A bill to amend sections 10 and 11 of the Act of October 21, 1970 (P.L. 91-479; 16 U.S.C. 460X), entitled "An Act to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes".
PL 97-361 (H.R.3787), enacted 10/22/1982

96 STAT. 1720 
PUBLIC LAW 97-361—OCT. 22, 1982 
Public Law 97-361 
97th Congress 
An Act 
Oct 22 1982 
"^^ amend sections 10 and 11 of the Act of October 21, 1970 (Public Law 91-479; 16 
' 
U.S.C. 460x), entitled "An Act to establish in the State of Michigan the Sleeping 
[H.R. 3787] 
Bear Dunes National Lakeshore, and for other purposes". 
Be it enacted by the Senate and House of Representatives of the 
Sleeping Bear 
United States of America in Congress assembled, That section 10 of 
LakesW*'''''^^ 
the Act entitled "An Act to estabhsh in the State of Michigan the 
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Sleeping Bear Dunes National Lakeshore, and for other purposes", 
1
6 use 460X-9. 
approved October 21, 1970 (16 U.S.C. 460x-xl4), is amended by 
striking out subsection 0^) and inserting in lieu thereof the following 
new subsections: 
"O^) Any person who is— 
"(1) an owner of improved property described in section 
11(a)(2) which is situated within the area designated for inclu-
sion in the lakeshore on the date of its acquisition by the 
Secretary; or 
"(2) an occupier of improved property described in section 
Post, p. 1721. 
11(a)(2) which is situated within the area designated for inclu-
sion in the lakeshore on the date of its acquisition by the 
Secretary, in situations where the fee ownership of such 
improved property has been heretofore acquired by the United 
States (whether by donation, purchase, condemnation, exchange 
or otherwise); 
may retain, for a term not to exceed twenty-five years from January 
1,1973, or for a term ending on the death of such owner or occupier, 
the right of use or 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. Such owner or occupier must notify the 
Secretary of any intention to exercise such option within 60 days 
Post, p. 1721. 
after receipt of the notice referred to in section 11(c)(3). In situations 
where the United States has not heretofore acquired fee title to the 
improved property, 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. In situations where the 
United States has heretofore acquired fee title to the improved 
property, the occupier may notify the Secretary that such occupier 
elects to retain continued use and occupancy of such property 
pursuant to this section, in which event the occupier shall pay to the 
Secretary the value of the additional right retained, which value 
shall be based upon the value of the property at the time of its 
acquisition by the Secretary. 
(c) Any deed or other instrument used to transfer title to prop-
erty, with respect to which a right of use and occupancy is retained 
under this section, and any instrument evidencing any right of use 
and occupancy retained by any occupier 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 
PUBLIC LAW 97-361—OCT. 22, 1982 
96 STAT. 1721 
used, that the Secretary many terminate such right. In the event 
the Secretary exercises his power of termination under this subsec-
tion 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. 
"(d)(1) Any owner or occupier of improved property who retains a 
right of use and occupancy under subsection (b) may convey or lease 
such right during its existence to a member of such owner or 
occupier's immediate family for noncommercial residential purposes 
which are not incompatible with the purposes of this Act and which 
do not impair the usefulness and attractiveness of the area desig-
nated for inclusion. 
"(2) Any owner or occupier of improved property who has retained 
a right of use and occupancy under subsection (b) may terminate 
such right at any time, and the Secretary shall pay, within 120 days 
after the date of such termination, to the owner of the right termi-
nated an amount equal to the value of that portion of such right 
which remained unexpired on the date of such termination. 
"(3) As used in this Act, the term 'member of the immediate 
family' means spouse, brother, sister, or child, including persons 
bearing such relationships through adoption, and step-child.". 
SEC. 2. Section 11 of the Act amended by the first section of this 
Act is amended to read as follows: 
"SEC. 11. (a) As used in this Act, the term 'improved property' 
means a detached, one-family dwelling, construction of which— 
"(1) was begun before December 31,1964, or 
"(2) for the purposes of section 10(b) or 10(d), was begun on or 
after December 31, 1964, and before October 21, 1970, and has 
been openly and continuously used, at least during the summer 
months of each year when similar dwellings in the area are 
used, as a residential dwelling since such construction was 
completed, and with respect to the portion of such period after 
any acquisition of such property by the United States, by the 
owner, or a member of the immediate family of the owner, of 
such dwelling on the date of such acquisition, 
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 enjoy-
ment of the dwelling for the sole purpose of noncommercial residen-
tial use, together with any structures accessory to the dwelling 
which are situated on the lands so designated. The amount of 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 ownership 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. 
"(b) The Secretary may exclude from the land designated under 
subsection (a) 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. 
"(c)(1) The Secretary may exclude from the category of 'improved 
property' under this Act any property described in subsection (a)(2) 
which the Secretary determines is in an area required for public use 
or development in the immediate future. In making any such deter-
mination the Secretary shall take into account the proximity of such 
Right of use and 
occupancy. 
