79–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–350 

THE INDIANA DUNES NATIONAL PARK ACT 

OCTOBER 19, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1488] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1488) to retitle Indiana Dunes National Lakeshore as Indiana Dunes National Park, and for other purposes, having considered the same, report favorably thereon with an amendment and 

recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Indiana Dunes National Park Act’’. 

SEC. 2. INDIANA DUNES NATIONAL LAKESHORE RETITLED AS INDIANA DUNES NATIONAL 

PARK. 

(a) IN GENERAL.—Public Law 89–761 (16 U.S.C. 460u et seq.) is amended— 

(1) by striking ‘‘National Lakeshore’’ and ‘‘national lakeshore’’ each place it 

appears and inserting ‘‘National Park’’; and 

(2) by striking ‘‘lakeshore’’ each place it appears and inserting ‘‘Park’’. 

(b) NONAPPLICATION.—The amendment made by subsection (a)(1) shall not apply 

to the title of the map referred to in the first section of Public Law 89–761 (16 

U.S.C. 460u), or to the title of the maps referred to in section 4 of Public Law 89– 

761 (16 U.S.C. 460u–3). 

PURPOSE OF THE BILL

The purpose of H.R. 1488 is to retitle Indiana Dunes National 

Lakeshore as Indiana Dunes National Park. 

BACKGROUND AND NEED FOR LEGISLATION

Indiana Dunes National Lakeshore was established by Congress 

in 1966 through Public Law 89–761. The designation of the national lakeshore as a unit of the National Park System was the culVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
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1Public Law 94–549, Public Law 96–612, Public Law 97–356, Public Law, 99–583, and Public 

Law 102–430. 2 Stephen T. Mather, ‘‘Report on the Proposed Sand Dunes National Park Indiana.’’ (1917), 

available at http://npshistory.com/publications/sand-dunes-np.pdf. 

mination of decades of work by conservationists, area residents and 

elected officials. The law included 8,330 acres of land and water. 

The National Park Service and conservation advocates continued to 

seek expansion of the boundaries, and five subsequent expansion 

bills increased the size of the national lakeshore to more than 

15,000 acres.1

Proponents of redesignating the national lakeshore as a national 

park note that Stephen Mather, the first Director of the National 

Park Service, originally had plans to create a ‘‘Sand Dunes National Park’’. In October 1916, shortly after the National Park 

Service was established, Director Mather held hearings in Chicago 

to gauge public sentiment on a ‘‘Sand Dunes National Park’’. In a 

Department of the Interior report published after the hearings, Director Mather stated, ‘‘No national park or other Federal reservation offers this phenomenon for the pleasure and edification of the 

people, and no national park is as accessible. Furthermore, the 

dunes offer to the visitor extraordinary scenery, a large variety of 

plant life, magnificent bathing beaches, and splendid opportunities 

to camp and live in the wild country close to nature.’’ 2 Despite Director Mather’s support, the national park proposal was abandoned 

at the onset of World War I. Several years later, in 1925, Indiana 

Dunes State Park was established. 

Redesignation of the national lakeshore as a national park would 

make Indiana Dunes the 60th national park in the United States. 

Although there is no statutory definition of a national park, they 

are typically considered the ‘‘crown jewels’’ of the park system. National parks are generally large, diverse areas with outstanding 

natural features and ecological resources. Proponents argue that 

national park status gives greater recognition to the dunes and will 

potentially draw more visitors and boost the local economy. 

COMMITTEE ACTION

H.R. 1488 was introduced on March 9, 2017, by Congressman 

Peter J. Visclosky (D–IN). The bill was referred to the Committee 

on Natural Resources, and within the Committee to the Subcommittee on Federal Lands. On October 3, 2017, the Natural Resources Committee met to consider the bill. The Subcommittee was 

discharged by unanimous consent. Congressman Rob Bishop (R– 

UT) offered an amendment designated #1; it was adopted by voice 

vote. No further amendments were offered, and the bill, as amended, was ordered favorably reported to the House of Representatives 

by voice vote on October 4, 2017. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

3 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 17, 2017. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1488, the Indiana Dunes 

National Park Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Janani Shankaran. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 1488—The Indiana Dunes National Park Act 

H.R. 1488 would redesignate the Indiana Dunes National Lakeshore, an existing unit of the National Park Service (NPS) system, 

as the Indiana Dunes National Park. 

