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(continued)
As a coordinator and advisory organization, the Commission shall
assist the Secretary, the State of Minnesota and local units of
government, endeavoring to use existing Federal, State, regional,
and local plans and programs where consistent with the intent and
goals of this part, in developing the following:
(1) Policies and programs for the preservation and enhancement
of the environmental values of the Area.
(2) Policies and programs for enhanced public outdoor
recreation opportunities in the Area.
(3) Policies and programs for the conservation and protection
of the scenic, historical, cultural, natural and scientific
values of the Area.
(4) Policies and programs for the commercial utilization of the
Area and its related natural resources, consistent with the
protection of the values for which the Area is established as the
Mississippi National River and Recreation Area.
(h) Staff
The Secretary shall provide the Commission with such staff and
technical assistance as the Secretary, after consultation with the
Commission, considers appropriate to enable the Commission to carry
out its duties. Upon request of the Secretary, any Federal agency
may provide information, personnel, property, and services on a
reimbursable basis, to the Commission to assist in carrying out its
duties under this part. The Secretary may accept the services of
personnel detailed from the State of Minnesota or any political
subdivision of the State and may reimburse the State or such
political subdivision for such services. The Commission may procure
temporary and intermittent services under section 3109(b) of title
5.
(i) Plan
Within 3 years after appointment of the full membership of the
Commission, the Commission shall submit to the Secretary and the
Governor of Minnesota a comprehensive plan for land and water use
measures for the area to be developed and implemented by the
responsible Federal agencies, the State of Minnesota, and local
political subdivisions. The plan shall endeavor to use existing
Federal, State, regional, and local plans and where consistent with
the intent and goals of this part shall coordinate those plans to
present a unified comprehensive plan for the Area. The plan shall
include but not be limited to each of the following:
(1) A program for management of existing and future land and
water use which -
(A) considers and details the application of a variety of
land and water protection and management techniques;
(B) includes a policy statement for the use of Federal,
State, and local regulatory responsibilities to manage land and
water resources in a manner consistent with the purposes of
this part; and
(C) recognizes existing economic activities within the area
(!2) and provides for the management of such activities,
including barge transportation and fleeting and those
indigenous industries and commercial and residential
developments which are consistent with the findings and
purposes of this part.


(2) A program providing for coordinated implementation and
administration of the plan with proposed assignment of
responsibilities to the appropriate governmental unit at the
Federal, State, regional and local levels, including each of the
following:
(A) Ways in which local, regional, State, and Federal
policies and permits may better be coordinated to the goals and
policies of this part.
(B) A financial plan to provide and support the public
improvements and services recommended in the plan; and a
mechanism for coordinating local, regional, State, and Federal
planning to promote the purposes of this part.
(C) How the goals and policies of the management plan will be
compatible with the existing channel maintenance program on the
Mississippi River, and the existing Federal, State, regional,
and local programs and goals on the Minnesota and Saint Croix
Rivers.
(D) The provisions of the Clean Water Act [33 U.S.C. 1251 et
seq.] and the Safe Drinking Water Act (title XIV of the Public
Health Service Act) [42 U.S.C. 300f et seq.] which pertain to
the surface waters of the Mississippi National River and
Recreation Area.

(3) A coordination and consistency component which details the
ways in which local, State, and Federal programs and policies may
best be coordinated to promote the purposes of this part.
(4) A program for the coordination and consolidation, to the
extent feasible, of permits that may be required by Federal,
State, and local agencies having jurisdiction over land and
waters within the Area.
(j) Development of plan
(1) In developing the plan the Commission shall consult on a
regular basis with appropriate officials of any local government or
Federal or State agency which has jurisdiction over lands and
waters within the Area.
(2) In developing the plan the Commission shall consult with
interested conservation, business, professional and citizen
organizations.
(3) In developing the plan the Commission shall conduct public
hearings within the Area, and at such other places as may be
appropriate, for the purposes of providing interested persons with
the opportunity to testify with respect to matters to be addressed
by the plan.
(k) Approval of plan
The Commission shall submit the plan to the Secretary and the
Governor of Minnesota, for their review. The Governor shall act on
the plan within 90 days and shall submit the plan to the Secretary
along with any recommendations. The Secretary shall approve or
disapprove the plan within 90 days. In reviewing the plan the
Secretary shall consider each of the following:
(1) The adequacy of public participation.
(2) Assurances of plan implementation from State and local
officials.
(3) The adequacy of regulatory and financial tools that are in
place to implement the plan.
(4) Plan provisions for continuing oversight of the plan
implementation by the Secretary and the Governor of Minnesota.

