Loading (50 kb)...'

(continued)
"(2) in exchange for such conveyance, to convey to the State of
Indiana 31.26 acres of land located within area IV, as designated
on such map, commonly known as 'Hoosier Prairie'.
"(b) The Secretary of the Interior may not carry out the
conveyance specified in subsection (a)(2) unless, simultaneously
with such conveyance and in consideration of such conveyance, the
State of Indiana -
"(1) transfers to the Secretary all right, title, and interest
in the land described in subsection (a)(1);
"(2) enters into a recordable agreement satisfactory to the
Secretary providing that -
"(A) the State will not use, or permit the use, of the land
described in subsection (a)(2) for any purpose other than the
interpretation and public appreciation and use of the Hoosier
Prairie Unit of the Indiana Dunes National Lakeshore;
"(B) the State will not transfer any right, title, or
interest in, or control over, any land described in subsection
(a)(2) to any person other than the Secretary;
"(C) the State will permit access by the Secretary at
reasonable times to the land described in subsection (a)(2);
and
"(D) upon a final determination by the Secretary that -
"(i) the State has failed to comply with the requirements
of subparagraph (A) or (B), and
"(ii) after receipt of notice from the Secretary respecting
such failure, the State has failed or refused to comply with
such requirements,
all right, title, and interest in such land shall revert to the
United States for administration by the Secretary as part of the
lakeshore.
The Secretary may make a determination under subparagraph (D) only
after notice and opportunity for hearing on the record. The
reversion under subparagraph (D) shall take effect upon publication
of such determination by the Secretary in the Federal Register
without further notice or requirement for physical entry by the
Secretary unless an action for judicial review is brought in the
United States court of appeals for the appropriate circuit within
ninety days following such publication. In any such action the
court may issue such orders as appropriate to carry out the
requirements of this subsection."

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-2. Direction for establishment; publication in Federal
Register; continuing acquisition of lands

-STATUTE-
As soon as practicable after November 5, 1966, and following the
acquisition by the Secretary of an acreage within the boundaries of
the area described in section 460u of this title which in his
opinion is efficiently administrable for the purposes of this
subchapter, he shall establish the Indiana Dunes National Lakeshore
by publication of notice thereof in the Federal Register. By no
later than October 1, 1977, the Secretary shall publish in the
Federal Register a detailed description of the boundaries of the
lakeshore and shall from time to time so publish any additional
boundary changes as may occur. Following such establishment and
subject to the limitations and conditions prescribed in section
460u of this title, the Secretary may continue to acquire lands and
interests in lands for the lakeshore.

-SOURCE-
(Pub. L. 89-761, Sec. 3, Nov. 5, 1966, 80 Stat. 1309; Pub. L.
94-549, Sec. 1(2), Oct. 18, 1976, 90 Stat. 2529.)


-MISC1-
AMENDMENTS
1976 - Pub. L. 94-549 inserted provision requiring the Secretary
to publish in the Federal Register, no later than October 1, 1977,
the boundaries of the lakeshore and from time to time publish any
additional changes in the boundaries as they occur.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-3. "Improved property" and "appropriate map" defined;
terms and conditions for rights of use and occupancy

-STATUTE-
As used in this subchapter, the term "improved property" means a
detached, one-family dwelling which meets each of the following
criteria:
(1) The construction of the dwelling began before the date
(shown in the table contained in this section) corresponding to
the appropriate map.
(2) The property is located within the boundaries delineated on
the map described in such table which corresponds to such date.
(3) The property is not located within the boundaries of any
other map referred to in such table which bears an earlier date.

The term "appropriate map", means a map identified as "Boundary Map
- Indiana Dunes National Lakeshore" (or "A Proposed Indiana Dunes
National Lakeshore" in the case of a dwelling the construction of
which was begun before January 4, 1965) which is dated and numbered
as provided in the following table.


Property within boundaries of map Construction
began before
--------------------------------------------------------------------
Dated October 1992, No. 626-80,039-C October 1, 1991
Dated October 1986, No. 626-80,033-B February 1, 1986
Dated December 1980, No. 626-91014 January 1, 1981
Dated September 1976, No. 626-91007 February 1, 1973
Dated September 1966, No. LNPNE-1008-ID January 4, 1965
--------------------------------------------------------------------

The term "improved property" also includes the lands on which the
dwelling is situated which meets both of the following criteria:
(A) The land is in the same ownership as the dwelling.
(B) The Secretary has designated the lands as reasonably
necessary for the enjoyment of the dwelling for the sole purpose
of noncommercial residential use.

