§ 460x-11. — Scenic roads.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460x-11]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-11. Scenic roads
(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 includes such lands.
(h) Road maintenance and other services
The Secretary may, upon request in writing by any owner or occupier
of lands in the lakeshore, provide services, such as road maintenance,
subject to reimbursement.
(Pub. L. 91-479, Sec. 12, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97-361,
Sec. 3, Oct. 22, 1982, 96 Stat. 1722; Pub. L. 103-437, Sec. 6(d)(17),
Nov. 2, 1994, 108 Stat. 4584.)
References in Text
Section 17 of this Act, referred to in subsec. (b), probably means
proposed section 17 of Pub. L. 91-479, which was contained in H.R. 3787,
97th Congress, 2d Session, as reported in House Report No. 97-882, page
4, but was omitted in the final version enacted by Congress as Pub. L.
97-361.
Amendments
1994--Subsec. (e)(4)(B). Pub. L. 103-437 substituted ``Natural
Resources'' for ``Interior and Insular Affairs'' after ``Committee on''.
1982--Pub. L. 97-361 designated existing provisions as subsec. (a),
inserted ``Benzie County and within'' after ``generally lying within'',
and added subsecs. (b) to (h).
Change of Name
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.
Section Referred to in Other Sections
This section is referred to in section 460x-3 of this title.
