Loading (50 kb)...'

(continued)
(a) protection of scenic, scientific, historic, geological, and
archeological features contributing to public education,
inspiration, and enjoyment:
(b) development of facilities to provide the benefits of public
recreation together with such access roads as he deems
appropriate; and
(c) preservation of the unique flora and fauna and the
physiographic and geologic conditions now prevailing on the
Apostle Islands within the lakeshore: Provided, That the
Secretary may provide for the public enjoyment and understanding
of the unique natural, historical, scientific, and archeological
features of the Apostle Islands through the establishment of such
trails, observation points, exhibits, and services as he may deem
desirable.

-SOURCE-
(Pub. L. 91-424, Sec. 7, Sept. 26, 1970, 84 Stat. 881.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXI - APOSTLE ISLANDS NATIONAL LAKESHORE

-HEAD-
Sec. 460w-7. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated not more than $5,250,000
for the acquisition of lands and interests in lands and not more
than $5,000,000 for the development of the Apostle Islands National
Lakeshore. Effective October 1, 1986, there are authorized to be
appropriated such additional sums as may be necessary for the
acquisition of the lands described in section 460w(b) of this
title.

-SOURCE-
(Pub. L. 91-424, Sec. 8, Sept. 26, 1970, 84 Stat. 881; Pub. L.
93-477, title I, Sec. 101(11), Oct. 26, 1974, 88 Stat. 1445; Pub.
L. 99-497, Sec. 1(4), Oct. 17, 1986, 100 Stat. 1267.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-497 inserted provision authorizing additional
sums to be appropriated as necessary for acquisition of lands
described in section 460w(b) of this title.
1974 - Pub. L. 93-477 substituted "$5,250,000" for "$4,250,000".

-End-


-CITE-
16 USC SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL
LAKESHORE 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x. Establishment

-STATUTE-
(a) Purpose; administration
The Congress finds that certain outstanding natural features,
including forests, beaches, dune formations, and ancient glacial
phenomena, exist along the mainland shore of Lake Michigan and on
certain nearby islands in Benzie and Leelanau Counties, Michigan,
and that such features ought to be preserved in their natural
setting and protected from developments and uses which would
destroy the scenic beauty and natural character of the area. In
order to accomplish this purpose for the benefit, inspiration,
education, recreation, and enjoyment of the public, the Secretary
of the Interior (hereinafter referred to as the "Secretary") is
authorized to take appropriate action, as herein provided, to
establish in the State of Michigan the Sleeping Bear Dunes National
Lakeshore. In carrying out the provisions of this subchapter, the
Secretary shall administer and protect the Sleeping Bear Dunes
National Lakeshore in a manner which provides for recreational
opportunities consistent with the maximum protection of the natural
environment within the area.
(b) Cooperation between Federal, State, and local governments
In preserving the lakeshore and stabilizing its development,
substantial reliance shall be placed on cooperation between
Federal, State, and local governments to apply sound principles of
land use planning and zoning. In developing the lakeshore, full
recognition shall be given to protecting the private properties for
the enjoyment of the owners.

-SOURCE-
(Pub. L. 91-479, Sec. 1, Oct. 21, 1970, 84 Stat. 1075.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-1. Description of area

-STATUTE-
(a) In general
The Sleeping Bear Dunes National Lakeshore (hereinafter referred
to as the "lakeshore") shall comprise the land and water area
generally depicted on the map entitled "A Proposed Sleeping Bear
Dunes National Lakeshore Boundary Map", numbered NL-SBD-91,000 and
dated May 1969, which shall be on file and available for public
inspection in the offices of the National Park Service of the
Department of the Interior.
(b) Establishment; notice in Federal Register
As soon as practicable after October 21, 1970, and following the
acquisition by the Secretary of those lands owned by the State of
Michigan within the boundaries of the area designated for inclusion
in the lakeshore (excepting not to exceed three hundred acres in
the Platte Bay area) and of such additional lands, if any, as are
necessary to provide an area which in his opinion is efficiently
administrable for the purposes of this subchapter, he shall
establish the Sleeping Bear Dunes National Lakeshore by publication
of notice thereof in the Federal Register.