Termination. 
"Member of the 
immediate 
family." 
"Improved 
property." 
16USC460X-10. 
Ante, p. 1720. 
Beach or watesrs, 
exclusion. 
Improved 
property, 
exclusion. 
96 STAT. 1722 
PUBLIC LAW 97-361—OCT. 22, 1982 
Right of use and 
occupancy, 
termination. 
16 u s e 460X-11. 
Land exchange. 
property to any other improved property, the development or public 
use of the lakeshore and the related timetable therefor, and the 
anticipated availability in the immediate future of funds related to 
such development or public use. 
"(2)(A) With respect to any improved property, as defined in 
subsection (a)(2), with respect to which the occupier has retained a 
right of use and occupancy under section 10(b), the Secretary may 
terminate such right 90 days after notifying in writing the occupier, 
if the Secretary determines that such improved property is needed 
for public use or development under this Act. In making any such 
determination the Secretary shall take into account the proximity of 
such property to any other improved property, the development or 
public use requirements of the lakeshore and related timetable 
therefor, and the current availability of funds for the proposed 
public use or development. 
"(B) The Secretary 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. 
"(3)(A) The Secretary must, within 60 days after the date of 
enactment of this subsection, notify in writing any owner or occu-
pier of property described in subsection (a)(2) that an option to 
retain rights with respect to such property exists under section 
10(b), whether such property shall be subject to any action by the 
Secretary under paragraph (1) of this subsection, the nature of such 
proposed action, the reasons for such proposed action, and the 
contemplated timetable therefor. 
"(B) With respect to any proposed action to be taken under 
paragraph (2) of this subsection, if the Secretary determines within 
60 days after the date of enactment of this subsection, after taking 
into account timetable and funding projections, that, consistent with 
the General Management Plan dated October 1979, public use or 
development is anticipated before 1998 for an area conteiining any 
improved property described in subsection (aX2), the Secretary shall 
include notice of such determination in any notification under 
subparagraph (A) of this paragraph. Any failure of the Secretary to 
so notify an occupier pursuant to this subparagraph shall not 
preclude the Secretary from taking action under paragraph (2) at 
some future date.". 
SEC. 3. Section 12 of the Act amended by the first two sections of 
this Act is amended— 
(1) by inserting "(a)" immediately before "In order to facili-
tate"; 
(2) by inserting "Benzie County and within" after "within" in 
the first sentence thereof; and 
(3) by adding the following at the end thereof: 
"(b) Except as provided in subsection (c), any lands in Leelanau 
County acquired by the Secretary under this section before the date 
of enactment of this subsection which are within the parkway zone 
depicted on the map specified in section 2(a) but which are not 
within, or contiguous to, the lakeshore zone as depicted on such map 
may be exchanged by the Secretary for other lands of approximately 
equal value in the lakeshore. If the Secretary is unable to effect such 
an exchange, such lands may be offered for sale to the person who 
owned such lands immediately before their acquisition by the Secre-
tary. If such previous owner declines such offer, the Secretary may 
sell such lands to any buyer. Proceeds from any sale under this 
PUBLIC LAW 97-361—OCT. 22, 1982 
96 STAT. 1723 
subsection shall be credited to the account established under section 
17 of this Act. 
"(c) The Secretary is authorized to obtain and administer, accord-
ing to the provisions of this section, as a part of the lakeshore as 
Resource Preservation Areas certain interests in the following lands: 
"(1) Approximately 600 acres designated as 'Miller Hill' on 
the map numbered 634-91,001, dated September 1982. 
"(2) Approximately 975 acres as designated as 'Bow Lakes' on 
the map numbered 634-91-002, dated September 1982. 
"(d)(1) The Secretary may obtain fee title under subsection (e) to 
lands described in subsection (c)(1), or easements or other restrictive 
agreements for the preservation of scenic values in such lands. 
"(2) The Secretary may obtain fee title under subsection (e) to 
lands described in subsection (c)(2), or public access easements or 
other restrictive agreements consistent with use of such lands for 
educational purposes and for research and interpretation of natural 
features. 
"(e)(1) Except as provided under paragraph (4), the Secretary may 
obtain fee title or other lesser interests to lands described in subsec-
tion (c) only— 
"(A) by gift, donation, or bequest; 
"(B) by purchase from a willing seller under paragraph (2); or 
"(C) as an exercise of a right of first refusal under paragraph 
(3). 
"(2) The Secretary may negotiate with willing sellers for the 
transfer of fee title to other lesser interests to lands described in 
subsection (c). If the Secretary and such willing seller are unable to 
agree to a fair purchase price, that question may, by mutual consent 
be submitted to the appropriate United States District Court for 
adjudication. 
(3) If the owner of any lands described in subsection (c) intends to 
transfer any interest in such lands except by gift, donation, or 
bequest, such owner must notify the Secretary of such intention. 
