Title 16, ConservationRelease 119-110

§460x–2 Designation of Lakeshore Areas

Title 16 › CHAPTER 1 — NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES › SUBCHAPTER LXXXII — SLEEPING BEAR DUNES NATIONAL LAKESHORE › § 460x–2

Last updated Sep 22, 2026|Official source

Summary

The Secretary must publish maps or descriptions of the lakeshore areas soon after October 21, 1970. Within 30 days (or as soon as possible) the map must show three categories: Category I for public use and development, Category II for environmental conservation, and Category III for private use and development. Within 150 days after October 21, 1970 the Secretary must publish another map saying which lands in Categories II and III he will buy in full ownership. Lands in Category I may be bought under the law’s land-acquisition rules. Also within 150 days after October 21, 1970 the Secretary must tell owners of lands in Categories II and III (unless the land is already marked for full purchase) what minimum limits on use and development will let them keep their property. If an owner accepts and follows those limits, the Secretary cannot buy the property or interests in it without the owner’s consent while the owner stays within the limits, unless the land is needed for public use development. If an owner does not agree within 90 days after the notice, the Secretary may acquire the land without limitation. The Secretary may buy only limited interests in many Category II and III lands to protect them, but may buy full title without the owner’s consent when the cost of buying lesser interests would be a substantial percentage of the cost of buying full title.

Full Legal Text

Title 16, §460x–2

Conservation, Source: USLM XML via OLRC

(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), 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), 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), 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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 460x–2

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110