Home > 106th Congressional Public Laws > Pub.L. 106-432 To provide for the conveyance by the Bureau of Land Management to Douglas County, Oregon, of a county park and certain adjacent land. <> ...

Pub.L. 106-432 To provide for the conveyance by the Bureau of Land Management to Douglas County, Oregon, of a county park and certain adjacent land. <> ...


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[[Page 114 STAT. 1905]]

Public Law 106-431
106th Congress

                                 An Act


 
To establish the Saint Helena Island National Scenic Area. <<NOTE: Nov. 
                        6, 2000 -  [H.R. 468]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Saint Helena Island 
National Scenic Area Act. Michigan.>>  assembled,

SECTION 1. SHORT TITLE. <<NOTE: 16 USC 546 note.>> 

    This Act may be cited as the ``Saint Helena Island National Scenic 
Area Act''.

SEC. 2. ESTABLISHMENT <<NOTE: 16 USC 546.>> 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. <<NOTE: 16 USC 546a.>> 

    (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.

[[Page 114 STAT. 1906]]

SEC. 4. ADMINISTRATION AND MANAGEMENT. <<NOTE: 16 USC 546a-1.>> 

    (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) <<NOTE: Deadline.>>  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.

[[Page 114 STAT. 1907]]

SEC. 5. FISH AND GAME. <<NOTE: 16 USC 546a-2.>> 

    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. <<NOTE: 16 USC 546a-3.>> 

    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. <<NOTE: 16 USC 546a-4.>> 

    (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. <<NOTE: 16 USC 546a-5.>> 

    (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.

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.

                                  <all>

Pages: 1

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