Text: S.109 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in Senate (01/06/2009)


111th CONGRESS
1st Session
S. 109


To designate the Beaver Basin Wilderness at Pictured Rocks National Lakeshore in the State of Michigan.


IN THE SENATE OF THE UNITED STATES

January 6, 2009

Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To designate the Beaver Basin Wilderness at Pictured Rocks National Lakeshore in the State of Michigan.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Beaver Basin Wilderness Act”.

SEC. 2. Findings.

Congress finds that—

(1) since 1981, the National Park Service has managed the land designated as the Beaver Basin Wilderness by section 4(a) as a backcountry and wilderness area;

(2) the land designated by section 4(a) as the Wilderness comprises approximately 16 percent of the area of Pictured Rocks National Lakeshore;

(3) the decision to propose this portion of the National Lakeshore as wilderness was made after 5 years of planning, which involved extensive public involvement and culminated in the approval of a new general management plan in 2004; and

(4) the fundamental manner in which the land designated as Wilderness by section 4(a) is managed for purposes of access, public use, and enjoyment will not change as a result of this designation.

SEC. 3. Definitions.

In this Act:

(1) LINE OF DEMARCATION.—The term “line of demarcation” means the point on the bank or shore at which the surface waters of Lake Superior meet the land or sand beach, regardless of the level of Lake Superior.

(2) MAP.—The term “map” means the map entitled “Pictured Rocks National Lakeshore Beaver Basin Wilderness Boundary”, numbered 625/80,051, and dated April 16, 2007.

(3) NATIONAL LAKESHORE.—The term “National Lakeshore” means the Pictured Rocks National Lakeshore.

(4) SECRETARY.—The term “Secretary” means the Secretary of the Interior.

(5) WILDERNESS.—The term “Wilderness” means the Beaver Basin Wilderness designated by section 4(a).

SEC. 4. Designation of Beaver Basin Wilderness.

(a) In general.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the land described in subsection (b) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the “Beaver Basin Wilderness”.

(b) Description of land.—The land referred to in subsection (a) is the land and inland water comprising approximately 11,740 acres within the National Lakeshore, as generally depicted on the map.

(c) Boundary.—

(1) LINE OF DEMARCATION.—The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by Lake Superior.

(2) SURFACE WATER.—The surface water of Lake Superior, regardless of the fluctuating lake level, shall be considered to be outside the boundary of the Wilderness.

(d) Map and legal description.—

(1) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(2) LEGAL DESCRIPTION.—As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a legal description of the boundary of the Wilderness.

(3) FORCE AND EFFECT.—The map and the legal description submitted under paragraph (2) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map and legal description.

SEC. 5. Administration.

(a) Management.—Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and

(2) with respect to land administered by the Secretary, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

(b) Use of electric motors.—The use of boats powered by electric motors on Little Beaver and Big Beaver Lakes may continue, subject to any applicable laws (including regulations).

SEC. 6. Effect.

Nothing in this Act—

(1) modifies, alters, or affects any treaty rights;

(2) alters the management of the water of Lake Superior within the boundary of the Pictured Rocks National Lakeshore in existence on the date of enactment of this Act; and

(3) prohibits—

(A) the use of motors on the surface water of Lake Superior adjacent to the Wilderness; or

(B) the beaching of motorboats at the line of demarcation.