Such term also includes any structures accessory to the dwelling
which are situated on the lands so designated. The maps referred to
in this section shall be on file and available for public
inspection in the Office of the Director of the National Park
Service, Department of the Interior. The Secretary shall designate
the land referred to in subparagraph (B). The amount of land so
designated shall in every case be not more than three acres in
area, and in making such designation the Secretary shall take into
account the manner of noncommercial residential use in which the
dwelling and land have customarily been enjoyed: Provided, That the
Secretary may exclude from the land so designated any beach or
waters, together with so much of the land adjoining such beach or
waters, as he may deem necessary for public access thereto or
public use thereof. All rights of use and occupancy shall be
subject to such terms and conditions as the Secretary deems
appropriate to assure the use of such property in accordance with
the purposes of this subchapter.

-SOURCE-
(Pub. L. 89-761, Sec. 4, Nov. 5, 1966, 80 Stat. 1309; Pub. L.
94-549, Sec. 1(3), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96-612,
Sec. 1(5), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 99-583, Sec. 1(b),
Oct. 29, 1986, 100 Stat. 3318; Pub. L. 102-430, Sec. 4(a), Oct. 23,
1992, 106 Stat. 2208.)


-MISC1-
AMENDMENTS
1992 - Pub. L. 102-430 amended table generally. Prior to
amendment, table read as follows:


"Property Within Boundaries of Map Construction
Began Before
--------------------------------------------------------------------
Dated October 1986, #626-80,033-B February 1, 1986
Dated December 1980, #626-91014 January 1, 1981
Dated September 1976, #626-91007 February 1, 1973
Dated September 1966, #LNPNE-1008-ID January 4, 1965".
--------------------------------------------------------------------

1986 - Pub. L. 99-583 substituted provisions defining "improved
property" and "appropriate map" for former provisions which read as
follows: "The term "improved property", whenever used in this
subchapter, shall mean a detached, one-family dwelling,
construction of which was begun before January 1, 1981 or, in the
case of improved property located within the boundaries delineated
on a map identified as "Boundary Map, Indiana Dunes National
Lakeshore", dated September 1976 and bearing the number 626-91007,
before February 1, 1973, or, in the case of improved property
located within the boundaries delineated on a map identified as "A
Proposed Indiana Dunes National Lakeshore", dated September 1966,
and bearing the number "LNPNE-1008-ID", which map is on file and
available for public inspection in the Office of the Director of
the National Park Service, Department of the Interior, before
January 4, 1965, together with so much of the land on which the
dwelling is situated, the said land being in the same ownership as
the dwelling, as the Secretary shall designate to be reasonably
necessary for the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
accessory to the dwelling which are situated on the lands so
designated."
1980 - Pub. L. 96-612 inserted "January 1, 1981 or, in the case
of improved property located within the boundaries delineated on a
map identified as 'Boundary Map, Indiana Dunes National Lakeshore',
dated September 1976 and bearing the number 626-91007, before"
after "begun before".
1976 - Pub. L. 94-549 struck out subsec. (a) which related to the
suspension of the authority of the Secretary to acquire improved
property by condemnation when an appropriate zoning agency had in
force a valid zoning ordinance, designated subsec. (b) as the
entire provision, and in the entire provision as so designated,
inserted provision including in definition of "improved property" a
one-family dwelling the construction of which was begun before
February 1, 1973, or in the case of improved property located
within the boundaries of the map bearing the number
"LNPNE-1008-ID", property the construction of which was begun
before January 4, 1965, and provision which subjected all rights of
use and occupancy to terms and conditions the Secretary deems
appropriate.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460u-5, 460u-7, 460u-13,
460u-16 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-4. Repealed. Pub. L. 94-549, Sec. 1(9), Oct. 18, 1976, 90
Stat. 2533

-MISC1-
Section, Pub. L. 89-761, Sec. 5, Nov. 5, 1966, 80 Stat. 1310,
authorized Secretary to set standards for and to approve use of
local zoning ordinances with regard to preservation and development
of lakeshore areas and in event of nonconforming variances, to
terminate suspension of his authority to acquire improved property
by condemnation.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-5. Owner's retention of right of use and occupancy for
residential purposes