Redesignating the site may require NPS to update maps, handouts, and signage. On the basis of the costs of similar tasks, CBO 

estimates that those costs would be insignificant and would be subject to the availability of appropriated funds. Enacting H.R. 1488 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

CBO estimates that enacting H.R. 1488 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

H.R. 1488 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to retitle Indiana Dunes National Lakeshore as Indiana Dunes National Park. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

4 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

PUBLIC LAW 89-761 

AN ACT To provide for the establishment of the Indiana Dunes National Lakeshore, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, In order to preserve for the educational, inspirational, and recreational use of the 

public certain portions of the Indiana dunes and other areas of scenic, scientific, and historic interest and recreational value in the 

State of Indiana, the Secretary of the Interior is authorized to establish and administer the Indiana Dunes øNational Lakeshore¿ 

National Park (hereinafter referred to as the ‘‘ølakeshore¿ Park’’) 

in accordance with the provisions of this Act. The ølakeshore¿ Park 

shall comprise the area within the boundaries delineated on a map 

identified as ‘‘Boundary Map, Indiana Dunes øNational Lakeshore¿ 

National Park’’, dated October 1992, and numbered 626–80,039–C, 

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. 

SEC. 2. (a) Within the boundaries of the ølakeshore¿ Park the 

Secretary of the Interior (hereinafter referred to as the ‘‘Secretary’’) 

is authorized to acquire lands, waters, and other property, or any 

interest therein, by donation, purchase with donated or appropriated funds, exchange, or otherwise. The Indiana Dunes State 

Park may be acquired only by donation of the State of Indiana, and 

the Secretary is hereby directed to negotiate with the State for the 

acquisition of said park. In exercising his authority to acquire propVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
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erty by exchange for the purposes of this Act, the Secretary may 

accept title to non-Federal property located within the area described in section 1 of this Act and convey to the grantor of such 

property any federally owned property under the jurisdiction of the 

Secretary which he classifies as suitable for exchange or other disposal within the State of Indiana or Illinois. Properties so exchanged shall be approximately equal in fair market value, as determined by the Secretary who may, in his discretion, base his determination on an independent appraisal obtained by him: Provided, That the Secretary may accept cash from or pay cash to the 

grantor in such an exchange in order to equalize the values of the 

properties exchanged. The Secretary is expressly authorized to acquire by donation, purchase with donated or appropriated funds, or 

exchange, lands or interests therein which are owned for school or 

educational purposes by a State or a political subdivision thereof. 

(b) In exercising his authority to acquire property under subsection (a) of this section, the Secretary may enter into contracts 

requiring the expenditure, when appropriated, of funds authorized 

to be appropriated by section 9 of this Act, but the liability of the 

United States under any such contract shall be contingent on the 

appropriation of funds sufficient to fulfill the obligations thereby 

incurred. 

SEC. 3. As soon as practicable after the effective date of this Act, 

and following the acquisition by the Secretary of an acreage within 

the boundaries of the area described in section 1 of this Act which 

in his opinion is efficiently administrable for the purposes of this 

Act, he shall establish the Indiana Dunes øNational Lakeshore¿ 

National Park 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 ølakeshore¿ Park 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 2 hereof, the Secretary may continue to acquire lands and 

interests in lands for the ølakeshore¿ Park. 

SEC. 4. As used in this Act, 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 øNational Lakeshore¿ National Park ’’ (or ‘‘A 

Proposed Indiana Dunes øNational Lakeshore¿ National Park ’’ 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. 

6 

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 Act. 

SEC. 5. (a)(1) Except for owners described in paragraph (2) and 

owners of improved property within the area on the map referred 

to in the first section of this Act, 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 ølakeshore¿ Park after 1980, any owner or owners of record of 

improved property may retain a right of use and occupancy for nonVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
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commercial 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 ølakeshore¿ Park 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) 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 4. 

(c) With respect to improved properties acquired prior to the enactment of this subsection 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 

8 

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 øNational Lakeshore¿ National Park between the time of the original 

sale and the time of the retained right of extension offered by this 

subsection. 

SEC. 6. In order that the ølakeshore¿ Park 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 ølakeshore¿ Park 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 ølakeshore¿ Park as he 

deems especially adaptable for such uses. 

