106TH CONGRESS
1ST SESSION
H. R. 468
AN ACT
To establish the Saint Helena Island National Scenic Area.
Be it enacted by the Senate and House of Representa-
tives 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 NA-
TIONAL SCENIC AREA, MICHIGAN.
(a) PURPOSE.—The purposes of this Act are—
(1) to preserve and protect for present and fu-
ture generations the outstanding resources and val-
ues of Saint Helena Island in Lake Michigan, Michi-
gan; and
(2) to provide for the conservation, protection,
and enhancement of primitive recreation opportuni-
ties, fish and wildlife habitat, vegetation, and histor-
ical 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 Light-
house 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 ex-
tended 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 ac-
quired 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 pur-
poses of this Act.
(b) SPECIAL MANAGEMENT REQUIREMENTS.—With-
in 3 years of the date of the enactment of this Act, the
Secretary shall seek to develop a management plan for the
scenic area as an amendment to the land and resources
management plan for the Hiawatha National Forest. 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 fol-
lowing special management considerations:
(1) PUBLIC
ACCESS.—Alternative means for
providing public access from the mainland to the
scenic area shall be considered, including any avail-
able 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 con-
structed within the scenic area.
(3) VEGETATION
MANAGEMENT.—No timber
harvest shall be allowed within the scenic area, ex-
cept as may be necessary in the control of fire, in-
sects, 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 vis-
ual quality. Trees cut for these purposes may be uti-
lized, 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 appro-
priate.
(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 devel-
oped pursuant to this section.
(8) SAFETY.—The Secretary shall take reason-
able 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 par-
ticipation, 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 ex-
isting rights, the Secretary shall not allow any mineral de-
velopment 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 ex-
change, not more than 10 acres of land, including any im-
provements 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 au-
thorized to be appropriated such sums as may be nec-
essary 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).
Passed the House of Representatives September 21,
1999.
Attest:
Clerk.