I

104TH CONGRESS

1ST SESSION H. R. 1666

To amend the Act of October 21, 1970, establishing the Sleeping Bear

Dunes National Lakeshore to permit certain persons to continue to

use and occupy certain areas within the lakeshore, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 1995

Mr. STUPAK introduced the following bill; which was referred to the

Committee on Resources

A BILL

To amend the Act of October 21, 1970, establishing the

Sleeping Bear Dunes National Lakeshore to permit certain persons to continue to use and occupy certain areas

within the lakeshore, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENT OF ACT ESTABLISHING SLEEPING

4 BEAR DUNES NATIONAL LAKESHORE.

5 (a) EXTENSIONS.—Section 10 of the Act of October

6 21, 1970, establishing the Sleeping Bear Dunes National

7 Lakeshore (84 Stat. 1079; 16 U.S.C. 460x–9) is amended

8 by adding the following new subsection at the end thereof:
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1 ‘‘(e) EXTENSIONS OF USE AND OCCUPANCY.—

2 ‘‘(1) NOTICE.—The Secretary shall notify all

3 owners of improved property referred to in sub4 section (b)(1) who have retained a right of use and

5 occupancy pursuant to subsection (b) of their right

6 to extend such right pursuant to this subsection.

7 ‘‘(2) ELECTION.—Any owner notified under

8 paragraph (1) may elect, within 180 days of receiv9 ing notice pursuant to paragraph (1), to extend his

10 or her right of use and occupancy beyond the other11 wise applicable termination date. Such extension

12 shall terminate on the date 99 years after the date

13 of enactment of this Act.

14 ‘‘(3) CONDITIONS.—Any extension under this

15 subsection shall be subject to subsections (c) and (d)

16 in the same manner and to the same extent as is a

17 retained right under subsection (b), except that ter18 mination of the extension by the Secretary shall take

19 effect only after 180 days after the Secretary has

20 notified the person holding the extension of the Sec21 retary’s intention to terminate the extension. Any

22 extension under this subsection shall be conditioned

23 upon the annual payment by person to whom such

24 extension is issued of an amount determined in ac-
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1 cordance with paragraph (4). Any such extension

2 shall also be conditioned upon the following:

3 ‘‘(A) An agreement by the person to whom

4 such extension is issued to assume all respon5 sibilities for maintenance, repair, and replace6 ment of all improvements located on the prop7 erty concerned and to indemnify and hold

8 harmless the United States for any liability

9 which may arise in connection with such prop10 erty.

11 ‘‘(B) An agreement by the person to whom

12 such extension is issued to make pro rata pay13 ments to local governments providing services

14 to persons residing within the boundaries of the

15 lakeshore in such reasonable amounts and at

16 such times as may be determined by such local

17 governments in order to reimburse such local

18 governments for the costs of providing such

19 services.

20 ‘‘(4) AMOUNT.—The amount of each payment

21 to be made by a person under paragraph (3) shall

22 be such person’s annual pro rata share of an amount

23 determined according to a formula where the numer24 ator is the value of the property used or occupied by

25 such person at the time of its acquisition by the
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1 United States and the denominator is the number of

2 years for which the extension is issued. Notwith3 standing sections 1341 and 3302 of title 31 of the

4 United States Code, such annual payments shall be

5 retained by the Secretary and shall be available for

6 use by the Secretary without further appropriation

7 for purposes of maintenance and administration of

8 the national lakeshore.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

10 Section 10(c) of such Act is amended by striking ‘‘many’’

11 and inserting ‘‘may’’. Section 11(a)(2) of such Act is

12 amended by striking ‘‘section 10(b) or (d)’’ and inserting

13 ‘‘section 10’’.

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