SEC. 7. (a) There is hereby established an Indiana Dunes øNational Lakeshore¿ National Park Advisory Commission. Said Commission shall terminate on September 30, 1985. 

(b) 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 

ølakeshore¿ Park to be designated by the Secretary. 

(c) 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) A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expense reaVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
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sonably incurred by the Commission in carrying out its responsibilities under this Act on vouchers signed by the Chairman. 

(e) 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 øNational Lakeshore¿ National Park 

and with respect to the provisions of sections 4, 5, and 6 of this Act. 

(f) The Advisory Commission is authorized to assist with the 

identification of economically and environmentally acceptable 

areas, outside of the boundaries of the ølakeshore¿ Park, 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. 

SEC. 8. Nothing in this Act 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 øNational Lakeshore¿ National Park or of its right to tax persons, corporations, franchises, 

or other non-Federal property on lands included therein. 

SEC. 9. 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 20 of this Act. 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 ønational lakeshore¿ National Park 

consistent with the preservation objectives of this Act, 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 

ønational lakeshore¿ National Park; 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. 

SEC. 10. Nothing in this Act 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 Act 

shall be construed to diminish the existing property rights of 

10 

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 Act is included within the boundaries of the Indiana Dunes øNational Lakeshore¿ National Park 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 Act been 

included within the boundaries of the Indiana Dunes øNational 

Lakeshore¿ National Park and herein designated as area II– 

H on said National Park Service Boundary Map No. 626– 

80,033–B. 

SEC. 11. (a) Nothing in this Act shall be construed as prohibiting 

any otherwise legal cooling, process, or surface drainage into the 

part of the Little Calumet River located within the ølakeshore¿ 

Park : 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 ølakeshore¿ 

Park by the Ninety-fourth Congress and the administration of such 

lands as part of the ølakeshore¿ Park 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 ølakeshore¿ Park, 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. 

* * * * * * * 

SEC. 14. Within one year after the date of the enactment of this 

section, 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 ølakeshore¿ Park; and 

(2) the annual acquisition program (including the level of 

funding) which he recommends for the ensuing five fiscal 

years. 

* * * * * * * 

SEC. 18. (a) By July 1, 1977, the Secretary shall prepare and 

transmit to the Committees on Interior and Insular Affairs of the 

United States Congress a study of areas III–A, III–C, and II–A, as 

designated on map numbered 626–91007. The Secretary shall make 

reasonable provision for the timely participation of the State of Indiana, local public officials, affected property owners, and the genVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
11 

eral public in the formulation of said study, including, but not limited to, the opportunity to testify at a public hearing. The record 

of such hearing shall accompany said study. With respect to areas 

III–A and III–C, the study shall (a) address the desirability of acquisition of any or all of the area from the standpoint of resource 

management, protection, and public access; (b) develop alternatives 

for the control of beach erosion if desirable, including recommendations, if control is necessary, of assessing the costs of such control 

against those agencies responsible for such erosion; (c) consider and 

propose options to guarantee public access to and use of the beach 

area, including the location of necessary facilities for transportation, health, and safety; (d) detail the recreational potential of 

the area and all available alternatives for achieving such potential; 

(e) review the environmental impact upon the ølakeshore¿ Park resulting from the potential development and improvement of said 

areas; and (f) assess the cost to the United States from both the 

acquisition of said areas together with the potential savings from 

the retention of rights of use and occupancy and from the retention 

of the boundaries of the ølakeshore¿ Park, as designated on map 

numbered 626–91007, including the costs of additional administrative responsibilities necessary for the management of the ølakeshore¿ Park, including the maintenance of public services in the 

town of Beverly Shores, Indiana. With respect to area II–A, the 

Secretary shall study and report concerning the following objectives: (a) preservation of the remaining dunes, wetlands, native 

vegetation, and animal life within the area; (b) preservation and 

restoration of the watersheds of Cowles Bog and its associated wetlands; (c) appropriate public access to and use of lands within the 

area; (d) protection of the area and the adjacent ølakeshore¿ Park 

from degradation caused by all forms of construction, pollution, or 

other adverse impacts including, but not limited to, the discharge 

of wastes and any excessive subsurface migration of water; and (e) 

the economic consequences to the utility and its customers of acquisition of such area. 