-SOURCE-
(Pub. L. 91-479, Sec. 2, Oct. 21, 1970, 84 Stat. 1075.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460x-3, 460x-11 of this
title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-2. Designation of lakeshore areas

-STATUTE-
(a) Area categories; publication in Federal Register
Within thirty days, or as soon as possible thereafter, after
October 21, 1970, the Secretary shall publish in the Federal
Register a map or other description of the lakeshore delineating
areas constituting the following categories:
Category I, public use and development areas.
Category II, environmental conservation areas.
Category III, private use and development areas.
(b) Acquisition of lands and interests therein of category I areas
Lands and interests therein designated as category I may be
acquired by the Secretary in accordance with section 460x-7 of this
title.
(c) Designation of lands as within categories II and III for
acquisition by Secretary; publication in Federal Register
Within one hundred and fifty days after October 21, 1970, the
Secretary shall publish in the Federal Register an additional map
or other description of those lands, if any, designated as within
categories II and III for acquisition by him in fee in accordance
with section 460x-7 of this title.
(d) Acquisition of interests in lands designated as category II;
limitations
Except as provided in subsection (f) of this section, the
Secretary may, after the publication provided for in subsection (c)
of this section, acquire only such interests in lands designated as
category II, other than those to be acquired in fee simple, as he
deems appropriate to insure the continued conservation and
preservation of the environmental quality of the lakeshore.
(e) Acquisition of interests in lands designated as category III;
limitations
Except as provided in subsection (f) of this section, the
Secretary may, after the publication provided for in subsection (c)
of this section, acquire only such interests in lands designated as
category III, other than those lands to be acquired in fee simple,
as he deems appropriate to protect lands designated for
acquisition.
(f) Restrictions on use and development of real property in
categories II and III; notification of owners by Secretary of
minimum restrictions on use and development for retention of
property; compliance with restrictions as barring acquisition by
Secretary; applicability to owners not notified by Secretary;
acquisition from owners not agreeing to use of property in
accordance with notice; acquisition of fee simple title
Not later than one hundred and fifty days after October 21, 1970,
the Secretary shall notify owners of real property in categories II
and III, other than property designated by him for fee acquisition,
of the minimum restrictions on use and development of such property
under which such property can be retained in a manner compatible
with the purpose for which the lakeshore was established. If the
owner of any real property in categories II and III agrees to the
use and development of his property in accordance with such
restrictions, the Secretary may not acquire, without the consent of
such owner, such property or interests therein for so long as the
property affected is used in accordance with such restrictions,
unless he determines that such property is needed for public use
development. The foregoing limitations on acquisition shall also
apply to any owners of real property to whom the Secretary did not,
within the time set forth, give such a notice, except that if any
property owner has not, within ninety days of the notice agreed to
use the property in accordance with the notice, then the Secretary
may acquire, without limitation, fee or lesser interests in
property by any of the methods set forth in section 460x-7 of this
title: Provided, That nothing contained in subsections (d) and (e)
of this section, and in this subsection, which limits the
acquisition of the fee simple title to property within the
lakeshore, shall prevent the Secretary from acquiring, without the
consent of the owner, the fee simple title whenever in the
Secretary's judgment the estimated cost of acquiring the lesser
interest would be a substantial percentage of the estimated cost of
acquiring the fee simple title.

-SOURCE-
(Pub. L. 91-479, Sec. 3, Oct. 21, 1970, 84 Stat. 1075.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-3. Sleeping Bear Dunes National Lakeshore Advisory
Commission

-STATUTE-
(a) Establishment; termination
There is hereby established a Sleeping Bear Dunes National
Lakeshore Advisory Commission. The Commission shall cease to exist
twenty years after the establishment of the lakeshore pursuant to
section 460x-1 of this title.
(b) Membership; appointment; term of office; recommendation or
designation of appointees
The Commission shall be composed of ten members, each appointed
for a term of two years by the Secretary, as follows:
(1) Four members to be appointed from recommendations made by
the counties in which the lakeshore is situated, two members to
represent each such county;
(2) Four members to be appointed from recommendations made by
the Governor of the State of Michigan; and
(3) Two members 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 expenses 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 consult with the Commission
with respect to -
(1) matters relating to the development of the lakeshore and
with respect to the provisions of sections 460x-8, 460x-11, and
460x-12 of this title; and
(2) matters relating to the implementation of the General
Management Plan provided for in section 460x-5(b) of this title.