-STATUTE-
(a) Election; conveyance or lease of right; adjustment of
compensation; retained rights
(1) Except for owners described in paragraph (2) and owners of
improved property within the area on the map referred to in section
460u-3 of this title, dated December 1980, and numbered 626-91014,
as area II-B, any owner or owners of record of improved property
may retain a right of use and occupancy of said improved property
for noncommercial residential purposes for a term (A) ending on his
or her death or the death of his or her spouse, whichever occurs
last, or (B) for a fixed term not to extend beyond September 30,
2010, or such lesser term as the owner or owners may elect at the
time of acquisition by the Secretary. In the case of improved
property within the boundaries of the map dated December 1980 and
numbered 626-91014 the retention of a retained right under clause
numbered (A) shall only be available to homeowners of record as of
October 1, 1980, who have attained the age of majority as of that
date and make a bona fide written offer not later than October 1,
1985, to sell to the Secretary. Where any such owner retains a
right of use and occupancy as herein provided, such right during
its existence may be conveyed or leased for noncommercial
residential purposes. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less
the fair market value on such date of the right retained by the
owner.
(2)(A) In the case of property included within the boundaries of
the lakeshore after 1980, any owner or owners of record of improved
property may retain a right of use and occupancy for noncommercial
residential purposes for a term ending at either of the following:
(i) A fixed term not to extend beyond September 30, 2010, or
such lesser fixed term as the owner or owners may elect at the
time of acquisition.
(ii) A term ending at the death of any owner or of a spouse of
any owner, whichever occurs last.

The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be
available only to individuals who are homeowners of record as of
July 1, 1986, who have attained the age of majority as of that date
and who make a bona fide written offer not later than July 1, 1991,
to sell to the Secretary.
(3)(A) In the case of improved property included within the
boundaries of the lakeshore after October 1, 1991, that was not
included within such boundaries on or before that date, an
individual who is an owner of record of such property may retain a
right of use and occupancy of such improved property for
noncommercial residential purposes for a term ending, subject to
subparagraph (B), at either of the following:
(i) A fixed term not to extend beyond October 1, 2020, or such
lesser fixed term as the owner may elect at the time of
acquisition.
(ii) A term ending at the death of the owner or the owner's
spouse, whichever occurs later. The owner or owners shall elect
the term to be reserved.

(B) Subparagraph (A)(ii) shall apply only to improved property
owned by an individual who -
(i) was an owner of record of the property as of October 1,
1991;
(ii) had attained the age of majority as of that date; and
(iii) made a bona fide written offer not later than October 1,
1997, to sell the property to the Secretary.
(b) Termination of use and occupancy; pre-October 18, 1976,
standards of use and occupancy to remain in effect
Upon his determination that the property, or any portion thereof,
has ceased to be used in accordance with the applicable terms and
conditions, the Secretary may terminate a right of use and
occupancy. Nonpayment of property taxes, validly assessed, on any
retained right of use and occupancy shall also be grounds for
termination of such right by the Secretary. In the event the
Secretary terminates a right of use and occupancy under this
subsection he shall pay to the owners of the retained right so
terminated an amount equal to the fair market value of the portion
of said right which remained unexpired on the date of termination.
With respect to any right of use and occupancy in existence on the
effective date of this sentence, standards for retention of such
rights in effect at the time such rights were reserved shall
constitute the terms and conditions referred to in section 460u-3
of this title.
(c) Extension of use and occupancy rights
With respect to improved properties acquired prior to December
28, 1980, and upon which a valid existing right of use and
occupancy has been reserved for a term of not more than twenty
years, the Secretary may, in his discretion, extend the term of
such retained right for a period of not more than nine years upon
receipt of payment prior to September 30, 1983, from the holder of
the retained right. The amount of such payment shall be equivalent
to the amount discounted from the purchase price paid by the
Secretary for the identical period of time under the terms of the
original sale adjusted by a general index adopted by the Secretary
reflecting overall value trends within Indiana Dunes National
Lakeshore between the time of the original sale and the time of the
retained right of extension offered by this subsection.

-SOURCE-
(Pub. L. 89-761, Sec. 5, formerly Sec. 6, Nov. 5, 1966, 80 Stat.
1311; renumbered Sec. 5 and amended Pub. L. 94-549, Sec. 1(4), (9),
Oct. 18, 1976, 90 Stat. 2529, 2533; Pub. L. 96-612, Sec. 1(6), (7),
Dec. 28, 1980, 94 Stat. 3576; Pub. L. 99-583, Sec. 1(c), Oct. 29,
1986, 100 Stat. 3319; Pub. L. 102-430, Sec. 4(b), (c), Oct. 23,
1992, 106 Stat. 2208, 2209; Pub. L. 105-277, div. A, Sec. 101(e)
[title I, Sec. 141], Oct. 21, 1998, 112 Stat. 2681-231, 2681-266.)

