Title 16, ConservationRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

Within 30 days after October 21, 1970, the Secretary must publish a map or description showing three kinds of lakeshore areas: Category I for public use and development, Category II for environmental conservation, and Category III for private use and development. Lands in Category I may be bought by the Secretary under section 460x–7. Within 150 days after October 21, 1970, the Secretary must publish another map naming any Category II or III lands he plans to buy in full (full ownership) under section 460x–7. For Category II and III lands not listed for full purchase, the Secretary may buy only the interests needed to protect conservation or planned uses. Within 150 days after October 21, 1970, the Secretary must tell owners of Category II and III lands (unless marked for full purchase) what minimum limits on use and development would keep the land compatible with the lakeshore. If an owner agrees and follows those limits, the Secretary cannot take the property without the owner’s consent unless the land is needed for public use and development. If an owner does not agree within 90 days of the notice, the Secretary may acquire full ownership or lesser interests under section 460x–7. The Secretary may also buy full ownership without consent if buying lesser rights would cost almost as much as buying the whole property.

Full Legal Text

Title 16, §460x–2

Conservation, Source: USLM XML via OLRC

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

Apr 5, 2026

Release point: 119-73not60