16 USC CHAPTER 1, SUBCHAPTER LXXIX: INDIANA DUNES NATIONAL PARK

From Title 16—CONSERVATIONCHAPTER 1—NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES

SUBCHAPTER LXXIX—INDIANA DUNES NATIONAL PARK

§460u. Establishment; description of area

In order to preserve for the educational, inspirational, and recreational use of the public certain portions of the Indiana dunes and other areas of scenic, scientific, and historic interest and recreational value in the State of Indiana, the Secretary of the Interior is authorized to establish and administer the Indiana Dunes National Park (hereinafter referred to as the "Park") in accordance with the provisions of this subchapter. The Park shall comprise the area within the boundaries delineated on a map identified as "Boundary Map, Indiana Dunes National Lakeshore", dated October 1992, and numbered 626–80,039–C, 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.

(Pub. L. 89–761, §1, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94–549, §1(1), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96–612, §1(2), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 99–583, §1(a), Oct. 29, 1986, 100 Stat. 3318; Pub. L. 102–430, §3(a), Oct. 23, 1992, 106 Stat. 2208; Pub. L. 116–6, div. E, title I, §115(a)(1), (2)(A), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Pub. L. 116–6 substituted "National Park" for "National Lakeshore" after "the Indiana Dunes" and "Park" for "lakeshore" in two places.

1992—Pub. L. 102–430, which directed amendment of section by substituting "October 1992, and numbered 626–80,039–C" for "October 1986, and numbered 62680033–B", was executed by making the substitution for "October 1986, and numbered 626–80,033–B" to reflect the probable intent of Congress.

1986—Pub. L. 99–583 substituted "October 1986, and numbered 626–80,033–B" for "December 1980, and bearing the number 626–91014".

1980—Pub. L. 96–612 substituted "December 1980, and bearing the number 626–91014" for "September 1976 and bearing the number 626–91007."

1976—Pub. L. 94–549 substituted " 'Boundary Map, Indiana Dunes National Lakeshore', dated September 1976 and bearing the number '626–91007' " for " 'A Proposed Indiana Dunes National Lakeshore', dated September 1966, and bearing the number 'LNPNE–1008–ID' ".

Statutory Notes and Related Subsidiaries

Short Title of 1992 Amendment

Pub. L. 102–430, §1, Oct. 23, 1992, 106 Stat. 2208, provided that: "This Act [enacting sections 460u–25 and 460u–26 of this title, amending this section and sections 460u–3, 460u–5, 460u–9, and 460u–18 of this title, and repealing section 460u–12 of this title] may be cited as the 'Indiana Dunes National Lakeshore Access and Enhancement Act'."

Effective Date of Authorizations of Appropriations; Authority To Contract, Incur Obligations, and Make Payments

Pub. L. 96–612, §2, Dec. 28, 1980, 94 Stat. 3578, provided that: "Authorizations of moneys to be appropriated under this Act [enacting sections 460u–20 to 460u–23 of this title and amending this section and sections 460u–1, 460u–3, 460u–5, 460u–7, and 460u–9 of this title] shall be effective on October 1, 1981. Notwithstanding any other provision of this Act, authority to enter into contracts, to incur obligations, or to make payments under this Act shall be effective only to the extent, and in such amounts, as are provided in advance in appropriation Acts."

§460u–1. Acquisition of property

(a) Authority of Secretary; negotiation for Indiana Dunes State Park; exchange of property; acquisition of land owned for educational purposes

Within the boundaries of the Park the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized 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 exercising his authority to acquire property by exchange for the purposes of this subchapter, the Secretary may accept title to non-Federal property located within the area described in section 460u of this title and convey to the grantor of such property any federally owned 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 determined by the Secretary who may, in his discretion, base his determination 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. The Secretary is expressly authorized to acquire by donation, purchase with donated or appropriated funds, or exchange, lands or interests therein which are owned for school or educational purposes by a State or a political subdivision thereof.

(b) Liability of United States under contracts contingent on appropriations

In exercising his authority to acquire property under subsection (a) of this section, the Secretary may enter into contracts requiring the expenditure, when appropriated, of funds authorized to be appropriated by section 460u–9 of this title, but the liability of the United States under any such contract shall be contingent on the appropriation of funds sufficient to fulfill the obligations thereby incurred.

(Pub. L. 89–761, §2, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 96–612, §1(3), (4), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–6 substituted "Park" for "lakeshore".

1980—Subsec. (a). Pub. L. 96–612, §1(3), inserted provision authorizing the Secretary to acquire or exchange lands or interests therein owned for school or educational purposes by a State or political subdivision thereof.

Subsec. (b). Pub. L. 96–612, §1(4), made technical amendment to reference in original act which appears in text as reference to section 460u–9 of this title.

Statutory Notes and Related Subsidiaries

Acquisition of Lands by Exchange

Pub. L. 97–356, Oct. 19, 1982, 96 Stat. 1703, provided: "That (a) notwithstanding the fourth sentence of section 2(a) 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–1(a)), or any other provision of law, the Secretary of the Interior is authorized—

"(1) to accept from the State of Indiana the conveyance of 69.17 acres of land located within area IV–A, as designated on the map referred to in the first section of such Act (16 U.S.C. 460u), commonly known as 'Blue Heron Rookery', and

"(2) in exchange for such conveyance, to convey to the State of Indiana 31.26 acres of land located within area IV, as designated on such map, commonly known as 'Hoosier Prairie'.