-REFTEXT-
REFERENCES IN TEXT
The effective date of this sentence, referred to in subsec. (b),
probably refers to the date of enactment of Pub. L. 94-549, which
was approved Oct. 18, 1976.


-MISC1-
PRIOR PROVISIONS
A prior section 5 of Pub. L. 89-761 was classified to section
460u-4 of this title, prior to repeal by Pub. L. 94-549, Sec. 1(9).

AMENDMENTS
1998 - Subsec. (a)(3)(A). Pub. L. 105-277, Sec. 101(e) [title I,
Sec. 141(1)], in introductory provisions, struck out "as of that
date" after "record of such property" and inserted ", subject to
subparagraph (B)," after "term ending".
Subsec. (a)(3)(B). Pub. L. 105-277, Sec. 101(e) [title I, Sec.
141(2)], substituted "Subparagraph (A)(ii)" for "Subparagraph (A)"
in introductory provisions.
1992 - Subsec. (a)(1). Pub. L. 102-430, Sec. 4(c), substituted a
comma for a period after first reference to "626-91014".
Subsec. (a)(3). Pub. L. 102-430, Sec. 4(b), added par. (3).
1986 - Subsec. (a). Pub. L. 99-583 designated existing provisions
as par. (1), inserted "owners described in paragraph (2) and" and
substituted reference to the map referred to in section 460u-3 of
this title for reference to the map referred to in section 460u of
this title, "(A)" for "(1)" in two places, "(B)" for "(2)", and ".
In the case of improved property within the boundaries of the map
dated December 1980 and numbered 626-91014" for ": Provided, That",
and added par. (2).
1980 - Subsec. (a). Pub. L. 96-612, Sec. 1(6), substituted
provisions authorizing certain owners of improved property, except
such owners within area II-B, to retain rights of use and occupancy
of such property for noncommercial residential purposes for a term
either ending at death or at a specified date no later than
September 30, 2010, for provisions authorizing certain owners of
similar property to retain such rights for similar purposes for a
fixed term of twenty years or less, as elected, authorizing the
conveyance or leasing of such rights, and specifying the formula
for reimbursing such owners upon acquisition of such property by
the Secretary.
Subsec. (c). Pub. L. 96-612, Sec. 1(7), added subsec. (c).
1976 - Subsec. (a). Pub. L. 94-549, Sec. 1(4)(a), provided that
owners within unit II-B on the map referred to in section 460u of
this title be excluded from use and occupancy rights, that owners
attain the age of majority to be eligible to retain use and
occupancy rights, and that the maximum term that an owner may
retain use and occupancy rights be reduced to twenty years from
twenty-five years.
Subsec. (b). Pub. L. 94-549, Sec. 1(4)(b), substituted provision
requiring failure of property to be used in accordance with the
terms and applicable conditions as grounds for termination by the
Secretary for provision which required failure of the property to
be used in accordance with applicable zoning standards, added
nonpayment of property taxes as a ground for termination, and
provided that the standards for right of use and occupancy
applicable prior to Oct. 18, 1976 remain in effect for such right,
including applicable zoning regulations.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460u-7 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-6. Administration

-STATUTE-
(a) Utilization of authorities for conservation and management of
natural resources
In the administration of the lakeshore the Secretary may utilize
such statutory authorities relating to areas of the national park
system and such statutory authority otherwise available to him for
the conservation and management of natural resources as he deems
appropriate to carry out the purposes of this subchapter.
(b) Preservation of lakeshore; incompatible visitor conveniences
restricted; provisions for public enjoyment and understanding;
developments for public uses
In order that the lakeshore shall be permanently preserved in its
present state, no development or plan for the convenience of
visitors shall be undertaken therein which would be incompatible
with the preservation of the unique flora and fauna or the
physiographic conditions now prevailing or with the preservation of
such historic sites and structures as the Secretary may designate:
Provided, That the Secretary may provide for the public enjoyment
and understanding of the unique natural, historic, and scientific
features within the lakeshore by establishing such trails,
observation points, and exhibits and providing such services as he
may deem desirable for such public enjoyment and understanding:
Provided further, That the Secretary may develop for appropriate
public uses such portions of the lakeshore as he deems especially
adaptable for such uses.

