§ 460u-3. — "Improved property" and "appropriate map" defined; terms and conditions for rights of use and occupancy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460u-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
Sec. 460u-3. ``Improved property'' and ``appropriate map''
defined; terms and conditions for rights of use and occupancy
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- October 1, 1991
80,039-C
Dated October 1986, No. 626- February 1, 1986
80,033-B
Dated December 1980, No. 626- January 1, 1981
91014
Dated September 1976, No. 626- February 1, 1973
91007
Dated September 1966, No. January 4, 1965
LNPNE-1008-ID
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.
(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.)
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, <greek-i>626-80,033- February 1, 1986
B.
Dated December 1980, <greek-i>626-91014 January 1, 1981
Dated September 1976, <greek-i>626- February 1, 1973
91007.
Dated September 1966, <greek-i>LNPNE- January 4, 1965''.
1008-ID.
------------------------------------------------------------------------
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.
Section Referred to in Other Sections
This section is referred to in sections 460u-5, 460u-7, 460u-13,
460u-16 of this title.