The Secretary shall have 90 days after notification in which to 
exercise a right of first refusal to match any bona fide offer to obtain 
such interest under the same terms and conditions as are contained 
in such offer. If the Secretary has not exercised such right within 90 
days, the owner may transfer such interest. 
(4) Condemnation may be used with respect to any lands de-
scribed in subsection (c) only— 
"(A) to clear title if necessary for any transfer to the Secre-
tary under this subsection; or 
'(B) to purchase fee title or such lesser interest as may be 
sufficient to prevent significant damage to the scenic, soil, or 
water resources of the lakeshore. Action under this subpara-
graph shall be used only after attempts to negotiate a solution 
to the problem have failed. If the Secretary determines that 
such attempts have failed, the Secretary shall notify in writing 
the owner of the property involved of the proposed action to be 
taken under this subparagraph and the Secretary shall seek an 
injunction to prevent such resource damage. The Secretary may 
at any time, and if an injunction is granted under this subpara-
graph the Secretary shall within 30 days after the date of such 
injunction, send in writing to the owner of the property the 
Secretary's best and final offer for the purchase of such prop-
erty. If the owner does not accept such offer, the Secretary may 
file for condemnation. The Secretary must notify the Committee 
Administratioii. 
Miller Hill. 
Bow Lakes. 
Condemnation. 
Notification to 
congressional 
committees. 
96 STAT. 1724 
PUBLIC LAW 97-361—OCT. 22, 1982 
The Kettle, 
revised map, 
publication in 
Federal 
Register. 
16 u s e 460X-14. 
Presidential 
recommendations 
to Congress. 
16 u s e 460X-15. 
Administration. 
on Energy and Natural Resources of the United States Senate 
and the Committee on Interior and Insular Affairs of the United 
States House of Representatives of any action taken under this 
subparagraph. 
"(fKD The Secretary shall enter into discussions with appropriate 
local government officials to develop mutually agreeable zoning 
restrictions for the protection of scenic resources with respect to the 
lands described in subsection (cXD. 
"(2) The Secretary shall enter into discussions with appropriate 
State and local officials responsible for the administration of the 
Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 
1979) to ensure the protection of natural resources with respect to 
the lands described in subsection (c)(2). 
"(g) If the owner of the area designated as 'The Kettle' in the 
General Management Plan dated October 1, 1979, and comprising 
240 acres, agrees to donate fee title or a scenic easement to, or other 
less than fee interest in, such area, the lands in such area may be 
included as a part of the lakeshore upon publication in the Federal 
Register by the Secretary of a revised map of the lakeshore which 
includes such lands. 
"(h) The Secretary may, upon request in writing by any owner or 
occupier of lands in the lakeshore, provide services, such as road 
maintenance, subject to reimbursement.". 
SEC. 4. Section 15 of the Act amended by the first three sections of 
this Act is amended by striking out "$57,753,000" and inserting in 
lieu thereof "$66,153,000". 
SEC. 5. The Act amended by the first four sections of this Act is 
further amended by adding at the end the following new sections: 
"SEC. 16. In accordance with section 3(c) of the Wilderness Act (78 
Stat. 890, 892; 16 U.S.C. 1132(c)), the President shall, no later than 
June 1, 1983, advise the United States Senate and House of Repre-
sentatives of his recommendations with respect to the suitability or 
nonsuitability as wilderness of any area within the lakeshore. Sub-
ject to existing private rights, the areas described in the report 
prepared by the National Park Service entitled 'Wilderness Recom-
mendation; Sleeping Bear Dunes National Lakeshore' dated Janu-
ary, 1981, and recommended for wilderness (approximately 7,128 
acres) and for potential wilderness additions (approximately 23,775 
acres) shall, until Congress determines otherwise, be administered 
by the Secretary so as to maintain their presently existing wilder-
ness character and potential for inclusion in the National Wilder-
ness Preservation System.". 
SEC. 6. No authority under this Act or any amendment made by 
this Act to enter into contracts or to make payments shall be 
effective except to the extent and in such amounts as provided in 
advance in appropriations Acts. 
PUBLIC LAW 97-361—OCT. 22, 1982 
96 STAT. 1725 
SEC. 7. For purposes of section 7(a)(3) of the Land and Water 
Statutory 
Conservation Fund Act of 1965 (16 U.S.C. 4601-9(a)(3)), the statutory 
^flf^f-
ceilings on appropriations established by the amendments made by note 
^ 
this Act shall be deemed to be statutory ceilings contained in a 
provision of law enacted prior to the convening of the Ninety-fifth 
Congress. 
Approved October 22, 1982. 
LEGISLATIVE HISTORY—H.R. 3787: 
HOUSE REPORT No. 97-882 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 29, considered and passed House. 
Oct. 1, considered and passed Senate, amended; House concurred in Senate 
amendments.