Pub. L. 108-447, div. E, tit. I, sec. 140
Pub. L. 108-447, div. E, tit. I, sec. 140
Sec. 140. (a) Short Title.—This section may be cited as the “Gaylord A. Nelson Apostle Islands National Lakeshore Wilderness Act”. (b) Definitions.—In this section:(1) Map.—The term “map” means the map entitled “Apostle Islands Lakeshore Wilderness”, numbered 633/80,058 and dated September 17, 2004.(2) Secretary.—The term “Secretary” means the Secretary of the Interior.(3) High-water mark.—The term “high-water mark” means the point on the bank or shore up to which the water, by its presence and action or flow, leaves a distinct mark indicated by erosion, destruction of or change in vegetation or other easily recognizable characteristic. (c) Designation of Apostle Islands National Lakeshore Wilderness.—(1) Designation.—Certain lands comprising approximately 33,500 acres within the Apostle Islands National Lakeshore, as generally depicted on the map referred to in subsection (b), are hereby designated as wilderness in accordance with section 3(c) of the Wilderness Act (16 U.S.C. 1132), and therefore as components of the National Wilderness Preservation System.(2) Map and description.—118 STAT. 3070(A) The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service.(B) As soon as practical after enactment of this section, the Secretary shall submit a description of the boundary of the wilderness areas to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the United States House of Representatives.(C) The map and description shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the description and maps.(3) Boundary of the wilderness.—Any portion of wilderness designated in paragraph (c)(1) that is bordered by Lake Superior shall use as its boundary the high-water mark.(4) Naming.—The wilderness area designated by this section shall be known as the Gaylord A. Nelson National Wilderness. (d) Administration.—(1) Management.—Subject to valid existing rights, the lands designated as wilderness by this section shall be administered by the Secretary in accordance with the applicable provisions of the Wilderness Act (16 U.S.C. 1131), except that—(A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this section; and(B) where appropriate, any reference to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior with respect to lands administered by the Secretary.(2) Savings provisions.—Nothing in this section shall—(A) modify, alter, or in any way affect any treaty rights;(B) alter the management of the waters of Lake Superior within the boundary of the Apostle Islands National Lakeshore in existence on the date of enactment of this section; or(C) be construed to modify, limit, or in any way affect the use of motors on the lake waters, including snowmobiles and the beaching of motorboats adjacent to wilderness areas below the high-water mark, and the maintenance and expansion of any docks existing at the time of the enactment of this section.