-SOURCE-
(Pub. L. 91-479, Sec. 4, Oct. 21, 1970, 84 Stat. 1076; Pub. L.
100-558, Oct. 28, 1988, 102 Stat. 2796.)


-MISC1-
AMENDMENTS
1988 - Subsec. (a). Pub. L. 100-558, Sec. 1(1), substituted
"twenty" for "ten".
Subsec. (e). Pub. L. 100-558, Sec. 1(2), amended subsec. (e)
generally, designating existing provisions as par. (1) and adding
par. (2).

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-4. Hunting and fishing; issuance of regulations

-STATUTE-
In administering the lakeshore the Secretary shall permit hunting
and fishing on lands and waters under his jurisdiction in
accordance with the laws of the State of Michigan and the United
States applicable thereto. The Secretary, after consultation with
the appropriate agency of the State of Michigan, may designate
zones and establish periods where and when no hunting shall be
permitted for reasons of public safety, administration, or public
use and enjoyment and issue regulations, consistent with this
section, as he may determine necessary to carry out the purposes of
this section.

-SOURCE-
(Pub. L. 91-479, Sec. 5, Oct. 21, 1970, 84 Stat. 1076.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-5. Administration, protection, and development

-STATUTE-
(a) Applicability of provisions; utilization of statutory
authorities
The administration, protection, and development of the lakeshore
shall be exercised by the Secretary, subject to the provisions of
this subchapter and of sections 1, 2, 3, and 4 of this title, as
amended and supplemented, relating to the areas administered and
supervised by the Secretary through the National Park Service;
except that authority otherwise available to the Secretary for the
conservation and management of natural resources may be utilized to
the extent he finds such authority will further the purposes of
this subchapter.
(b) Land and water use management plan; preparation and
implementation by Secretary; required provisions
In the administration, protection, and development of the area,
the Secretary shall prepare and implement a land and water use
management plan, which shall include specific provisions for -
(1) development of facilities to provide the benefits of public
recreation;
(2) protection of scenic, scientific, and historic features
contributing to public enjoyment; and
(3) such protection, management, and utilization of renewable
natural resources as in the judgment of the Secretary is
consistent with, and will further the purpose of, public
recreation and protection of scenic, scientific, and historic
features contributing to public enjoyment.
(c) Area review by Secretary; report to President; recommendations
for preservation of any area within lakeshore as wilderness;
designation as a wilderness
Within four years from October 21, 1970, the Secretary of the
Interior shall review the area within the Sleeping Bear Dunes
National Lakeshore and shall report to the President, in accordance
with subsections (c) and (d) of section 1132 of this title, his
recommendation as to the suitability or nonsuitability of any area
within the lakeshore for preservation as wilderness, and any
designation of any such area as a wilderness shall be accomplished
in accordance with said subsections.
(d) Public use areas; preservation of rights of owner or occupant
of improved property located within public use area
In developing the lakeshore the Secretary shall provide public
use areas in such places and manner as he determines will not
diminish the value or enjoyment for the owner or occupant of any
improved property located thereon.

-SOURCE-
(Pub. L. 91-479, Sec. 6, Oct. 21, 1970, 84 Stat. 1077.)

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-6. Taxing power

-STATUTE-
Nothing in this subchapter shall be construed as prohibiting any
governmental jurisdiction in the State of Michigan from assessing
taxes upon any interest in real estate retained under the
provisions of section 460x-9 of this title to the owner of such
interest.

-SOURCE-
(Pub. L. 91-479, Sec. 7, Oct. 21, 1970, 84 Stat. 1077.)

