An Act to amend the act establishing the Indiana Dunes National Lakeshore to provide for the expansion of the lakeshore, and for other purposes.
PL 94-549 (H.R.11455), enacted 10/18/1976

PUBLIC LAW 94-549—OCT. 18, 1976 
90 STAT. 2529 
Public Law 94-549 
94th Congress 
An Act 
To amend the Act establishing the Indiana Dunes National Lakeshore to provide 
for the expansion of the lakeshore, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assevfibled^ That the Act entitled 
"An Act to provide for the establishment of the Indiana Dunes 
National Lakeshore, and for other purposes", approved November 5, 
1966 (80 Stat. 1309), as amended (16 U.S.C. 460u), is further amended 
as follows: 
(1) The last sentence of the first section of such Act is amended 
by striking out " 'A Proposed Indiana Dunes National Lakeshore', 
dated September 1966, and bearing the number 'LNPNE-1008-ID'" 
and inserting in lieu thereof " 'Boundary Map, Indiana Dilnes 
National Lakeshore', dated September 1976 and bearing the number 
'626-91007'". 
(2) Section 3 of such Act is amended by inserting the following 
at the end of the first sentence: "By no later than October 1, 1977, the 
Secretary shall publish in the Federal Register a detailed description 
of the boundaries of the lakeshore and shall from time to time so 
publish any additional boundary changes as may occur.". 
(3) (a) Subsection 4(a) of such Act is repealed, subsection 4(b) 
is redesignated as section 4, and the following sentence is added to new 
section 4: "All rights of use and occupancy shall be subject to such 
terms and conditions as the Secretary deems appropriate to assure 
the use of such property in accordance with the purposes of this Act.". 
(b) The first sentence of section 4 of such Act is amended by insert-
ing innnediately after "was begun before" the follow ing: "February 1, 
1973, or, in the case of improved property located 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, before". 
(4) (a) Section 6(a) of such Act is amended by revising the first 
sentence thereof to read as follows: "Except for owners of property 
within the area on the map referred to in the first section of this Act 
as area II-B, any owner or owners, having attained the age of major-
ity, of improved property on the date of its acquisition by the Secre-
tary may, as a condition to such acquisition, retain the rights of use 
and Occupancy of the improved property for noncommercial residen-
tial purposes for a term of twenty years, or for such lesser term as the 
owner or owners may elect at the time of acquisition by the Secretary". 
(b) Section 6(b) of such Act is amended to read as follows: 
"(b) Upon his determination that the property, or any portion 
thereof, has ceased to be used .in accordance with the applicable terms 
and conditions, the Secretary may terminate a right of use and 
occupancy. Nonpayment of property taxes, validly assessed, on any 
retained right of use and occupancy shall also be grounds for termina-
tion of such right by the Secretary. In the event the Secretary termi-
nates a right of use and occupancy under this subsection he shall 
Oct. 18, 1976 
[H.R. 11455]' 
Indiana Dunes 
National 
Lakeshore. 
Expansion. 
16 u s e 460u-2. 
Publication in 
Federal Register. 
Repeal. 
16 u s e 460u-c(. 
16 u s e 460u-5. 
Right of use and 
occupancy. 
Termination. 
90 STAT. 2530 
PUBLIC LAW 94-549—OCT. 18, 1976 
16 u s e 460u-3. 
Indiana Dunes 
National 
Lakeshore 
Advisory 
Commission, 
membership. 
16 u s e 460u-7. 
eoal-fired 
powerplant. 
Porter eounty, 
Ind. 
Appropriation 
authorization. 
16 u s e 460u-9. 
General 
management 
plan, submittal to 
congressional 
committees. 
Rights-of-way or 
easements. 
16 use 
460U-10. 
pay to the owners of the retained 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. With respect to any 
right of use and occupancy in existence on the effective date of this 
sentence, standards for retention of such rights in effect at the time 
such rights were reserved shall constitute the terms and conditions 
referred to in section 4.". 
(5) Section 8 (b) of such Act is amended (a) by striking out "seven 
members" and inserting in lieu thereof "eleven members", and (b) by 
striking out "and" immediately after "State of Indiana;", and (c) 
by striking out "Portage," immediately after "Dune Acres.", and 
(d) by inserting immediately after "designated by the Secretary" the 
following: "; (7) one member who is a year-round resident of the 
city of Gary to be appointed from recommendations made by the 
mayor of such city; (8) one member to be appointed from recommen-
dations made by a regional planning agency established under the 
authority of the laws of the State of Indiana and composed of repre-
sentatives of local and county governments in northwestern Indiana; 
(9) one member who is a year-round resident of the city of Portage 
to be appointed from recommendations made by the mayor of such 
city; and (10) one member who holds a reservation of use and 
occupancy and is a year-round resident within the lakeshore to be 
designated by the Secretary.". 
