A bill relating to the Indiana Dunes National Lakeshore, and for other purposes.
PL 99-583 (H.R.4037), enacted 10/29/1986

100 STAT. 3318 
PUBLIC LAW 99-583—OCT. 29, 1986 
Oct. 29, 1986 
[H.R. 4037] 
National parks, 
monuments, etc. 
Housing. 
Real property. 
16 u s e 460U-3. 
Public Law 99-583 
99th Congress 
An Act 
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Relating to the Indiana Dunes National Lakeshore, 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. INDIANA DUNES NATIONAL LAKESHORE. 
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(a) BOUNDARY CHANGES.—The first section of the Act entitled "An 
Act to provide for the establishment of the Indiana Dunes National 
Lakeshore, and for other purposes", approved November 5, 1966 (16 
U.S.C. 460u), is amended by striking out "December 1980, and 
bearing the number 626-91014" and inserting in lieu thereof "Octo-
ber 1986, and numbered 626-80,033-B". 
(b) DEFINITION OF IMPROVED PROPERTY.—Section 4 of such Act is 
amended by striking out the first sentence and substituting "As 
used in this Act, the term 'improved property' means a detached, 
one-family dwelling which meets each of the following criteria: 
"(1) The construction of the dwelling began before the date 
(shown in the table contained in this section) corresponding to 
the appropriate map. 
"(2) The property is located within the boundaries delineated 
on the map described in such table which corresponds to such 
date. 
"(3) The property is not located within the boundaries of any 
other map referred to in such table which bears an earlier date. 
The term 'appropriate map', means a map identified as 'Boundary 
Map—Indiana Dunes National Lakeshore (or 'A Proposed Indiana 
Dunes National Lakeshore' in the case of a dwelling the construc-
tion of which was begun before January 4, 1965) which is dated and 
numbered as provided in the following table. 
Property Within Boundaries of Map 
Construction Began 
Before 
Dated October 1986, # 626-80,033-B 
February 1, 1986 
Dated December 1980, #626-91014 
January 1, 1981 
Dated September 1976, #626-91007 
February 1, 1973 
Dated September 1966, #LNPNE-1008-ID 
January 4, 1965 
Public 
information. 
The term 'improved property' also includes the lands on which the 
dwelling is situated which meets both of the following criteria: 
"(A) The land is in the same ownership as the dwelling. 
"(B) The Secretary has designated the lands as reasonably 
necessary for the enjoyment of the dwelling for the sole purpose 
of noncommercial residential use. 
Such term also includes any structures accessory to the dwelling 
which are situated on the lands so designated. The maps referred to 
in this section shall be on file and available for public inspection in 
the Office of the Director of the National Park Service, Department 
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PUBLIC LAW 99-583—OCT. 29, 1986 
100 STAT. 3319 
of the Interior. The Secretary shall designate the land referred to in 
subparagraph (B).". 
(c) RETAINED RIGHTS.—Section 5(a) of such Act (16 U.S.C. 460u-5a) 16 use 460u-5. 
is amended as follows: 
(1) Strike out "the first section" and insert in lieu thereof 
"section 4, dated December 1980, and numbered 626-91014." Ante, p. 3318. 
(2) Strike out ": Provided, That" and substitute a period 
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followed by "In the C£ise of improved property within the 
boundaries of the map dated December 1980 and numbered 
626-91014". 
(3) After "(a)" strike "Except for" and insert "(1) Except for 
owners described in paragraph (2) and". 
(4) Strike "(1)" in each place it appears and substitute "(A)" 
and strike "(2)" and substitute "(B)". 
(5) Add the following at the end thereof: 
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"(2)(A) In the case of property included within the boundaries of 
the lakeshore after 1980, any owner or owners of record of improved 
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property may retain a right of use and occupancy for noncommer-
cial residential purposes for a term ending at either of the following: 
"(i) A fixed term not to extend beyond September 30, 2010, or 
gibS . ? 
such lesser fixed term as the owner or owners may elect at the 
time of acquisition. 
"(ii) A term ending at the death of any owner or of a spouse of 
any owner, whichever occurs last. 
The owner shall elect the term to be reserved. 
"(B) The retention of rights under subparagraph (A) shall be 
available only to individuals who are homeowners of record as of 
July 1, 1986, who have attained the age of majority £is of that date 
and who make a bona fide written offer not later than July 1, 1991, 
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to sell to the Secretary.". 
(d) AUTHORIZATION.—Section 9 of such Act (16 U.S.C. 460u-9) is 
amended as follows: 
(1) In the first sentence strike "$11,000,000" and insert in lieu 
thereof "$20,000,000". 
(2) Add after the last paragraph "In addition to any other 
sums authorized for the acquisition of lands and interests in 
lands pursuant to the provisions of this Act there are authorized 
to be appropriated an additional $3,500,000 to be used for such 
purposes. The Secretary shall conduct a feasibility study of Highways, 
establishing United States Highway 12 £is the 'Indiana Dunes 
Parkway' under the jurisdiction of the National Park Service. 