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-7. Acquisition of property

-STATUTE-
(a) Authority of Secretary; manner of acquisition; procedure for
lands partly within designated area
The Secretary is authorized to acquire by donation, purchase with
donated or appropriated funds, transfer funds, transfer from any
Federal agency, or exchange lands and interests therein for the
purposes of this subchapter. When an individual tract of land is
only partly within the area designated, the Secretary may acquire
the entire tract by any of the above methods to avoid the payment
of severance costs. Land so acquired outside the designated area
may be exchanged by the Secretary for non-Federal lands within such
area, and any portion of the land not utilized for such exchanges
may be disposed of in accordance with the provisions of the Federal
Property and Administrative Services Act of 1949.
(b) Sale offers; hardship from delay; time and manner of purchase
In exercising his authority to acquire property under this
subchapter, the Secretary shall give immediate and careful
consideration to any offer made by an individual owning property
within the lakeshore to sell such property to the Secretary. An
individual owning property within the lakeshore may notify the
Secretary that the continued ownership by such individual of that
property would result in hardship to him, and the Secretary shall
immediately consider such evidence and shall within one year
following the submission of such notice, subject to the
availability of funds, purchase such property offered for a price
which does not exceed its fair market value.
(c) State donations; transfer from Federal agency to administrative
jurisdiction of Secretary
Any property or interests therein, owned by the State of Michigan
or any political subdivisions thereof, may be acquired only by
donation. Notwithstanding any other provision of law, any property
owned by the United States on October 21, 1970, located within such
area may, with the concurrence of the agency having custody
thereof, be transferred without consideration to the administrative
jurisdiction of the Secretary for use by him in carrying out the
provisions of this subchapter.
(d) Initiation of condemnation proceedings subsequent to failure of
Secretary to negotiate for purchase of property; certificate of
compliance with negotiation procedure
With respect to that property which the Secretary is authorized
to acquire by condemnation under the terms of this subchapter, the
Secretary shall initiate no condemnation proceedings until after he
has made every reasonable effort to acquire such property by
negotiation and purchase. The certificate of the determination by
the Secretary or his designated representative that there has been
compliance with the provisions of this subsection and of subsection
(b) of this section shall be prima facie evidence of such
compliance.
(e) Condemnation to acquire clear, marketable, and encumbrance-free
title
Nothing in this subchapter shall be construed to prohibit the use
of condemnation as a means of acquiring a clear and marketable
title, free of any and all encumbrances.

-SOURCE-
(Pub. L. 91-479, Sec. 8, Oct. 21, 1970, 84 Stat. 1077.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460x-2 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-8. Zoning bylaws