If the Secretary disapproves the plan, he shall, within 60 days
after the date of such disapproval advise the Governor and
Commission in writing of the reasons therefor, together with his
recommendations for revision. The Commission shall within 90 days
of receipt of such notice of disapproval revise and resubmit the
plan to the Governor for his review. Following his review, the
Governor shall submit the revised plan, together with any
recommendations he may have, to the Secretary who shall approve or
disapprove the revision within 60 days.
(l) Interim program
Prior to the adoption of the Commission's plan, the Secretary and
the Commission shall monitor all land and water use activities
within the Area to ensure that said activities are in keeping with
the purposes of this part, and shall advise and cooperate with the
appropriate Federal, State, and local governmental entities to
minimize adverse impacts on the values for which the Area is
established.
(m) Commission review
The Commission shall assist the Secretary and the Governor of
Minnesota in reviewing and monitoring the implementation of the
plan by Federal, State, and local governmental agencies having
jurisdiction in the Area. The Commission may, after providing, for
public comment and subject to the review and approval, as set forth
in subsection (k) of this section, modify said plan, if the
Commission determines that such modification is necessary to
further the purposes of this part.
(n) Termination of Commission
The Commission shall terminate on the date 10 years after
November 18, 1988. Following termination of the Commission the
State is authorized to establish a State Commission which shall
exercise the functions and authorities described in subsection (m)
of this section. The Secretary of the Interior and the Secretary of
the Army are authorized and directed to participate as members of
such State Commission.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 703, Nov. 18, 1988, 102 Stat.
4600; Pub. L. 101-40, Sec. 4(2), June 20, 1989, 103 Stat. 82; Pub.
L. 102-525, title III, Sec. 302, Oct. 26, 1992, 106 Stat. 3441.)

-REFTEXT-
REFERENCES IN TEXT
The Clean Water Act, referred to in subsec. (i)(2)(D), is act
June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 816, also known as the Federal
Water Pollution Control Act, which is classified generally to
chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and
Navigable Waters. For complete classification of this Act to the
Code, see Short Title note set out under section 1251 of Title 33
and Tables.
The Safe Drinking Water Act, referred to in subsec. (i)(2)(D), is
title XIV of act July 1, 1944, as added Pub. L. 93-523, Sec. 2(a),
Dec. 16, 1974, 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 201 of Title 42 and Tables.


-MISC1-
AMENDMENTS
1992 - Subsec. (i). Pub. L. 102-525 substituted "3 years after
appointment of the full membership of the Commission" for "3 years
after November 18, 1988".
1989 - Subsec. (d). Pub. L. 101-40 substituted "and shall serve"
for "to serve".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460zz-3, 460zz-4, 460zz-5
of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "Chairperson".

(!2) So in original. Probably should be capitalized.


-End-



-CITE-
16 USC Sec. 460zz-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-3. Federal lands and developments

