Title 16, ConservationRelease 119-110

§546a–1 Administration and Management

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

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Agriculture must manage the scenic area like other National Forest lands, while respecting any existing valid rights. Within 3 years after half of the authorized land is acquired, the Secretary must add an amendment to the Hiawatha National Forest land and resource plan to guide how the scenic area is run. The Secretary does not have to do a full, formal plan rewrite under the usual long revision process. The plan must cover public access (including using existing services, concessions, or permits), roads (no new permanent roads after November 6, 2000), vegetation and timber rules (no timber harvest except to fight fire, control insects or disease, protect public safety, or keep trails open; some vegetation work for wildlife and scenery is allowed and cut trees may be removed), motorized travel (not allowed except on the waters of Lake Michigan and for needed administrative use), fire and pest control, docking (provide docks by concession, permit, or other means), and safety. The Secretary must consult state and local officials, allow full public participation, and consider the views of interested people and groups.

Full Legal Text

Title 16, §546a–1

Conservation, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 546a–1

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110