"(b) The Secretary of the Interior may not carry out the conveyance specified in subsection (a)(2) unless, simultaneously with such conveyance and in consideration of such conveyance, the State of Indiana—

"(1) transfers to the Secretary all right, title, and interest in the land described in subsection (a)(1);

"(2) enters into a recordable agreement satisfactory to the Secretary providing that—

"(A) the State will not use, or permit the use, of the land described in subsection (a)(2) for any purpose other than the interpretation and public appreciation and use of the Hoosier Prairie Unit of the Indiana Dunes National Lakeshore;

"(B) the State will not transfer any right, title, or interest in, or control over, any land described in subsection (a)(2) to any person other than the Secretary;

"(C) the State will permit access by the Secretary at reasonable times to the land described in subsection (a)(2); and

"(D) upon a final determination by the Secretary that—

"(i) the State has failed to comply with the requirements of subparagraph (A) or (B), and

"(ii) after receipt of notice from the Secretary respecting such failure, the State has failed or refused to comply with such requirements,

all right, title, and interest in such land shall revert to the United States for administration by the Secretary as part of the lakeshore.

The Secretary may make a determination under subparagraph (D) only after notice and opportunity for hearing on the record. The reversion under subparagraph (D) shall take effect upon publication of such determination by the Secretary in the Federal Register without further notice or requirement for physical entry by the Secretary unless an action for judicial review is brought in the United States court of appeals for the appropriate circuit within ninety days following such publication. In any such action the court may issue such orders as appropriate to carry out the requirements of this subsection."

§460u–2. Direction for establishment; publication in Federal Register; continuing acquisition of lands

As soon as practicable after November 5, 1966, and following the acquisition by the Secretary of an acreage within the boundaries of the area described in section 460u of this title which in his opinion is efficiently administrable for the purposes of this subchapter, he shall establish the Indiana Dunes National Park by publication of notice thereof in the Federal Register. By no later than October 1, 1977, the Secretary shall publish in the Federal Register a detailed description of the boundaries of the Park and shall from time to time so publish any additional boundary changes as may occur. Following such establishment and subject to the limitations and conditions prescribed in section 460u of this title, the Secretary may continue to acquire lands and interests in lands for the Park.

(Pub. L. 89–761, §3, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94–549, §1(2), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Pub. L. 116–6 substituted "National Park" for "National Lakeshore" and "Park" for "lakeshore" in two places.

1976—Pub. L. 94–549 inserted provision requiring the Secretary to publish in the Federal Register, no later than October 1, 1977, the boundaries of the lakeshore and from time to time publish any additional changes in the boundaries as they occur.

§460u–3. "Improved property" and "appropriate map" defined; terms and conditions for rights of use and occupancy

As used in this subchapter, 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 construction 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 1992, No. 626–80,039–C	October 1, 1991
Dated October 1986, No. 626–80,033–B	February 1, 1986
Dated December 1980, No. 626–91014	January 1, 1981
Dated September 1976, No. 626–91007	February 1, 1973
Dated September 1966, No. LNPNE–1008–ID	January 4, 1965

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 of the Interior. The Secretary shall designate the land referred to in subparagraph (B). 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 residential 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. 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 subchapter.

(Pub. L. 89–761, §4, Nov. 5, 1966, 80 Stat. 1309; Pub. L. 94–549, §1(3), Oct. 18, 1976, 90 Stat. 2529; Pub. L. 96–612, §1(5), Dec. 28, 1980, 94 Stat. 3575; Pub. L. 99–583, §1(b), Oct. 29, 1986, 100 Stat. 3318; Pub. L. 102–430, §4(a), Oct. 23, 1992, 106 Stat. 2208.)

Editorial Notes

Amendments

1992—Pub. L. 102–430 amended table generally. Prior to amendment, table read as follows:


"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".

1986—Pub. L. 99–583 substituted provisions defining "improved property" and "appropriate map" for former provisions which read as follows: "The term "improved property", whenever used in this subchapter, shall mean a detached, one-family dwelling, construction of which was begun before January 1, 1981 or, in the case of improved property located within the boundaries delineated on a map identified as "Boundary Map, Indiana Dunes National Lakeshore", dated September 1976 and bearing the number 626–91007, before February 1, 1973, or, in the case of improved property located within the boundaries 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 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 structures accessory to the dwelling which are situated on the lands so designated."

1980—Pub. L. 96–612 inserted "January 1, 1981 or, in the case of improved property located within the boundaries delineated on a map identified as 'Boundary Map, Indiana Dunes National Lakeshore', dated September 1976 and bearing the number 626–91007, before" after "begun before".

1976—Pub. L. 94–549 struck out subsec. (a) which related to the suspension of the authority of the Secretary to acquire improved property by condemnation when an appropriate zoning agency had in force a valid zoning ordinance, designated subsec. (b) as the entire provision, and in the entire provision as so designated, inserted provision including in definition of "improved property" a one-family dwelling the construction of which was begun before February 1, 1973, or in the case of improved property located within the boundaries of the map bearing the number "LNPNE–1008–ID", property the construction of which was begun before January 4, 1965, and provision which subjected all rights of use and occupancy to terms and conditions the Secretary deems appropriate.

§460u–4. Repealed. Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533

Section, Pub. L. 89–761, §5, Nov. 5, 1966, 80 Stat. 1310, authorized Secretary to set standards for and to approve use of local zoning ordinances with regard to preservation and development of lakeshore areas and in event of nonconforming variances, to terminate suspension of his authority to acquire improved property by condemnation.

