An Act to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes
PL 91-479 (H.R.18776), enacted 10/21/1970

84 STAT. ] 
PUBLIC LAW 91-479-OCT. 21, 1970 
1075 
October 2 1 , 1970 
[H. R. 1877(5] 
Sleeping Bear 
Dunes National 
Lakeshore, Mich. 
Public Law 91-479 
AN ACT 
To establish in the State of Michigan the Sleeping Bear Dunes National Lake-
shore, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That (a) the Con-
gress finds that certain outstanding natural features, including forests, 
beaches, dune formations, and ancient glacial phenomena, exist along 
the mainland shore of Lake Michigan and on certain nearby islands 
in Benzie and Leelanau" Counties, Michigan, and that such features 
ought to be preserved in their natural setting and protected from 
developments and uses which would destroy the scenic beauty and nat-
ural character of the area. In order to accomplish this purpose for 
the benefit, inspiration, education, recreation, and enjoyment of the 
public, the Secretary of the Interior (hereinafter referred to as the 
"Secretary") is authorized to take appropriate action, as herein pro-
vided, to establish in the State of Michigan the Sleeping Bear Dunes 
National Lakeshore. In carrying out the provisions of this Act, 
the Secretary shall administer and protect tne Sleeping Bear Dunes 
National Lakeshore in a manner which provides for recreational 
opportunities consistent with the maximum protection of the natural 
environment within the area. 
(b) In preserving the lakeshore and stabilizing its development, 
substantial reliance shall be placed on cooperation between Federal, 
State, and local governments to apply sound principles of land use 
planning and zoning. In developing the lakeshore, full recognition 
shall be given to protecting the private properties for the enjoyment 
of the owners. 
SEC. 2. (a) The Sleeping Bear Dunes National Lakeshore (herein-
after referred to as the "lakeshore") shall comprise the land and 
water area generally depicted on the map entitled "A Proposed Sleep-
ing Bear Dunes National Lakeshore Boundary Map", numbered 
NT^SBD-OljOOO and dated May 1969, which shall be on file and avail-
able for public inspection in the offices of the National Park Service of 
the Department of the Interior. 
(b) As soon as practicable after the date of enactment of this Act 
and following the acquisition by the Secretary of those lands owned 
by the State of Michigan within the boundaries of the area designated 
for inclusion in the lakeshore (excepting not to exceed three hundred 
acres in the Platte Bay area) and of such additional lands, if any, 
as are necessary to provide an area which in his opinion is efficiently 
administrable for the purposes of this Act, he shall establish the 
Sleeping Bear Dunes National Lakeshore by publication of notice 
thereof in the Federal Register. 
SEC. 3. (a) Within thirty days, or as soon as possible thereafter, 
ubHcatk)n°i^" Fed-
after the effective date of this Act, the Secretary shall publish in the erai Regi°ster-
Federal Register a map or other description of the lakeshore delineat-
ing areas constituting the following categories: 
Category I, public use and development areas. 
Category II, environmental conservation areas. 
Category III, private use and development areas. 
(b) Lands and interests therein designated as category I may be 
acquired by the Secretary in accordance with section 8 of this Act. 
(c) Within one hundred and fifty days after the effective date of 
this Act, the Secretary shall publish in the Federal Register an addi-
tional map or other description of those lands, if any, designated as 
within categories I I and I I I for acquisition by him in fee in accord-
ance with section 8 of this Act. 
Publication in 
Federal Register. 
Additional map, 
publication in 
Federal Register. 
1076 
PUBLIC LAW 91-479-OCT. 21, 1970 
[84 STAT. 
Land acquisition, 
limitation. 
Real property, 
use and develop-
ment restrictions, 
notification. 
Advisory com» 
mission. 
Membership. 
Hunting and 
fishing, regu-
lations. 
(d) Except as provided in subsection (f) of this section, the Secre-
tary may, after the p^ublication provided for in subsection (c), acquire 
only such interests in lands designated as category II, other than 
those to be acquired in fee simple, as he deems appropriate to insure 
the continued conservation and preservation of the environmental 
quality of the lakeshore. 
