To establish the Grand Island National Recreation Area in the State of Michigan, and for other purposes.
PL 101-292 (H.R.1472), enacted 05/17/1990

PUBLIC LAW 101-292—MAY 17, 1990 
104 STAT. 185 
Public Law 101-292 
101st Congress 
An Act 
To establish the Grand Island National Recreation Area in the State of Michigan, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. ESTABLISHMENT OF GRAND ISLAND NATIONAL RECREATION 
AREA. 
In order to preserve and protect for present and future genera-
tions the outstanding resources and values of Grand Island in Lake 
Superior, Michigan, and for the purposes of providing for the con-
servation, protection, and enhancement of its scenery, recreation, 
fish and wildlife, vegetation and historical and cultural resources, 
there is hereby established the Grand Island National Recreation 
Area (hereafter in this Act referred to as the "national recreation 
area"). These resources and values include, but are not limited to, 
cliffs, caves, beaches, forested appearance, natural biological diver-
sity, £ind features of early settlement. 
SEC. 2. BOUNDARIES. 
The national recreation area shall comprise all of the Grand 
Island in Lake Superior, Michigan, and all associated rocks, pin-
nacles, and islands and islets within one-quarter mile of the shore of 
Grand Island. The boundaries of the Hiawatha National Forest are 
hereby extended to include all of the lands within the national 
recreation area. All such extended boundaries shall be deemed 
boundaries in existence £is of January 1, 1965, for the purposes of 
section 7 of the Land and Water Conservation Fund Act of 1965 (16 
U.S.C. 4601-9). All federally owned lands within the national recre-
ation area on the date of enactment of this Act are hereby compo-
nents of the National Forest System and shall be administered by 
the Secretary of Agriculture as provided in this Act. 
SEC. 3. ADMINISTRATION. 
(a) ADMINISTRATION.—Subject to valid existing rights, the Sec-
retary of Agriculture (hereafter in this Act referred to as the 
"Secretary") shall administer the national recreation area in accord-
ance with the laws, rules, £ind regulations applicable to the National 
Forest System in furtherance of the purposes for which the national 
recreation area was established. 
(b) SPECIAL MANAGEMENT REQUIREMENTS.—The national recre-
ation area also shall be administered according to the following 
special management requirements: 
(1) Subject to such terms and conditions as may be prescribed 
by the Secretary, including the protection of threatened and 
endangered species and the protection of other natural, cul-
tural, and scenic values, owners of privately owned land and 
homes within the national recreation area shall be afforded 
access across National Forest System lands. 
May 17, 1990 
[H.R. 1472] 
Conservation. 
Environmental 
protection. 
Historic 
preservation. 
National parks, 
monuments, etc. 
16 u s e 460aaa. 
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460aaa-l. 
National Forest 
System. 
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460aaa-2. 
104 STAT. 186 
PUBLIC LAW 101-292—MAY 17, 1990 
(2) Consistent with section 7 of this Act, and the purposes of 
this Act, the Secretary shall provide for and maintain tradi-
tional public access, including vehicular roads for general rec-
reational activities such as camping, hiking, hunting, fishing, 
and trapping. 
(3) The Secretary shall permit the use of snowmobiles on 
Federal lands in the national recreation area in accordance 
with the rules and regulations of the National Forest System 
and consistent with the management plan developed pursuant 
to section 7 of this Act. Such use shall be regulated to protect 
the resources of the national recreation area in a way that 
minimizes the degradation of these resources. 
(4) Timber management shall be utilized only as a tool to 
enhance public recreation, scenic quality, game and nongame 
wildlife species, and the protection and enhancement of threat-
ened, endangered, or sensitive species. Trees damaged or 
downed due to fire, insects, disease, or blowdown may be uti-
lized, salvaged, or removed from the recreation area as au-
thorized by the Secretary to further the purposes of the national 
recreation area. 
(5) The Secretary shall, after acquiring fee title to at least 
10,000 acres of land on Grand Island, provide reasonable water 
transportation from the mainland to Grand Island. Transpor-
tation may be provided through concession, permit, or other 
means, and a reasonable charge may be imposed. Transpor-
tation shall be subject to reasonable regulation by the Secretary 
and shall not be required when the Secretary deems it to be 
unsafe because of factors such as weather and water conditions. 
