Indiana Dunes
A Signature of Time and Eternity:
The Administrative History of Indiana Dunes National Lakeshore, Indiana
|
|
APPENDIX B:
LEGISLATION
We worked very closely with the law department at Harvard and with
Kennedy's administrative aids... in drafting this bill. [The Cape Cod
Formula] has never been tested in the Supreme Court as many of these
people who opposed these bills said that they would test it
sometime.
Allen T. ("Al") Edmunds in a 1975 conversation with J.
R. Whitehouse discussing the landmark Cape Cod National Seashore bill
and its application to Indiana Dunes National Lakeshore.
Prepared by the national lakeshore staff, this is a compilation of the
act establishing Indiana Dunes National Lakeshore and three subsequent
acts amending that original legislation.
NOTE
P.L. 89761, 89th Congress (11/05/66) (80 Stat. 1309)
P.L. 94549, 94th Congress (10/18/76) (90 Stat. 2529)
P.L. 96612, 96th Congress (12/28/80) (94 Stat. 3575)
P.L. 99583, 99th Congress (10/29/86)
The lefthand margin contains an abbreviated description of the
contents of each section together with the date (year) of the act from
which that section derives. Where portions within a section derive from
an act other than that cited at the beginning of that section, the
changes (additions or revisions) are identified by underlining and the
date of the act from which those changes derive is shown underlined in
the left margin adjacent to those changed sections.
A COMPILATION OF LEGISLATION
INDIANA DUNES NATIONAL LAKESHORE
AN ACT
|
To provide for the establishment of the Indiana Dunes National
Lakeshore, and for other purposes.
|
1966Indiana Dunes
Dunes Nat'l LS
establishment and
boundary.
1986
|
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That in order to
preserve for the educational, inspirational, and recreational use of
the public certain portions of the Indiana dunes and other areas of
scenic, scientific, and historic interest and recreational value in the
State of Indiana, the Secretary of the Interior is authorized to
establish and administer the Indiana Dunes National Lakeshore
(hereinafter referred to as the "lakeshore") in accordance with the
provisions of this Act. The lakeshore shall comprise the area within the
boundaries delineated on a map identified as "'Boundary Map, Indiana
Dunes National Lakeshore', dated October 1986, and numbered
62660,003B" which map is on file and available for
public inspection in the Office of the Director of the National Park
Service, Department of the Interior.
|
|
1966Acquisition of lands,
authorization.
1980
|
Sec. 2. (a) Within the boundaries of the lakeshore the Secretary of
the Interior (hereinafter referred to as the "Secretary") is authorized
to acquire lands, waters, and other property, or any interest therein,
by donation, purchase with donated or appropriated funds, exchange, or
otherwise. The Indiana Dunes State Park may be acquired only by donation
of the State of Indiana, and the Secretary is hereby directed to
negotiate with the State for the acquisition of said park. In exercising
his authority to acquire property by exchange for the purposes of this
Act, the Secretary may accept title to nonFederal property located
within the area described in section 1 of this Act and convey to the
grantor of such property any federally owned property under the
jurisdiction of the Secretary which he classifies as suitable for
exchange or other disposal within the State of Indiana or Illinois.
Properties so exchanged shall be approximately equal in fair market
value, as determined by the Secretary who may, in his discretion, base
his determination on an independent appraisal obtained by him: Provided,
That the Secretary may accept cash from or pay cash to the grantor in
such an exchange in order to equalize the values of the properties
exchanged. The Secretary is expressly authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange lands
or interests therein which are owned for school or educational purposes
by a State or a political subdivision thereof.
(b) In exercising his authority to acquire property under subsection
(a) of this section, the Secretary may enter into contracts requiring
the expenditure, when appropriated, of funds authorized to be
appropriated by section 9 of this Act, but the liability of the United
States under any such contract shall be contingent on the appropriation
of funds sufficient to fulfill the obligations thereby incurred.
|
|
1966Boundaries
and establishment.
Publication in
Federal Register.