-STATUTE-
(a) Authority of Secretary to assist any township or county in or
adjacent to lakeshore; payments for technical aid
The Secretary shall, at the request of any township or county in
or adjacent to the lakeshore affected by this subchapter, assist
and consult with the appropriate officers and employees of such
township or county in establishing zoning bylaws for the purpose of
this subchapter. Such assistance may include payments to the county
or township for technical aid.
(b) Suspension of condemnation power over improved property
No improved property within the area designated for inclusion in
the lakeshore shall be acquired by the Secretary by condemnation so
long as the affected county or township has in force and applicable
thereto a duly adopted, valid zoning bylaw approved by the
Secretary in accordance with the provisions of subsection (d) of
this section and the use of improved property is in compliance
therewith. In the event that the affected county or township does
not have in effect and applicable to any improved property a duly
adopted, valid zoning bylaw so approved, the Secretary shall be
prohibited from acquiring such property by condemnation, if the
owner thereof notifies the Secretary in writing of such owner's
agreement to use his property in a manner consistent with the
applicable standard set forth in subsection (d) of this section,
and such prohibition against condemnation shall remain in effect
for so long as such property is so used.
(c) Notification of owner by Secretary of use of property
inconsistent with applicable bylaws or standards; requirements of
notice; discontinuance of use by owner; condemnation upon failure
to discontinue use
If the Secretary determines that any such property referred to in
subsection (b) of this section covered by any such bylaw is being
used in a way which is not in substantial compliance with such
bylaw, or that any such property referred to in subsection (b) of
this section with respect to which an agreement has been made is
being used in a manner which is not substantially consistent with
such applicable standards, he shall so notify the owner of any such
property in writing. Such notice shall contain a detailed statement
as to why the Secretary believes that such use is not in
substantial compliance with such zoning bylaw or why such use is
not substantially consistent with such applicable standards, as the
case may be. Any such owner shall have sixty days following the
receipt by him of that written notification within which to
discontinue the use referred to in such notification.
Discontinuance of such use within such sixty-day period shall have
the effect of prohibiting the Secretary from acquiring such
property by condemnation by reason of such use. In any case in
which such use is not discontinued within such sixty-day period.
The Secretary may, in his discretion, acquire such property by
condemnation.
(d) Conditions for approval by Secretary
Any zoning bylaw or amendment thereto submitted to the Secretary
for approval for the purposes of this subchapter shall be approved
by him if such bylaw or amendment contains provisions which -
(1) contribute to the effect of prohibiting the commercial and
industrial use (other than a use for a commercial purpose as
authorized under section 460x-12 of this title) of all property
within the boundaries of such area which is situated within the
county or township adopting such bylaw or amendment;
(2) are consistent with the objectives and purposes of this
subchapter so that, to the extent possible under Michigan law,
the scenic and scientific values of the lakeshore area will be
protected;
(3) are designed to preserve the lakeshore character of the
area by appropriate restrictions upon the burning of cover,
cutting of timber (except tracts managed for sustained yield),
removal of sand or gravel, and dumping, storage, or piling of
refuse and other unsightly objects or other uses which would
detract from the natural or traditional lakeshore scene;
(4) provide that no construction, reconstruction, moving,
alteration, or enlargement of any property, including improved
property as defined in this subchapter, within the lakeshore area
shall be permitted, if such construction, reconstruction, moving,
alteration, or enlargement would afford less than a fifty-foot
setback from all streets measured at a right angle with the
street line, and a twenty-five-foot distance from all contiguous
properties. Any owner or zoning authority may request the
Secretary of the Interior to determine whether a proposed move,
alteration, construction, reconstruction, or enlargement of any
such property would subject such property to acquisition by
condemnation, and the Secretary, within sixty days of the receipt
of such request, shall advise the owner or zoning authority in
writing whether the intended use will subject the property to
acquisition by condemnation; and
(5) have the effect of providing that the Secretary shall
receive notice of any variance granted under, and of any
exception made to the application of, such bylaw or amendment.
(e) Withdrawal or revocation of approval by Secretary; retroactive
effect
The approval of any bylaw or amendment pursuant to subsection (d)
of this section shall not be withdrawn or revoked by the Secretary
for so long as such bylaw or amendment remains in effect as
approved. Any such bylaw or amendment so approved shall not be
retroactive in its application.

-SOURCE-
(Pub. L. 91-479, Sec. 9, Oct. 21, 1970, 84 Stat. 1078.)

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

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-9. Right of retention of residential use in improved
lands

-STATUTE-
(a) Limited term; conforming use; payment for right; sale or lease
of right
Any owner or owners of improved property situated within the area
designated for inclusion in the lakeshore on the date of its
acquisition by the Secretary may, as a condition of such
acquisition, retain, for a term of not to exceed twenty-five years,
or for a term ending at the death of such owner or owners, the
right of use and occupancy of such property for any residential
purpose which is not incompatible with the purposes of this
subchapter, or which does not impair the usefulness and
attractiveness of the area designated for inclusion. The Secretary
shall pay to the owner the value of the property on the date of
such acquisition, less the value on such date of the right retained
by the owner. 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 in
accordance with the provisions of this section.
(b) Option to retain use of land; notice to Secretary; payment
Any person who is -
(1) an owner of improved property described in section
460x-10(a)(2) of this title which is situated within the area
designated for inclusion in the lakeshore on the date of its
acquisition by the Secretary; or
(2) an occupier of improved property described in section
460x-10(a)(2) of this title which is situated within the area
designated for inclusion in the lakeshore on the date of its
acquisition by the Secretary, in situations where the fee
ownership of such improved property has been heretofore acquired
by the United States (whether by donation, purchase,
condemnation, exchange or otherwise);