(e) Except as provided in subsection (f) of this section, the Secre-
tary may, after the publication provided for in subsection (c), acquire 
only such interests in lands designated as category III, other than 
those lands to be acquired in fee simple, as he deems appropriate to 
protect lands designated for acquisition. 
(f) Not later than one hundred and fifty days after the effective 
date of this Act, the Secretary shall notify owners of real property in 
categories I I and III^ other than property designated by him for fee 
acquisition, of the mmimum restrictions on use and development of 
such propertjr under which such property can be retained in a manner 
compatible with the purpose for which the lakeshore was established. 
If the owner of any real property in categories I I and I I I agrees to 
the use and development of his property in accordance with such 
restrictions, the Secretary may not acquire, without the consent of such 
owner, such property or interests therein for so long as the property 
affected is used in accordance with such restrictions, unless he deter-
mines that such property is needed for public use development. The 
foregoing limitations on acquisition shall also apply to any owners of 
real property to whom the Secretary did not, within the time set 
forth, give such a notice, except that if any property owner has not, 
within ninety days of the notice agreed to use the property in accord-
ance with the notice, then the Secretary may acquire, without 
limitation, fee or lesser interests in property by any of the methods set 
forth in section 8 of this Act: Provided^ That nothing contained in 
subsections (d) and (e), and in this subsection, which limits the 
acquisition of the fee simple title to property within the lakeshore, 
shall prevent the Secretary from acquiring, without the consent of the 
owner, the fee simple title whenever in the Secretary's judgment the 
estimated cost of acc^uiring the lesser interest would be a substantial 
percentage of the estimated cost of acquiring the fee simple title. 
SEO. 4. (a) There is hereby established a Sleeping Bear Dunes 
National Lakeshore Advisory Commission. The Commission shall 
cease to exist ten years after the establishment of the lakeshore 
pursuant to section 2 of this Act. 
(b) The Commission shall be composed of ten members, each 
appointed for a term of two years by the Secretary, as follows: 
(1) Four members to be appointed from recommendations made 
by the counties in which the lakeshore is situated, two members 
to represent each such county; 
(2) Four members to be appointed from recommendations 
made W the Governor of the State of Michigan; and 
(3) Two members to be designated by the Secretary. 
(c) The Secretary shall designate one member to be Chairman. Any 
vacancy in the Commission SIIEQI be filled in the same manner in which 
the original appointment was made. 
(d) A member of the Commission shall serve without compensation 
as such. The Secretary is authorized to pay the expenses reasonably 
incurred by the Commission in carrying out its responsibilities under 
this Act on vouchers signed by the Chairman. 
(e) The Secretary or his designee shall consult with the Commission 
with respect to matters relating to the development of the lakeshore 
and with respect to the provisions of sections 9,12, and 13 of this Act. 
SEC. 5. In administering the lakeshore the Secretary shall permit 
84 STAT. ] 
PUBLIC LAW 91-479-OCT. 21, 1970 
1077 
Imnting and fishing on lands and waters under liis jurisdiction in 
accordance with the laws of the State of Michigan and the United 
States applicable thereto. The Secretary, after consultation with the 
appropriate agency of the State of Michigan, may designate zones 
and establish periods where and when no hunting shall be permitted 
for reasons of public safety, administration, or public use and enjoy-
ment and issue regulations, consistent w4th this section, as he may 
determine necessary to carry out the purposes of this section. 
SEC. 6. (a) The administration, protection, and development of the 
Administration, 
lakeshore shall be exercised by the Secretary, subject to the provisions 
of this Act and of the Act of August 25,1916 (89 Stat. 535; 16 U.S.C. 
1 et seq.), as amended and supplemented, relating to the areas admin-
istered and supervised by the Secretary through the National Park 
Service; except that authority otherwise available to the Secretary 
for the conservation and management of natural resources may h& 
utilized to the extent he finds such authority will further the purposes 
of this Act. 