-SOURCE-
(Pub. L. 89-761, Sec. 6, formerly Sec. 7, Nov. 5, 1966, 80 Stat.
1311; renumbered Sec. 6, Pub. L. 94-549, Sec. 1(9), Oct. 18, 1976,
90 Stat. 2533.)


-MISC1-
PRIOR PROVISIONS
A prior section 6 of Pub. L. 89-761 was renumbered section 5 and
is classified to section 460u-5 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460u-24 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-7. Indiana Dunes National Lakeshore Advisory Commission

-STATUTE-
(a) Establishment; termination
There is hereby established an Indiana Dunes National Lakeshore
Advisory Commission. Said Commission shall terminate on September
30, 1985.
(b) Membership; appointment; term of office; recommendation or
designation of appointees
The Commission shall be composed of thirteen members, each
appointed for a term of two years by the Secretary, as follows: (1)
one member who is a year-round resident of Porter County to be
appointed from recommendations made by the commissioners of such
county; (2) one member who is a year-round resident of the town of
Beverly Shores to be appointed from the recommendations made by the
board of trustees of such town; (3) one member who is a year-round
resident of the towns of Porter, Dune Acres, Pines, Chesterton,
Ogden Dunes, or the village of Tremont, such member to be appointed
from recommendations made by the boards of trustees or the trustee
of the affected town or township; (4) two members who are
year-round residents of the city of Michigan City to be appointed
from recommendations made by such city; (5) two members to be
appointed from recommendations made by the Governor of the State of
Indiana; (6) one member to be designated by the Secretary; (7) two
members who are year-round residents of the city of Gary to be
appointed from recommendations made by the mayor of such city; (8)
one member to be appointed from recommendations made by a regional
planning agency established under the authority of the laws of the
State of Indiana and composed of representatives of local and
county governments in northwestern Indiana; (9) one member who is a
year-round resident of the city of Portage to be appointed from
recommendations made by the mayor of such city; and (10) one member
who holds a reservation of use and occupancy and is a year-round
resident within the lakeshore to be designated by the Secretary.
(c) Chairman; vacancies
The Secretary shall designate one member to be Chairman. Any
vacancy in the Commission shall be filled in the same manner in
which the original appointment was made.
(d) Compensation and expenses; vouchers
A member of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expense reasonably
incurred by the Commission in carrying out its responsibilities
under this subchapter on vouchers signed by the Chairman.
(e) Consultation of Secretary with Commission
The Secretary or his designee shall, from time to time, consult
with the Commission with respect to matters relating to the
development of the Indiana Dunes National Lakeshore and with
respect to the provisions of sections 460u-3, 460u-4,(!1) and
460u-5 of this title.

(f) Disposal of industrial solid wastes; identification of
acceptable areas
The Advisory Commission is authorized to assist with the
identification of economically and environmentally acceptable
areas, outside of the boundaries of the lakeshore, for the handling
and disposal of industrial solid wastes produced by the coal-fired
powerplant in Porter County, Indiana, section 21, township 37
north, range 6 west.

-SOURCE-
(Pub. L. 89-761, Sec. 7, formerly Sec. 8, Nov. 5, 1966, 80 Stat.
1311; renumbered Sec. 7 and amended Pub. L. 94-549, Sec. 1(5), (6),
(9), Oct. 18, 1976, 90 Stat. 2530, 2533; Pub. L. 96-612, Sec. 1(8),
(9), Dec. 28, 1980, 94 Stat. 3576.)

-REFTEXT-
REFERENCES IN TEXT
Section 460u-4 of this title, referred to in subsec. (e), was
repealed by Pub. L. 94-549, Sec. 1(9), Oct. 18, 1976, 90 Stat.
2533.


-MISC1-
PRIOR PROVISIONS
A prior section 7 of Pub. L. 89-761 was renumbered section 6 and
is classified to section 460u-6 of this title.

AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-612, Sec. 1(8), substituted "on
September 30, 1985" for "ten years after the date of establishment
of the national lakeshore pursuant to this subchapter".
Subsec. (b). Pub. L. 96-612, Sec. 1(9), substituted "thirteen
members" for "eleven members" in provisions preceding cl. (1) and
"two members who are year-round residents" for "one member who is a
year-round resident" in cls. (4) and (7).
1976 - Subsec. (b). Pub. L. 94-549, Sec. 1(5), substituted
"eleven members" for "seven members" in provision preceding cl.
(1), struck out "Portage" after "Dunes Acres" in cl. (3), and added
cls. (7) to (10).
Subsec. (f). Pub. L. 94-549, Sec. 1(6), added subsec. (f).