§460u–5. Owner's retention of right of use and occupancy for residential purposes

(a) Election; conveyance or lease of right; adjustment of compensation; retained rights

(1) Except for owners described in paragraph (2) and owners of improved property within the area on the map referred to in section 460u–3 of this title, dated December 1980, and numbered 626–91014, as area II–B, any owner or owners of record of improved property may retain a right of use and occupancy of said improved property for noncommercial residential purposes for a term (A) ending on his or her death or the death of his or her spouse, whichever occurs last, or (B) for a fixed term not to extend beyond September 30, 2010, or such lesser term as the owner or owners may elect at the time of acquisition by the Secretary. In the case of improved property within the boundaries of the map dated December 1980 and numbered 626–91014 the retention of a retained right under clause numbered (A) shall only be available to homeowners of record as of October 1, 1980, who have attained the age of majority as of that date and make a bona fide written offer not later than October 1, 1985, to sell to 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.

(2)(A) In the case of property included within the boundaries of the Park after 1980, any owner or owners of record of improved property may retain a right of use and occupancy for noncommercial residential purposes for a term ending at either of the following:

(i) A fixed term not to extend beyond September 30, 2010, or 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 as of that date and who make a bona fide written offer not later than July 1, 1991, to sell to the Secretary.

(3)(A) In the case of improved property included within the boundaries of the Park after October 1, 1991, that was not included within such boundaries on or before that date, an individual who is an owner of record of such property may retain a right of use and occupancy of such improved property for noncommercial residential purposes for a term ending, subject to subparagraph (B), at either of the following:

(i) A fixed term not to extend beyond October 1, 2020, or such lesser fixed term as the owner may elect at the time of acquisition.

(ii) A term ending at the death of the owner or the owner's spouse, whichever occurs later. The owner or owners shall elect the term to be reserved.

(B) Subparagraph (A)(ii) shall apply only to improved property owned by an individual who—

(i) was an owner of record of the property as of October 1, 1991;

(ii) had attained the age of majority as of that date; and

(iii) made a bona fide written offer not later than October 1, 1997, to sell the property to the Secretary.

(b) Termination of use and occupancy; pre-October 18, 1976, standards of use and occupancy to remain in effect

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 termination of such right by the Secretary. In the event the Secretary terminates a right of use and occupancy under this subsection he shall 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 460u–3 of this title.

(c) Extension of use and occupancy rights

With respect to improved properties acquired prior to December 28, 1980, and upon which a valid existing right of use and occupancy has been reserved for a term of not more than twenty years, the Secretary may, in his discretion, extend the term of such retained right for a period of not more than nine years upon receipt of payment prior to September 30, 1983, from the holder of the retained right. The amount of such payment shall be equivalent to the amount discounted from the purchase price paid by the Secretary for the identical period of time under the terms of the original sale adjusted by a general index adopted by the Secretary reflecting overall value trends within Indiana Dunes National Park between the time of the original sale and the time of the retained right of extension offered by this subsection.

(Pub. L. 89–761, §5, formerly §6, Nov. 5, 1966, 80 Stat. 1311; renumbered §5 and amended Pub. L. 94–549, §1(4), (9), Oct. 18, 1976, 90 Stat. 2529, 2533; Pub. L. 96–612, §1(6), (7), Dec. 28, 1980, 94 Stat. 3576; Pub. L. 99–583, §1(c), Oct. 29, 1986, 100 Stat. 3319; Pub. L. 102–430, §4(b), (c), Oct. 23, 1992, 106 Stat. 2208, 2209; Pub. L. 105–277, div. A, §101(e) [title I, §141], Oct. 21, 1998, 112 Stat. 2681–231, 2681-266; Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

References in Text

The effective date of this sentence, referred to in subsec. (b), probably refers to the date of enactment of Pub. L. 94–549, which was approved Oct. 18, 1976.

Prior Provisions

A prior section 5 of Pub. L. 89–761 was classified to section 460u–4 of this title, prior to repeal by Pub. L. 94–549, §1(9).

Amendments

2019—Subsec. (a)(2)(A), (3)(A). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore" in introductory provisions.

Subsec. (c). Pub. L. 116–6, §115(a)(1)(A), substituted "National Park" for "National Lakeshore".

1998—Subsec. (a)(3)(A). Pub. L. 105–277, §101(e) [title I, §141(1)], in introductory provisions, struck out "as of that date" after "record of such property" and inserted ", subject to subparagraph (B)," after "term ending".

Subsec. (a)(3)(B). Pub. L. 105–277, §101(e) [title I, §141(2)], substituted "Subparagraph (A)(ii)" for "Subparagraph (A)" in introductory provisions.

1992—Subsec. (a)(1). Pub. L. 102–430, §4(c), substituted a comma for a period after first reference to "626–91014".

Subsec. (a)(3). Pub. L. 102–430, §4(b), added par. (3).

1986—Subsec. (a). Pub. L. 99–583 designated existing provisions as par. (1), inserted "owners described in paragraph (2) and" and substituted reference to the map referred to in section 460u–3 of this title for reference to the map referred to in section 460u of this title, "(A)" for "(1)" in two places, "(B)" for "(2)", and ". In the case of improved property within the boundaries of the map dated December 1980 and numbered 626–91014" for ": Provided, That", and added par. (2).

1980—Subsec. (a). Pub. L. 96–612, §1(6), substituted provisions authorizing certain owners of improved property, except such owners within area II–B, to retain rights of use and occupancy of such property for noncommercial residential purposes for a term either ending at death or at a specified date no later than September 30, 2010, for provisions authorizing certain owners of similar property to retain such rights for similar purposes for a fixed term of twenty years or less, as elected, authorizing the conveyance or leasing of such rights, and specifying the formula for reimbursing such owners upon acquisition of such property by the Secretary.

