I

104TH CONGRESS

2D SESSION H. R. 3970

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

AUGUST 2, 1996

Mr. STUPAK (for himself, Mr. UPTON, and Mr. KNOLLENBERG) 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.3

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 at the end thereof:
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1 ‘‘(e) EXTENSIONS OF USE AND OCCUPANCY.—

2 ‘‘(1) NOTICE.—The Secretary shall transmit a

3 notice to all owners of improved property described

4 in section 11(a) (16 U.S.C. 460x–10(a)) who have

5 retained a right of use and occupancy, or their suc6 cessors in interest who currently possess such rights.

7 The notice shall notify such owners, occupiers, or

8 successors in interest of their right to extend such

9 right of use and occupancy pursuant to this sub10 section.

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

12 paragraph (1) may elect, within 180 days of receiv13 ing notice pursuant to paragraph (1), to extend his

14 or her right of use and occupancy beyond the other15 wise applicable termination date. Such extension

16 shall terminate on the later of the following:

17 ‘‘(A) The date of death of the person who

18 owned or occupied the property on January 1,

19 1996.

20 ‘‘(B) The date 25 years after the date of

21 the election under this paragraph.

22 If the person who owned or occupied the property on

23 January 1, 1996, dies before the date 25 years after

24 the date of the election under this paragraph, the

25 right of use and occupancy of the property may be
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1 transferred by such person, by will or otherwise, only

2 to a member or members of such person’s immediate

3 family for the remainder of the term of the extension

4 under this subsection.

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

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

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

8 retained right under subsection (b), except that ter9 mination of the extension by the Secretary shall take

10 effect only after 180 days after the Secretary has

11 notified the person holding the extension of the Sec12 retary’s intention to terminate the extension. Any

13 extension under this subsection shall be conditioned

14 upon the annual payment by person to whom such

15 extension is issued of an amount determined in ac16 cordance with paragraph (4). Any such extension

17 shall also be conditioned upon the following:

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

19 such extension is issued to assume all respon20 sibilities for maintenance, repair, and replace21 ment of all improvements located on the prop22 erty concerned and to indemnify and hold

23 harmless the United States for any liability

24 which may arise in connection with such prop25 erty.
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1 ‘‘(B) An agreement by the person to whom

2 such extension is issued to make pro rata pay3 ments to local governments providing services

4 to persons residing within the boundaries of the

5 lakeshore in such reasonable amounts and at

6 such times as may be determined by such local

7 governments in order to reimburse such local

8 governments for the costs of providing such

9 services.

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

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

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

13 determined according to a formula where the numer14 ator is the value of the property used or occupied by

15 such person and the denominator is 100. The value

16 of the property for purposes of this paragraph shall

17 be the value of the property at the time of its acqui18 sition by the United States, indexed for inflation ac19 cording to the Consumer Price Index, as determined

20 by the Secretary. Notwithstanding sections 1341

21 and 3302 of title 31 of the United States Code, such

22 annual payments shall be retained by the Secretary

23 and shall be available for use by the Secretary with24 out further appropriation for purposes of mainte25 nance and administration of the national lakeshore.
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1 ‘‘(f) AUTHORITY TO LEASE TO FAMILY.—Following

2 an extension under subsection (e) of a right of use and

3 occupancy for any property, the Secretary may lease the

4 property to any member or members of the immediate

5 family of such owner for a definite or indefinite term, at

6 the discretion of the Secretary. The Secretary may, after

7 180 days notice to the lessee, terminate any such lease

8 when the Secretary determines that the structures on the

9 property will be removed and the property will be restored

10 to its natural condition in order to improve the natural

11 landscape and provide better opportunities for public ac12 cess and enjoyment. Any such lease shall be subject to the

13 same conditions as referred to in paragraph (3) of sub14 section (e) and lease payments shall be retained by the

15 Secretary in the same manner as provided in paragraph

16 (4) of subsection (e).’’.

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

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

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

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

21 ‘‘section 10’’.

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