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
16 USC Sec. 460u-8 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-8. State jurisdiction

-STATUTE-
Nothing in this subchapter shall deprive the State of Indiana or
any political subdivision thereof of its civil and criminal
jurisdiction over persons found, acts performed, and offenses
committed within the boundaries of the Indiana Dunes National
Lakeshore or of its right to tax persons, corporations, franchises,
or other non-Federal property on lands included therein.

-SOURCE-
(Pub. L. 89-761, Sec. 8, formerly Sec. 9, Nov. 5, 1966, 80 Stat.
1312; renumbered Sec. 8, Pub. L. 94-549, Sec. 1(9), Oct. 18, 1976,
90 Stat. 2533.)


-MISC1-
PRIOR PROVISIONS
A prior section 8 of Pub. L. 89-761 was renumbered section 7 and
is classified to section 460u-7 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460u-1 of this title.

-End-



-CITE-
16 USC Sec. 460u-9 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-9. Authorization of appropriations; general management
plan; submittal to Congressional committees; feasibility study

-STATUTE-
The Secretary may expend such sums as may be necessary from the
Land and Water Conservation Fund for acquisition of lands and
interests in lands, and not to exceed $27,500,000 for development:
Provided, That not more than $500,000 of said amount may be
appropriated for the development of the Paul H. Douglas
Environmental Education Center authorized pursuant to section
460u-20 of this title. By October 1, 1979, the Secretary shall
develop and transmit to the Committees on Interior and Insular
Affairs of the United States Congress a general management plan
detailing the development of the national lakeshore consistent with
the preservation objectives of this subchapter, indicating:
(1) the facilities needed to accommodate the health, safety,
and recreation needs of the visiting public;
(2) the location and estimated costs of all facilities,
together with a review of the consistency of the master plan with
State, areawide, and local governmental development plans;
(3) the projected need for any additional facilities within the
national lakeshore; and
(4) specific opportunities for citizen participation in the
planning and development of proposed facilities and in the
implementation of the general management plan generally.

The Secretary shall conduct a feasibility study of establishing
United States Highway 12 as the "Indiana Dunes Parkway" under the
jurisdiction of the National Park Service. The Secretary shall
submit the results of such study to the Committee on Interior and
Insular Affairs of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate within two years after October 29, 1986. Effective October
1, 1986, there is authorized to be appropriated such sums as may be
necessary for the purposes of conducting the feasibility study.

-SOURCE-
(Pub. L. 89-761, Sec. 9, formerly Sec. 10, Nov. 5, 1966, 80 Stat.
1312; Pub. L. 93-477, title I, Sec. 101(6), Oct. 26, 1974, 88 Stat.
1445; renumbered Sec. 9 and amended Pub. L. 94-549, Sec. 1(7), (9),
Oct. 18, 1976, 90 Stat. 2530, 2533; Pub. L. 95-625, title I, Sec.
101(16), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 96-612, Sec. 1(10),
Dec. 28, 1980, 94 Stat. 3576; Pub. L. 99-583, Sec. 1(d), Oct. 29,
1986, 100 Stat. 3319; Pub. L. 102-430, Sec. 9, Oct. 23, 1992, 106
Stat. 2210.)

-COD-
CODIFICATION
Amendment by section 101(16) of Pub. L. 95-625 was, in the
original, to section 10 of Pub. L. 89-761 but has been executed to
section 9 of Pub. L. 89-761, as the probable intent of Congress, in
view of the prior redesignation of former section 10 of Pub. L.
89-761 as section 9 by Pub. L. 94-549, Sec. 9, Oct. 18, 1976, 90
Stat. 2533.


-MISC1-
PRIOR PROVISIONS
A prior section 9 of Pub. L. 89-761 was renumbered section 8 and
is classified to section 460u-8 of this title.