Subsec. (c). Pub. L. 96–612, §1(7), added subsec. (c).

1976—Subsec. (a). Pub. L. 94–549, §1(4)(a), provided that owners within unit II–B on the map referred to in section 460u of this title be excluded from use and occupancy rights, that owners attain the age of majority to be eligible to retain use and occupancy rights, and that the maximum term that an owner may retain use and occupancy rights be reduced to twenty years from twenty-five years.

Subsec. (b). Pub. L. 94–549, §1(4)(b), substituted provision requiring failure of property to be used in accordance with the terms and applicable conditions as grounds for termination by the Secretary for provision which required failure of the property to be used in accordance with applicable zoning standards, added nonpayment of property taxes as a ground for termination, and provided that the standards for right of use and occupancy applicable prior to Oct. 18, 1976 remain in effect for such right, including applicable zoning regulations.

§460u–6. Administration

(a) Utilization of authorities for conservation and management of natural resources

In the administration of the Park the Secretary may utilize such statutory authorities relating to areas of the national park system and such statutory authority otherwise available to him for the conservation and management of natural resources as he deems appropriate to carry out the purposes of this subchapter.

(b) Preservation of Park; incompatible visitor conveniences restricted; provisions for public enjoyment and understanding; developments for public uses

In order that the Park shall be permanently preserved in its present state, no development or plan for the convenience of visitors shall be undertaken therein which would be incompatible with the preservation of the unique flora and fauna or the physiographic conditions now prevailing or with the preservation of such historic sites and structures as the Secretary may designate: Provided, That the Secretary may provide for the public enjoyment and understanding of the unique natural, historic, and scientific features within the Park by 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 Park as he deems especially adaptable for such uses.

(Pub. L. 89–761, §6, formerly §7, Nov. 5, 1966, 80 Stat. 1311; renumbered §6, Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Prior Provisions

A prior section 6 of Pub. L. 89–761 was renumbered section 5 and is classified to section 460u–5 of this title.

Amendments

2019—Pub. L. 116–6 substituted "Park" for "lakeshore" wherever appearing.

§460u–7. Indiana Dunes National Park Advisory Commission

(a) Establishment; termination

There is hereby established an Indiana Dunes National Park Advisory Commission. Said Commission shall terminate on September 30, 1985.

(b) Membership; appointment; term of office; recommendation or designation of appointees

The Commission shall be composed of thirteen 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 the board of trustees of such town; (3) one member who is a year-round resident of the towns of Porter, Dune Acres, 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) two members who are year-round residents 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; (6) one member to be designated by the Secretary; (7) two members who are year-round residents of the city of Gary to be appointed from recommendations made by the mayor of such city; (8) one member to be appointed from recommendations made by a regional planning agency established under the authority of the laws of the State of Indiana and composed of representatives 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 Park to be designated by the Secretary.

(c) Chairman; vacancies

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) Compensation and expenses; vouchers

A member of the Commission shall serve without compensation as such. The Secretary is authorized to pay the expense reasonably incurred by the Commission in carrying out its responsibilities under this subchapter on vouchers signed by the Chairman.

(e) Consultation of Secretary with Commission

The Secretary or his designee shall, from time to time, consult with the Commission with respect to matters relating to the development of the Indiana Dunes National Park and with respect to the provisions of sections 460u–3, 460u–4,¹ and 460u–5 of this title.

(f) Disposal of industrial solid wastes; identification of acceptable areas

The Advisory Commission is authorized to assist with the identification of economically and environmentally acceptable areas, outside of the boundaries of the Park, for the handling and disposal of industrial solid wastes produced by the coal-fired powerplant in Porter County, Indiana, section 21, township 37 north, range 6 west.

(Pub. L. 89–761, §7, formerly §8, Nov. 5, 1966, 80 Stat. 1311; renumbered §7 and amended Pub. L. 94–549, §1(5), (6), (9), Oct. 18, 1976, 90 Stat. 2530, 2533; Pub. L. 96–612, §1(8), (9), Dec. 28, 1980, 94 Stat. 3576; Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

References in Text

Section 460u–4 of this title, referred to in subsec. (e), was repealed by Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533.

Prior Provisions

A prior section 7 of Pub. L. 89–761 was renumbered section 6 and is classified to section 460u–6 of this title.

Amendments

2019—Subsec. (a). Pub. L. 116–6, §115(a)(1)(A), substituted "National Park" for "National Lakeshore".

Subsec. (b). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore".

Subsec. (e). Pub. L. 116–6, §115(a)(1)(A), substituted "National Park" for "National Lakeshore".

Subsec. (f). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore".

1980—Subsec. (a). Pub. L. 96–612, §1(8), substituted "on September 30, 1985" for "ten years after the date of establishment of the national lakeshore pursuant to this subchapter".

Subsec. (b). Pub. L. 96–612, §1(9), substituted "thirteen members" for "eleven members" in provisions preceding cl. (1) and "two members who are year-round residents" for "one member who is a year-round resident" in cls. (4) and (7).

1976—Subsec. (b). Pub. L. 94–549, §1(5), substituted "eleven members" for "seven members" in provision preceding cl. (1), struck out "Portage" after "Dunes Acres" in cl. (3), and added cls. (7) to (10).

Subsec. (f). Pub. L. 94–549, §1(6), added subsec. (f).