may retain, for a term not to exceed twenty-five years from January
1, 1973, or for a term ending on the death of such owner or
occupier, the right of use or occupancy of such property for any
residential purpose which is not incompatible with the purposes of
this subchapter or which does not impair the usefulness and
attractiveness of the area designated for inclusion. Such owner or
occupier must notify the Secretary of any intention to exercise
such option within 60 days after receipt of the notice referred to
in section 460x-10(c)(3) of this title. In situations where the
United States has not heretofore acquired fee title to the improved
property, the Secretary shall pay to the owner the value of the
property on the date of such acquisition, less the value on such
date of the right retained by the owner. In situations where the
United States has heretofore acquired fee title to the improved
property, the occupier may notify the Secretary that such occupier
elects to retain continued use and occupancy of such property
pursuant to this section, in which event the occupier shall pay to
the Secretary the value of the additional right retained, which
value shall be based upon the value of the property at the time of
its acquisition by the Secretary.
(c) Limitation on use in instrument evidencing right; Secretary's
power of termination of right
Any deed or other instrument used to transfer title to property,
with respect to which a right of use and occupancy is retained
under this section, and any instrument evidencing any right of use
and occupancy retained by any occupier under this section, shall
provide that such property shall not be used for any purpose which
is incompatible with purposes of this subchapter, or which impairs
the usefulness and attractiveness of such area, and if it should be
so used, that the Secretary many (!1) terminate such right. In the
event the Secretary exercises his power of termination under this
subsection he shall pay to the owner of the right terminated an
amount equal to the value of that portion of such right which
remained unexpired on the date of such termination.

(d) Transfer of right to member of immediate family; owner option
to terminate; payment by Secretary; "member of the immediate
family" defined
(1) Any owner or occupier of improved property who retains a
right of use and occupancy under subsection (b) of this section may
convey or lease such right during its existence to a member of such
owner or occupier's immediate family for noncommercial residential
purposes which are not incompatible with the purposes of this
subchapter and which do not impair the usefulness and
attractiveness of the area designated for inclusion.
(2) Any owner or occupier of improved property who has retained a
right of use and occupancy under subsection (b) of this section may
terminate such right at any time, and the Secretary shall pay,
within 120 days after the date of such termination, to the owner of
the right terminated an amount equal to the value of that portion
of such right which remained unexpired on the date of such
termination.
(3) As used in this subchapter, the term "member of the immediate
family" means spouse, brother, sister, or child, including persons
bearing such relationships through adoption, and step-child.

-SOURCE-
(Pub. L. 91-479, Sec. 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L.
97-361, Sec. 1, Oct. 22, 1982, 96 Stat. 1720.)


-MISC1-
AMENDMENTS
1982 - Subsec. (b). Pub. L. 97-361 substituted provisions
granting owners and occupiers of improved lakeshore property
described in section 460x-10 of this title the right of retention
of a compatible residential use for a limited term upon
notification of the Secretary and payment for the right retained
for former provisions which were redesignated as subsec. (c) and
amended.
Subsec. (c). Pub. L. 97-361 redesignated subsec. (b) as (c), and
amended it to apply expressly to any instrument evidencing any
right of use and occupancy retained by any occupier under this
section.
Subsec. (d). Pub. L. 97-361 added subsec. (d).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460x-6, 460x-10 of this
title.

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


-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-10. Improved property

-STATUTE-
(a) General definition
As used in this subchapter, the term "improved property" means a
detached, one-family dwelling, construction of which -
(1) was begun before December 31, 1964, or
(2) for the purposes of section 460x-9(b) or (d) of this title,
was begun on or after December 31, 1964, and before October 21,
1970, and has been openly and continuously used, at least during
the summer months of each year when similar dwellings in the area
are used, as a residential dwelling since such construction was
completed, and with respect to the portion of such period after
any acquisition of such property by the United States, by the
owner, or a member of the immediate family of the owner, of such
dwelling on the date of such acquisition,