1976
|
Sec. 3. As soon as practicable after the effective date of this Act
and following the acquisition by the Secretary of an acreage within the
boundaries of the area described in section 1 of this Act which in his
opinion is efficiently administrable for the purposes of this Act, he
shall establish the Indiana Dunes National Lakeshore by publication of
notice thereof in the Federal Register.
By no later than October 1, 1977, the Secretary shall publish in
the Federal Register a detailed description of the boundaries of the
lakeshore and shall from time to time so publish any additional boundary
changes as may occur. Following such establishment and subject to
the limitations and conditions prescribed in section 1 hereof, the
Secretary may continue to acquire lands and interests in lands for the
lakeshore.
|
|
1966Improved
property. Definition
and construction
cut-off dates. 1986
|
Sec. 4. As used in this Act, the term 'improved property' means a
detached, onefamily dwelling which meets each of the following
criteria:
(1) The construction of the dwelling began before the date (shown
in the table contained in this section) corresponding to the appropriate
map.
(2) The property is located within the boundaries delineated on
the map described in such table which corresponds to such date.
(3) The property is not located within the boundaries of any other
map referred to in such table which bears an earlier date.
The term 'appropriate map', means a map identified as 'Boundary
MapIndiana Dunes National Lakeshore' (or 'A Proposed Indiana Dunes
National Lakeshore' in the case of a dwelling the construction of which
was begun before January 4, 1965) which is dated and numbered as
provided in the following table.
Property Within Boundaries of Map Construction Began Before
Dated October 1986. #62680,033B February 1, 1986
Dated December 1980. #62691014 January 1, 1981
Dated September 1976. #62691007 February 1, 1973
Dated September 1966. #LNPNE1008ID January 4, 1965
The term 'improved property' also includes the lands on which the
dwelling is situated which meets both of the following criteria:
(A) The land is in the same ownership as the dwelling.
(B) The Secretary has designated the lands as reasonably necessary
for the enjoyment of the dwelling for the sole purpose of noncommercial
residential use.
|
1966
1976
|
Such term also includes any structures accessory to the dwelling
which are situated on the lands so designated. The maps referred to in
this section shall be on file and available for public inspection in the
Office of the Director of the National Park Service, Department of the
Interior. The Secretary shall designate the land referred to in
subparagraph (B). The amount of land so designated shall in every
case be not more than three acres in area, and in making such
designation the Secretary shall take into account the manner of
noncommercial residential use in which the dwelling and land have
customarily been enjoyed: Provided, That the Secretary may exclude from
the land so designated any beach or waters, together with so much of the
land adjoining such beach or waters, as he may deem necessary for public
access thereto or public use thereof. All rights of use and occupancy
shall be subject to such terms and conditions as the Secretary deems
appropriate to assure the use of such property in accordance with the
purposes of this Act.
|
|
1980Owners of
improved property,
retention rights.
1986
|
Sec. 5. (a) (1) Except for owners described in paragraph (2)
and owners of improved property within the area on the map referred
to in section 4, dated December 1980, and numbered 62691014
of this act as area IIB, any owner or owners of record of improved
property may retain a right of use and occupancy of said improved
property for noncommercial residential purposes for a term (A)
ending on his or her death or the death of his or her spouse, whichever
occurs last, or (B) for a fixed term not to extend beyond
September 30, 2010, or such lesser term as the owner or owners may elect
at the time of acquisition by the Secretary.
|
1986
1966
|
In the case of improved property within the boundaries of the map
dated December 1980 and numbered 62691014 the retention of a
retained right under clause numbered (A) shall only be available
to homeowners of record as of October 1, 1980, who have attained the age
of majority as of that date and make a bona fide written offer not later
than October 1, 1985, to sell to the Secretary. Where any such owner
retains a right of use and occupancy as herein provided, such right
during its existence may be conveyed or leased for noncommercial
residential purposes. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less the
fair market value on such date of the right retained by the
owner.
|
1986
|
(2) (A) In the case of property included within the boundaries of
the lakeshore after 1980, any owner or owners of record of improved
property may retain a right of use and occupancy for noncommercial
residential purposes for a term ending at either of the
following:
(i) A fixed term not to extend beyond September 30, 2010, or such
lesser fixed term as the owner or owners may elect at the time of
acquisition.
