16 U.S.C. § 546a — Boundaries

Page 1044 TITLE 16—CONSERVATION § 546 cial records, and other information related to grants and loans made available pursuant to this subsection; and (C) as loans are repaid, make additional grants and loans with the money made avail- able for obligation by such repayments. (Pub. L. 104–333, div. I, title X, § 1023, Nov. 12, 1996, 110 Stat. 4215; Pub. L. 106–176, title I, § 125, Mar. 10, 2000, 114 Stat. 30.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (c)(1)(A), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classi- fied generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. The Endangered Species Act, referred to in subsec. (d)(2)(B), probably means the Endangered Species Act of 1973, Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The National Forest Management Act, referred to in subsec. (d)(2)(B), probably means the National Forest Management Act of 1976, Pub. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521b, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576b, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables. The Oregon Wilderness Act of 1984, referred to in sub- sec. (d)(3)(A), is Pub. L. 98–328, June 26, 1984, 98 Stat. 272, which enacted subchapter C (§ 460oo) of chapter 1 of this title and provisions listed in a table of Wilderness Areas set out under section 1132 of this title. For com- plete classification of this Act to the Code, see Tables. The Federal Power Act, referred to in subsec. (d)(9), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied generally to chapter 12 (§ 791a et seq.) of this title. For complete classification of this Act to the Code, see section 791a of this title and Tables. The Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980, referred to in sub- sec. (f)(2)(A), is Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables. CODIFICATION Section is comprised of section 1023 of Pub. L. 104–333. Subsec. (c)(1)(A) of section 1023 of Pub. L. 104–333 also enacted provisions listed in a table of Wilderness Areas set out under section 1132 of this title. Subsec. (h) of section 1023 of Pub. L. 104–333 amended section 1274 of this title. Provisions substantially identical to the text of this section were enacted by title I of div. B of Pub. L. 104–208, Sept. 30, 1996, 110 Stat. 3009–523, known as the Opal Creek Wilderness and Opal Creek Scenic Recre- ation Area Act of 1996. AMENDMENTS 2000—Subsec. (c)(1)(A). Pub. L. 106–176 struck out ‘‘of 1964’’ after ‘‘Wilderness Act’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. SHORT TITLE Pub. L. 104–208, div. B, title I, § 101, Sept. 30, 1996, 110 Stat. 3009–523, provided that: ‘‘This title [see Codifica- tion note above] may be cited as the ‘Opal Creek Wil- derness and Opal Creek Scenic Recreation Area Act of 1996’.’’ TERMINATION OF ADVISORY COUNCILS Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the Presi- dent or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is oth- erwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 546. Establishment of Saint Helena Island Na- tional Scenic Area, Michigan (a) Purpose The purposes of sections 546 to 546a–5 of this title 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, protec- tion, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vege- tation, and historical and cultural resources of the island. (b) Establishment For the purposes described in subsection (a), there shall be established the Saint Helena Is- land National Scenic Area (in sections 546 to 546a–5 of this title referred to as the ‘‘scenic area’’). (c) Effective upon conveyance Subsection (b) shall be effective upon convey- ance 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 (Pub- lic Law 104–324; 110 Stat. 3948). (Pub. L. 106–431, § 2, Nov. 6, 2000, 114 Stat. 1905.) Editorial Notes REFERENCES IN TEXT Section 1001 of the Coast Guard Authorization Act of 1996, referred to in subsec. (c), is section 1001 of Pub. L. 104–324, title X, Oct. 19, 1996, 110 Stat. 3948, which is not classified to the Code. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–431, § 1, Nov. 6, 2000, 114 Stat. 1905, pro- vided that: ‘‘This Act [enacting sections 546 to 546a–5 of this title] may be cited as the ‘Saint Helena Island Na- tional Scenic Area Act’.’’ § 546a. Boundaries (a) Saint Helena Island The scenic area shall comprise all of Saint Helena Island, in Lake Michigan, Michigan, and Page 1045 TITLE 16—CONSERVATION § 546a–3 all associated rocks, pinnacles, islands, and is- lets within one-eighth mile of the shore of Saint Helena Island. (b) Boundaries of Hiawatha National Forest ex- tended 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 bound- aries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of section 100506 of title 54. (c) Payments to local governments Solely for purposes of payments to local gov- ernments pursuant to section 6902 of title 31, lands acquired by the United States under sec- tions 546 to 546a–5 of this title shall be treated as entitlement lands. (Pub. L. 106–431, § 3, Nov. 6, 2000, 114 Stat. 1905; Pub. L. 113–287, § 5(d)(18), Dec. 19, 2014, 128 Stat. 3266.) Editorial Notes AMENDMENTS 2014—Subsec. (b). Pub. L. 113–287 substituted ‘‘section 100506 of title 54’’ for ‘‘section 460l–9 of this title’’. § 546a–1. Administration and management (a) Administration Subject to valid existing rights, the Secretary of Agriculture (in sections 546 to 546a–5 of this title referred to as the ‘‘Secretary’’) shall ad- minister the scenic area in accordance with the laws, rules, and regulations applicable to the National Forest System in furtherance of the purposes of sections 546 to 546a–5 of this title. (b) Special management requirements Within 3 years of the acquisition of 50 percent of the land authorized for acquisition under sec- tion 546a–4 of this title, the Secretary shall de- velop an amendment to the land and resources management plan for the Hiawatha National Forest which will direct management of the sce- nic area. Such an amendment shall conform to the provisions of sections 546 to 546a–5 of this title. Nothing in sections 546 to 546a–5 of this title shall require the Secretary to revise the land and resource management plan for the Hia- watha National Forest pursuant to section 1604 of this title. In developing a plan for manage- ment of the scenic area, the Secretary shall ad- dress the following special management consid- erations: (1) Public access Alternative means for providing public ac- cess from the mainland to the scenic area shall be considered, including any available existing services and facilities, conces- sionaires, special use permits, or other means of making public access available for the pur- poses of sections 546 to 546a–5 of this title. (2) Roads After November 6, 2000, 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 prac- tices 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 adminis- trative use in furtherance of the purposes of sections 546 to 546a–5 of this title. (5) Fire Wildfires shall be suppressed in a manner consistent with the purposes of sections 546 to 546a–5 of this title, using such means as the Secretary deems appropriate. (6) Insects and disease Insect and disease outbreaks may be con- trolled in the scenic area to maintain scenic quality, prevent tree mortality, or to reduce hazards to visitors. (7) Dockage The Secretary shall provide through conces- sion, permit, or other means docking facilities consistent with the management plan devel- oped 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 Sec- retary shall consult with appropriate State and local government officials, provide for full pub- lic participation, and consider the views of all interested parties, organizations, and individ- uals. (Pub. L. 106–431, § 4, Nov. 6, 2000, 114 Stat. 1906.) § 546a–2. Fish and game Nothing in sections 546 to 546a–5 of this title shall be construed as affecting the jurisdiction or responsibilities of the State of Michigan with respect to fish and wildlife in the scenic area. (Pub. L. 106–431, § 5, Nov. 6, 2000, 114 Stat. 1907.) § 546a–3. 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 exist- ing rights, the Secretary shall not allow any mineral development on federally owned land within the scenic area, except that common va- rieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the Secretary to the extent necessary for con- struction and maintenance of roads and facili- ties within the scenic area. (Pub. L. 106–431, § 6, Nov. 6, 2000, 114 Stat. 1907.)