
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-3]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
           SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
 
Sec. 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-   October 1, 1991
 80,039-C
  Dated October 1986, No. 626-   February 1, 1986
 80,033-B
  Dated December 1980, No. 626-  January 1, 1981
 91014
  Dated September 1976, No. 626- February 1, 1973
 91007
  Dated September 1966, No.      January 4, 1965
 LNPNE-1008-ID


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


                               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, <greek-i>626-80,033- February 1, 1986
 B.
Dated December 1980, <greek-i>626-91014  January 1, 1981
Dated September 1976, <greek-i>626-      February 1, 1973
 91007.
Dated September 1966, <greek-i>LNPNE-    January 4, 1965''.
 1008-ID.
------------------------------------------------------------------------

    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 460u-5, 460u-7, 460u-13, 
460u-16 of this title.
