An Act to provide for the establishment of the Indiana Dunes National Lakeshore, and for other purposes
PL 89-761 (S.360), enacted 11/05/1966

80 STAT.] 
PUBLIC LAW 89-761-NOV. 5, 1966 
1309 
Public Law 89-761 
AN ACT 
Novembers, 1966 
To provide for the establishment of the Indiana Dunes National Lakeshore, and 
^^' ^^^^ 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in order to 
Indiana Dunes 
preserve for the educational, inspirational, and recreational use of shore?^ 
the public certain portions of the Indiana dunes and other areas of 
Establishment. 
scenic, scientific, and historic interest and recreational value in the 
State of Indiana, the Secretary of the Interior is authorized to estab-
lish and administer the Indiana Dunes National Lakeshore (herein-
after referred to as the "lakeshore") in accordance with the provisions 
of this Act. 
The lakeshore shall comprise the area within the bound-
aries delineated on a map identified as "A Proposed Indiana Dunes 
National Lakeshore", dated September 1966, and bearing the number 
"LNPNE-1008-ID", which map is on file and available for public 
inspection in the office of the Director of the National Park Service, 
Department of the Interior, 
SEC. 2. (a) Within the boundaries of the lakeshore the Secretary of iands^"au^"ori-°^ 
the Interior (hereinafter referred to as the "Secretary") is authorized zation.^" 
to acquire lands, waters, and other property, or any interest therein, 
by donation, purchase with donated or appropriated funds, exchange, 
or otherwise. 
The Indiana Dunes State Park may be acquired only by 
donation of the State of Indiana, and the Secretary is hereby directed 
to negotiate with the State for the acquisition of said park. 
In exer-
cising his authority to acquire property by exchange for the purposes 
of this Act, the Secretary may accept title to non-Federal property 
located within the area described in section 1 of this Act and convey 
to the grantor of such property any federally ow^ned property under the 
jurisdiction of the Secretary which he classifies as suitable for exchange 
or other disposal within the State of Indiana or Illinois. Properties so 
exchanged shall be approximately equal in fair market value, as deter-
mined by the Secretary who may, in his discretion, base his determina-
tion on an independent appraisal obtained by him: Provided^ That the 
Secretary may accept cash from or pay cash to the grantor in such an 
exchange in order to equalize the values of the properties exchanged. 
(b) In exercising his authority to acquire property under subsection 
contracts, 
(a) of this section, the Secretary may enter into contracts requiring the 
expenditure, when appropriated, of funds authorized to be appro-
priated by section 10 of this Act, but the liability of the United 
States under any such contract shall be contingent on the appropria-
tion of funds sufficient to fulfill the obligations thereby incurred. 
SM:;. 3. As soon as practicable after the effective date of this Act 
p°u^c^".^n' 
and following the acquisition by the Secretary of an acreage within in Federa/°" 
the boundaries of the area described in section 1 of this Act which in Register. 
his opinion is efficiently administrable for the purposes of this Act, 
he shall establish the Indiana Dunes National Lakeshore by publica-
tion of notice thereof in the Federal Register. 
Following such estab-
lishment and subject to the limitations and conditions prescribed in 
section 1 hereof, the Secretary may continue to acquire lands and 
interests in lands for the lakeshore. 
SEC. 4. (a) The Secretary's authority to acquire property by con- ^^"g"^^"""^*^ 
demnation shall be suspended with respect to all improved property 
located within the boundaries of the lakeshore during all times when 
an appropriate zoning agency shall have in force and applicable to 
such property a duly adopted, valid zoning ordinance approved by 
the Secretary in accordance with the provisions of section 5 of this 
Act. 
65-300 0-67—85 
1310 
PUBLIC LAW 89-761-NOV. 5, 1966 
[80 
STAT. 
"Improved 
erty." 
Standards. 
(b) The term "improved property", whenever used in this Act, 
shall mean a detached, one-family dwelling, construction of which 
was begun before January 4, 1965, together with so much of the land 
on which the dwelling is situated, the said 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 noncommercial residential use, together with any struc-
tures accessory to the dwelling which are situated on the lands so 
designated. 