(ii) A term ending at the death of any owner or of a spouse of any
owner, whichever occurs last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be
available only to individuals who are homeowners of record as of July 1,
1986, who have attained the age of majority as of that date and who make
a bona fide written of offer not later than July 1, 1991, to sell to the
Secretary.
|
1976Termination
right of Secretary.
|
(b) Upon his determination that the property, or any portion
thereof, has ceased to be used in accordance with the applicable terms
and conditions, the Secretary may terminate a right of use and
occupancy. Nonpayment of property taxes, validly assessed, on any
retained right of use and occupancy shall also be grounds for
termination of such right by the Secretary. In the event the Secretary
terminates a right of use and occupancy under this subsection he shall
pay to the owners of the retained right so terminated an amount equal to
the fair market value of the portion of said right which remained
unexpired on the date of termination. With respect to any right of use
and occupancy in existence on the effective date of this sentence,
standards for retention of such rights in effect at the time such rights
were reserved shall constitute the terms and conditions referred to in
section 4.
(c) With respect to improved properties acquired prior to the
enactment of this subsection and upon which a valid existing right of
use and occupancy has been reserved for a term of not more than twenty
years, the Secretary may, in his discretion, extend the term of such
retained right for a period of not more than nine years upon receipt of
payment prior to September 30, 1983, from the holder of the retained
right. The amount of such payment shall be equivalent to the amount
discounted from the purchase price paid by the Secretary for the
identical period of time under the terms of the original sale adjusted
by a general index adopted by the Secretary reflecting overall value
trends within Indiana Dunes National Lakeshore between the time of the
original sale and the time of the retained right of extension offered by
this subsection.
|
|
1966Administration
and development.
|
Sec. 6. (a) In the administration of the lakeshore the Secretary may
utilize such statutory authorities relating to areas of the national
park system and such statutory authority otherwise available to him for
the conservation and management of natural resources as he deems
appropriate to carry out the purposes of this Act.
(b) In order that the lakeshore shall be permanently preserved in its
present state, no development or plan for the convenience of visitors
shall be undertaken therein which would be incompatible with the
preservation of the unique flora and fauna or the physiographic
conditions now prevailing or with the preservation of such historic
sites and structures as the Secretary may designate: Provided, That the
Secretary may provide for the public enjoyment and understanding of the
unique natural, historic, and scientific features within the lakeshore
by establishing such trails, observation points, and exhibits and
providing such services as he may deem desirable for such public
enjoyment and understanding: Provided further, That the Secretary may
develop for appropriate public uses such portions of the lakeshore as he
deems especially adaptable for such uses.
|
|
1966Indiana Dunes
Nat'l LS Advisory
Commission
1980
1980
1976
|
Sec. 7. (a) There is hereby established an Indiana Dunes National
Lakeshore Advisory Commission. Said Commission shall terminate on
September 30, 1985.
(b) The Commission shall be composed of thirteen members each
appointed from recommendations made by the commissioners of such county;
(2) one member who is a year-round resident of the town of Beverly
Shores to be appointed from the recommendations made by the board of
such town; (3) one member who is a year-round resident of the towns of
Porter, Dune Acres, Pines, Chesterton, Ogden Dunes, or the village of
Tremont, such member to be appointed from recommendations made by the
boards of trustees or the trustee of the affected town or township; (4)
two members who are yearround residents of the city of
Michigan City to be appointed from recommendations made by such city;
(5) two members to be appointed from recommendations made by the
Governor of the State of Indiana; (6) one member to be designated by the
Secretary; (7) two members who are yearround residents of the
city of Gary to be appointed from recommendations made by the mayor of
such city; (8) one member to be appointed from recommendations made by a
regional planning agency established under the authority of the laws of
the State of Indiana and composed of representatives of local and county
governments in northwestern Indiana; (9) one member who is a
yearround resident of the city of Portage to be appointed from
recommendations made by the mayor of such city; and (10) one member who
holds a reservation of use and occupancy and is a year-round resident
within the lakeshore to be designated by the Secretary.
