I 

111TH CONGRESS 

2D SESSION H. R. 4558 

To designate as wilderness certain lands and inland waters within the Sleeping 

Bear Dunes National Lakeshore in the State of Michigan, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2010 

Mr. HOEKSTRA (for himself and Mr. CAMP) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To designate as wilderness certain lands and inland waters 

within the Sleeping Bear Dunes National Lakeshore in 

the State of Michigan, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sleeping Bear Dunes 

5 National Lakeshore Conservation and Recreation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) LINE OF DEMARCATION.—The term ‘‘line of 

9 demarcation’’ means the general line formed by the 


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1 lakeward extent of the first contiguous vegetation 

2 that is upland from the high water mark. 

3 (2) MAP.—The term ‘‘map’’ means the map ti4 tled ‘‘Sleeping Bear Dunes National Lakeshore, Pro5 posed Wilderness Boundary’’, numbered 634/80,083, 

6 and dated February, 2009. 

7 (3) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (4) STATE.—The term ‘‘State’’ means the State 

10 of Michigan. 

11 (5) WILDERNESS AREA.—The term ‘‘wilderness 

12 area’’ means the Sleeping Bear Dunes National 

13 Lakeshore Wilderness designated by section 3(a). 

14 SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE 

15 WILDERNESS AREA. 

16 (a) DESIGNATION.—In accordance with section 3(c) 

17 of the Wilderness Act (16 U.S.C. 1132(c)), and subject 

18 to subsection (c), certain lands and inland waters com19 prising approximately 32,557 acres along the mainland 

20 shore of Lake Michigan and on certain nearby islands in 

21 Benzie and Leelanau Counties, Michigan, within the 

22 Sleeping Bear Dunes National Lakeshore, as generally de23 picted on the map, are hereby designated as wilderness, 

24 and as a component of the National Wilderness Preserva25 tion System. The wilderness area designated by this secVerDate Nov 24 2008 04:22 Feb 03, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4558.IH H4558

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1 tion shall be known as the ‘‘Sleeping Bear Dunes National 

2 Lakeshore Wilderness’’. 

3 (b) MAP AND LEGAL DESCRIPTION.— 

4 (1) ON FILE.—The map shall be on file and 

5 available for public inspection in the appropriate of6 fices of the National Park Service. 

7 (2) LEGAL DESCRIPTION.—As soon as practical 

8 after the date of the enactment of this Act, the Sec9 retary shall submit a legal description of the bound10 ary of the wilderness area to the Committee on En11 ergy and Natural Resources of the Senate and the 

12 Committee on Natural Resources of the House of 

13 Representatives. 

14 (3) CORRECTIONS.—The map and legal descrip15 tion shall have the same force and effect as if in16 cluded in this Act, except that the Secretary may 

17 correct clerical and typographical errors in the de18 scription and maps. 

19 (c) LAKEWARD BOUNDARY OF THE WILDERNESS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 the line of demarcation shall be the lakeward bound22 ary of any portion of wilderness designated in sub23 section (a) that would otherwise be bordered by 

24 Lake Michigan. 


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1 (2) SURFACE WATER AND ACTIVE WASH

2 ZONE.—The surface water and active wash zone of 

3 Lake Michigan, regardless of the fluctuating lake 

4 level or the line of demarcation, shall be considered 

5 to be outside the boundary of the designated wilder6 ness. 

7 SEC. 4. ADMINISTRATION. 

8 (a) MANAGEMENT.— 

9 (1) WILDERNESS ACT.—Subject to valid exist10 ing rights, the wilderness area shall be administered 

11 by the Secretary in accordance with the Wilderness 

12 Act (16 U.S.C. 1131 et seq.), except that— 

13 (A) any reference in the Wilderness Act to 

14 the effective date shall be considered to be a 

15 reference to the date of the enactment of this 

16 Act; and 

17 (B) with respect to lands administered by 

18 the Secretary, any reference in the Wilderness 

19 Act to the Secretary of Agriculture shall be con20 sidered to be a reference to the Secretary. 

21 (2) MAINTENANCE OF ROADS.— 

22 (A) LOCATION OF WILDERNESS BOUND23 ARY.—The boundary of the wilderness area 

24 shall be located not closer than— 


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1 (i) 100 feet from the centerline of 

2 each adjacent county road; and 

3 (ii) 300 feet from the centerline of 

4 each adjacent State highway. 

5 (B) EFFECT.—Nothing in this Act shall 

6 prevent the maintenance and improvement of 

7 any road that is— 

8 (i) in existence on the date of enact9 ment of this Act; and 

10 (ii) located adjacent to the wilderness 

11 area. 

12 (3) HUNTING.—Nothing in this Act shall affect 

13 hunting, under applicable State and Federal laws 

14 and regulations, within the wilderness area. 

15 (4) FISH AND WILDLIFE.—As provided in sec16 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 

17 1133(d)(7)), nothing in this Act shall be construed 

18 as affecting the jurisdiction or responsibilities of the 

19 State with respect to fish and wildlife within the wil20 derness area. 

21 (5) WATERCRAFT.—Nothing in this Act shall 

22 affect the use of watercraft, under applicable State 

23 and Federal laws and regulations, within the wilder24 ness area to the extent that such use was allowed on 

25 the day before the date of the enactment of this Act. 


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1 (6) NO BUFFER ZONES.—Nothing in this Act 

2 creates a protective perimeter or buffer zone around 

3 the wilderness area. The fact that a nonwilderness 

4 activity or use can be seen or heard from within the 

5 wilderness area shall not preclude the conduct of the 

6 activity or use outside the boundary of the wilder7 ness area. 

8 (b) SAVINGS PROVISIONS.—Nothing in this Act 

9 shall— 

10 (1) modify, alter, or in any way affect any trea11 ty rights; 

12 (2) modify, alter, or in any way affect any valid 

13 private property rights, in existence on the day be14 fore the date of the enactment of this Act; 

15 (3) alter the management of the water of Lake 

16 Michigan within the boundary of the Sleeping Bear 

17 Dunes National Lakeshore in existence on the day 

18 before the date of the enactment of this Act; or 

19 (4) be construed as prohibiting the use of mo20 tors on the surface water of Lake Michigan adjacent 

21 to the wilderness area or the beaching of motorboats 

22 on the Lake Michigan beach lakeward of the bound23 ary of the wilderness area. 

Æ 


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