-STATUTE-
(a) Lands
Notwithstanding any other provision of law, any Federal property
located within the boundaries of the Area as identified on the map
referred to in section 460zz-1 of this title, is hereby transferred
without consideration to the administrative jurisdiction of the
Secretary for use by him in implementing the purposes of this part,
except as follows:
(1) Facilities and lands administered by the Secretary of the
Army through the Corps of Engineers for navigational and flood
control purposes may continue to be used by the Secretary of the
Army subject to the provisions of subsection (b) of this section.
(2) Federal property on which there is located any building or
other structure which is in use (as of November 18, 1988) or for
which a lease is in effect shall not be transferred under this
subsection without the concurrence of the administering agency.
(b) Federal agency activities
(1) In general
Before any department, agency, or instrumentality of the United
States issues or approves any license or permit for any facility
or undertaking within the Area and before any such department,
agency, or instrumentality commences any undertaking or provides
any Federal assistance to the State or any local governmental
jurisdiction for any undertaking within the Area, the department,
agency, or instrumentality shall notify the Secretary. The
Secretary shall review the proposed facility or undertaking to
assess its compatibility with the plan approved under section
460zz-2 of this title. The Secretary shall make a determination
with respect to the compatibility or incompatibility of a
proposed facility or undertaking within 60 days of receiving
notice under this subsection. If the Secretary determines that
the proposed facility or undertaking is incompatible with the
plan, he shall immediately notify such Federal department,
agency, or instrumentality and request such department, agency,
or instrumentality to take the actions necessary to conform the
proposed facility or undertaking to the plan. The Federal
department, agency, or instrumentality shall, within 60 days
after receiving the Secretary's request, notify the Secretary of
the specific decisions made in response to the request. To the
extent that such department, agency, or instrumentality does not
then conform such facility or undertaking to the request of the
Secretary, the Secretary is directed to notify the Congress in
writing of the incompatibility of such facility or undertaking
with the plan approved under section 460zz-2 of this title.
(2) Navigation
(A) Nothing in this part shall be deemed to impact or otherwise
affect such existing statutory authority as may be vested in the
Secretary of the Department in which the Coast Guard is operating
or the Secretary of the Army for the maintenance of navigation
aids and navigation improvements: Provided, That in exercising
such authority the Secretary of the Army, through the Corps of
Engineers and the Secretary of the Department in which the Coast
Guard is operating, shall not take any action that would have a
direct and adverse effect on the values for which the Area is
established unless such action is essential for the protection of
public health or safety or is necessary for national security or
defense.
(B) In planning for the development and public use of the Area,
the Secretary shall consult with the Secretary of the Army to
assure that public use of adjacent or related water resource
developments or flood control projects and that of the Area are
compatible.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 704, Nov. 18, 1988, 102 Stat.
4604.)


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.

-End-



-CITE-
16 USC Sec. 460zz-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-4. Administration

-STATUTE-
(a) Authorities
The Secretary shall administer the Area in accordance with this
part. Only those lands within the Area under the direct
jurisdiction of the Secretary shall be administered in accordance
with the provisions of law generally applicable to units of the
National Park System. Other lands and waters within the Area shall
be administered under State and local laws. In the case of any
conflict between the provisions of this part and such generally
applicable provisions of law, the provisions of this part shall
govern.
(b) State and local authorities
The Secretary shall consult and cooperate with the State of
Minnesota and its political subdivisions concerning the development
and management of Federal lands within the Area.
(c) Land acquisition
Within the boundaries of the Area, the Secretary is authorized,
in consultation with the State of Minnesota and the affected local
governmental unit, to acquire land and interests therein by
donation, purchase with donated or appropriated funds, exchange or
transfer, except as provided in paragraphs (1) and (2).
(1) Any lands or interests therein owned by the State of
Minnesota or any political subdivision thereof may be acquired
only by donation.
(2) Privately owned lands or interests therein may be acquired
only with the consent of the owner thereof unless the Secretary
makes a determination pursuant to subsection (d)(2) of this
section. In no event may the Secretary use the authority provided
in subsection (d)(3) of this section to acquire land or interests
in land without the owner's consent for any use exercised prior
to January 1, 1987, that is consistent with the plan under
section 460zz-2 of this title.
(d) Review of local plans
(1) Authority
For the purpose of protecting the integrity of the Area the
Secretary shall cooperate and consult with the State and the
appropriate political subdivisions to review all relevant local
plans, laws and ordinances to determine whether they
substantially conform to the plan approved pursuant to section
460zz-2 of this title. Additionally the Secretary shall in
consultation with the State and its political subdivisions
determine the adequacy of enforcement of such plans, laws, and
ordinances, including review of building permits and zoning
variances granted by local governments, and amendments to local
laws and ordinances. The Secretary shall enter into agreements
with the State or its political subdivisions to provide, on
behalf of the Secretary, professional services necessary for the
review of such local plans, laws, and ordinances, and of
amendments thereto and variances therefrom, and for the
monitoring or the enforcement thereof by local governments having
jurisdiction over any areas to which the management plan applies.
(2) Purpose
The purpose of review under paragraph (1) shall be to determine
the degree to which actions by local governments are compatible
with the purposes of this subchapter. Following the approval of
the plan under section 460zz-2 of this title and after a
reasonable period of time has elapsed, upon a finding by the
Secretary that such plans, laws and ordinances are nonexistent,
are otherwise not in conformance with the plan or are not being
enforced in a manner consistent with the plan, and if the
Secretary determines that there is no feasible alternative
available to prevent uses which would be substantially
incompatible with the plan, the Secretary may exercise the
authority available to him under the provisions of paragraph (3).
(3) Enforcement
In those sections of the Area where local plans, laws and
ordinances, or amendments thereto or variances therefrom are
found by the Secretary not to be in conformance with the plan
approved pursuant to section 460zz-2 of this title, or are not
being enforced in a manner consistent with the plan, the
Secretary shall notify the local government authority concerned.
The Secretary may withhold from the local government authority
concerned or, require reimbursement of, (A) Federal funds made
available for implementation of the plan, or (B) any grant under
section 460zz-5(a) of this title if the local plan, law,
ordinance, amendment, or variance is not modified to conform with
the plan and enforced in such manner as will carry out the
purposes of this part. If the State has not initiated, within a
60-day period, such judicial or other action as necessary to
ensure conformity with the plan, and if noncompliance with the
plan or failure to enforce the plan continues after the end of
such 60-day period, the Secretary may acquire, subject to
appropriations, land or interests in land under this subsection
without the consent of the owner thereof. Land and interests in
land acquired pursuant to this subsection shall be restricted to
the geographical area of the local government unit failing to
conform with the plan and shall be limited to those lands clearly
and directly required, in the judgment of the Secretary, for the
protection of the Area in a manner compatible with the plan.
(e) Retention by owner of use and occupancy
The Secretary may permit the owner or owners of any improved
residential property acquired by the Secretary under this part to
retain a right of use and occupancy of the property for
noncommerical (!1) residential uses not incompatible with the plan
approved under section 460zz-2 of this title. The provisions of
subsection (c), (d), and (e) of section 460ii-1 of this title shall
apply to the retention of such rights, except that for purposes of
this part, the applicable date shall be January 1, 1987 in lieu of
January 1, 1975 and the purposes of this part shall be substituted
for the purposes referred to in section 460ii-1(d) of this title.