together with so much of the land on which the dwelling is
situated, such 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. The amount
of land so designated shall in every case be at least three acres
in area, or all of such lesser acreage as may be held in the same
ownership as the dwelling, 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.
(b) Authorization to exclude beach lands
The Secretary may exclude from the land designated under
subsection (a) of this section any beach or waters on Lake
Michigan, together with so much of the land adjoining any such
beach or waters as the Secretary may deem necessary for public
access thereto. If the Secretary makes such exclusion, an
appropriate buffer zone shall be provided between any residence and
the public access or beach.
(c) Authorization to exclude recently improved property;
termination, compensation, and notice
(1) The Secretary may exclude from the category of "improved
property" under this subchapter any property described in
subsection (a)(2) of this section which the Secretary determines is
in an area required for public use or development in the immediate
future. In making any such determination the Secretary shall take
into account the proximity of such property to any other improved
property, the development or public use of the lakeshore and the
related timetable therefor, and the anticipated availability in the
immediate future of funds related to such development or public
use.
(2)(A) With respect to any improved property, as defined in
subsection (a)(2) of this section, with respect to which the
occupier has retained a right of use and occupancy under section
460x-9(b) of this title, the Secretary may terminate such right 90
days after notifying in writing the occupier, if the Secretary
determines that such improved property is needed for public use or
development under this subchapter. In making any such determination
the Secretary shall take into account the proximity of such
property to any other improved property, the development or public
use requirements of the lakeshore and related timetable therefor,
and the current availability of funds for the proposed public use
or development.
(B) The Secretary shall pay to the owner of the right terminated
an amount equal to the value of that portion of such right which
remained unexpired on the date of such termination.
(3)(A) The Secretary must, within 60 days after October 22, 1982,
notify in writing any owner or occupier of property described in
subsection (a)(2) of this section that an option to retain rights
with respect to such property exists under section 460x-9(b) of
this title, whether such property shall be subject to any action by
the Secretary under paragraph (1) of this subsection, the nature of
such proposed action, the reasons for such proposed action, and the
contemplated timetable therefor.
(B) With respect to any proposed action to be taken under
paragraph (2) of this subsection, if the Secretary determines
within 60 days after October 22, 1982, after taking into account
timetable and funding projections, that, consistent with the
General Management Plan dated October 1979, public use or
development is anticipated before 1998 for an area containing any
improved property described in subsection (a)(2) of this section,
the Secretary shall include notice of such determination in any
notification under subparagraph (A) of this paragraph. Any failure
of the Secretary to so notify an occupier pursuant to this
subparagraph shall not preclude the Secretary from taking action
under paragraph (2) at some future date.

-SOURCE-
(Pub. L. 91-479, Sec. 11, Oct. 21, 1970, 84 Stat. 1080; Pub. L.
97-361, Sec. 2, Oct. 22, 1982, 96 Stat. 1721.)


-MISC1-
AMENDMENTS
1982 - Pub. L. 97-361 designated existing provisions up to the
proviso as subsec. (a), added cl. (2), designated existing proviso
as subsec. (b), and added subsec. (c).

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460x-9 of this title.

