
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: 16USC460x-2]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
        SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
 
Sec. 460x-2. Designation of lakeshore areas


(a) Area categories; publication in Federal Register

    Within thirty days, or as soon as possible thereafter, after October 
21, 1970, the Secretary shall publish in the Federal Register a map or 
other description of the lakeshore delineating areas constituting the 
following categories:
    Category I, public use and development areas.
    Category II, environmental conservation areas.
    Category III, private use and development areas.

(b) Acquisition of lands and interests therein of category I areas

    Lands and interests therein designated as category I may be acquired 
by the Secretary in accordance with section 460x-7 of this title.

(c) Designation of lands as within categories II and III for acquisition 
        by Secretary; publication in Federal Register

    Within one hundred and fifty days after October 21, 1970, the 
Secretary shall publish in the Federal Register an additional map or 
other description of those lands, if any, designated as within 
categories II and III for acquisition by him in fee in accordance with 
section 460x-7 of this title.

(d) Acquisition of interests in lands designated as category II; 
        limitations

    Except as provided in subsection (f) of this section, the Secretary 
may, after the publication provided for in subsection (c) of this 
section, acquire only such interests in lands designated as category II, 
other than those to be acquired in fee simple, as he deems appropriate 
to insure the continued conservation and preservation of the 
environmental quality of the lakeshore.

(e) Acquisition of interests in lands designated as category III; 
        limitations

    Except as provided in subsection (f) of this section, the Secretary 
may, after the publication provided for in subsection (c) of this 
section, acquire only such interests in lands designated as category 
III, other than those lands to be acquired in fee simple, as he deems 
appropriate to protect lands designated for acquisition.

(f) Restrictions on use and development of real property in categories 
        II and III; notification of owners by Secretary of minimum 
        restrictions on use and development for retention of property; 
        compliance with restrictions as barring acquisition by 
        Secretary; applicability to owners not notified by Secretary; 
        acquisition from owners not agreeing to use of property in 
        accordance with notice; acquisition of fee simple title

    Not later than one hundred and fifty days after October 21, 1970, 
the Secretary shall notify owners of real property in categories II and 
III, other than property designated by him for fee acquisition, of the 
minimum restrictions on use and development of such property under which 
such property can be retained in a manner compatible with the purpose 
for which the lakeshore was established. If the owner of any real 
property in categories II and III agrees to the use and development of 
his property in accordance with such restrictions, the Secretary may not 
acquire, without the consent of such owner, such property or interests 
therein for so long as the property affected is used in accordance with 
such restrictions, unless he determines that such property is needed for 
public use development. The foregoing limitations on acquisition shall 
also apply to any owners of real property to whom the Secretary did not, 
within the time set forth, give such a notice, except that if any 
property owner has not, within ninety days of the notice agreed to use 
the property in accordance with the notice, then the Secretary may 
acquire, without limitation, fee or lesser interests in property by any 
of the methods set forth in section 460x-7 of this title: Provided, That 
nothing contained in subsections (d) and (e) of this section, and in 
this subsection, which limits the acquisition of the fee simple title to 
property within the lakeshore, shall prevent the Secretary from 
acquiring, without the consent of the owner, the fee simple title 
whenever in the Secretary's judgment the estimated cost of acquiring the 
lesser interest would be a substantial percentage of the estimated cost 
of acquiring the fee simple title.

(Pub. L. 91-479, Sec. 3, Oct. 21, 1970, 84 Stat. 1075.)