-SOURCE-
(Pub. L. 100-696, title VII, Sec. 705, Nov. 18, 1988, 102 Stat.
4605; Pub. L. 101-40, Sec. 4(1), June 20, 1989, 103 Stat. 82.)


-MISC1-
AMENDMENTS
1989 - Subsec. (a). Pub. L. 101-40 substituted "Other" for "Our"
in third sentence.

-FOOTNOTE-
(!1) So in original. Probably should be "noncommercial".


-End-



-CITE-
16 USC Sec. 460zz-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-5. State and local assistance and jurisdiction

-STATUTE-
(a) Grants
Upon approval of the plan under section 460zz-2 of this title,
the Secretary is authorized to make grants to the State of
Minnesota, or its political subdivisions, to cover not more than 50
percent of the cost of acquisition and development within the Area
of lands and waters or interests therein in a manner consistent
with the purposes of this part.
(b) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements
with the State of Minnesota or any political subdivision thereof
pursuant to which he may assist in the planning for and
interpretation of non-Federal publicly owned lands within the Area.
(c) Technical assistance
To enable the State of Minnesota and its political subdivisions
to develop and implement programs compatible with the plan, the
Secretary shall provide such technical assistance to the State and
its political subdivisions as he deems appropriate.
(d) State and local jurisdiction
Nothing in this part shall diminish, enlarge, or modify any right
of the State of Minnesota or any political subdivision thereof, to
exercise civil and criminal jurisdiction or to carry out State fish
and wildlife laws, rules, and regulations within the Area, or to
tax persons, corporations, franchises, or private property on the
lands and waters included in the Area.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 706, Nov. 18, 1988, 102 Stat.
4607.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460zz-4 of this title.

-End-



-CITE-
16 USC Sec. 460zz-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part A - Mississippi National River and Recreation Area

-HEAD-
Sec. 460zz-6. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated such sums as may be
necessary to carry out this part.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 707, Nov. 18, 1988, 102 Stat.
4607.)