(6) Section 8 of such Act is further amended by inserting the fol-
lowing new subsection (f) : 
"(f) The Advisory Commission is authorized to assist with the 
identification of economically and environmentally acceptable areas, 
outside of the boundaries of the lakeshore, for the handling and dis-
posal of industrial solid wastes produced by the coal-fired powerplant 
in Porter County, Indiana, section 21, township 37 north, range 6 
west.". 
(7) Section 10 of such Act is amended to read as follows: "The 
Secretary may not expend more than $60,812,100 from the Land and 
Water Conservation Fund for the acquisition of lands and interests 
in lands nor more than $8,500,000 for development. By October 1, 
1979, the Secretary shall develop and transmit to the Committees on 
Interior and Insular Affairs of the United States Congress a general 
management plan detailing the develop)ment of the national lakeshore 
consistent with the preservation objectives of this Act, indicating: 
"(1) the facilities needed to accommodate the health, safety, 
and recreation needs of the visiting public; 
"(2) the location and estimated costs of all facilities, together 
with a review of the consistency of the master plan with State, 
areawide, and local governmental development plans; 
"(3) the projected need for any additional facilities within the 
national lakeshore; and 
" (4) specific opportunities for citizen participation in the plan-
ning and development of proposed facilities and in the implemen-
tation of the general management plan generally.". 
(8) Such Act is amended by adding at the end thereof the 
following: 
"SEC. 11. Nothing in this Act shall diminish any existing (as of 
March 1, 1975) rights-of-way or easements which are necessary for 
high voltage electrical transmission, pipelines, water mains, or line-
haul railroad operations and maintenance. 
PUBLIC LAW 94-549—OCT. 18, 1976 
90 STAT. 2531 
"SEC. 12. (a) Nothing in the Act shall be construed as prohibiting 
any otherwise legal cooling, process, or surface drainage into the part 
of the Little Calumet River located within the lakeshore: Provided^ 
That this subsection shall not affect nor in any way limit the Secre-
tary's authority and responsibility to protect park resources. 
"(b) The authorization of lands to be added to the lakeshore by 
the Ninety-fourth Congress and the administration of such lands as 
part of the lakeshore shall in and of itself in no way operate to render 
more restrictive the application of Federal, State, or local air and 
water pollution standards to the uses of property outside the bound-
aries of the lakeshore, nor shall it be construed to augment the control 
of water and air pollution sources in the State of Indiana beyond 
that required pursuant to applicable Federal, State, or local law. 
"SEC. 13. The Secretary shall acquire the area on the map referred 
to in the first section of this Act as area III-B within two years from 
the effective date of this section only if such area can be acquired 
for not more than $800,000, exclusive of administrative costs of acqui-
sition, as adjusted by the Consumer Price Index: Provided, That the 
Secretary may not acquire such area by any means after two years 
from the effective date of this section. 
"SEC. 14. The Secretary may acquire that portion of area I-C which 
is shaded on the map referred to in the first section of this Act only 
with the consent of the owner unless the present owner attempts to 
sell or otherwise dispose of such area. 
"SEC. 15. Within one year after the date of the enactment of this 
section, the Secretary shall submit, in writing, to the Committees on 
Interior and Insular Affairs and to the Committees on Appropriations 
of the United States Congress a detailed plan which shall indicate— 
"(1) the lands which he has previously acquired by purchase, 
donation, exchange, or transfer for administration for the purpose 
of the lakeshore; and 
"(2) the annual acquisition program (including the level of 
funding) which he recommends for the ensuing five fiscal years. 
"SEC. 16. The Secretary may acquire only such interest in the right-
of-way designated 'Crossing A' on map numbered 626-91007 as he 
determines to be necessary to assure public access to the banks of the 
Little Calumet River within fifty feet north and south of the center-
line of said river. 
"SEC. 17. The Secretary shall enter into a cooperative agreement 
with the landowner of those lands north of the Little Calumet River 
between the Penn Central Railroad bridge within area II-E and 
'Crossing A' within area IV-C. Such agreement shall provide that 
any roadway constructed by the landowner south of United States 
Route 12 within such vicinity shall include grading, landscaping, and 
plantings of vegetation designed to prevent soil erosion and to mini-
mize the aural and visual impacts of said construction, and of traffic on 
such roadway, as perceived from the Little Calumet River. 