(b) In the administration, protection, and development of the area. 
Land and water 
the Secretary shall prepare and implement a land and water use man- "^^ ^^^"' 
agement plan, which shall include specific provisions for— 
(1) development of facilities to provide the benefits of public 
recreation; 
(2) protection of scenic, scientific, and historic features con-
tributing to public enjoyment; and 
(3) such protection, management, and utilization of renewable 
natural resources as in the judgment of tihe Secretary is consistent 
with, and will further the purpose of, public recreation and pro-
tection of scenic, scientific, and historic features contributing to 
public enjoyment. 
(c) Within four years from the date of enactment of this Act, the re'^ort^trpr^e^'L 
Secretary of the Interior shall review the area within the Sleeping dent. 
Bear Dunes National Lakeshore and shall report to the President, in 
accordance with subsections 3(c) and 3(d) of the Wilderness Act (78 
Stat. 890; 16 U.S.C. 1132 (c) and (d), his reconrnienidation as to the 
suitability or nonsuitability of any area within the lakeshore for pre-
servation as wilderness, and any designation of smy such area as a wild-
erness shall be accomplished in accordance with said subsections of the 
Wilderness Act. 
(d) In developing the lakeshore the Secretary shall provide public 
use areas in such places and manner as he determines will not diminish 
the value or enjoyment for the owner or occupant of any improved 
property located thereon. 
SEC. 
7. Nothing in this Act shall be construed as prohibiting any 
Tax assessments, 
governmental jurisdiction in the State of Michigan from assessing 
taxes upon any interest in real estate retained under the provisions of 
section 10 of this Act to the owner of such interest. 
SEC. 8. (a) The Secretary is authorized to acquire by donation, pur- 
j , ^ ^ / " ^ ^ ' " ' ^ ' " " ' " " 
chase with donated or appropriated funds, transfer funds, transfer °'^ ^
"
"
^ ^"^^' 
from any Federal agency, or exchange lands and interests therein for 
the purposes of this Act. When an individual tract of land is only 
partly within the area designated, the Secretary may acquire the entire 
tract by any of the above methods to avoid the payment of severance 
costs. Land so acquired outside the designated area may be exchanged 
by the Secretary for non-Federal lands within such area, and any por-
tion of the land not utilized for such exchanges may be disposed of in 
accordance with the provisions of the Federal Property and Adminis-
trative Services Act of 1949 (63 Stat. 377), as amended (40 U.S.C. 
471 et seq.). 
1078 
PUBLIC LAW 91-479-OCT. 21, 1970 
[84 STAT. 
Federal prop-
erty, transfer. 
Acquisition by 
condemnation. 
(b) In exercising his authority to acquire property under this Act, 
the Secretary shall give immediate and careful consideration to any 
offer made by an individual owning property within the lakeshore to 
sell such property to the Secretary. An individual owning property 
within the lakeshore may notify the Secretary that the continued 
ownership by such individual of that property would result in hard-
ship to him, and the Secretary shall immediately consider such evi-
dence and shall within one year following the submission of such 
notice, subject to the availability of funds, purchase such property 
offered for a price which does not exceed its fair market value. 
(c) Any property or interests therein, owned by the State of Michi-
gan or any political subdivisions thereof, may be acquired only by 
donation. Notwithstanding any other provision of law, any property 
owned by the United States on the date of enactment of this Act 
located within such area may, with the concurrence of the agency 
having custody thereof^ be transferred without consideration to the 
administrative jurisdiction of the Secretary for use by him in carrying 
out the provisions of this Act. 
(d) With respect to that property which the Secretary is author-
ized to acquire by condemnation under the terms of this Act, the 
Secretary shall initiate no condemnation proceedings until after he 
has made every reasonable effort to acquire such property by negotia-
tion and purchase. The certificate of the determination by the Secretary 
or his designated representative that there has been compliance with 
tlie provisions of this subsection and of subsection (b) of this section 
shall be prima facie evidence of such compliance. 