-End-


-CITE-
16 USC Part B - Tri-Rivers Management 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part B - Tri-Rivers Management

-HEAD-
PART B - TRI-RIVERS MANAGEMENT

-End-



-CITE-
16 USC Sec. 460zz-11 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXI - MISSISSIPPI NATIONAL RIVER AND RECREATION AREA
Part B - Tri-Rivers Management

-HEAD-
Sec. 460zz-11. Tri-Rivers Management Board

-STATUTE-
(a) Federal representatives
In furtherance of the integrated management of those portions of
the Mississippi, Saint Croix, and Minnesota Rivers within the Saint
Paul-Minneapolis Metropolitan Area, the Secretary of the Interior
and the Secretary of the Army are authorized and directed to
appoint representatives to a Tri-Rivers Management Board
(hereinafter referred to as the "Board"), or any similar
organization, which may be established by the State of Minnesota to
assist in the development and implementation of consistent and
coordinated land use planning and management policy for such
portions of such rivers.
(b) Personnel
Upon request of the Board, the Secretary of the Interior and the
Secretary of the Army may detail, on a reimbursable basis, any
personnel to the Board.
(c) Authorization of appropriations
There is hereby authorized to carry out the purposes of this part
the sum of $100,000 annually; except that the Federal contribution
to the Board shall not exceed one-third of the annual operating
costs of the Board.

-SOURCE-
(Pub. L. 100-696, title VII, Sec. 711, Nov. 18, 1988, 102 Stat.
4607.)

-End-


-CITE-
16 USC SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION
AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-End-



-CITE-
16 USC Sec. 460aaa 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa. Establishment

-STATUTE-
In order to preserve and protect for present and future
generations the outstanding resources and values of Grand Island in
Lake Superior, Michigan, and for the purposes of providing for the
conservation, protection, and enhancement of its scenery,
recreation, fish and wildlife, vegetation and historical and
cultural resources, there is hereby established the Grand Island
National Recreation Area (hereafter in this subchapter referred to
as the "national recreation area"). These resources and values
include, but are not limited to, cliffs, caves, beaches, forested
appearance, natural biological diversity, and features of early
settlement.

-SOURCE-
(Pub. L. 101-292, Sec. 1, May 17, 1990, 104 Stat. 185.)

-End-



-CITE-
16 USC Sec. 460aaa-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-1. Boundaries

-STATUTE-
The national recreation area shall comprise all of the Grand
Island in Lake Superior, Michigan, and all associated rocks,
pinnacles, and islands and islets within one-quarter mile of the
shore of Grand Island. The boundaries of the Hiawatha National
Forest are hereby extended to include all of the lands within the
national recreation area. All such extended boundaries shall be
deemed boundaries in existence as of January 1, 1965, for the
purposes of section 460l-9 of this title. All federally owned lands
within the national recreation area on May 17, 1990, are hereby
components of the National Forest System and shall be administered
by the Secretary of Agriculture as provided in this subchapter.

-SOURCE-
(Pub. L. 101-292, Sec. 2, May 17, 1990, 104 Stat. 185.)

-End-



-CITE-
16 USC Sec. 460aaa-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-2. Administration

