[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 468 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 468
To establish the Saint Helena Island National Scenic Area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 2, 1999
Mr. Kildee (for himself and Mr. Stupak) introduced the following bill;
which was referred to the Committee on Resources
_______________________________________________________________________
A BILL
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.
(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 such island.
(b) Establishment.--For the purposes described in subsection (a),
there shall be established the Saint Helena Island National Scenic Area
(hereinafter referred to in this Act 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 to be conveyed to the Great
Lakes Lighthouse Keepers Association pursuant to section 1001 of the
Coast Guard Authorization Act of 1996 (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 (hereafter 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 date of
enactment of this Act, the Secretary shall 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. 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 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 comprehensive 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 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 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, lands or structures
on the mainland to the extent necessary for 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 needed for access and administrative facilities.
(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 development to carry out
the other purposes of this Act.
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