(e) Nothing in this Act shall be construed to prohibit the use of 
condemnation as a means of acquiring a clear and marketable title, 
free of any and all encumbrances. 
Zoning bylaws. 
^^^J 9 (a) The Secretary shall, at the request of any township or 
county in or adjacent to the lakeshore affected by this Act, assist and 
consult with the appropriate officers and employees of such township 
or county in establishing zoning bylaws for the purpose of this Act. 
Such assistance may include payments to the county or township for 
technical aid. 
(b) No improved property within the area designated for inclusion 
in the lakeshore shall be acquired by the Secretary by condemnation 
so long as the affected county or township has in force and applicable 
thereto a duly adopted, valid zoning bylaw approved by the Secretary 
in accordance with the provisions of subsection (d) of this section and 
the use of improved property is in compliance therewith. In the event 
that the affected county or township does not have in effect and appli-
cable to any improved property a duly adopted, valid zoning bylaw so 
approved, the Secretary shall be prohibited from acquiring such prop-
erty by condemnation, if the owner thereof notifies the Secretary m 
writing of such owner's agreement to use his property in a manner con-
sistent with the applicable standard set forth in subsection (d) of 
this section, and such prohibition against condemnation shall remain 
in effect for so long as such property is so used. 
(c) If the Secretary determines that any such property referred to 
in subsection (b) of this section covered by any such bylaw is being 
used in a way which is not in substantial compliance with such bylaw, 
or that any such property referred to in subsection (b) with respect 
to which an agreement has been made is bein^ used in a manner which 
is not substantially consistent with such applicable standards, he shall 
so notify the owner of any such property m writing. Such notice shall 
contain a detailed statement as to why the Secretary believes that such 
use is not in substantial compliance with such zoning bylaw or why 
such use is not substantially consistent with such applicable standards, 
as the case may be. Any such owner shall have sixty days following the 
84 STAT. ] 
PUBLIC LAW 91-479~OCT. 21, 1970 
1079 
receipt by him of that written notification within which to discontinue 
the use referred to in such notification. Discontinuance of such use 
within such sixty-day period shall have the effect of prohibiting the 
Secretary from acquirmg such property by condemnation by reason 
of such use. In any case m which such use is not discontinued within 
such sixty-day period, the Secretary may, in his discretion, acquire 
such property by condemnation. 
(d) Any zoning bylaw or amendment thereto submitted to the Sec- ti^^i^rr^a''°r"t^"i 
retary for approval for the purposes of this Act shall be approved by 
°"^ °' approve.. 
him if such bylaw or amendment contains provisions which— 
(1) contribute to the effect of prohibiting the commercial and 
industrial use (other than a use for a commercial purpose as 
authorized under section 13 of this Act) of all property within the 
boundaries of such area which is situated within the county or 
township adopting such bylaw or amendment; 
(2) are consistent with the objectives and purposes of this Act 
so that, to the extent possible under Michigan law, the scenic and 
scientific values of the lakeshore area will be protected; 
(3) are designed to preserve the lakeshore character of the area 
by appropriate restrictions upon the burning of cover, cutting 
of timber (except tracts managed for sustained yield), removal 
of sand or gravel, and dumping, storage, or piling of refuse and 
other unsightly objects or other uses which would detract from 
the natural or traditional lakeshore scene; 
(4) provide that no construction, reconstruction, moving, alter-
ation, or enlargement of any property, including improved prop-
erty as defined in this Act, within the lakeshore area shall be per-
mitted, if such construction, reconstruction, moving, alteration, or 
enlargement would afford less than a fifty-foot setback from all 
streets measured at a right angle with the street line, and a twenty-
five-foot distance from all contiguous properties. Any owner or 
zoning authority may request the Secretary of the Interior to 
determine whether a proposed move, alteration, construction, 
reconstruction, or enlargement of any such property would subject 
such property to acquisition by condemnation, and the Secretary, 
within sixty days of the receipt of such request, shall advise the 
owner or zoning authority in writing whether the intended use 
, 
will subject the property to acquisition by condemnation; and 
(5) have the effect of providing that the Secretary shall receive 
notice of any variance granted under, and of any exception made 
to the application of, such bylaw or amendment. 