-STATUTE-
(a) Administration
Subject to valid existing rights, the Secretary of Agriculture
(hereafter in this subchapter referred to as the "Secretary") shall
administer the national recreation area in accordance with the
laws, rules, and regulations applicable to the National Forest
System in furtherance of the purposes for which the national
recreation area was established.
(b) Special management requirements
The national recreation area also shall be administered according
to the following special management requirements:
(1) Subject to such terms and conditions as may be prescribed
by the Secretary, including the protection of threatened and
endangered species and the protection of other natural, cultural,
and scenic values, owners of privately owned land and homes
within the national recreation area shall be afforded access
across National Forest System lands.
(2) Consistent with section 460aaa-6 of this title, and the
purposes of this subchapter, the Secretary shall provide for and
maintain traditional public access, including vehicular roads for
general recreational activities such as camping, hiking, hunting,
fishing, and trapping.
(3) The Secretary shall permit the use of snowmobiles on
Federal lands in the national recreation area in accordance with
the rules and regulations of the National Forest System and
consistent with the management plan developed pursuant to section
460aaa-6 of this title. Such use shall be regulated to protect
the resources of the national recreation area in a way that
minimizes the degradation of these resources.
(4) Timber management shall be utilized only as a tool to
enhance public recreation, scenic quality, game and nongame
wildlife species, and the protection and enhancement of
threatened, endangered, or sensitive species. Trees damaged or
downed due to fire, insects, disease, or blowdown may be
utilized, salvaged, or removed from the recreation area as
authorized by the Secretary to further the purposes of the
national recreation area.
(5) The Secretary shall, after acquiring fee title to at least
10,000 acres of land on Grand Island, provide reasonable water
transportation from the mainland to Grand Island. Transportation
may be provided through concession, permit, or other means, and a
reasonable charge may be imposed. Transportation shall be subject
to reasonable regulation by the Secretary and shall not be
required when the Secretary deems it to be unsafe because of
factors such as weather and water conditions.
(6) The Secretary shall provide through concession, permit, or
other means docking and lodge facilities consistent with the
management plan developed pursuant to section 460aaa-6 of this
title.
(7) The Secretary shall take reasonable actions to provide for
public health and safety and for the protection of the national
recreation area in the event of fire or infestation of insects or
disease.
(8) Under the authority of the Act of March 4, 1915, as amended
(16 U.S.C. 497), the Secretary shall, as a condition of
acquisition, issue occupancy and use permits for any privately
owned home as of the date of Federal acquisition of the land
within the national recreation area on which the home is located.
Any such permit shall be issued for an initial period of 20 years
and shall be renewed thereafter for successive 20-year periods so
long as the permittee is in compliance with the purposes of this
subchapter, the terms of the permit, and other applicable rules
and regulations. Any such permit shall be issued in accordance
with the laws, rules, and regulations of the Secretary pertaining
to the National Forest System, except that such permit shall be
subject to the following special provisions:
(A) Such permit may only be issued to the owner of such home
as of the date of Federal acquisition of the property, such
owner's spouse, the children, stepchildren, and grandchildren
of such owner and spouse, and their direct lineal descendants
(natural or adopted offspring).
(B) Only noncommercial recreation occupancy may be permitted.
(C) The Secretary shall collect fees on an annual basis based
on the fair market value of the occupancy permitted.
(D) The expansion, remodeling, or reconstruction of such
homes shall be subject to approval of and regulation by the
Secretary. No expansion, remodeling, or reconstruction may
increase the height of structure or result in an increase of
more than 25 percent of the sum of the exterior dimensions of a
structure as it existed on May 17, 1990. Any expansion,
remodeling, or reconstruction shall be consistent with the
criteria developed pursuant to section 460aaa-6(b)(4) of this
title and shall be subject to such other terms and conditions
as the Secretary may prescribe.
(E) Any such home may be purchased at the fair market value
of the structure and improvements by the Secretary on a willing
seller basis.
(F) The permit may be terminated at any time for failure to
comply with its terms and conditions and applicable regulations
without cost to the Federal Government in accordance with the
permit.
(G) After termination of any such permit, if any improvements
or property are not removed by their owner within one year of
the termination, they shall become the property of the Federal
Government.

(9) Solely for purposes of payments pursuant to section 6904 of
title 31, lands on Grand Island acquired by the United States
after January 1, 1990 shall be considered to have been acquired
for addition to a National Forest Wilderness Area (national
forest portion of the National Wilderness Preservation System).

-SOURCE-
(Pub. L. 101-292, Sec. 3, May 17, 1990, 104 Stat. 185.)

-REFTEXT-
REFERENCES IN TEXT
Act of March 4, 1915, referred to in subsec. (b)(8), is act Mar.
4, 1915, ch. 144, 38 Stat. 1086, as amended. For complete
classification of this Act to the Code, see Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460aaa-3, 460aaa-6 of
this title.