(6) The Secretary shall provide through concession, permit, or 
other means docking and lodge facilities consistent with the 
management plan developed pursuant to section 7 of this Act. 
(7) The Secretary shall take reasonable actions to provide for 
public health and safety and for the protection of the national 
recreation area in the event of fire or infestation of insects or 
disease. 
(8) Under the authority of the Act of March 4, 1915, as 
amended (16 U.S.C. 497), the Secretary shall, as a condition of 
acquisition, issue occupancy and use permits for any privately 
owned home as of the date of Federal acquisition of the land 
within the national recreation area on which the home is 
located. Any such permit shall be issued for an initial period of 
20 years and shall be renewed thereafter for successive 20-year 
periods so long as the permittee is in compliance with the 
purposes of this Act, the terms of the permit, and other ap-
plicable rules and regulations. Any such permit shall be issued 
in accordance with the laws, rules, and regulations of the 
Secretary pertaining to the National Forest System, except that 
such permit shall be subject to the following special provisions: 
(A) Such permit may only be issued to the owner of such 
home as of the date of Federal acquisition of the property, 
such owner's spouse, the children, stepchildren, and grand-
children of such owner and spouse, and their direct lineal 
descendants (natural or adopted offspring). 
(B) Only noncommercial recreation occupancy may be 
permitted. 
(C) The Secretary shall collect fees on an annual basis 
based on the fair market value of the occupancy permitted. 
PUBLIC LAW 101-292—MAY 17, 1990 
104 STAT. 187 
(D) The expansion, remodeling, or reconstruction of such 
homes shall be subject to approval of and regulation by the 
Secretary. No expansion, remodeling, or reconstruction 
may increase the height of structure or result in an in-
crease of more than 25 percent of the sum of the exterior 
dimensions of a structure as it existed on the date of 
enactment of this Act. Any expansion, remodeling, or re-
construction shall be consistent with the criteria developed 
pursuant to section 7(bX4) of this Act and shall be subject to 
such other terms and conditions as the Secretary may 
prescribe. 
(E) Any such home may be purchsised at the fair market 
value of the structure and improvements by the Secretary 
on a willing seller basis. 
(F) The permit may be terminated at any time for failure 
to comply with its terms and conditions and applicable 
regulations without cost to the Federal Government in 
accordance with the permit. 
(G) After termination of any such permit, if any improve-
ments or property are not removed by their owner within 
one year of the termination, they shall become the property 
of the Federal Grovemment. 
(9) Solely for purposes of payments pursuant to section 6904 of 
title 31, United States Code, lands on Grand Island acquired by 
the United States after January 1, 1990 shall be considered to 
have been acquired for addition to a National Forest Wilderness 
Area (national forest portion of the National Wilderness 
Preservation System). 
SEC. 4. ACQUISITION. 
Gifts and 
(a) GENERAL AUTHORITY.—Subject to the provisions of subsection 
jg USC^ 
3(b)(8) and subsection (b) of this section, the Secretary is authorized 460aaa-3. 
and directed to acquire by purchase, gift, exchange, or otherwise, 
lands, waters, structures, or interests therein, including scenic or 
other easements, within the boundaries of the national recreation 
area to further the purposes of this Act: Provided, That the Sec-
retary may not acquire any privately owned lands within the na-
tional recreation area other than with the consent of the owner so 
long as the owner agrees to the restrictions contained in subsection 
(bXl) of this section and grants the Secretary a right of first refusal 
as provided in subsection (bX2) of this section. The Secretary also is 
authorized and directed to acquire lands or structures by such 
means on the mainland to the extent necessary for access to and 
administrative facilities for the national recreation area. In acquir-
ing lands or structures under this subsection, the Secretary is 
directed to give prompt and careful consideration to any offer to sell 
land or structures made by an individual, organization, or any legal 
entity owning property within the boundaries of the national recre-
ation area. 
(b) PRIVATE LANDS.—(1) An owner of unimproved real property 
within the national recreation area may construct recreational 
residences that are architecturally compatible with other structures 
within the national recreation area, as described by the manage-
ment plan developed pursuant to section 7 of this Act. 
(2)^ Any privately owned lands, interests in lands, or structures 
within the national recreation area shall not be disposed of by 
donation, exchange, sale, or other conveyance without first being 
104 STAT. 188 
PUBLIC LAW 101-292—MAY 17, 1990 
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460aaa-4. 