(c) The Secretary shall designate one member to be Chairman. Any
vacancy in the Commission shall be filled in the same manner in which
the original appointment was made.
(d) A member of the Commission shall serve without compensation as
such. The Secretary is authorized to pay the expense reasonably incurred
by the Commission in carrying out its responsibilities under this Act on
vouchers signed by the Chairman.
(e) The Secretary or his designee shall, from time to time, consult
with the Commission with respect to matters relating to the development
of the Indiana Dunes National Lakeshore and with respect to the
provisions of sections 4, 5, and 6 of this Act.
|
1976
|
(f) The Advisory Commission is authorized to assist with the
identification of economically and environmentally acceptable areas,
outside of the boundaries of the lakeshore, for the handling and
disposal of industrial solid wastes produced by the coalfired
powerplant in Porter County, Indiana, section 21, township 37 north,
range 6 west.
|
|
1966Jurisdiction,
state and local.
|
Sec. 8. Nothing in this Act shall deprive the State of Indiana or any
political subdivision thereof of its civil and criminal jurisdiction
over persons found, acts performed, and offenses committed within the
boundaries of the Indiana Dunes National Lakeshore or of its right to
tax persons, corporations, franchises, or other nonFederal
property on lands included therein.
|
|
1976Appropriations.
1986 1980
|
Sec. 9. Secretary may not expend more than $60,812,100 from the Land
and Water Conservation Fund for the acquisition of lands and interests
in lands nor more than $20,000 000 for development: Provided, That
not more than $500,000 of said amount may be appropriated for the
development of the Paul H. Douglas Environmental Education Center
authorized pursuant to section 20 of this Act; and By October 1,
1979, the Secretary shall develop and transmit to the Committees on
Interior and Insular Affairs of the United States Congress a general
management plan detailing the development of the national lakeshore
consistent with the preservation objectives of this Act, indicating: (1)
the facilities needed to accommodate the health, safety, and recreation
needs of the visiting public; (2) the location and estimated costs of
all facilities, together with a review of the consistency of the master
plan with State, areawide, and local governmental development plans; (3)
the projected need for any additional facilities within the national
lakeshore; and (4) specific opportunities for citizen participation in
the planning and development of proposed facilities and in the
implementation of the general management management plan generally.
|
1980
1986
Dunes Parkway Study
|
In addition to any sums heretofore authorized for the acquisition
of lands and interests in lands pursuant to the provisions of this Act,
there are further authorized to be appropriated an additional
$3,120,000. In addition to any other sums authorized for the acquisition
of lands and interests in lands pursuant to the provisions of this Act
there are authorized to be appropriated an additional $3,500,000 to be
used for such purposes. The Secretary shall conduct a feasibility study
of establishing United States Highway 12 as the 'Indiana Dune Parkway'
under the jurisdiction of the National Park Service. The Secretary shall
submit the results of such study to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate
within two years after the enactment of this sentence. Effective October
1, 1986, there is authorized to be appropriated such sums as may be
necessary for the purposes of conducting the feasibility study.
|
|
1976Rights-of-way
and easements.
1986
|
Sec. 10. Nothing in this Act shall diminish any existing (as of March
1, 1975) rightsofway or easements which are necessary for
high voltage electrical transmission, pipelines, water mains, or
linehaul railroad operations and maintenance. Nothing in this
Act shall be construed to diminish the existing property rights of
Northern Indiana Public Service Company (as of October 1, 1986) with
respect to
(1) a parcel of land owned in fee by the Northern Indiana Public
Service Company and used for high voltage electrical transmission lines,
pipelines, and utility purposes, beginning at said Company's Dune Acres
substation and extending east to said Company's Michigan City Generating
Station, which parcel by this Act is included within the boundaries of
the Indiana Dunes National Lakeshore and herein designated as area
III on National Park Service Boundary Map No.
