§ 546a-1. — Administration and management.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC546a-1]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 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 administer 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 section 546a-4 of this title, 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 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 Hiawatha National Forest
pursuant to section 1604 of this title. 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 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 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 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 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.
(Pub. L. 106-431, Sec. 4, Nov. 6, 2000, 114 Stat. 1906.)
Section Referred to in Other Sections
This section is referred to in sections 546, 546a, 546a-2, 546a-4,
546a-5 of this title.