-End-



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

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII - SLEEPING BEAR DUNES NATIONAL LAKESHORE

-HEAD-
Sec. 460x-11. Scenic roads

-STATUTE-
(a) Authority of Secretary for construction, administration, and
procurement of land
In order to facilitate visitor travel, provide scenic overlooks
for public enjoyment and interpretation of the national lakeshore
and related features, and in order to enhance recreational
opportunities, the Secretary is authorized to construct and
administer as a part of the national lakeshore scenic roads of
parkway standards generally lying within Benzie County and within
the parkway zone designated on the map specified in section
460x-1(a) of this title. Such scenic roads shall include necessary
connections, bridges, and other structural utilities.
Notwithstanding any other provision of this subchapter, the
Secretary may procure for this purpose land, or interest therein,
by donation, purchase with appropriated or donated funds, or
otherwise: Provided, That land and interest so procured shall not
exceed one hundred and fifty acres per mile of scenic road, except
that tracts may be procured in their entirety in order to avoid
severances. Property so acquired in excess of the acreage
limitation provided in this section may be exchanged by the
Secretary for any land of approximately equal value authorized for
acquisition by this subchapter.
(b) Exchange or sale of lands in Leelanau County
Except as provided in subsection (c) of this section, any lands
in Leelanau County acquired by the Secretary under this section
before October 22, 1982, which are within the parkway zone depicted
on the map specified in section 460x-1(a) of this title but which
are not within, or contiguous to, the lakeshore zone as depicted on
such map may be exchanged by the Secretary for other lands of
approximately equal value in the lakeshore. If the Secretary is
unable to effect such an exchange, such lands may be offered for
sale to the person who owned such lands immediately before their
acquisition by the Secretary. If such previous owner declines such
offer, the Secretary may sell such lands to any buyer. Proceeds
from any sale under this subsection shall be credited to the
account established under section 17 of this Act.
(c) Administration of certain lands as Resource Preservation Areas
The Secretary is authorized to obtain and administer, according
to the provisions of this section, as a part of the lakeshore as
Resource Preservation Areas certain interests in the following
lands:
(1) Approximately 600 acres designated as "Miller Hill" on the
map numbered 634-91,001, dated September 1982.
(2) Approximately 975 acres as designated as "Bow Lakes" on the
map numbered 634-91-002, dated September 1982.
(d) Preservation of scenic values in certain lands; use of lands
for educational purposes
(1) The Secretary may obtain fee title under subsection (e) of
this section to lands described in subsection (c)(1) of this
section or easements or other restrictive agreements for the
preservation of scenic values in such lands.
(2) The Secretary may obtain fee title under subsection (e) of
this section to lands described in subsection (c)(2) of this
section, or public access easements or other restrictive agreements
consistent with use of such lands for educational purposes and for
research and interpretation of natural features.
(e) Manner of acquiring fee title or lesser interest in land
(1) Except as provided under paragraph (4), the Secretary may
obtain fee title or other lesser interests to lands described in
subsection (c) of this section only -
(A) by gift, donation, or bequest;
(B) by purchase from a willing seller under paragraph (2); or
(C) as an exercise of a right of first refusal under paragraph
(3).

(2) The Secretary may negotiate with willing sellers for the
transfer of fee title to other lesser interests to lands described
in subsection (c) of this section. If the Secretary and such
willing seller are unable to agree to a fair purchase price, that
question may, by mutual consent be submitted to the appropriate
United States District Court for adjudication.
(3) If the owner of any lands described in subsection (c) of this
section intends to transfer any interest in such lands except by
gift, donation, or bequest, such owner must notify the Secretary of
such intention. The Secretary shall have 90 days after notification
in which to exercise a right of first refusal to match any bona
fide offer to obtain such interest under the same terms and
conditions as are contained in such offer. If the Secretary has not
exercised such right within 90 days, the owner may transfer such
interest.
(4) Condemnation may be used with respect to any lands described
in subsection (c) of this section only -
(A) to clear title if necessary for any transfer to the
Secretary under this subsection; or
(B) to purchase fee title or such lesser interest as may be
sufficient to prevent significant damage to the scenic, soil, or
water resources of the lakeshore. Action under this subparagraph
shall be used only after attempts to negotiate a solution to the
problem have failed. If the Secretary determines that such
attempts have failed, the Secretary shall notify in writing the
owner of the property involved of the proposed action to be taken
under this subparagraph and the Secretary shall seek an
injunction to prevent such resource damage. The Secretary may at
any time, and if an injunction is granted under this subparagraph
the Secretary shall within 30 days after the date of such
injunction, send in writing to the owner of the property the
Secretary's best and final offer for the purchase of such
property. If the owner does not accept such offer, the Secretary
may file for condemnation. The Secretary must notify the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Natural Resources of the United
States House of Representatives of any action taken under this
subparagraph.
(f) Zoning restrictions for protection of scenic resources
(1) The Secretary shall enter into discussions with appropriate
local government officials to develop mutually agreeable zoning
restrictions for the protection of scenic resources with respect to
the lands described in subsection (c)(1) of this section.
(2) The Secretary shall enter into discussions with appropriate
State and local officials responsible for the administration of the
Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979)
to ensure the protection of natural resources with respect to the
lands described in subsection (c)(2) of this section.
(g) Inclusion of certain lands as part of lakeshore
If the owner of the area designated as "The Kettle" in the
General Management Plan dated October 1, 1979, and comprising 240
acres, agrees to donate fee title or a scenic easement to, or other
less than fee interest in, such area, the lands in such area may be
included as a part of the lakeshore upon publication in the Federal
Register by the Secretary of a revised map of the lakeshore which (continued)