The amount of land so designated shall in every case be 
not more than three acres in area, and in making such designation the 
Secretary shall take into account the manner of noncommercial resi-
dential use in which the dwelling and land have customarily been 
enjoyed: Provided^ That the Secretary may exclude from the land so 
designated any beach or waters, together with so much of the land 
adjoining such beach or waters, as he may deem necessary for public 
access thereto or public use thereof. 
SEC. 5. (a) As soon as practicable after enactment of this Act, the 
Secretary shall issue regulations specifying standards for approval 
by him of zoning ordinances for the purposes of sections 4 and 6 of 
this Act. The Secretary may issue amended regulations specifying 
standards for approval by him of zoning ordinances whenever he shall 
consider such amended regulations to be desirable due to changed or 
unforeseen conditions. 
The Secretary shall approve any zoning ordi-
nance and any amendment to any approved zoning ordinance sub-
mitted to him which conforms to the standards contained in the 
regulations in effect at the time of adoption of such ordinance or 
amendment by the zoning agency. 
Such approval shall not be with-
drawn or revoked, by issuance of any amended regulations after the 
date of such approval, for so long as such ordinance or amendment 
remains in effect as approved. 
(b) The standards specified in such regulations and amended regu-
lations for approval of any zoning ordinance or zoning ordinance 
amendment shall contribute to the effect of (1) prohibiting the com-
mercial and industrial use, other than any commercial or industrial use 
w^hich is permitted by the Secretary, of all property covered by the 
ordinance within the boundaries of the lakeshore; and (2) promot-
ing the preservation and development, in accordance with the pur-
poses of this Act, of the area covered by the ordinance within the 
lakeshore by means of acreage, frontage, and setback requirements 
and other provisions which may be required by such regulations to be 
included in a zoning ordinance consistent with the laws of the State 
of Indiana. 
(c) No zoning ordinance or amendment thereof shall be approved 
by the Secretary which (1) contains any provision which he may con-
sider adverse to the preservation and development, in accordance with 
the purposes of this Act, of the area comprising the lakeshore; or (2) 
fails to have the effect of providing that the Secretary shall receive 
notice of any variance granted under and any exception made to the 
application of such ordinance or amendment. 
(d) If any improved property, with respect to which the Secre-
tary's authority to acquire by condemnation has been suspended accord-
ing to the provisions of this Act, is made the subject of a variance 
under or exception to such zoning ordinance, or is subjected to any 
use, which variance, exception, or use fails to conform to or is incon-
sistent with any applicable standard contained in regulations issued 
pursuant to this section and in effect at the time of passage of such 
ordinance, the Secretary may, in his discretion, terminate the suspen-
sion of his authority to acquire such improved property by 
condemnation. 
80 STAT.] 
PUBLIC LAW 89-761-NOV. 5, 1966 
1311 
Termination 
right of Sec-
(e) The Secretary shall furnish to any party in interest requesting 
the same a certificate indicating, with respect to any property located 
within the lakeshore as to which the Secretary's authority to acquire 
such property by condemnation has been suspended in accordance with 
provisions of this Act, that such authority has been so suspended and 
the reasons therefor. 
SEC. 6. (a) Any owner or owners of improved property on the date ^°^^^^l°^ ^"" 
of its acquisition by the Secretary may, as a condition to such acqui- erty, reten-
sition, retain the right of use and occupancy of the improved property "°" "ghts. 
for noncommercial residential purposes for a term of twenty-five years, 
or for such lesser time as the said owner or owners may elect at the time 
of acquisition by the Secretary. 
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. 
The Secretary shall pay to the owner the fair market value of the 
property on the date of such acquisition, less the fair market value on 
such date of the right retained by the owner. 
(b) The Secretary shall have authority to terminate any right of 
use and occupancy retained as provided in subsection (a) of this re^ary 
section at any time after the date upon which any use occurs with 
respect to such property which fails to conform or is in any manner 
opposed to or inconsistent with the applicable standards contained in 
regulations issued pursuant to section 5 of this Act and which is in 
effect on said date: Provided, That no use which is in conformity with 
the provisions of a zoning ordinance approved in accordance with said 
section 5 and applicable to such property shall be held to fail to con-
form or be opposed to or inconsistent with any such standard. 
In the 
event the Secretary terminates a right of use and occupancy under 
this subsection, he shall pay to the owner of the right so terminated 
an amount equal to the fair market value of the portion of said right 
which remained unexpired on the date of termination. 
