II 

111TH CONGRESS 

2D SESSION S. 2976 

To designate as wilderness certain land and inland water within the Sleeping 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2010 

Mr. LEVIN (for himself and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To designate as wilderness certain land and inland water 

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 en4 titled ‘‘Sleeping Bear Dunes National Lakeshore, 

5 Proposed Wilderness Boundary’’, numbered 634/ 

6 80,083, 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.—The term ‘‘Wilderness’’ 

12 means the Sleeping Bear Dunes National Lakeshore 

13 Wilderness designated by section 3(a). 

14 SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE 

15 WILDERNESS. 

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

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

18 subsection (c), certain land and inland water comprising 

19 approximately 32,557 acres along the mainland shore of 

20 Lake Michigan and on certain nearby islands in Benzie 

21 and Leelanau Counties, Michigan, within the Sleeping 

22 Bear Dunes National Lakeshore, as generally depicted on 

23 the map, is designated as wilderness and as a component 

24 of the National Wilderness Preservation System, to be 

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1 known as the ‘‘Sleeping Bear Dunes National Lakeshore 

2 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 prac8 ticable after the date of enactment of this Act, the 

9 Secretary shall submit a legal description of the 

10 boundary of the wilderness area to— 

11 (A) the Committee on Energy and Natural 

12 Resources of the Senate; and 

13 (B) the Committee on Natural Resources 

14 of the House of Representatives. 

15 (3) CORRECTIONS.—The map and legal descrip16 tion shall have the same force and effect as if in17 cluded in this Act, except that the Secretary may 

18 correct clerical and typographical errors in the legal 

19 description and map. 

20 (c) LAKEWARD BOUNDARY OF THE WILDERNESS.— 

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

22 the line of demarcation shall be the lakeward bound23 ary of any portion of the Wilderness that would oth24 erwise be bordered by 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 Wilderness. 

6 SEC. 4. ADMINISTRATION. 

7 (a) MANAGEMENT.— 

8 (1) WILDERNESS ACT.—Subject to valid exist9 ing rights, the Wilderness shall be administered by 

10 the Secretary in accordance with the Wilderness Act 

11 (16 U.S.C. 1131 et seq.), except that— 

12 (A) any reference in the Wilderness Act to 

13 the effective date shall be considered to be a 

14 reference to the date of enactment of this Act; 

15 and 

16 (B) with respect to land administered by 

17 the Secretary, any reference in the Wilderness 

18 Act to the Secretary of Agriculture shall be con19 sidered to be a reference to the Secretary. 

20 (2) MAINTENANCE OF ROADS.— 

21 (A) IN GENERAL.—Nothing in this Act 

22 prevents the maintenance and improvement of 

23 roads that are— 

24 (i) in existence on the date of this 

25 Act; and 

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1 (ii) located adjacent to the Wilder2 ness. 

3 (B) WILDERNESS BOUNDARY.—The Wil4 derness boundary shall be— 

5 (i) a minimum of 100 feet from the 

6 centerline of adjacent county roads; and 

7 (ii) a minimum of 300 feet from the 

8 centerline of adjacent State highways. 

9 (3) HUNTING.—Nothing in this Act affects 

10 hunting under applicable Federal and State laws (in11 cluding regulations) within the Wilderness. 

12 (4) FISH AND WILDLIFE.—As provided in sec13 tion 4(d)(7) of the Wilderness Act (16 U.S.C. 

14 1133(d)(7)), nothing in this Act affects the jurisdic15 tion or responsibilities of the State with respect to 

16 fish and wildlife within the Wilderness. 

17 (5) WATERCRAFT.—Nothing in this Act affects 

18 the use of watercraft under applicable Federal and 

19 State laws (including regulations) within the Wilder20 ness to the extent that the use was allowed on the 

21 day before the date of enactment of this Act. 

22 (6) NO BUFFER ZONES.— 

23 (A) IN GENERAL.—Nothing in this Act 

24 creates a protective perimeter or buffer zone 

25 around the Wilderness. 

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1 (B) NONWILDERNESS ACTIVITIES.—The 

2 fact that a nonwilderness activity or use can be 

3 seen or heard from within the Wilderness shall 

4 not preclude the conduct of the activity or use 

5 outside the boundary of the Wilderness. 

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

7 (1) modifies, alters, or affects any treaty rights; 

8 (2) modifies, alters, or affects any valid private 

9 property rights in existence on the day before the 

10 date of enactment of this Act; 

11 (3) alters the management of the water of Lake 

12 Michigan within the boundary of the Sleeping Bear 

13 Dunes National Lakeshore in existence on the day 

14 before the date of enactment of this Act; or 

15 (4) prohibits— 

16 (A) the use of motors on the surface water 

17 of Lake Michigan adjacent to the Wilderness; 

18 or 

19 (B) the beaching of motorboats on the 

20 Lake Michigan beach lakeward of the boundary 

21 of the Wilderness. 

Æ 

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