§ 460x-2. — Designation of lakeshore areas.
[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-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-2. Designation of lakeshore areas
(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.
(Pub. L. 91-479, Sec. 3, Oct. 21, 1970, 84 Stat. 1075.)