¹ See References in Text note below.

§460u–8. State jurisdiction

Nothing in this subchapter 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 Park or of its right to tax persons, corporations, franchises, or other non-Federal property on lands included therein.

(Pub. L. 89–761, §8, formerly §9, Nov. 5, 1966, 80 Stat. 1312; renumbered §8, Pub. L. 94–549, §1(9), Oct. 18, 1976, 90 Stat. 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(A), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Prior Provisions

A prior section 8 of Pub. L. 89–761 was renumbered section 7 and is classified to section 460u–7 of this title.

Amendments

2019—Pub. L. 116–6 substituted "National Park" for "National Lakeshore".

§460u–9. Authorization of appropriations; general management plan; submittal to Congressional committees; feasibility study

The Secretary may expend such sums as may be necessary from the Land and Water Conservation Fund for acquisition of lands and interests in lands, and not to exceed $27,500,000 for development: Provided, That not more than $500,000 of said amount may be appropriated for the development of the Paul H. Douglas Environmental Education Center authorized pursuant to section 460u–20 of this title. 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 development of the National Park consistent with the preservation objectives of this subchapter, 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 Park; and

(4) specific opportunities for citizen participation in the planning and development of proposed facilities and in the implementation of the general management plan generally.

The Secretary shall conduct a feasibility study of establishing United States Highway 12 as 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 October 29, 1986. Effective October 1, 1986, there is authorized to be appropriated such sums as may be necessary for the purposes of conducting the feasibility study.

(Pub. L. 89–761, §9, formerly §10, Nov. 5, 1966, 80 Stat. 1312; Pub. L. 93–477, title I, §101(6), Oct. 26, 1974, 88 Stat. 1445; renumbered §9 and amended Pub. L. 94–549, §1(7), (9), Oct. 18, 1976, 90 Stat. 2530, 2533; Pub. L. 95–625, title I, §101(16), Nov. 10, 1978, 92 Stat. 3472; Pub. L. 96–612, §1(10), Dec. 28, 1980, 94 Stat. 3576; Pub. L. 99–583, §1(d), Oct. 29, 1986, 100 Stat. 3319; Pub. L. 102–430, §9, Oct. 23, 1992, 106 Stat. 2210; Pub. L. 116–6, div. E, title I, §115(a)(1)(A), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Codification

Amendment by section 101(16) of Pub. L. 95–625 was, in the original, to section 10 of Pub. L. 89–761 but has been executed to section 9 of Pub. L. 89–761, as the probable intent of Congress, in view of the prior redesignation of former section 10 of Pub. L. 89–761 as section 9 by Pub. L. 94–549, §9, Oct. 18, 1976, 90 Stat. 2533.

Prior Provisions

A prior section 9 of Pub. L. 89–761 was renumbered section 8 and is classified to section 460u–8 of this title.

Amendments

2019—Pub. L. 116–6 substituted "National Park" for "national lakeshore" in introductory provisions and in par. (3).

1992—Pub. L. 102–430 substituted "The Secretary may expend such sums as may be necessary from the Land and Water Conservation Fund for acquisition of lands and interests in lands, and not to exceed $27,500,000 for development:" for "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 $20,000,000 for development:"; struck out second par. which read as follows: "In addition to any sums heretofore authorized for the acquisitions of lands and interests in lands pursuant to the provisions of this subchapter, there are further authorized to be appropriated an additional $3,120,000."; and struck out first sentence of last par. which read as follows: "In addition to any other sums authorized for the acquisition of lands and interests in lands pursuant to the provisions of this subchapter there are authorized to be appropriated an additional $3,500,000 to be used for such purposes."

1986—Pub. L. 99–583 substituted "$20,000,000" for "$11,000,000" and inserted provisions authorizing an additional $3,500,000 for acquisition of property and directing the Secretary to conduct a feasibility study of establishing Indiana Dunes Parkway.

1980—Pub. L. 96–612 increased the amount the Secretary could expend for land development from $9,440,000 to $11,000,000, inserted proviso that not more than $500,000 of said amount could be appropriated for the development of the education center, and authorized appropriations of $3,120,000 in addition to sums already authorized for the acquisition of lands and interests in lands.

1978—Pub. L. 95–625 increased development appropriations authorization to $9,440,000 from $8,500,000.

1976—Pub. L. 94–549, §1(7), substituted provision authorizing the Secretary to expend not more than $60,812,100 from the Land and Water Conservation Fund for the acquisition of lands and interest in lands and not more than $8,500,000 for development and requiring the Secretary to develop and submit a general management plan to the Committees on the Interior and Insular Affairs by Oct. 1, 1979 for provision which authorized not more than $35,526,000 for acquisition in land and interest in land.

1974—Pub. L. 93–477 substituted "$35,526,000" for "$27,900,000".

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.

§460u–10. Rights-of-way and easements; existing property rights of Northern Indiana Public Service Company

Nothing in this subchapter 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. Nothing in this subchapter shall be construed to diminish the existing property rights 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 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 said Company's Michigan City Generating Station, which parcel by this subchapter is included within the boundaries of the Indiana Dunes National Park 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 approximately 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 subchapter been included within the boundaries of the Indiana Dunes National Park and herein designated as area II–H on said National Park Service Boundary Map No. 626–80,033–B.

(Pub. L. 89–761, §10, formerly §11, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2530, 2533; amended Pub. L. 99–583, §1(e), Oct. 29, 1986, 100 Stat. 3319; Pub. L. 116–6, div. E, title I, §115(a)(1)(A), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Prior Provisions

A prior section 10 of Pub. L. 89–761 was renumbered section 9 and is classified to section 460u–9 of this title.