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460aaa-5. 
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460aaa-6. 
offered at no more than fair market value to the Secretary. The 
Secretary shall be given a period of 120 days to accept an offer and, 
after such offer is accepted, a period of 45 days after the end of the 
fiscal year following the fiscal year in which the offer was accepted 
to acquire such lands, interests in lands, or structures. No such 
lands, interests in lands, or structures shall be sold or conveyed at a 
price below the price at which they have been offered for sale to the 
Secretary, and if such lands, interest in lands, or structures are 
reoffered for sale or conveyance they shall first be reoffered to the 
Secretary, except that this subsection shall not apply to a change in 
ownership of a property within the immediate family of the owner 
of record on January 1,1989. For the purposes of this subsection, the 
term "immediate family" means, with respect to any such owner of 
record, the spouse, siblings, children (whether natural or adopted), 
stepchildren, and lineal descendants of that owner. 
SEC. 5. FISH AND GAME. 
(a) IN GENERAL.—Nothing in this Act shall be construed as affect-
ing the responsibilities of the State of Michigan with respect to fish 
and wildlife, including the regulation of hunting, fishing, and trap-
ping in any lands acquired and managed by the Secretary under this 
Act, except that the Secretary may, in consultation with the State of 
Michigan, designate zones where, and establish periods when, no 
hunting, fishing or trapping shall be permitted for reasons of public 
safety, administration, the protection of nongame species and their 
habitats, or public use and enjoyment. 
(b) NOTICE OF SECRETARIAL ACTION.—As soon as practicable after 
each case in which the Secretary exercises authority under subsec-
tion (a), the Secretary, in consultation with appropriate officials of 
the State of Michigan, shall take steps to notify area residents as to 
the nature of actions taken, and the location of zones designated and 
periods established, under subsection (a). 
(c) CONSULTATION.—Except in emergencies, any regulations of the 
Secretary pursuant to this section shall be put into effect after 
consultation with the fish and wildlife agency of the State of 
Michigan. 
SEC. 6. MINERALS. 
Subject to valid existing rights, the lands within the national 
recreation area are hereby withdrawn from location, entry, and 
patent under the United States mining laws and 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 national recreation 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 national recreation area. 
SEC. 7. MANAGEMENT PLAN. 
(a) DEVELOPMENT.—After the Secretary acquires fee title to at 
legist 10,000 acres of land on Grand Island, the Secretary, within 30 
months, shall develop with public involvement a comprehensive 
management plan for the national recreation area which imple-
ments the provisions of this Act. 
'^^^. 
PUBLIC LAW 101-292—MAY 17, 1990 
104 STAT. 189 
(b) SPECIAL ISSUES TO BE INCLUDED.—The comprehensive manage-
ment plan shall include, but not be limited to, the following issues: 
(1) Public recreation, including consideration of a r^nge of 
appropriate recreational opportunities consistent with the 
rustic, natural, and historic character of the island, including, 
but not limited to, a system of trails and campsites in conjunc-
tion with the lodge referred to in pargigraph (2) of this section. 
(2) The feasibility of a concessionaire constructed, operated, 
and maintained rustic lodge and educational facility on no more 
than 55 acres located so as not to impair or alter existing scenic 
views or the existing tree line and forested appearance of Grand 
Island from any point within the boundaries of Pictured Rocks 
National Lakeshore. The plan shall address the economics of 
constructing, operating, and maintaining such a facility by a 
concessionaire or other entity; access by roads and waters; 
utilities; waste water treatment, garbage disposal, and other 
associated environmental impacts; management operations 
including construction, operation and maintenance; and the 
potentisd for permitted uses by government agencies, profit and 
nonprofit organizations, or individuals. 
(3) Prescriptions concerning any management and harvest of 
timber, subject to section 3(bX4) of this Act. 
(4) General design criteria for new facilities or the improve-
ment of existing facilities that are compatible with the rustic, 
naturgd, and historic character of the island and their topo-
graphic and geological location, and that do not impair scenic 
views from the Pictured Rocks National Lakeshore. 
(5) Water transportation from the mainland to the national 
recreation area by a concessionaire or other entity. 