"SEC. 18. (a) The Secretary may not acquire such lands within 
the western section of area I-E, as designated on map numbered 
626-91007, which have been used for solid waste disposal until he has 
received a commitment, in accordance with a plan acceptable to him, 
to reclaim such lands at no expense to the Federal Government. 
"(b) With respect to the property identified as area I-E on map 
numbered 626-91007, the Secretary may enter into a cooperative agree-
Little Calumet 
River. 
16 use 
460U-11. 
Land acquisition. 
16 use 
460U-12. 
16 use 
460U-13. 
Plan, submittal to 
congressional 
committees. 
16 use 
460U-14. 
"erossing A'' 
right-of-way. 
16 use 
460U-15. 
16 use 
460U-16. 
16 use 
460U-17. 
90 STAT. 2532 
PUBLIC LAW 94-549—OCT. 18, 1976 
Study, 
transmittal to 
congressional 
committees. 
16 use 
460U-18. 
Land acquisition, 
notice to 
committees; 
publication in 
Federal Register. 
16 use 
460U-19. 
ment whereby the State of Indiana or any political subdivision thereof 
may undertake to develop, manage, and interpret such area in a manner 
consistent with the purposes of this Act. 
"SEC. 19. By July 1, 1977, the Secretary shall prepare and transmit 
to the Committees on Interior and Insular Affairs of the United States 
Congress a study of areas I I I - A , I I I - C , and I I - A , as designated on 
map numbered 626-91007. The Secretary shall make reasonable pro-
vision for the timely participation of the State of Indiana, local public 
officials, affected property owners, and the general public in the for-
mulation of said study, including, but not limited to, the opportunity 
to testify at a public hearing. The record of such hearing shall accom-
f)any said study. With respect to areas I I I - A and I I I - C , the study 
shall (a) address the desirability of acquisition of any or all of the 
area from the standpoint of resource management, protection, and 
public access; (b) develop alternatives for the control of beach erosion 
if desirable, including recommendations, if control is necessary, of 
assessing the costs of such control against those agencies responsible 
for such erosion; (c) consider and propose options to guarantee public 
access to and use of the beach area, including the location of necessary 
facilities for transportation, health, and safety; (d) detail the rec-
reational potential of the area and all available alternatives for achiev-
ing such potential; (e) review the environmental impact upon the 
lakeshore resulting from the potential development and improvement 
of said areas; and (f) assess the cost to the United States from both 
the acquisition of said areas together with the potential savings from 
the retention of rights of use and occupancy and from the retention 
of the boundaries of the lakeshore, as designated on map numbered 
626-91007, including the costs of additional administrative respon-
sibilities necessary for the management of the lakeshore, including 
the maintenance of public services in the town of Beverly Shores, 
Indiana. With respect to area I I - A , the Secretary shall study and 
report concerning the following objectives: (a) preservation of the 
remaining dunes, wetlands, native vegetation, and animal life within 
the area; (b) preservation and restoration of the watersheds of Cowles 
Bog and its associated wetlands; (c) appropriate public access to an(' 
use of lands within the area; (d) protection of the area and the adja-
cent lakeshore from degradation caused by all forms of construction, 
pollution, or other adverse impacts including, but not limited to, 
the discharge of wastes and any excessive subsurface migration of 
water; and (e) the economic consequences to the utility and its cus-
tomers of acquisition of such area. 
"SEC. 20. After notifying the Committees on Interior and Insular 
Affairs of the United States Congress, in writing, of his intentions 
to do so and of the reasons therefor, the Secretary may, if he finds that 
such lands would make a significant contribution to the purposes 
for which the lakeshore was established, accept title to any lands, 
or interests in lands, located outside the present boundaries of the 
lakeshore but contiguous thereto or to lands acquired under this section, 
such lands the State of Indiana or its political subdivisions may acquire 
and offer to donate to the United States or which any private person, 
organization, or public or private corporation may offer to donate to 
the United States and he shall administer such lands as a part of 
the lakeshore after publishing notice to that effect in the Federal 
Register.". 
PUBLIC LAW 94-549—OCT. 18, 1976 
90 STAT. 2533 
(9) Section 5 of such Act is hereby repealed, and the succeeding ^^P^*^-
sections are redesignated accordingly. 
^^ USC 460u-4. 
Approved October 18, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-818 (Comm. on Interior and Insular Affairs). 
SENATE REPORT No. 94-1189 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Feb. 17, considered and passed House. 
Sept. 24, considered and passed Senate, amended. 
Sept. 29, House agreed to Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: 
Oct. 19, Presidential statement.