Amendments

2019—Pars. (1), (2). Pub. L. 116–6 substituted "National Park" for "National Lakeshore".

1986—Pub. L. 99–583 inserted provisions relating to the existing property rights of the Northern Indiana Public Service Company on Oct. 1, 1986.

§460u–11. Legal cooling, process, or surface drainage into Little Calumet River; Federal, State or local air and water pollution standards not affected

(a) Nothing in this subchapter shall be construed as prohibiting any otherwise legal cooling, process, or surface drainage into the part of the Little Calumet River located within the Park: Provided, That this subsection shall not affect nor in any way limit the Secretary's authority and responsibility to protect park resources.

(b) The authorization of lands to be added to the Park by the Ninety-fourth Congress and the administration of such lands as part of the Park 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 boundaries of the Park, 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.

(Pub. L. 89–761, §11, formerly §12, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Pub. L. 116–6 substituted "Park" for "lakeshore" wherever appearing.

§460u–12. Repealed. Pub. L. 102–430, §3(b), Oct. 23, 1992, 106 Stat. 2208

Section, Pub. L. 89–761, §12, formerly §13, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533, related to acquisition of area III–B for not more than $800,000.

§460u–13. Acquisition of area I–C; owner consent required

(a) The Secretary may acquire that portion of area I–C which is shaded on the map referred to in section 460u–3 of this title, dated December 1980 and numbered 626–91014 only with the consent of the owner unless the present owner attempts to sell or otherwise dispose of such area.

(b) The Secretary may acquire that portion of area IV–B in private ownership on the map referred to in section 460u of this title 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.

(Pub. L. 89–761, §13, formerly §14, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583, §1(f), Oct. 29, 1986, 100 Stat. 3320.)

Editorial Notes

Amendments

1986—Pub. L. 99–583 designated existing provisions as subsec. (a), substituted "460u–3 of this title, dated December 1980 and numbered 626–91014" for "460u of this title", and added subsec. (b).

§460u–14. Plan, lands acquired, land acquisition program; submittal to Congressional committees

Within one year after October 18, 1976, 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 Park; and

(2) the annual acquisition program (including the level of funding) which he recommends for the ensuing five fiscal years.

(Pub. L. 89–761, §14, formerly §15, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Par. (1). Pub. L. 116–6 substituted "Park" for "lakeshore".

Statutory Notes and Related Subsidiaries

Change of Name

§460u–15. Rights-of-way; public access to Little Calumet River

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 centerline of said river. The Secretary may acquire only such interest in the rights-of-way designated "Crossing B" and "Crossing 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.

(Pub. L. 89–761, §15, formerly §16, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583, §1(h), Oct. 29, 1986, 100 Stat. 3320.)

Editorial Notes

Amendments

1986—Pub. L. 99–583 inserted provisions relating to acquisition of interests in the rights-of-way designated Crossing B and Crossing C.

§460u–16. Road construction cooperative agreements with landowners north of Little Calumet River; prevention of soil erosion; minimization of aural and visual impact

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 on the map referred to in section 460u–3 of this title, dated October 1976, and numbered 626–9100.¹ 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 minimize the aural and visual impacts of said construction, and of traffic on such roadway, as perceived from the Little Calumet River.

(Pub. L. 89–761, §16, formerly §17, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533; amended Pub. L. 99–583, §1(g), Oct. 29, 1986, 100 Stat. 3320.)

Editorial Notes

Amendments

1986—Pub. L. 99–583 inserted provisions relating to the map referred to in section 460u–3 of this title.

¹ So in original. Probably should be "September 1976, and numbered 626–91007."

§460u–17. Lands within area I–E used for solid waste disposal

(a) Commitment to reclaim land at no expense to Federal Government

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) Cooperation with State of Indiana or subdivision thereof to develop area

With respect to the property identified as area I–E on map numbered 626–91007, the Secretary may enter into a cooperative agreement 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 subchapter.

(Pub. L. 89–761, §17, formerly §18, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2531, 2533.)

§460u–18. Study of areas III–A, III–C, and II–A; report to Congressional committees

(a) 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 III–A, III–C, and II–A, as designated on map numbered 626–91007. The Secretary shall make reasonable provision for the timely participation of the State of Indiana, local public officials, affected property owners, and the general public in the formulation of said study, including, but not limited to, the opportunity to testify at a public hearing. The record of such hearing shall accompany said study. With respect to areas III–A and III–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 recreational potential of the area and all available alternatives for achieving such potential; (e) review the environmental impact upon the Park 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 Park, as designated on map numbered 626–91007, including the costs of additional administrative responsibilities necessary for the management of the Park, including the maintenance of public services in the town of Beverly Shores, Indiana. With respect to area II–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 and use of lands within the area; (d) protection of the area and the adjacent Park 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 customers of acquisition of such area.

(b)(1) The Secretary shall enter into a memorandum of agreement with the Northern Indiana Public Service Company (referred to as "NIPSCO") that shall provide for the following with respect to the area referred to as Unit II–A on the map described in section 460u of this title (referred to as the "Greenbelt"):

(A) NIPSCO shall provide the National Park Service with access for resource management and interpretation through the Greenbelt and across the dike for purposes of a public hiking trail.

(B) The National Park Service shall have rights of access for resource management and interpretation of the Greenbelt area.

