[Congressional Record Volume 146, Number 123 (Thursday, October 5, 2000)]
[Senate]
[Pages S9980-S9981]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              SAINT HELENA ISLAND NATIONAL SCENIC AREA ACT

  The Senate proceeded to consider the bill (H.R. 468) to establish the 
Saint Helena Island National Scenic Area which had been reported from 
the Committee on Energy and Natural Resources, with an amendment as 
follows:
  (Omit the part in black brackets and insert the part printed in 
italic)

                                H.R. 468

       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''.

[[Page S9981]]

     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.--[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.] 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).
  The committee amendment was agreed to.
  The bill (H.R. 468), as amended, was read the third time and passed.

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