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[House Report 115-350]
[From the U.S. Government Publishing Office]

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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 culmination 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\
---------------------------------------------------------------------------
    \1\Public Law 94-549, Public Law 96-612, Public Law 97-356, Public 
Law, 99-583, and Public Law 102-430.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\ Stephen T. Mather, ``Report on the Proposed Sand Dunes National 
Park Indiana.'' (1917), available at http://npshistory.com/
publications/sand-dunes-np.pdf.
---------------------------------------------------------------------------
    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.

      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-you-go 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.

                    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 [National Lakeshore] National Park (hereinafter 
referred to as the ``[lakeshore] Park'') in accordance with the 
provisions of this Act. The [lakeshore] Park shall comprise the 
area within the boundaries delineated on a map identified as 
``Boundary Map, Indiana Dunes [National 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 [lakeshore] 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 property 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 [National 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 
[lakeshore] 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 [lakeshore] 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 [National Lakeshore] National 
Park '' (or ``A Proposed Indiana Dunes [National 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.

 
           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 [lakeshore] Park after 1980, any owner or owners of 
record of improved property may retain a right of use and 
occupancy for noncommercial 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 [lakeshore] 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 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 [National 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 [lakeshore] 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 [lakeshore] 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 [lakeshore] 
Park as he deems especially adaptable for such uses.
  Sec. 7. (a) There is hereby established an Indiana Dunes 
[National 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 [lakeshore] 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 reasonably 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 [National 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 [lakeshore] 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 
[National 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 [national 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 [national 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 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 [National 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 [National 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 [lakeshore] 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 [lakeshore] 
Park by the Ninety-fourth Congress and the administration of 
such lands as part of the [lakeshore] 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 
[lakeshore] 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 [lakeshore] 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 general 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 [lakeshore] 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 [lakeshore] Park, as designated on map 
numbered 626-91007, including the costs of additional 
administrative responsibilities necessary for the management of 
the [lakeshore] 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 [lakeshore] 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 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 
[lakeshore] Park was established, accept title to any lands, or 
interests in lands, located outside the present boundaries of 
the [lakeshore] 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 
[lakeshore] Park after publishing notice to that effect in the 
Federal Register.
  Sec. 20. (a) The Indiana Dunes [National 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 [lakeshore] 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 [lakeshore] 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 
[lakeshore] 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 
[lakeshore] 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 [lakeshore] 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 [lakeshore] 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 [lakeshore] Park which are 
consistent with the preservation of the [lakeshore] 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 comprehensive planning responsibilities in the regions 
where the [lakeshore] 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 
[lakeshore] 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 [lakeshore] 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 
[lakeshore] 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 [lakeshore] 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 [lakeshore] 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;
          (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 
[National 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 [lakeshore] Park 
which are divided by the Little Calumet River and Burns/Portage 
Waterway so as to coordinate the management and recreational 
use of the [lakeshore] 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.

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