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H.R. 4690 (eh) Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 2001, and for other purposes. [Engrossed in House] ...


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                                                       Calendar No. 768
106th CONGRESS
  2d Session
                                H. R. 468

                          [Report No. 106-392]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 1999

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
                  by Mr. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.--<DELETED>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. 
</DELETED>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).

            Passed the House of Representatives September 21, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 768

106th CONGRESS

  2d Session

                               H. R. 468

                          [Report No. 106-392]

_______________________________________________________________________

                                 AN ACT

       To establish the Saint Helena Island National Scenic Area.

_______________________________________________________________________

                            August 25, 2000

                       Reported with an amendment

Pages: 1

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