The Secretary shall submit the results of such study to the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate within two years 
after the enactment of this sentence. Effective October 1, 1986, 
there is authorized to be appropriated such sums as may be 
necessary for the purposes of conducting the feasibility study.". 
(e) EXISTING PROPERTY RIGHTS.—Section 10 of such Act (16 U.S.C. 
460u-16) is amended by inserting at the end thereof: "Nothing in Energy. 
this Act shall be construed to diminish the existing property rights 
16 use 460u-l0. 
of Northern Indiana Public Service Company (as of October 1, 1986) 
with respect to— 
"(1) a parcel of land owned in fee by the Northern Indiana 
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Public Service Company and used for high voltage electrical 
transmission lines, pipelines, and utility purposes, beginning at 
said Company's Dune Acres substation and extending east to 
100 STAT. 3320 
PUBLIC LAW 99-583—OCT. 29, 1986 
Ante, p. 3318. 
Ante, p. 3318. 
16 u s e 460U-15. 
16 u s e 460U-24. 
eontracts. 
Boating. 
Canoeing. 
Fish and fishing. 
Hiking. 
Bicycling. 
16 u s e 460U-6. 
said Company's Michigan City Generating Station, which parcel 
by this Act is included within the boundaries of the Indiana 
;c. Dunes National Lakeshore and herein designated as area II-I 
on National Park Service Boundary Map No. 626-80,033-B, 
dated October 1986, excluding that certain parcel of approxi-
mately 6.0 acres adjacent Mineral Springs Road in areas II-I, 
and 
(2) land owned in fee by the Northern Indiana Public Service 
Company and used for high voltage electrical transmission 
lines, pipelines, and utility purposes as has by this Act been 
included within the boundaries of the Indiana Dunes National 
Lakeshore and herein designated as area II-H on said National 
Park Service Boundary Map No. 626-80,033-B." 
(f) OWNER CONSENT REQUIRED.—Section 13 of such Act (16 U.S.C. 
460U-13) is amended by changing "SEC. 13." to "SEC. 13. (a)", by 
striking out "the first section" and inserting in lieu thereof "section 
4, dated December 1980 and numbered 626-91014", and by adding a 
new subsection (b) as follows: 
"0)) The Secretary may acquire that portion of area IV-B in 
private ownership on the map referred to in section 1 of this Act 
only with the consent of the owner: Provided, That the Secretary 
may acquire an agricultural easement should the owner change the 
use in existence as of September 19, 1986, through eminent 
domain.". 
(g) MAP REFERENCE.—Section 16 of such Act (16 U.S.C. 460u-16) is 
amended by inserting at the end of the first sentence "on the map 
referred to in section 4, dated October 1976, and numbered 
626-9100". 
(h) RIGHTS-OF-WAY.—Section 15 of such Act is amended by adding 
the following at the end thereof: "The Secretary may acquire only 
such interest in the rights-of-way designated 'Crossing B' and 'Cross-
ing C on the map dated October 1986 and numbered 626-80,033-B 
as he determines to be necessary to assure public access to the banks 
of the Little Calumet River and the banks of Salt Creek within fifty 
feet on either side of the centerline of said river and creek.'. 
(i) COOPERATIVE AGREEMENT AND STUDY.—Add the following new 
section at the end of such Act: 
"SEC. 24. LITTLE CALUMET RIVER AND BURNS/PORTAGE WATERWAY. 
"(a) COOPERATIVE AGREEMENT.—The Secretary may enter into a 
cooperative agreement with the Little Calumet River Basin Develop-
ment Commission, the State of Indiana or any political subdivision 
thereof for the planning, management, and interpretation of rec-
reational facilities on the tract within the boundaries of Indiana 
Dunes National Lakeshore identified as tract numbered 09-177 or 
on lands under the jurisdiction of the State of Indiana or political 
subdivision thereof along the Little Calumet River and Burns 
Waterway. The cooperative agreement may include provision for the 
planning of public facilities for boating, canoeing, fishing, hiking, 
bicycling, and other compatible recreational activities. Any rec-
reational developments on lands under the jurisdiction of the Na-
tional Park Service planned pursuant to this cooperative agreement 
shall be in a manner consistent with the purposes of this Act, 
including section 6(b). 
"(b) STUDY.—The Secretary shall conduct a study regarding the 
options available for linking the portions of the lakeshore which are 
divided by the Little Calumet River and Burns/Portage Waterway 
PUBLIC LAW 99-583—OCT. 29, 1986 
100 STAT. 3321 
so as to coordinate the management and recreational use of the 
lakeshore. The Secretary shall submit the results of the study to the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the United States Senate within two years after the 
enactment of this section. Effective October 1, 1986, there is au- Effective date. 
thorized to be appropriated such sums £is may be necessary for the Appropriation 
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authorization. 
purposes of conductmg the study. . 
Approved October 29, 1986. 
LEGISLATIVE HISTORY—H.R. 4037: 
HOUSE REPORTS: No. 99-762 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Aug. 11, considered and passed House. 
Oct. 16, considered and passed Senate, amended. 
Oct. 17, House concurred in Senate amendment.