Title 16ConservationRelease 119-73

§546a–1 Administration and management

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 546a–1

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Agriculture must manage the scenic area like other National Forest lands, following the applicable laws and rules and respecting any valid existing rights. Once 50 percent of the land allowed for purchase is acquired, the Secretary has 3 years to write an amendment to the Hiawatha National Forest plan that sets how the scenic area will be run. The Secretary does not have to redo the whole Hiawatha plan under the usual revision process. The management plan must cover public access options from the mainland, and it must follow several rules: no new permanent roads after Nov. 6, 2000; no general timber harvesting except for fire, insect or disease control, public safety, trail access, or habitat and visual-quality work (trees cut for these uses may be removed as allowed); no motorized travel except on Lake Michigan and for needed administrative use; wildfires and pest outbreaks may be controlled in ways that protect the area; docking must be provided by concession, permit, or similar means; and reasonable steps must be taken for public health, safety, and area protection. The Secretary must consult state and local officials, allow full public participation, and consider the views of interested parties.

Full Legal Text

Title 16, §546a–1

Conservation — Source: USLM XML via OLRC

(a)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)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)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)After November 6, 2000, no new permanent roads shall be constructed within the scenic area.
(3)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 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)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)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)The Secretary shall provide through concession, permit, or other means docking facilities consistent with the management plan developed pursuant to this section.
(8)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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 546a–1

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73