(C) NIPSCO shall preserve the Greenbelt in its natural state. If NIPSCO utilizes the Greenbelt temporarily for a project involving pollution mitigation or construction on its adjacent facilities, it shall restore the project area to its natural state.

(D) If NIPSCO proposes a different use for the Greenbelt, NIPSCO shall notify the National Park Service, the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and make no change in the use of the property until three years after the date notice is given.

(2) If a memorandum of agreement is entered into pursuant to paragraph (1), so long as the memorandum of agreement is in effect and is being performed, the Secretary may not acquire lands or interests in land in the Greenbelt belonging to NIPSCO.

(Pub. L. 89–761, §18, formerly §19, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533; amended Pub. L. 102–430, §5, Oct. 23, 1992, 106 Stat. 2209; Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–6 substituted "Park" for "lakeshore" wherever appearing.

1992—Pub. L. 102–430 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Interior and Insular Affairs of the Senate, referred to in subsec. (a), abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.

§460u–19. Acquisition of land outside present boundaries; notice to Congressional committees; publication in Federal Register

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 Park was established, accept title to any lands, or interests in lands, located outside the present boundaries of the Park 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 Park after publishing notice to that effect in the Federal Register.

(Pub. L. 89–761, §19, formerly §20, as added and renumbered Pub. L. 94–549, §1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Pub. L. 116–6 substituted "Park" for "lakeshore" wherever appearing.

Statutory Notes and Related Subsidiaries

Change of Name

§460u–20. Paul H. Douglas Ecological and Recreational Unit and Center for Environmental Education

(a) Dedication of Park

The Indiana Dunes National Park is hereby dedicated to the memory of Paul H. Douglas in grateful recognition of his leadership in the effort to protect, preserve, and enhance the natural, scientific, historic, and recreational value of the Park for the use, enjoyment, and edification of present and future generations.

(b) Establishment

To further accomplish the purposes of subsection (a) of this section, the Secretary of the Interior shall designate the west unit of the Park as the "Paul H. Douglas Ecological and Recreational Unit" and shall, subject to appropriations being granted, design and construct a suitable structure or designate an existing structure within the Park to be known as the "Paul H. Douglas Center for Environmental Education" which shall provide facilities designed primarily to familiarize students and other visitors with, among other things: (1) the natural history of the Park and its association with the natural history of the Great Lakes region; (2) the evolution of human activities in the area; and (3) the historical features which led to the establishment of the Park by the Congress of the United States.

(c) Preparation of informative materials

To inform the public of the contributions of Paul H. Douglas to the creation of the Park, the Secretary of the Interior shall provide such signs, markers, maps, interpretive materials, literature, and programs as he deems appropriate.

(Pub. L. 89–761, §20, as added Pub. L. 96–612, §1(1), Dec. 28, 1980, 94 Stat. 3575; amended Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–6 substituted "National Park" for "National Lakeshore" and "Park" for "lakeshore".

Subsecs. (b), (c). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore" wherever appearing.

§460u–21. Public access study

(a) Preservation of Park and conservation of energy

The Secretary in consultation with the Secretary of Transportation, shall conduct a study of various modes of public access into and within the lakeshore which are consistent with the preservation of the Park and conservation of energy by encouraging the use of transportation modes other than personal motor vehicles.

(b) Utilization of clearinghouse resources and facilities

In carrying out the study, the Secretary shall utilize to the greatest extent practicable the resources and facilities of the organizations designated as clearinghouses under section 6506 of title 31 as implemented by Office of Management and Budget Circular A–95, and which have comprehensive planning responsibilities in the regions where the Park is located, as well as any other agencies or organizations which the Secretary may designate. The Secretary shall make provision for timely and substantive consultations with the appropriate agencies of the States of Indiana and Illinois, local elected officials, and the general public in the formulation and implementation of the study.

(c) Adequacy of access facilities

The study shall address the adequacy of access facilities for members of the public who desire to visit and enjoy the Park. Consideration shall be given to alternatives for alleviating the dependence on automobile transportation. The study of public transportation facilities shall cover the distance from cities of thirty-five thousand population or more within fifty miles of the Park.

(d) Access proposals; retention of Park values

The study shall include proposals deemed necessary to assure equitable visitor access and public enjoyment by all segments of the population, including those who are physically or economically disadvantaged. It shall provide for retention of the natural, scenic, and historic values for which the Park was established, and shall propose plans and alternatives for the protection and maintenance of these values as they relate to transportation improvements.

(e) Renovation and preservation of South Shore Railroad

The study shall examine proposals for the renovation and preservation of a portion of the existing South Shore Railroad passenger car fleet. The study shall consider the historic value of the existing rolling stock and its role in transporting visitors into and within the Park.

(f) Alternative improvement plans; cost estimates; sources of funding

The study shall present alternative plans to improve, construct, and extend access roads, public transportation, and bicycle and pedestrian trails. It shall include cost estimates of all plans considered in this study, and shall discuss existing and proposed sources of funding for the implementation of the recommended plan alternatives.

(g) Submittal to Congress

The study shall be completed and presented to the Congress within two complete fiscal years from the effective date of this provision.

(h) Authorization of appropriations

Effective October 1, 1981, there is hereby authorized to be appropriated not to exceed $200,000 for this study.

(Pub. L. 89–761, §21, as added Pub. L. 96–612, §1(11), Dec. 28, 1980, 94 Stat. 3576; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

References in Text

The effective date of this provision, referred to in subsec. (g), probably means the date of enactment of Pub. L. 96–612, which was approved Dec. 28, 1980.

