Title 16, ConservationRelease 119-73not60

§460u–18 Study of Areas Iii–a, Iii–c, and Ii–a; Report to Congressional Committees

Title 16 › Chapter 1— NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › Subchapter LXXIX— INDIANA DUNES NATIONAL PARK › § 460u–18

Last updated Apr 5, 2026|Official source

Summary

By July 1, 1977, the Secretary must send a study to the Committees on Interior and Insular Affairs of the United States Congress about areas III–A, III–C, and II–A shown on map number 626–91007. The Secretary must let the State of Indiana, local officials, affected property owners, and the public take part and testify at a public hearing, and must include the hearing record with the study. For areas III–A and III–C the study must cover whether the government should buy any part, ways to control beach erosion and who would pay, how to assure public access and needed facilities, recreational uses and options, environmental effects on the Park, and the costs to the United States (including extra management and local service costs such as for Beverly Shores). For area II–A the study must look at protecting dunes, wetlands, plants and animals, restoring Cowles Bog watersheds, suitable public access, preventing harm from construction or pollution (including waste discharge and water movement), and the economic impact on the utility and its customers if the area is acquired. The Secretary must make a written agreement with Northern Indiana Public Service Company (NIPSCO) for Unit II–A, called the Greenbelt. That agreement must give the Park Service access for management and a public hiking trail, let the Park Service enter the Greenbelt for resource work and interpretation, require NIPSCO to keep the Greenbelt in its natural state or restore it after temporary work, and require NIPSCO to notify the Park Service and the named Congressional committees if it plans a different use and wait three years after that notice before changing use. While that agreement is in force and being followed, the Secretary may not buy NIPSCO’s land or interests in the Greenbelt.

Full Legal Text

Title 16, §460u–18

Conservation, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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. 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460u–18

Title 16, Conservation

Last Updated

Apr 5, 2026

Release point: 119-73not60