62680,033B, dated October 1986, excluding that certain
parcel of approximately 6.0 acres adjacent to Mineral Springs Road in
area III, and
(2) land owned in fee by the Northern Indiana Public Service Company
and used for high voltage electrical transmission lines, pipelines, and
utility purposes as has by this Act been included within the boundaries
of the Indiana Dunes National Lakeshore and herein designated as area
III on said National Park Service Boundary Map No.
62680,033-B.
|
|
1976Little Calumet River.
|
Sec. 11. (a) Nothing in the Act shall be construed as prohibiting any
otherwise legal cooling, process, or surface drainage into the part of
the Little Calumet River located within the lakeshore: Provided, That
this subsection shall not affect nor in any way limit the Secretary's
authority and responsibility to protect park resources.
|
Air and water
pollution standards.
|
(b) The authorization of lands to be added to the lakeshore by the
Ninetyfourth Congress and the administration of such lands as part
of the lakeshore shall in and of itself in no way operate to render more
restrictive the application of Federal, State, or local air and water
pollution standards to the uses of property outside the boundaries of
the lakeshore, nor shall it be construed to augment the control of water
and air pollution sources in the State of Indiana beyond that required
pursuant to applicable Federal, State, or local law.
|
|
1976Acquisition,
Area IIIB.
|
Sec. 12. The Secretary shall acquire the area on the map referred to
in the first section of this Act as area III-B within two years from the
effective date of this section only if such area can be acquired for not
more than $800,000, exclusive of administrative costs of acquisition, as
adjusted by the Consumer Price Index: Provided, That the Secretary may
not acquire such area by any means after two years from the effective
date of this section.
|
|
1976Acquisition,
Area IC and
Area IVB. 1986
|
Sec. 13. (a) The Secretary may acquire that portion of area
IC which is shaded on the map referred to in section 4, dated
December 1980 and numbered 62691014 of this Act only with the
consent of the owner unless the present owner attempts to sell or
otherwise dispose of such area.
(b) The Secretary may acquire that portion of area IVB in
private ownership on the map referred to in section 1 of this Act only
with the consent of the owner: Provided, That the Secretary may acquire
an agricultural easement should the owner change the use existence as of
September 19, 1986, through eminent domain.
|
|
1976Land Acquisition Plan.
|
Sec. 14. Within one year after the date of the enactment of this
section, the Secretary shall suit, in writing, to the Committees on
Interior and Insular Affairs and to the Committees on Appropriations of
the United States Congress a detailed plan which shall indicate: (1) the
lands which he has previously acquired by purchase, donation, exchange,
or transfer for administration for the purpose of the lakeshore; and (2)
the annual acquisition program (including the level of funding) which he
recommends for the ensuing five fiscal years.
|
|
1976'Crossings A,
B & C' rights-of-way.
1986
|
Sec. 15. The Secretary may acquire only such interest sin the
right-of-way designated 'Crossing A' on map numbered 62691007 as
he determines to be necessary to assure public access to the banks of
the Little Calumet River within fifty feet north and south of the Little
Calumet River and the banks of Salt Creek within fifty feet on either
side of the centerline of said river. The Secretary may acquire only
such interest in the right-of-way designated 'Crossing B' and 'Crossing
C' on the map dated October 1986 and numbered 62680,03B as
he determines to be necessary to assure public access to the banks of
the Little Calumet River and the banks of Salt Creek within fifty feet
on either side of the centerline of said river and creek.
|
|
1976Cooperative
Agreement, IIE and
'Crossing A'.
1986
|
Sec. 16. The Secretary shall enter into a cooperative agreement with
the landowner of those lands north of the Little Calumet River between
the Penn Central Railroad bridge within area IIE and 'Crossing A'
within area IV-C on the map referred to in section 4, dated October
1976, and numbered 62691007. Such agreement shall provide that
any roadway constructed by the landowner south of United States Route 12
within such vicinity shall include grading, landscaping, and plantings
of vegetation designed to prevent soil erosion and to minimize the aural
and visual impacts of said construction, and of traffic on such roadway,
as perceived from the Little Calumet River.
|
|
1986
1976Acquisition, Area I-E.
