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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4558 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sleeping Bear Dunes National 
Lakeshore Conservation and Recreation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Line of demarcation.--The term ``line of demarcation'' 
        means the general line formed by the lakeward extent of the 
        first contiguous vegetation that is upland from the high water 
        mark.
            (2) Map.--The term ``map'' means the map titled ``Sleeping 
        Bear Dunes National Lakeshore, Proposed Wilderness Boundary'', 
        numbered 634/80,083, and dated February, 2009.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Michigan.
            (5) Wilderness area.--The term ``wilderness area'' means 
        the Sleeping Bear Dunes National Lakeshore Wilderness 
        designated by section 3(a).

SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE WILDERNESS AREA.

    (a) Designation.--In accordance with section 3(c) of the Wilderness 
Act (16 U.S.C. 1132(c)), and subject to subsection (c), certain lands 
and inland waters comprising approximately 32,557 acres along the 
mainland shore of Lake Michigan and on certain nearby islands in Benzie 
and Leelanau Counties, Michigan, within the Sleeping Bear Dunes 
National Lakeshore, as generally depicted on the map, are hereby 
designated as wilderness, and as a component of the National Wilderness 
Preservation System. The wilderness area designated by this section 
shall be known as the ``Sleeping Bear Dunes National Lakeshore 
Wilderness''.
    (b) Map and Legal Description.--
            (1) On file.--The map shall be on file and available for 
        public inspection in the appropriate offices of the National 
        Park Service.
            (2) Legal description.--As soon as practical after the date 
        of the enactment of this Act, the Secretary shall submit a 
        legal description of the boundary of the wilderness area to the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Natural Resources of the House of Representatives.
            (3) Corrections.--The map and legal description shall have 
        the same force and effect as if included in this Act, except 
        that the Secretary may correct clerical and typographical 
        errors in the description and maps.
    (c) Lakeward Boundary of the Wilderness.--
            (1) In general.--Subject to paragraph (2), the line of 
        demarcation shall be the lakeward boundary of any portion of 
        wilderness designated in subsection (a) that would otherwise be 
        bordered by Lake Michigan.
            (2) Surface water and active wash zone.--The surface water 
        and active wash zone of Lake Michigan, regardless of the 
        fluctuating lake level or the line of demarcation, shall be 
        considered to be outside the boundary of the designated 
        wilderness.

SEC. 4. ADMINISTRATION.

    (a) Management.--
            (1) Wilderness act.--Subject to valid existing rights, the 
        wilderness area shall be administered by the Secretary in 
        accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
        except that--
                    (A) any reference in the Wilderness Act to the 
                effective date shall be considered to be a reference to 
                the date of the enactment of this Act; and
                    (B) with respect to lands administered by the 
                Secretary, any reference in the Wilderness Act to the 
                Secretary of Agriculture shall be considered to be a 
                reference to the Secretary.
            (2) Maintenance of roads.--
                    (A) Location of wilderness boundary.--The boundary 
                of the wilderness area shall be located not closer 
                than--
                            (i) 100 feet from the centerline of each 
                        adjacent county road; and
                            (ii) 300 feet from the centerline of each 
                        adjacent State highway.
                    (B) Effect.--Nothing in this Act shall prevent the 
                maintenance and improvement of any road that is--
                            (i) in existence on the date of enactment 
                        of this Act; and
                            (ii) located adjacent to the wilderness 
                        area.
            (3) Hunting.--Nothing in this Act shall affect hunting, 
        under applicable State and Federal laws and regulations, within 
        the wilderness area.
            (4) Fish and wildlife.--As provided in section 4(d)(7) of 
        the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act 
        shall be construed as affecting the jurisdiction or 
        responsibilities of the State with respect to fish and wildlife 
        within the wilderness area.
            (5) Watercraft.--Nothing in this Act shall affect the use 
        of watercraft, under applicable State and Federal laws and 
        regulations, within the wilderness area to the extent that such 
        use was allowed on the day before the date of the enactment of 
        this Act.
            (6) No buffer zones.--Nothing in this Act creates a 
        protective perimeter or buffer zone around the wilderness area. 
        The fact that a nonwilderness activity or use can be seen or 
        heard from within the wilderness area shall not preclude the 
        conduct of the activity or use outside the boundary of the 
        wilderness area.
    (b) Savings Provisions.--Nothing in this Act shall--
            (1) modify, alter, or in any way affect any treaty rights;
            (2) modify, alter, or in any way affect any valid private 
        property rights, in existence on the day before the date of the 
        enactment of this Act;
            (3) alter the management of the water of Lake Michigan 
        within the boundary of the Sleeping Bear Dunes National 
        Lakeshore in existence on the day before the date of the 
        enactment of this Act; or
            (4) be construed as prohibiting the use of motors on the 
        surface water of Lake Michigan adjacent to the wilderness area 
        or the beaching of motorboats on the Lake Michigan beach 
        lakeward of the boundary of the wilderness area.
                                 <all>
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