§460x–11 Scenic Roads

Summary

The Secretary may build and run parkway-style scenic roads inside the parkway zone in Benzie County to help visitors travel, see overlooks, and enjoy the lakeshore. These roads can include connections, bridges, and other structures. To do this, the Secretary can get land by donation, purchase, or other means, but generally not more than 150 acres per mile of road. Whole tracts can be bought to avoid splitting property. Any land bought beyond the 150-acres-per-mile limit can be swapped for other land of similar value that the park can lawfully acquire. Lands in Leelanau County bought before October 22, 1982, that are in the parkway zone but not next to the lakeshore can be traded for lakeshore land. If a trade can’t be made, the land can be offered back to the prior owner, and if refused, sold to anyone; sale money goes to the account created under section 17 of this Act. The Secretary can manage two areas as Resource Preservation Areas: about 600 acres called “Miller Hill” (map 634–91,001, dated September 1982) and about 975 acres called “Bow Lakes” (map 634–91–002, dated September 1982). Miller Hill can be kept by purchase or by easements to protect scenic values. Bow Lakes can be kept or have public-access easements so it can be used for education, research, and interpretation. The Secretary may acquire these lands only by gift, purchase from a willing seller, or by matching a bona fide offer (right of first refusal). Owners must tell the Secretary if they plan to sell, and the Secretary has 90 days to match an offer. Eminent domain may be used only to clear title or to stop serious resource harm after failed negotiations; the Secretary must notify the owner, seek an injunction, make a best and final offer within 30 days of the injunction, and tell the Senate Energy and Natural Resources Committee and the House Natural Resources Committee if such action is taken. The Secretary must work with local officials on zoning for Miller Hill and with officials who administer the Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979) for Bow Lakes. If the owner of “The Kettle” (240 acres, General Management Plan dated October 1, 1979) donates fee title or a scenic easement or lesser interest, the land can be added to the lakeshore by publishing an updated map in the Federal Register. The Secretary may also do services like road maintenance for property owners in the lakeshore if they request them in writing and repay the costs.