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106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-255

======================================================================



 
              SAINT HELENA ISLAND NATIONAL SCENIC AREA ACT

                                _______
                                

 July 26, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 468]

      [Including Cost Estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 468) to establish the Saint Helena Island National Scenic 
Area, having considered the same, report favorably thereon with 
an amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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, 
                    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.--Within 3 years of the date of 
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. 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 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).

                          PURPOSE OF THE BILL

    The purpose of H.R. 468 is to establish the Saint Helena 
Island National Scenic Area.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1667, a Native American community called the ``New 
Village of Ottawa'' was established in the State of Michigan 
between Pointe La Barbe and Gros Cap on the mainland directly 
north of Saint Helena Island in Lake Michigan. This area is now 
managed as the Hiawatha National Forest by the Secretary of 
Agriculture. Native Americans from the mainland used the Island 
as a special place to visit. There are several Native American 
legends concerning Saint Helena Island, and it was called 
``Mish-aou-o-ning'' meaning beautiful island.
    In 1873, a lighthouse was built and remained in operation 
until the 1920s. In 1988, the Boy Scouts of America began 
restoring the lighthouse, and it is estimated that their 
efforts are 75 percent complete.
    Saint Helena Island in Lake Michigan contains approximately 
240 acres, all in private ownership with the exception of the 
3-plus acres owned by the U.S. Coast Guard which contain the 
lighthouse. The Island is approximately one mile long from 
northwest to southeast, and is about 3/8ths of a mile across at 
its widest point. The owners of this historic island have put 
it up for sale.
    H.R. 468 will authorize the Secretary of Agriculture to 
acquire the Island (excepting the parcel containing the 
lighthouse) and manage it as a designated scenic area within 
the Hiawatha National Forest. The bill would also allow the 
Secretary to acquire up to 10 acres of land, including 
improvements, on the mainland, to provide access and facilities 
for the scenic area. The Secretary would also develop a 
management plan for the area within three years.
    This will preserve and protect for future generations the 
outstanding resources and values of Saint Helena Island and 
provide for the conservation, protection and enhancement of 
primitive recreational opportunities, fish and wildlife 
habitat, vegetation and historical and cultural resources of 
the Island.

                            COMMITTEE ACTION

    H.R. 468 was introduced on February, 2, 1999, by 
Congressman Dale Kildee (D-MI). The bill was referred to the 
Committee on Resources, and within the Committee to both the 
Subcommittee on Forests and Forest Health and the Subcommittee 
on Energy and Minerals. On June 17, 1999, the Subcommittee on 
Forests and Forest Health held a hearing on the bill, where 
Congressman Kildee testified and the U.S. Forest Service was in 
attendance. On June 30, 1999, the Committee on Resources met to 
consider the bill. The Subcommittee on Forests and Forest 
Health and the Subcommittee on Energy and Minerals were 
discharged by unanimous consent from further consideration of 
H.R. 468. Congressman Kildee offered an amendment in the nature 
of a substitute that made technical corrections to the bill. It 
was adopted by voice vote. The bill, as amended, was then 
ordered favorably reported to the House of Representatives by 
voice vote.

            committee oversight findings and recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of Rule XIII of the rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Com-

mittee has received the following cost estimate for this bill 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 14, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 468, the Saint 
Helena Island National Scenic Area Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria Heid 
Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 468--Saint Helena Island National Scenic Area Act

    CBO estimates that implementing H.R. 468 would cost about 
$2 million over the 2000-2004 period, subject to appropriation 
of the estimated amounts. Because the bill would not affect 
direct spending or receipts, pay-as-you-go procedures would not 
apply. H.R. 468 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would have no significant impact on the budgets of state, 
local, or tribal governments.
    H.R. 468 would direct the Secretary of Agriculture to 
acquire almost 240 acres of privately owned land comprising 
most of Saint Helena Island in Lake Michigan to establish the 
Saint Helena Island National Scenic Area. the bill also would 
authorize the Secretary to acquire up to 10 acres of land, 
including improvements, on the mainland to provide access and 
facilities for the proposed scenic area. The acquired land 
would be managed as part of the Hiawatha National Forest. The 
bill would direct the Secretary to develop a management plan 
for the area within three years.
    Based on information from the Forest Service, CBO estimates 
that the agency would spend about $1.5 million to acquire the 
land, plus another $600,000 to establish and manage the scenic 
area, including developing a management plan for the island, 
constructing basic facilities, and surveying the area. Once the 
national scenic area is established, ongoing administrative 
costs would total about $50,000 each year. Spending to 
implement the bill would be subject to appropriation of the 
necessary amounts.
    The CBO staff contact is Victoria Heid Hall. This estimate 
was approved by Robert A. Sunshine, Deputy Assistant Director 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    H.R. 468 provides a wonderful opportunity to protect a 
beautiful island in the Straits of Mackinac in Lake Michigan. 
Owned by willing sellers, St. Helena Island is located 
approximately two miles from the northern shore of Lake 
Michigan with a beautiful view of the Mackinac Bridge. In 
addition, the Island contains a historic lighthouse which is 
listed on the National Register of Historic Places. The two 
acres on which the lighthouse sits, were recently conveyed via 
quitclaim from the Coast Guard to the Great Lakes Lighthouse 
Keepers Association. This bill would authorize purchase of the 
remainder of the island.
    The legislation will authorize the purchase of St. Helena 
Island from the sellers of the Brown and Hammond families. The 
island would become part of the Hiawatha National Forest, whose 
boundary reaches the shoreline to the immediate north of the 
Island. The National Forest Service would then manage the 
island as a national scenic area, and the island would be open 
to the public for recreational use.
    The habitat of the island is ecologically diverse. There 
are over three hundred species of plant life, almost a quarter 
of which are not native to Michigan. Wildlife species include 
red fox, coyote, snowshoe rabbits, and beavers. Furthermore, 
numerous species of birds can be found as well.
    In the 1800's, the island was populated with over 200 
people in a fishing community that also provisioned ship 
traffic passing through the Straits. However, the island 
currently has no population. Today, the island is used, with 
the permission of the owners, for several youth summer 
programs. For example, in 1994 NOAA invited Boy Scott Troop 4 
to present the only fresh water paper at the Third 
International Conference on Marine Debris. This paper was based 
on the troop's effort in cleaning up the island shoreline.
    The local forest service is willing to manage the land, and 
the local taxing authority, Moran Township, has passed a 
resolution in support of the proposal. These entities, in 
conjunction with the Great Lakes Lighthouse Keepers 
Association, will work together to ensure the ultimate success 
of this project. It will provide wonderful recreational 
opportunties for many Michiganians, and it will allow us to 
preserve a small, yet beautiful island.

                                                    Dale E. Kildee.