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 pur-
poses.
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 cer-
tain persons to continue to use and occupy certain areas
within the lakeshore, and for other purposes.3
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.