Codification

In subsec. (b), "section 6506 of title 31" substituted for "title IV of the Intergovernmental Cooperation Act of 1968 [42 U.S.C. 4231 et seq.]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

2019—Subsecs. (a) to (e). Pub. L. 116–6 substituted "Park" for "lakeshore" wherever appearing.

§460u–22. Consideration of property owner's hardship in property acquisition

In exercising his authority to acquire property under this subchapter, the Secretary shall give prompt and careful consideration to any offer made by an individual owning property within the Park to sell such property, if such individual notifies the Secretary in writing that the continued ownership of such property is causing, or would result in, undue hardship.

(Pub. L. 89–761, §22, as added Pub. L. 96–612, §1(12), Dec. 28, 1980, 94 Stat. 3577; amended Pub. L. 116–6, div. E, title I, §115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Pub. L. 116–6 substituted "Park" for "lakeshore".

§460u–23. Acquisition of interest in area VII–A

(a) Public access requirements

The Secretary may acquire only such interest in that portion of area VII–A which is described in subsection (b) as the Secretary determines is necessary to assure public access over said portion of area VII–A.

(b) Portion of area VII–A subject to acquisition

The portion of area VII–A, as designated on the map referred to in section 460u of this title, to which subsection (a) applies is a parcel of land bounded—

(1) on the east by a line three hundred feet east of the electrical transmission line crossing area VII–A on January 1, 1979;

(2) on the west by a line fifty feet west of such electrical transmission line; and

(3) on the north and south by the northern and southern boundaries, respectively, of area VII–A.

(c) Boundaries of area VII–A

Area VII–A includes the bed of the railroad tracks forming the northern and northwestern boundaries of this area and extends to the northern edge of the bed of the railroad tracks forming the southern boundaries of this area.

(d) Inclusion in area I–D

Area I–D includes the bed of the railroad tracks along the northern boundary of this area.

(e) Exclusions from area VII–C

The area designated as area VII–C on the map referred to in section 460u of this title does not include approximately 1.3 acres of land on which the Linde Air Products plant is situated, nor does it include approximately 1 acre of land on which the Old Union Station building and the adjacent REA building are situated. Except as provided in the foregoing sentence, area VII–C extends to, but does not include, the beds of the railroad tracks forming the northern and southern boundaries of such area.

(Pub. L. 89–761, §23, as added Pub. L. 96–612, §1(13), Dec. 28, 1980, 94 Stat. 3577.)

§460u–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 Development Commission, the State of Indiana or any political subdivision thereof for the planning, management, and interpretation of recreational facilities on the tract within the boundaries of Indiana Dunes National Park identified as tract numbered 09–177 ¹ 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 recreational developments on lands under the jurisdiction of the National Park Service planned pursuant to this cooperative agreement shall be in a manner consistent with the purposes of this subchapter, including section 460u–6(b) of this title.

(b) Study

The Secretary shall conduct a study regarding the options available for linking the portions of the Park which are divided by the Little Calumet River and Burns/Portage Waterway so as to coordinate the management and recreational use of the Park. 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 Natural Resources of the United States Senate within two years after October 29, 1986. Effective October 1, 1986, there is authorized to be appropriated such sums as may be necessary for the purposes of conducting the study.

(Pub. L. 89–761, §24, as added Pub. L. 99–583, §1(i), Oct. 29, 1986, 100 Stat. 3320; amended Pub. L. 116–6, div. E, title I, §115(a)(1), Feb. 15, 2019, 133 Stat. 232.)

Editorial Notes

Amendments

2019—Subsec. (a). Pub. L. 116–6, §115(a)(1)(A), substituted "National Park" for "National Lakeshore".

Subsec. (b). Pub. L. 116–6, §115(a)(1)(B), substituted "Park" for "lakeshore" in two places.

Statutory Notes and Related Subsidiaries

Change of Name

¹ So in original. Probably should be "09–117".

§460u–25. Cooperative agreement with Gary, Indiana

In furtherance of the purposes of this subchapter, the Secretary may enter into a cooperative agreement with the city of Gary, Indiana, pursuant to which the Secretary may provide technical assistance in interpretation, planning, and resource management for programs and developments in the city of Gary's Marquette Park and Lake Street Beach.

(Pub. L. 89–761, §25, as added Pub. L. 102–430, §6, Oct. 23, 1992, 106 Stat. 2209.)

§460u–26. Units VII–D and I–M

(a) Before acquiring lands or interests in lands in Unit VII–D (as designated on the map described in section 460u of this title) the Secretary shall consult with the Commissioner of the Indiana Department of Transportation to determine what lands or interests in lands are required by the State of Indiana for improvements to 15th Avenue (including the extension known as Old Hobart Road) and reconstruction and relocation of the intersection of 15th Avenue and State Road 51 so that the acquisition by the Secretary of lands or interests in lands in Unit VII–D will not interfere with planned improvements to the interchange and 15th Avenue in the area.

(b) Before acquiring lands or interests in lands in Unit I–M (as designated on the map referred to in section 460u of this title) the Secretary shall consult with the Commissioner of the Indiana Department of Transportation to determine what lands or interests in lands are required by the State of Indiana for improvements to State Road 49 and reconstruction and relocation of the interchange with State Road 49 and U.S. 20 so that the acquisition by the Secretary of lands or interests in lands in Unit I–M will not interfere with planned improvements to such interchange and State Road 49 in the area.

(Pub. L. 89–761, §26, as added Pub. L. 102–430, §7, Oct. 23, 1992, 106 Stat. 2209.)