
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460u-18]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
 
Sec. 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 
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 responsibilities 
necessary for the management of the lakeshore, 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 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 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, Sec. 18, formerly Sec. 19, as added and renumbered Pub. 
L. 94-549, Sec. 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533; Pub. L. 
102-430, Sec. 5, Oct. 23, 1992, 106 Stat. 2209.)


                               Amendments

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

                         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.
    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. Committee on Natural Resources of House of 
Representatives treated as referring to Committee on Resources of House 
of Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
