---
kind: "range"
citation: "16 U.S.C. §§ 546–546a–5"
title: "16"
from: "546"
to: "546a–5"
count: 7
release: "119-102"
url: "https://uscodex.org/usc/16/546..546a-5"
---

# §546. Establishment of Saint Helena Island National Scenic Area, Michigan

- (a) **Purpose—** The purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title are—
  - (1) to [preserve](/usc/16/410hhh–1.md?p=7) and protect for present and future generations the outstanding [resources](/usc/16/410hhh–1.md?p=8) and values of Saint Helena Island in Lake Michigan, Michigan; and
  - (2) to provide for the [conservation](/usc/16/6456.md?p=2), protection, and enhancement of primitive recreation opportunities, fish and wildlife habitat, vegetation, and historical and cultural [resources](/usc/16/410hhh–1.md?p=8) of the island.
- (b) **Establishment—** For the purposes described in [subsection (a)](#a), there shall be established the Saint Helena Island National [Scenic Area](/usc/16/460ffff.md?p=4) (in [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title referred to as the “[scenic area](/usc/16/460ffff.md?p=4)”).
- (c) **Effective upon conveyance—** [Subsection (b)](#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).

# §546a. Boundaries

- (a) **Saint Helena Island—** The [scenic area](/usc/16/460ffff.md?p=4) 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](/usc/16/460ffff.md?p=4), the boundaries of the Hiawatha [National Forest](/usc/16/5207.md?p=3) shall be extended to include all of the lands within the [scenic area](/usc/16/460ffff.md?p=4). All such extended boundaries shall be deemed boundaries in existence as of January 1, 1965, for the purposes of [section 100506 of title 54](/usc/54/100506.md).
- (c) **Payments to local governments—** Solely for purposes of payments to local governments pursuant to [section 6902 of title 31](/usc/31/6902.md), lands acquired by the United States under [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title shall be treated as entitlement lands.

# §546a–1. Administration and management

- (a) **Administration—** Subject to valid existing rights, the [Secretary](/usc/16/410r–5.md?p=c-1) of Agriculture (in [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title referred to as the “[Secretary](/usc/16/410r–5.md?p=c-1)”) shall administer the [scenic area](/usc/16/460ffff.md?p=4) in accordance with the laws, rules, and regulations applicable to the [National Forest](/usc/16/5207.md?p=3) [System](/usc/16/668ee.md?p=14) in furtherance of the purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title.
- (b) **Special management requirements—** Within 3 years of the [acquisition](/usc/16/620e.md?p=1) of 50 percent of the land authorized for [acquisition](/usc/16/620e.md?p=1) under [section 546a–4 of this title](/usc/16/546a–4.md), the [Secretary](/usc/16/410r–5.md?p=c-1) shall develop an amendment to the land and [resources](/usc/16/410hhh–1.md?p=8) [management plan](/usc/16/460mmm–1.md?p=3) for the Hiawatha [National Forest](/usc/16/5207.md?p=3) which will direct management of the [scenic area](/usc/16/460ffff.md?p=4). Such an amendment shall conform to the provisions of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title. Nothing in [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title shall require the [Secretary](/usc/16/410r–5.md?p=c-1) to revise the [land and resource management plan](/usc/16/6592c.md?p=a-4) for the Hiawatha [National Forest](/usc/16/5207.md?p=3) pursuant to [section 1604 of this title](/usc/16/1604.md). In developing a plan for management of the [scenic area](/usc/16/460ffff.md?p=4), the [Secretary](/usc/16/410r–5.md?p=c-1) shall address the following special management considerations:
  - (1) **Public access—** Alternative means for providing public access from the mainland to the [scenic area](/usc/16/460ffff.md?p=4) shall be considered, including any available existing services and facilities, concessionaires, [special use permits](/usc/16/539m–1.md?p=13), or other means of making public access available for the purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title.
  - (2) **Roads—** After November 6, 2000, no new permanent roads shall be constructed within the [scenic area](/usc/16/460ffff.md?p=4).
  - (3) **Vegetation management—** No timber harvest shall be allowed within the [scenic area](/usc/16/460ffff.md?p=4), 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/460ffff.md?p=4) as authorized by the [Secretary](/usc/16/410r–5.md?p=c-1).
  - (4) **Motorized travel—** Motorized travel shall not be permitted within the [scenic area](/usc/16/460ffff.md?p=4), except on the waters of Lake Michigan, and as necessary for administrative use in furtherance of the purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title.
  - (5) **Fire—** Wildfires shall be suppressed in a manner consistent with the purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title, using such means as the [Secretary](/usc/16/410r–5.md?p=c-1) deems appropriate.
  - (6) **Insects and disease—** Insect and disease outbreaks may be controlled in the [scenic area](/usc/16/460ffff.md?p=4) to maintain scenic quality, prevent tree mortality, or to reduce hazards to visitors.
  - (7) **Dockage—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall provide through concession, permit, or other means docking facilities consistent with the [management plan](/usc/16/460mmm–1.md?p=3) developed pursuant to this section.
  - (8) **Safety—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall take reasonable actions to provide for public health and safety and for the protection of the [scenic area](/usc/16/460ffff.md?p=4) in the event of fire or infestation of insects or disease.
- (c) **Consultation—** In preparing the [management plan](/usc/16/460mmm–1.md?p=3), the [Secretary](/usc/16/410r–5.md?p=c-1) shall consult with appropriate [State](/usc/16/6456.md?p=2) and local government officials, provide for full public participation, and consider the views of all interested parties, organizations, and individuals.

# §546a–2. Fish and game


Nothing in [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title shall be construed as affecting the jurisdiction or responsibilities of the [State](/usc/16/6456.md?p=2) of Michigan with respect to fish and wildlife in the [scenic area](/usc/16/460ffff.md?p=4).


# §546a–3. Minerals


Subject to valid existing rights, the lands within the [scenic area](/usc/16/460ffff.md?p=4) 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](/usc/16/410r–5.md?p=c-1) shall not allow any mineral development on federally owned land within the [scenic area](/usc/16/460ffff.md?p=4), except that common varieties of mineral materials, such as stone and gravel, may be utilized only as authorized by the [Secretary](/usc/16/410r–5.md?p=c-1) to the extent necessary for construction and maintenance of roads and facilities within the [scenic area](/usc/16/460ffff.md?p=4).


# §546a–4. Acquisition

- (a) **Acquisition of lands within the scenic area—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall [acquire](/usc/16/620e.md?p=1), 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](/usc/16/460ffff.md?p=4) to further the purposes of [sections 546 to 546a–5](/usc/16/546..546a–5.md) of this title.
- (b) **Acquisition of other lands—** The [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1), 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](/usc/16/460ffff.md?p=4).

# §546a–5. Authorization of appropriations

- (a) **Acquisition of lands—** There are hereby authorized to be appropriated such sums as may be necessary for the [acquisition](/usc/16/620e.md?p=1) of land, interests in land, or structures within the [scenic area](/usc/16/460ffff.md?p=4) and on the mainland as provided in [section 546a–4 of this title](/usc/16/546a–4.md).
- (b) **Other purposes—** In [addition](/usc/16/410r–5.md?p=c-2) to the amounts authorized to be appropriated under [subsection (a)](#a), there are authorized to be appropriated such sums as may be necessary for the development and implementation of the [management plan](/usc/16/460mmm–1.md?p=3) under [section 546a–1(b) of this title](/usc/16/546a–1.md?p=b).