AMENDMENTS
1992 - Pub. L. 102-430 substituted "The Secretary may expend such
sums as may be necessary from the Land and Water Conservation Fund
for acquisition of lands and interests in lands, and not to exceed
$27,500,000 for development:" for "The Secretary may not expend
more than $60,812,100 from the Land and Water Conservation Fund for
the acquisition of lands and interests in lands nor more than
$20,000,000 for development:"; struck out second par. which read as
follows: "In addition to any sums heretofore authorized for the
acquisitions of lands and interests in lands pursuant to the
provisions of this subchapter, there are further authorized to be
appropriated an additional $3,120,000."; and struck out first
sentence of last par. which read as follows: "In addition to any
other sums authorized for the acquisition of lands and interests in
lands pursuant to the provisions of this subchapter there are
authorized to be appropriated an additional $3,500,000 to be used
for such purposes."
1986 - Pub. L. 99-583 substituted "$20,000,000" for "$11,000,000"
and inserted provisions authorizing an additional $3,500,000 for
acquisition of property and directing the Secretary to conduct a
feasibility study of establishing Indiana Dunes Parkway.
1980 - Pub. L. 96-612 increased the amount the Secretary could
expend for land development from $9,440,000 to $11,000,000,
inserted proviso that not more than $500,000 of said amount could
be appropriated for the development of the education center, and
authorized appropriations of $3,120,000 in addition to sums already
authorized for the acquisition of lands and interests in lands.
1978 - Pub. L. 95-625 increased development appropriations
authorization to $9,440,000 from $8,500,000.
1976 - Pub. L. 94-549, Sec. 1(7), substituted provision
authorizing the Secretary to expend not more than $60,812,100 from
the Land and Water Conservation Fund for the acquisition of lands
and interest in lands and not more than $8,500,000 for development
and requiring the Secretary to develop and submit a general
management plan to the Committees on the Interior and Insular
Affairs by Oct. 1, 1979 for provision which authorized not more
than $35,526,000 for acquisition in land and interest in land.
1974 - Pub. L. 93-477 substituted "$35,526,000" for
"$27,900,000".

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460u-10 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-10. Rights-of-way and easements; existing property rights
of Northern Indiana Public Service Company

-STATUTE-
Nothing in this subchapter shall diminish any existing (as of
March 1, 1975) rights-of-way or easements which are necessary for
high voltage electrical transmission, pipelines, water mains, or
line haul railroad operations and maintenance. Nothing in this
subchapter shall be construed to diminish the existing property
rights of Northern Indiana Public Service Company (as of October 1,
1986) with respect to -
(1) a parcel of land owned in fee by the Northern Indiana
Public Service Company and used for high voltage electrical
transmission lines, pipelines, and utility purposes, beginning at
said Company's Dune Acres substation and extending east to said
Company's Michigan City Generating Station, which parcel by this
subchapter is included within the boundaries of the Indiana Dunes
National Lakeshore and herein designated as area II-I on National
Park Service Boundary Map No. 626-80,033-B, dated October 1986,
excluding that certain parcel of approximately 6.0 acres adjacent
Mineral Springs Road in areas II-I, and
(2) land owned in fee by the Northern Indiana Public Service
Company and used for high voltage electrical transmission lines,
pipelines, and utility purposes as has by this subchapter been
included within the boundaries of the Indiana Dunes National
Lakeshore and herein designated as area II-H on said National
Park Service Boundary Map No. 626-80,033-B.

-SOURCE-
(Pub. L. 89-761, Sec. 10, formerly Sec. 11, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2530, 2533;
amended Pub. L. 99-583, Sec. 1(e), Oct. 29, 1986, 100 Stat. 3319.)


-MISC1-
PRIOR PROVISIONS
A prior section 10 of Pub. L. 89-761 was renumbered section 9 and
is classified to section 460u-9 of this title.

AMENDMENTS
1986 - Pub. L. 99-583 inserted provisions relating to the
existing property rights of the Northern Indiana Public Service
Company on Oct. 1, 1986.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-11. Legal cooling, process, or surface drainage into
Little Calumet River; Federal, State or local air and water
pollution standards not affected

-STATUTE-
(a) Nothing in this subchapter shall be construed as prohibiting
any otherwise legal cooling, process, or surface drainage into the
part of the Little Calumet River located within the lakeshore:
Provided, That this subsection shall not affect nor in any way
limit the Secretary's authority and responsibility to protect park
resources.
(b) The authorization of lands to be added to the lakeshore by
the Ninety-fourth Congress and the administration of such lands as
part of the lakeshore shall in and of itself in no way operate to
render more restrictive the application of Federal, State, or local
air and water pollution standards to the uses of property outside
the boundaries of the lakeshore, nor shall it be construed to
augment the control of water and air pollution sources in the State
of Indiana beyond that required pursuant to applicable Federal,
State, or local law.