SEC. 7. (a) In the administration of the lakeshore the Secretary 
may utilize such statutory authorities relating to areas of the national 
park system and such statutory authority otherwise available to him 
lor the conservation and management of natural resources as he deems 
appropriate to carry out the purposes of this Act. 
(b) In order that the lakeshore shall be permanently preserved in 
its present state, no development or plan for the convenience of vis-
itors shall be undertaken therein which would be incompatible with 
the preservation of the unique flora and fauna or the physiographic 
conditions now prevailing or wnth the preservation of such historic 
sites and structures as the Secretary may designate: Provided, 
That 
the Secretary may provide for the public enjoyment and understand-
ing of the unique natural, historic, and scientific features within the 
lakeshore hj establishing such trails, observation points, and exhibits 
and providing such services as he may deem desirable for such public 
enjoyment and understanding: Provided further, That the Secretary 
may develop for appropriate public uses such portions of the lake-
shore as he deems especially adaptable for such uses. 
SEC. 8. (a) There is hereby established an Indiana Dunes National 
Lakeshore Advisory Commission. 
Said Commission shall terminate 
ten years after the date of establishment of the national lakeshore 
pursuant to this Act. 
(b) The Commission shall be composed of seven members, each 
appointed for a term of two years by the Secretary, as follows: (1) 
one member who is a year-round resident of Porter County to be 
appointed from recommendations made by the commissioners of such 
county; (2) one member who is a year-round resident of the town of 
Beverly Shores to be appointed from the recommendations made by 
Administration. 
Indiana Dunes 
National Lake-
shore Advisory 
Commission. 
Membership. 
1312 
PUBLIC LAW 89-762-NOV. 5, 1966 
[80 
STAT. 
Crimes and of-
fenses, juris-
diction. 
Appropriation. 
the board of trustees of such town; (3) one member who is a year-
round resident of the towns of Porter, Dune Acres, Portage, Pines, 
Chesterton, Ogden Dunes, or the village of Tremont, such member to 
be appointed from recommendations made by the boards of trustees 
or the trustee of the affected town or township; (4) one member who 
is a year-round resident of the city of Michigan City to be appointed 
from recommendations made by such city; (5) two members to be 
appointed from recommendations made by the Governor of the State 
of Indiana; and (6) one member to be designated by the Secretary. 
(c) The Secretary shall designate one member to be Chairman. Any 
vacancy in the Commission shall be filled in the same manner in which 
the original appointment was made. 
(d) A member of the Commission shall serve without compensa-
tion as such. The Secretary is authorized to pay the expense reason-
ably 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, from time to time, consult 
with the Commission with respect to matters relating to the develop-
ment of the Indiana Dunes National Lakeshore and with respect to 
the provisions of sections 4, 5, and 6 of this Act. 
SEC. 9. Nothing in this Act shall deprive the State of Indiana or 
any political subdivision thereof of its civil and criminal jurisdiction 
over persons found, acts performed, and offenses committed within the 
boundaries of the Indiana Dunes National Lakeshore or of its right to 
tax persons, corporations, franchises, or other non-Federal property 
on lands included therein. 
SEC. 10. There are hereby authorized to be appropriated not more 
than $27,900,000 for the acquisition of land and interests in land pur-
suant to this Act. 
Approved November 5, 1966. 
November 5, 1966 
[S.1496] 
Public Law 89-762 
AN ACT 
To repeal section 3342 of title 5, United States Code, relating to the prohibition 
of employee details from the field service to the departmental service, and for 
other purposes. 
Federal employ-
ee details. 
Ante, 
p. 425. 
Repeal. 
Be it enacted hy the Senate and House of Rejyresentatives of the 
United States of America in Congress assembled, That (a) section 
3342 of title 5, United States Code, relating to the prohibition of 
details of employees from the field service to the departmental service, 
is hereby repealed. 
(b) The table of contents of subchapter I I I of chapter 33 of title 5, 
United States Code, is amended by striking out— 
"3342. Details; field to departmental service prohibited." 
SEC. 2. Section 525 of the Act of June 17, 1930 (46 Stat. 741; 19 
U.S.C. 1525), which provides exception to the Department of the 
Treasury from the restrictions imposed by section 3342 of title 5, 
United States Code, is hereby repealed. 
Approved November 5, 1966.