(e) The approval of any bylaw or amendment pursuant to sub-
section (d) shall not be withdrawTi or revoked by the Secretary for 
so long as such bylaw or amendment remains in effect as approved. 
Any such bylaw or amendment so approved shall not be retroactive 
in its application. 
SEC. 10. (a) Any owner or owners of improved property situated 
property owners, 
within the area designated for inclusion in the lakeshore on the date 
of its acquisition by the Secretary may, as a condition of such acquisi-
tion, retain, for a term of not to exceed twenty-five years, or for a 
term ending at the death of such owner or owners, the right of use and 
occupancy of such property for any residential purpose which is not 
incompatible with the purposes of this Act or which does not impair 
the usefulness and attractiveness of the area designated for inclusion. 
The Secretary shall pay to the owner the value of the property on 
the date of such acquisition, less the value on such date of the right 
retained by the owner. Where any such owner retains a right of use 
and occupancy as herein provided, such right during its existence 
may be conveyed or leased for noncommercial residential purposes in 
accordance with the provisions of this section. 
retention of use. 
47-348 O - 72 - 72 (Pt. 1) 
1080 
PUBLIC LAW 91-479-OCT. 21, 1970 
[84 STAT. 
"Improved 
property." 
Scenic roads. 
Commercial 
property. 
(b) Any deed or other instrument used to transfer title to property, 
with respect to which a right of use and occupancy is retained under 
this section, shall provide that such property shall not be used for 
any purpose which is incompatible with purposes of this Act, or 
which impairs the usefulness and attractiveness of such area and if 
it should be so used, the Secretary shall have authority to terminate 
such right. In the event the Secretary exercises his power of termina-
tion under this subsection he shall pay to the owner of the right 
terminated an amount equal to the value of that portion of such right 
which remained unexpired on the date of such termination. 
SEC. 11. As used in this Act, the term "improved property" means a 
detached, one-family dwelling, construction of which was begun before 
December 31, 1964, together with so much of the land on which the 
dwelling is situated, such land being in the same ownership as the 
dwelling, as the Secretary shall designate to be reasonably necessary 
for the enjoyment of the dwelling for the sole purpose of noncommer-
cial residential use, together with any structures accessory to the 
dwelling which are situated on the lands so designated. The amount 
of the land so designated shall in every case be at least three acres 
in area, or all of such lesser acreage as may be held in the same owner-
ship as the dwelling, and in making such designation the Secretary 
shall take into account the manner of noncommercial residential use 
in which the dwelling and land have customarily been enjoyed: Pro-
vided., however^ That the Secretary may exclude from the land so 
designated any beach or waters on Lake Michigan, together with so 
much of the land adjoining any such beach or waters, as the Secretary 
may deem necessary for public access thereto. If the Secretary makes 
such exclusion, an appropriate buffer zone shall be provided between 
any residence and the public access or beach. 
SEC. 12. In order to facilitate visitor travel, provide scenic overlooks 
for public enjoyment and interpretation of the national lakeshore 
and related features, and in order to enhance recreational oppor-
tunities, the Secretary is authorized to construct and administer as a 
part of the national lakeshore scenic roads of parkway standards gen-
erally lying within the parkway zone designated on the map specified 
in section 2(a) of this Act. Such scenic roads shall include necessary 
connections, bridges, and other structural utilities. Notwithstanding 
any other provision of this Act, the Secretary may procure for this 
purpose land, or interest therein, by donation, purchase with appropri-
ated or donated funds, or otherwise: Provided. That land and interest 
so procured shall not exceed one hundred and fifty acres per mile of 
scenic road, except that tracts may be procured in their entirety in 
order to avoid severances. Property so acquired in excess of the acre-
age limitation provided in this section may be exchanged by the 
Secretary for any land of approximately equal value authorized for 
acquisition by this Act. 
