I
104TH CONGRESS
2D SESSION
H. R. 4023
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 pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 4, 1996
Mr. STUPAK (for himself, Mr. KNOLLENBERG, Mr. UPTON, Mr. BARCIA, Ms.
RIVERS, Mr. CHRYSLER, Mr. LEVIN, Mr. EHLERS, Mr. HOEKSTRA, and
Mr. DINGELL) 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 cer-
tain persons to continue to use and occupy certain areas
within the lakeshore, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENT OF ACT ESTABLISHING SLEEPING
BEAR DUNES NATIONAL LAKESHORE.
(a) EXTENSIONS.—Section 10 of the Act of October
21, 1970, establishing the Sleeping Bear Dunes National
Lakeshore (84 Stat. 1079; 16 U.S.C. 460x–9) is amended
by adding the following at the end thereof:
‘‘(e) EXTENSIONS OF USE AND OCCUPANCY.—
‘‘(1) NOTICE.—The Secretary shall transmit a
notice to all owners of improved property described
in section 11(a) (16 U.S.C. 460x–10(a)) who have
retained a right of use and occupancy, or their suc-
cessors in interest who currently possess such rights.
The notice shall notify such owners, occupiers, or
successors in interest of their right to extend such
right of use and occupancy pursuant to this sub-
section.
‘‘(2) ELECTION.—Any owner notified under
paragraph (1) may elect, within 180 days of receiv-
ing notice pursuant to paragraph (1), to extend his
or her right of use and occupancy beyond the other-
wise applicable termination date. Such extension
shall terminate on the later of the following:
‘‘(A) The date of death of the person who
owned or occupied the property on January 1,
1996.
‘‘(B) The date 25 years after the date of
the election under this paragraph.
If the person who owned or occupied the property on
January 1, 1996, dies before the date 25 years after
the date of the election under this paragraph, the
right of use and occupancy of the property may be
transferred by such person, by will or otherwise, only
to a member or members of such person’s immediate
family for the remainder of the term of the extension
under this subsection.
‘‘(3) CONDITIONS.—Any extension under this
subsection shall be subject to subsections (c) and (d)
in the same manner and to the same extent as is a
retained right under subsection (b), except that ter-
mination of the extension by the Secretary shall take
effect only after 180 days after the Secretary has
notified the person holding the extension of the Sec-
retary’s intention to terminate the extension. Any
extension under this subsection shall be conditioned
upon the annual payment by person to whom such
extension is issued of an amount determined in ac-
cordance with paragraph (4). Any such extension
shall also be conditioned upon the following:
‘‘(A) An agreement by the person to whom
such extension is issued to assume all respon-
sibilities for maintenance, repair, and replace-
ment of all improvements located on the prop-
erty concerned and to indemnify and hold
harmless the United States for any liability
which may arise in connection with such prop-
erty.
‘‘(B) An agreement by the person to whom
such extension is issued to make pro rata pay-
ments to local governments providing services
to persons residing within the boundaries of the
lakeshore in such reasonable amounts and at
such times as may be determined by such local
governments in order to reimburse such local
governments for the costs of providing such
services.
‘‘(4) AMOUNT.—The amount of each payment
to be made by a person under paragraph (3) shall
be such person’s annual pro rata share of an amount
determined according to a formula where the numer-
ator is the value of the property used or occupied by
such person and the denominator is 100. The value
of the property for purposes of this paragraph shall
be the value of the property at the time of its acqui-
sition by the United States, indexed for inflation ac-
cording to the Consumer Price Index, as determined
by the Secretary. Notwithstanding sections 1341
and 3302 of title 31 of the United States Code, such
annual payments shall be retained by the Secretary
and shall be available for use by the Secretary with-
out further appropriation for purposes of mainte-
nance and administration of the national lakeshore.
‘‘(f) AUTHORITY TO LEASE TO FAMILY.—Following
an extension under subsection (e) of a right of use and
occupancy for any property, the Secretary may lease the
property to any member or members of the immediate
family of such owner for a definite or indefinite term, at
the discretion of the Secretary. The Secretary may, after
180 days notice to the lessee, terminate any such lease
when the Secretary determines that the structures on the
property will be removed and the property will be restored
to its natural condition in order to improve the natural
landscape and provide better opportunities for public ac-
cess and enjoyment. Any such lease shall be subject to the
same conditions as referred to in paragraph (3) of sub-
section (e) and lease payments shall be retained by the
Secretary in the same manner as provided in paragraph
(4) of subsection (e).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Section 10(c) of such Act is amended by striking ‘‘many’’
and inserting ‘‘may’’. Section 11(a)(2) of such Act is
amended by striking ‘‘section 10 (b) or (d)’’ and inserting
‘‘section 10’’.
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