(b)(1) The Secretary shall enter into a memorandum of agreement with the Northern Indiana Public Service Company (referred 

to as ‘‘NIPSCO’’) that shall provide for the following with respect 

to the area referred to as Unit II–A on the map described in the 

first section of this Act (referred to as the ‘‘Greenbelt’’): 

(A) NIPSCO shall provide the National Park Service 

with access for resource management and interpretation 

through the Greenbelt and across the dike for purposes of 

a public hiking trail. 

(B) The National Park Service shall have rights of access 

for resource management and interpretation of the Greenbelt area. 

(c) NIPSCO shall preserve the Greenbelt in its natural 

state. If NIPSCO utilizes the Greenbelt temporarily for a 

project involving pollution mitigation or construction on its 

adjacent facilities, it shall restore the project area to its 

natural state. 

(D) If NIPSCO proposes a different use for the Greenbelt, NIPSCO shall notify the National Park Service, the 

Committee on Energy and Natural Resources of the Senate 

and the Committee on Interior and Insular Affairs of the 

12 

House of Representatives and make no change in the use 

of the property until three years after the date notice is 

given. 

(2) If a memorandum of agreement is entered into pursuant 

to paragraph (1), so long as the memorandum of agreement is 

in effect and is being performed, the Secretary may not acquire 

lands or interests in land in the Greenbelt belonging to 

NIPSCO. 

SEC. 19. After notifying the Committees on Interior and Insular 

Affairs of the United States Congress, in writing, of his intentions 

to do so and of the reasons therefor, the Secretary may, if he finds 

that such lands would make a significant contribution to the purposes for which the ølakeshore¿ Park was established, accept title 

to any lands, or interests in lands, located outside the present 

boundaries of the ølakeshore¿ Park but contiguous thereto or to 

lands acquired under this section, such lands the State of Indiana 

or its political subdivisions may acquire and offer to donate to the 

United States or which any private person, organization, or public 

or private corporation may offer to donate to the United States and 

he shall administer such lands as a part of the ølakeshore¿ Park 

after publishing notice to that effect in the Federal Register. 

SEC. 20. (a) The Indiana Dunes øNational Lakeshore¿ National 

Park is hereby dedicated to the memory of Paul H. Douglas in 

grateful recognition of his leadership in the effort to protect, preserve, and enhance the natural, scientific, historic, and recreational 

value of the ølakeshore¿ Park for the use, enjoyment, and edification of present and future generations. 

(b) To further accomplish the purposes of subsection (a) of this 

section, the Secretary of the Interior shall designate the west unit 

of the ølakeshore¿ Park as the ‘‘Paul H. Douglas Ecological and 

Recreational Unit’’ and shall, subject to appropriations being granted, design and construct a suitable structure or designate an existing structure within the ølakeshore¿ Park to be known as the 

‘‘Paul H. Douglas Center for Environmental Education’’ which shall 

provide facilities designed primarily to familiarize students and 

other visitors with, among other things: (1) the natural history of 

the ølakeshore¿ Park and its association with the natural history 

of the Great Lakes region; (2) the evolution of human activities in 

the area; and (3) the historical features which led to the establishment of the ølakeshore¿ Park by the Congress of the United States. 

(c) To inform the public of the contributions of Paul H. Douglas 

to the creation of the ølakeshore¿ Park, the Secretary of the Interior shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate. 

SEC. 21. (a) The Secretary in consultation with the Secretary of 

Transportation, shall conduct a study of various modes of public access into and within the ølakeshore¿ Park which are consistent 

with the preservation of the ølakeshore¿ Park and conservation of 

energy by encouraging the use of transportation modes other than 

personal motor vehicles. 

(b) In carrying out the study, the Secretary shall utilize to the 

greatest extent practicable the resources and facilities of the organizations designated as clearinghouses under title IV of the Intergovernmental Cooperation Act of 1968 as implemented by Office of 

Management and Budget Circular A–95, and which have comVerDate Sep 11 2014 06:22 Oct 20, 2017 Jkt 079006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR350.XXX HR350
13 

prehensive planning responsibilities in the regions where the 

ølakeshore¿ Park is located, as well as any other agencies or organizations which the Secretary may designate. The Secretary shall 

make provision for timely and substantive consultations with the 

appropriate agencies of the States of Indiana and Illinois, local 

elected officials, and the general public in the formulation and implementation of the study. 