SEC. 13. In any case not otherwise provided for in this Act, the 
Secretary shall be prohibited from condemning any commercial prop-
erty used for commercial purposes in existence on December 31, 1964, 
so long as, in his opinion, the use thereof would further the purpose of 
this Act, and such use does not impair the usefulness and attractiveness 
of the area designated for inclusion in the lakeshore. The following 
uses, among others, shall be considered to be uses compatible with the 
purposes of this Act: Commercial farms, orchards, motels, rental 
cottages, camps, craft and art studios, marinas, medical, legal, archi-
tectural, and other such professional offices, and tree farms. 
SEC. 14. The Secretary shall furnish to any interested person request-
ing the same a certificate indicating, with respect to any property 
84 STAT. ] 
PUBLIC LAW 91-481-OCT. 21, 1970 
1081 
which the Secretary lias been prohibited from acquiring by condem-
nation in accordance with provisions of this Act, that such authority is 
prohibited and the reasons therefor. 
SEC. 15. There are authorized to be appropriated not more than 
$19,800,000 for the acquisition of lands and interests in lands and not 
more than $18,769,000 (June 1970 prices) for development, plus or 
minus such amounts, if any, as may be justified by reason of ordinary 
fluctuations 
in construction costs as indicated by engineering cost 
indices applicable to the type of construction involved herein. 
Approved October 21, 1970. 
Appropriation. 
Public Law 91-480 
AN ACT 
To revise the per diem allowance authorized for members of the American Biattle 
Monuments Commission when in a travel status. 
October 21, 1970 
[H.R. 18731] 
Be it enacted hy the SeTiate and House of Representatives 
of the 
United States of America in Congress assernhled, That the second 
American Battle 
paragraph of the first section of the Act entitled "An Act for the crea- m°s8U)n"membM8. 
tion of an American Battle Monuments Commission to erect suitable 
p^r diem aiiow-
memorials commemorating the services of the American soldier in ""'^*' ^'^^'^^^^' 
Europe, and for other purposes," approved March 4, 1923 (42 Stat. 
1509, as amended by the Act of July 25,1956, 70 Stat. 640; 36 U.S.C. 
121), is amended to read as follows: 
"The members of the Commission shall serve as such without com-
pensation, except that (1) their actual expenses in connection with the 
work of the Commission, (2) when in a travel status outside the con-
tinental United States, a per diem of $40 in lieu of subsistence, and 
(3) when in a travel status within the continental United States, a per 
diem at the same rate authorized to be paid under section 5703(c) (1) 
of title 5, United States Code, may be paid to them from any funds 
appropriated for the purposes of this Act, or acquired by other means 
hereinafter authorized." 
Approved October 21, 1970. 
80 Stat. 499; 
83 Stat. 190. 
Public Law 91-481 
A N A C T 
October 21, 1970 
To authorize subsistence, without charge, to certain air evacuation patients. 
[H. R. 9654] ^ 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That subchapter I 
of chapter 57 of title 5, United States Code, is amended as follows: 
(1) By adding the following new section: 
'^§5709. Air evacuation patients: furnished subsistence 
"Notwithstanding any other provision of law, and under regula-
tions prescribed imder section 5707 of this title, an employee and his 
dependents may be furnished subsistence without charge while being 
evacuated as a patient by military aircraft of the United States." 
(2) By adding the following new item at the end of the analysis: 
"5709. Air evacuation patients: furnished subsistence." 
SEC. 2. Chapter 55 of title 10, United States Code, is amended as 
follows: 
(1) By adding the following new section: 
Air evacuation 
patients. 
Subsistence. 
80 Stat. 498; 
83 Stat. 190. 
5 u s e 5701-
5708. 
72 Stat. 1445; 
80 Stat. 866. 
10 u s e 1071-
1087.