(6) The feasibility of concessionaire constructed, operated, and 
maintained docking facilities in the national recreation area 
and on the mainland. 
(7) An inventory and assessment of existing traditional roads, 
the level of road use, access needs, and any vehicular regulation 
and management needed to protect the resources of the na-
tional recreation area while, at the same time, providing reason-
able access to private property. 
(c) CONSULTATION.—In preparing the comprehensive management 
plan, the Secretary shall consult with the appropriate State and 
local government officials, provide for full public participation, and 
consider the views of all interested parties, organizations, and 
individuals. 
SEC. 8. GRAND ISLAND ADVISORY COMMISSION. 
16 USC 
(a) EJSTABUSHMENT.—Subject to appointments as provided in 
subsection (b), there is established a Grand Island Advisory Commis-
sion (hereafter in this Act referred to as the "Commission") com-
prised of 12 members for the purpose of advising the Secretary on 
the preparation of the management plan which is provided for in 
section 7 of this Act. 
(b) APPOINTMENT.—(1) Commission members shall be appointed by 
the Secretary as follows: 
(A) Three non-voting members, who shall be employees of the 
Forest Service including the Forest Supervisor of the Hiawatha 
National Forest. 
(B) One member who shall be a resident of Munising, Michi-
gan, who is not a Forest Service employee. 
104 STAT. 190 
PUBLIC LAW 101-292—MAY 17, 1990 
(C) Two members who shall be recreational users of Grand 
Island who are not Forest Service employees. 
(D) One member from nominations made by the Alger County 
Board of Commissioners who is a member of such board. 
(E) One member from nominations made by the Alger County 
Economic Development Corporation who is a member of such 
corporation. 
(F) One member from nominations made by the Grand Island 
Association who is a member of such association. 
(G) One member from nominations made by the private land-
owners of Grand Island who is a private landowner on Grand 
Island. 
(H) One member from nominations made by the Grand Island 
Township Board who is a member of such board. 
(I) The Munising city manager, upon accepting the invitation 
of the Secretary. 
(2) Any vacancy shall be filled in the same manner as the original 
appointment. 
(c) QUORUM.—A quorum shall be six members. The operations of 
the Commission shall not be impaired by the fact that a member has 
not been appointed as long as a quorum has been attained. 
(d) PROCEDURES.—The Commission shall elect a Chairman and 
establish such rules and procedures as it deems necessary or 
desirable. 
(e) CONSULTATION.—The Secretary shall consult with the Commis-
sion on a periodic and regular basis with respect to the management 
plan. 
(f) PAY.—(1) Members of the Commission who are not full-time 
officers or employees of the United States shall serve without pay. 
(2) Members of the Commission who are full-time officers or 
employees of the United States shall receive no additional pay by 
reason of their service on the Commission. 
(g) 
PROPOSALS FOR NON-FEDERAL DEVELOPMENT ON FEDERAL 
LAND.—The Commission shall recommend proposals for non-Federal 
development on the 55 acres described in section 7(b)(2) of this Act. 
It shall submit any such proposals to the Secretary for approval, 
rejection, or revision. The Secretary shall include in the manage-
ment plan a development proposal submitted by the Commission or 
arrived at by any other means available to the Secretary. 
(h) TERMINATION.—The Commission shall cease to exist on the 
date upon which the management plan is adopted. 
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) ACQUISITION OF LANDS.—There are hereby authorized to be 
appropriated an amount not to exceed $5,000,000 for the acquisition 
of land, interests in land, or structures within the national recre-
ation area and on the mainland as needed for access and administra-
tive facilities. 
PUBLIC LAW 101-292—MAY 17, 1990 
104 STAT. 191 
(b) OTHER PURPOSES.—In addition to the amounts authorized to be 
appropriated under subsection (a), there are authorized to be appro-
priated not more than $5,000,000 for development to carry out the 
other purposes of this Act. 
Approved May 17, 1990. 
LEGISLATIVE HISTORY—H.R. 1472: 
HOUSE REPORTS: No. 101-78, Pt. 1 (Comm. on Interior and Insular Affairs) and Ft. 2 
(Comm. on Agriculture). 
SENATE REPORTS: No. 101-248^(Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): July 31, considered and passed House. 
Vol. 136 (1990): Mar. 20, considered and passed Senate, amended. 
May 1, House concurred in Senate amendments. 
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