-End-



-CITE-
16 USC Sec. 460aaa-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-3. Acquisition

-STATUTE-
(a) General authority
Subject to the provisions of section 460aaa-2(b)(8) of this title
and subsection (b) of this section, the Secretary is authorized and
directed to acquire by purchase, gift, exchange, or otherwise,
lands, waters, structures, or interests therein, including scenic
or other easements, within the boundaries of the national
recreation area to further the purposes of this subchapter:
Provided, That the Secretary may not acquire any privately owned
lands within the national recreation area other than with the
consent of the owner so long as the owner agrees to the
restrictions contained in subsection (b)(1) of this section and
grants the Secretary a right of first refusal as provided in
subsection (b)(2) of this section. The Secretary also is authorized
and directed to acquire lands or structures by such means on the
mainland to the extent necessary for access to and administrative
facilities for the national recreation area. In acquiring lands or
structures under this subsection, the Secretary is directed to give
prompt and careful consideration to any offer to sell land or
structures made by an individual, organization, or any legal entity
owning property within the boundaries of the national recreation
area.
(b) Private lands
(1) An owner of unimproved real property within the national
recreation area may construct recreational residences that are
architecturally compatible with other structures within the
national recreation area, as described by the management plan
developed pursuant to section 460aaa-6 of this title.
(2) Any privately owned lands, interests in lands, or structures
within the national recreation area shall not be disposed of by
donation, exchange, sale, or other conveyance without first being
offered at no more than fair market value to the Secretary. The
Secretary shall be given a period of 120 days to accept an offer
and, after such offer is accepted, a period of 45 days after the
end of the fiscal year following the fiscal year in which the offer
was accepted to acquire such lands, interests in lands, or
structures. No such lands, interests in lands, or structures shall
be sold or conveyed at a price below the price at which they have
been offered for sale to the Secretary, and if such lands, interest
in lands, or structures are reoffered for sale or conveyance they
shall first be reoffered to the Secretary, except that this
subsection shall not apply to a change in ownership of a property
within the immediate family of the owner of record on January 1,
1989. For the purposes of this subsection, the term "immediate
family" means, with respect to any such owner of record, the
spouse, siblings, children (whether natural or adopted),
stepchildren, and lineal descendants of that owner.

-SOURCE-
(Pub. L. 101-292, Sec. 4, May 17, 1990, 104 Stat. 187.)

-End-



-CITE-
16 USC Sec. 460aaa-4 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-4. Fish and game

-STATUTE-
(a) In general
Nothing in this subchapter shall be construed as affecting the
responsibilities of the State of Michigan with respect to fish and
wildlife, including the regulation of hunting, fishing, and
trapping in any lands acquired and managed by the Secretary under
this subchapter, except that the Secretary may, in consultation
with the State of Michigan, designate zones where, and establish
periods when, no hunting, fishing or trapping shall be permitted
for reasons of public safety, administration, the protection of
nongame species and their habitats, or public use and enjoyment.
(b) Notice of Secretarial action
As soon as practicable after each case in which the Secretary
exercises authority under subsection (a) of this section, the
Secretary, in consultation with appropriate officials of the State
of Michigan, shall take steps to notify area residents as to the
nature of actions taken, and the location of zones designated and
periods established, under subsection (a) of this section.
(c) Consultation
Except in emergencies, any regulations of the Secretary pursuant
to this section shall be put into effect after consultation with
the fish and wildlife agency of the State of Michigan.

-SOURCE-
(Pub. L. 101-292, Sec. 5, May 17, 1990, 104 Stat. 188.)

-End-



-CITE-
16 USC Sec. 460aaa-5 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-5. Minerals

-STATUTE-
Subject to valid existing rights, the lands within the national
recreation area are hereby withdrawn from location, entry, and
patent under the United States mining laws and 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 national recreation 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 national recreation area.

-SOURCE-
(Pub. L. 101-292, Sec. 6, May 17, 1990, 104 Stat. 188.)

-REFTEXT-
REFERENCES IN TEXT
The United States mining laws and the mineral leasing laws,
referred to in text, are classified generally to Title 30, Mineral
Lands and Mining.
Geothermal leasing laws, referred to in text, are classified
principally to chapter 23 (Sec. 1001 et seq.) of Title 30.