|
Sec. 17. (a) The Secretary may not acquire such lands within the
western section of area IE, as designated on map numbered
62691007, which have been used for solid waste disposal until he
has received a commitment in accordance with a plan acceptable to him,
to reclaim such lands at no expense to the Federal Government
(b) With respect to the property identified as area IE on map
numbered 62691007, the Secretary may enter into a cooperative
agreement whereby the State of Indiana or any political subdivision
thereof may undertake to develop, manage and interpret such area in a
manner consistent with the purposes of this Act.
|
|
1976Special Study
Areas IIIA, IIIC and IIA.
|
Sec. 18. 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 IIIA, IIIC, and IIA, as
designated on map numbered 62691007. 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
IIIA and IIIC, 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 lakeshore 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 lakeshore, as designated
on map numbered 62691007, including the costs of additional
administrative responsibilities necessary for the management of the
lakeshore, including the maintenance of public services in the town of
Beverly Shores, Indiana. With respect to area IIA, 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 lakeshore 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.
|
|
1976Donation of
lands outside Lakeshore boundaries.
|
Sec. 19. After notifying the Committees on Interior and Insular
Affairs of the United States Congress, in writing, of his intentions to
do so and of the reasons therefore, the Secretary may, if he finds that
such lands would make a significant contribution to the purposes for
which the lakeshore was established, accept title to any lands, or
interests in lands, located outside the present boundaries of the
lakeshore but contiguous thereto or to lands acquired under this
section, such lands the State of Indiana or its political subdivisions
may acquire and offer to donate to the United States or which any
private person, organization, or public or private corporation may offer
to donate to the United States and he shall administer such lands as a
part of the lakeshore after publishing notice to that effect in the
Federal Register.
|
|
1980Dedication, Paul H. Douglas.
|
Sec. 20 (a) The Indiana Dunes National Lakeshore is hereby dedicated
to the memory of Paul H. Douglas in grateful recognition of his
leadership in the effort to protect, preserve, and enhance the natural,
scientific, historic, and recreational value of the lakeshore for the
use, enjoyment, and edification of present and future generations.
(b) To further accomplish the purposes of subsection (a) of this
section, the Secretary of the Interior shall designate the west unit of
the lakeshore as the "Paul H. Douglas Ecological and Recreational Unit"
and shall, subject to appropriations being granted, design and construct
a suitable structure or designate an existing structure within the
lakeshore to be known as the "Paul H. Douglas Center for Environmental
Education" which shall provide facilities designed primarily to
familiarize students and other visitors with, among other things: (1)
the natural history of the lakeshore and its association with the
natural history of the Great Lakes region; (2) the evolution of human
activities in the area; and (3) the historical features which led to the
establishment of the lakeshore by the Congress of the United States.
(c) To inform the public of the contributions of Paul H. Douglas to
the creation of the lakeshore, the Secretary of the Interior shall
provide such signs, markers, maps, interpretive materials, literature,
and programs as he deems appropriate.
|
|
1980Transportation
Study.
|
Sec. 21. (a) The Secretary in consultation with the Secretary of
Transportation, shall conduct a study of various modes of public access
into and within the lakeshore which are consistent with the preservation
of the lakeshore and conservation of energy by encouraging the use of
transportation modes other than personal motor vehicles.
(b) In carrying out the study, the Secretary shall utilize to the
greatest extent practicable the resources and facilities of the
organizations designated as clearinghouses under title IV of the
Intergovernmental Cooperation Act of 1968 as implemented by Office of
Management and Budget Circular A-95, and which have comprehensive
planning responsibilities in the regions where the lakeshore is located,
as well as any other agencies or organizations which the Secretary may
designate. The Secretary shall make provision for timely and substantive
consultations with the appropriate agencies of the States of Indiana and
Illinois, local elected officials, and the general public in the
formulation and implementation of the study.
(c) The study shall address the adequacy of access facilities for
members of the public who desire to visit and enjoy the lakeshore.
Consideration shall be given to alternatives for alleviating the
dependence on automobile transportation. The study of public
transportation facilities shall cover the distance from cities of
thirtyfive thousand population or more within fifty miles of the
lakeshore.