(c) The study shall address the adequacy of access facilities for 

members of the public who desire to visit and enjoy the ølakeshore¿ Park. Consideration shall be given to alternatives for alleviating the dependence on automobile transportation. The study of 

public transportation facilities shall cover the distance from cities 

of thirty-five thousand population or more within fifty miles of the 

ølakeshore¿ Park. 

(d) The study shall include proposals deemed necessary to assure 

equitable visitor access and public enjoyment by all segments of the 

population, including those who are physically or economically disadvantaged. It shall provide for retention of the natural, scenic, 

and historic values for which the ølakeshore¿ Park was established, and shall propose plans and alternatives for the protection 

and maintenance of these values as they relate to transportation 

improvements. 

(e) The study shall examine proposals for the renovation and 

preservation of a portion of the existing South Shore Railroad passenger car fleet. The study shall consider the historic value of the 

existing rolling stock and its role in transporting visitors into and 

within the ølakeshore¿ Park. 

(f) The study shall present alternative plans to improve, construct, and extend access roads, public transportation, and bicycle 

and pedestrian trails. It shall include cost estimates of all plans 

considered in this study, and shall discuss existing and proposed 

sources of funding for the implementation of the recommended plan 

alternatives. 

(g) The study shall be completed and presented to the Congress 

within two complete fiscal years from the effective date of this provision. 

(h) Effective October 1, 1981, there is hereby authorized to be appropriated not to exceed $200,000 for this study. 

SEC. 22. In exercising his authority to acquire property under 

this Act, the Secretary shall give prompt and careful consideration 

to any offer made by an individual owning property within the 

ølakeshore¿ Park to sell such property, if such individual notifies 

the Secretary in writing that the continued ownership of such property is causing, or would result in, undue hardship. 

SEC. 23. (a) The Secretary may acquire only such interest in that 

portion of area VII–A which is described in subsection (b) as the 

Secretary determines is necessary to assure public access over said 

portion of area VII–A. 

(b) The portion of area VII–A, as designated on the map referred 

to in section 460u of this title, to which subsection (a) applies is 

a parcel of land bounded— 

(1) on the east by a line three hundred feet east of the electrical transmission line crossing area VII–A on January 1, 

1979; 

14 

(2) on the west by a line fifty feet west of such electrical 

transmission line; and 

(3) on the north and south by the northern and southern 

boundaries, respectively, of area VII–A. 

(c) Area VII–A includes the bed of the railroad tracks forming the 

northern and northwestern boundaries of this area and extends to 

the northern edge of the bed of the railroad tracks forming the 

southern boundaries of this area. 

(d) Area I–D includes the bed of the railroad tracks along the 

northern boundary of this area. 

(e) The area designated as area VII–C on the map referred to in 

section 1 does not include approximately 1.3 acres of land on which 

the Linde Air Products plant is situated, nor does it include approximately 1 acre of land on which the Old Union Station building 

and the adjacent REA building are situated. Except as provided in 

the foregoing sentence, area VII–C extends to, but does not include, 

the beds of the railroad tracks forming the northern and southern 

boundaries of such area. 

SEC. 24. LITTLE CALUMET RIVER AND BURNS/PORTAGE WATERWAY. 

(a) The Secretary may enter into a cooperative agreement with 

the Little Calumet River Basin Development Commission, the 

State of Indiana or any political subdivision thereof for the planning, management, and interpretation of recreational facilities on 

the tract within the boundaries of Indiana Dunes øNational Lakeshore¿ National Park identified as tract numbered 09–177 or on 

lands under the jurisdiction of the State of Indiana or political subdivision thereof along the Little Calumet River and Burns Waterway. The cooperative agreement may include provision for the 

planning of public facilities for boating, canoeing, fishing, hiking, 

bicycling, and other compatible recreational activities. Any recreational developments on lands under the jurisdiction of the National Park Service planned pursuant to this cooperative agreement shall be in a manner consistent with the purposes of this Act, 

including section (b). 

(b) The Secretary shall conduct a study regarding the options 

available for linking the portions of the ølakeshore¿ Park which are 

divided by the Little Calumet River and Burns/Portage Waterway 

so as to coordinate the management and recreational use of the 

ølakeshore¿ Park. The Secretary shall submit the results of the 

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 study. 

* * * * * * * 

Æ