-SOURCE-
(Pub. L. 89-761, Sec. 11, formerly Sec. 12, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531,
2533.)

-End-



-CITE-
16 USC Sec. 460u-12 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-12. Repealed. Pub. L. 102-430, Sec. 3(b), Oct. 23, 1992,
106 Stat. 2208

-MISC1-
Section, Pub. L. 89-761, Sec. 12, formerly Sec. 13, as added and
renumbered Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat.
2531, 2533, related to acquisition of area III-B for not more than
$800,000.

-End-



-CITE-
16 USC Sec. 460u-13 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-13. Acquisition of area I-C; owner consent required

-STATUTE-
(a) The Secretary may acquire that portion of area I-C which is
shaded on the map referred to in section 460u-3 of this title,
dated December 1980 and numbered 626-91014 only with the consent of
the owner unless the present owner attempts to sell or otherwise
dispose of such area.
(b) The Secretary may acquire that portion of area IV-B in
private ownership on the map referred to in section 460u of this
title only with the consent of the owner: Provided, That the
Secretary may acquire an agricultural easement should the owner
change the use in existence as of September 19, 1986, through
eminent domain.

-SOURCE-
(Pub. L. 89-761, Sec. 13, formerly Sec. 14, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533;
amended Pub. L. 99-583, Sec. 1(f), Oct. 29, 1986, 100 Stat. 3320.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-583 designated existing provisions as subsec.
(a), substituted "460u-3 of this title, dated December 1980 and
numbered 626-91014" for "460u of this title", and added subsec.
(b).

-End-



-CITE-
16 USC Sec. 460u-14 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-14. Plan, lands acquired, land acquisition program;
submittal to Congressional committees

-STATUTE-
Within one year after October 18, 1976, the Secretary shall
submit, in writing, to the Committees on Interior and Insular
Affairs and to the Committees on Appropriations of the United
States Congress a detailed plan which shall indicate -
(1) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for administration for the
purpose of the lakeshore; and
(2) the annual acquisition program (including the level of
funding) which he recommends for the ensuing five fiscal years.

-SOURCE-
(Pub. L. 89-761, Sec. 14, formerly Sec. 15, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531,
2533.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate abolished
and replaced by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of
the Senate, as amended by Senate Resolution No. 4 (popularly cited
as the "Committee System Reorganization Amendments of 1977"),
approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460u-15 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-15. Rights-of-way; public access to Little Calumet River

-STATUTE-
The Secretary may acquire only such interest in the right-of-way
designated "Crossing A" on map numbered 626-91007 as he determines
to be necessary to assure public access to the banks of the Little
Calumet River within fifty feet north and south of the centerline
of said river. The Secretary may acquire only such interest in the
rights-of-way designated "Crossing B" and "Crossing C" on the map
dated October 1986 and numbered 626-80,033-B as he determines to be
necessary to assure public access to the banks of the Little
Calumet River and the banks of Salt Creek within fifty feet on
either side of the centerline of said river and creek.

-SOURCE-
(Pub. L. 89-761, Sec. 15, formerly Sec. 16, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533;
amended Pub. L. 99-583, Sec. 1(h), Oct. 29, 1986, 100 Stat. 3320.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-583 inserted provisions relating to acquisition
of interests in the rights-of-way designated Crossing B and
Crossing C.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-16. Road construction cooperative agreements with
landowners north of Little Calumet River; prevention of soil
erosion; minimization of aural and visual impact

-STATUTE-
The Secretary shall enter into a cooperative agreement with the
landowner of those lands north of the Little Calumet River between
the Penn Central Railroad bridge within area II-E and "Crossing A"
within area IV-C on the map referred to in section 460u-3 of this
title, dated October 1976, and numbered 626-9100. Such agreement
shall provide that any roadway constructed by the landowner south
of United States Route 12 within such vicinity shall include
grading, landscaping, and plantings of vegetation designed to
prevent soil erosion and to minimize the aural and visual impacts
of said construction, and of traffic on such roadway, as perceived
from the Little Calumet River.

-SOURCE-
(Pub. L. 89-761, Sec. 16, formerly Sec. 17, as added and renumbered
Pub. L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533;
amended Pub. L. 99-583, Sec. 1(g), Oct. 29, 1986, 100 Stat. 3320.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-583 inserted provisions relating to the map
referred to in section 460u-3 of this title.

-End-



-CITE-
16 USC Sec. 460u-17 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX - INDIANA DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460u-17. Lands within area I-E used forsolid waste disposal (continued)