(d) The study shall include proposals deemed necessary to assure
equitable visitor access and public enjoyment by all segments of the
population, including those who are physically or economically
disadvantaged. It shall provide for retention of the natural, scenic,
and historic values for which the lakeshore was established, and shall
propose plans and alternatives for the protection and maintenance of
these values as they relate to transportation improvements.
(e) The study shall examine proposals for the renovation and
preservation of a portion of the existing South Shore Railroad passenger
car fleet. The study shall consider the historic value of the existing
rolling stock and its role in transporting visitors into and within the
lakeshore.
(f) The study shall present alternative plans to improve, construct,
and extend access roads, public transportation, and bicycle and
pedestrian trails. It shall include cost estimates of all plans
considered in this study, and shall discuss existing and proposed
sources of funding for the implementation of the recommended plan
alternatives.
(g) The study shall be completed and presented to the Congress within
two complete fiscal years from the effective date of this provision.
(h) Effective October 1, 1981, there is hereby authorized to be
appropriated not to exceed $200,000 for this study.
|
|
1980Prompt land
acquisition in cases of hardship.
|
Sec. 22. In exercising his authority to acquire property under this
act, the Secretary shall give prompt and careful consideration to any
offer made by an individual owning property within the lakeshore to sell
such property, if such individual notifies the Secretary in writing that
the continued ownership of such property is causing, or would result in,
undue hardship.
|
|
1980Land acquisition,
Area VIIA.
|
Sec. 23. (a) The Secretary may acquire only such interest in that
portion of area VIIA which is described in subsection (b) as the
Secretary determines is necessary to assure public access over said
portion of area VIIA.
(b) The portion of area VI IA, as designated on the map
referred to in section 1, to which subsection (a) applies is a parcel of
land bounded; (1) on the east by a line three hundred feet east of the
electrical transmission line crossing area VIIA on January 1,
1979; (2) on the west by a line fifty feet west of such electrical
transmission line; and (3) on the north and south by the northern and
southern boundaries, respectively, of area VIIA.
(c) Area VIIA includes the bed of the railroad tracks forming
the northern and northwestern boundaries of this area and extends to the
northern edge of the bed of the railroad tracks forming the southern
boundaries of this area.
|
Land acquisition, Area ID.
|
(d) Area ID includes the bed of the railroad tracks along the
northern boundary of this area.
|
Land acquisition, Area VIIC.
|
(e) The area designated as area VII-C on the map referred to in
section 1 does not include approximately 1.3 acres of land on which the
Linde Air Products plant is situated, nor does it include approximately
1 acre of land on which the Old Union Station building and the adjacent
REA building are situated. Except as provided in the foregoing sentence,
area VIIC extends to, but does not include, the beds of the
railroad tracks forming the northern and southern boundaries of such
area.
|
|
1986Cooperative
Agreement and Study,
Little Calumet River, and Burns Waterway.
|
Sec. 24. (a) The Secretary may enter into a cooperative agreement
with the Little Calumet River Basin Development Commission, the State of
Indiana or any political subdivision thereof for the planning,
management, and interpretation of recreational facilities on the tract
within the boundaries of Indiana Dunes National Lakeshore identified as
tract numbered 09117 or on lands under the jurisdiction of the
State of Indiana or political subdivision thereof along the Little
Calumet River and Burns Waterway. The cooperative agreement may include
provision for the planning of public facilities for boating, canoeing,
fishing, hiking, bicycling, and other compatible recreational
activities. Any recreational developments on lands under the
jurisdiction of the National Park Service planned pursuant to this
cooperative agreement shall be in a manner consistent with the purposes
of this Act, including section 6(b).
(b) The Secretary shall conduct a study regarding the options
available for linking the portions of the lakeshore which are divided by
the Little Calumet River and Burns/Portage Waterway so as to coordinate
the management and recreational use of the lakeshore. The Secretary
shall submit the results of the study to the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate
within two years after the enactment of this section. Effective October
1, 1986, there is authorized to be appropriated such sums as may be
necessary for the purposes of conducting this study.
|
indu/adhi/appb.htm
Last Updated: 07-Oct-2003
|