-End-



-CITE-
16 USC Sec. 460aaa-6 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-6. Management plan

-STATUTE-
(a) Development
After the Secretary acquires fee title to at least 10,000 acres
of land on Grand Island, the Secretary, within 30 months, shall
develop with public involvement a comprehensive management plan for
the national recreation area which implements the provisions of
this subchapter.
(b) Special issues to be included
The comprehensive management plan shall include, but not be
limited to, the following issues:
(1) Public recreation, including consideration of a range of
appropriate recreational opportunities consistent with the
rustic, natural, and historic character of the island, including,
but not limited to, a system of trails and campsites in
conjunction with the lodge referred to in paragraph (2) of this
section.(!1)

(2) The feasibility of a concessionaire constructed, operated,
and maintained rustic lodge and educational facility on no more
than 55 acres located so as not to impair or alter existing
scenic views or the existing tree line and forested appearance of
Grand Island from any point within the boundaries of Pictured
Rocks National Lakeshore. The plan shall address the economics of
constructing, operating, and maintaining such a facility by a
concessionaire or other entity; access by roads and waters;
utilities; waste water treatment, garbage disposal, and other
associated environmental impacts; management operations including
construction, operation and maintenance; and the potential for
permitted uses by government agencies, profit and nonprofit
organizations, or individuals.
(3) Prescriptions concerning any management and harvest of
timber, subject to section 460aaa-2(b)(4) of this title.
(4) General design criteria for new facilities or the
improvement of existing facilities that are compatible with the
rustic, natural, and historic character of the island and their
topographic and geological location, and that do not impair
scenic views from the Pictured Rocks National Lakeshore.
(5) Water transportation from the mainland to the national
recreation area by a concessionaire or other entity.
(6) The feasibility of concessionaire constructed, operated,
and maintained docking facilities in the national recreation area
and on the mainland.
(7) An inventory and assessment of existing traditional roads,
the level of road use, access needs, and any vehicular regulation
and management needed to protect the resources of the national
recreation area while, at the same time, providing reasonable
access to private property.
(c) Consultation
In preparing the comprehensive management plan, the Secretary
shall consult with the appropriate State and local government
officials, provide for full public participation, and consider the
views of all interested parties, organizations, and individuals.

-SOURCE-
(Pub. L. 101-292, Sec. 7, May 17, 1990, 104 Stat. 188.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460aaa-2, 460aaa-3,
460aaa-7 of this title.

-FOOTNOTE-


(!1) So in original. Probably should be "subsection."


-End-



-CITE-
16 USC Sec. 460aaa-7 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXII - GRAND ISLAND NATIONAL RECREATION AREA

-HEAD-
Sec. 460aaa-7. Grand Island Advisory Commission

-STATUTE-
(a) Establishment
Subject to appointments as provided in subsection (b) of this
section, there is established a Grand Island Advisory Commission
(hereafter in this subchapter referred to as the "Commission")
comprised of 12 members for the purpose of advising the Secretary
on the preparation of the management plan which is provided for in
section 460aaa-6 of this title.
(b) Appointment
(1) Commission members shall be appointed by the Secretary as
follows:
(A) Three non-voting members, who shall be employees of the
Forest Service including the Forest Supervisor of the Hiawatha
National Forest.
(B) One member who shall be a resident of Munising, Michigan,
who is not a Forest Service employee.
(C) Two members who shall be recreational users of Grand Island
who are not Forest Service employees.
(D) One member from nominations made by the Alger County Board
of Commissioners who is a member of such board.
(E) One member from nominations made by the Alger County
Economic Development Corporation who is a member of such
corporation.
(F) One member from nominations made by the Grand Island
Association who is a member of such association.
(G) One member from nominations made by the private landowners
of Grand Island who is a private landowner on Grand Island.
(H) One member from nominations made by the Grand Island
Township Board who is a member of such board.
(I) The Munising city manager, upon accepting the invitation of
the Secretary.

(2) Any vacancy shall be filled in the same manner as the
original appointment.
(c) Quorum
A quorum shall be six members. The operations of the Commission
shall not be impaired by the fact that a member has not been
appointed as long as a quorum has been attained.
(d) Procedures
The Commission shall elect a Chairman and establish such rules
and procedures as it deems necessary or desirable.
(e) Consultation
The Secretary shall consult with the Commission on a periodic and
regular basis with respect to the management plan.
(f) Pay
(1) Members of the Commission who are not full-time officers or
employees of the United States shall serve without pay.
(2) Members of the Commission who are full-time officers or
employees of the United States shall receive no additional pay by
reason of their service on the Commission.
(g) Proposals for non-Federal development on Federal land
The Commission shall recommend proposals for non-Federal (continued)