Collapse to view only § 460s-9. Property subject to condemnation

§ 460s. Establishment

In order to preserve for the benefit, inspiration, education, recreational use, and enjoyment of the public a significant portion of the diminishing shoreline of the United States and its related geographic and scientific features, the Secretary of the Interior (hereinafter referred to as the “Secretary”) is authorized to take appropriate action, as herein provided, to establish in the State of Michigan the Pictured Rocks National Lakeshore.

(Pub. L. 89–668, § 1, Oct. 15, 1966, 80 Stat. 922.)
§ 460s–1. Description of area

The area comprising that particular land and water depicted on the map identified as “Proposed Pictured Rocks National Lakeshore, United States Department of the Interior, National Park Service, Boundary Map, NL–PR–7100A, July 1966”, which is on file and available for public inspection in the office of the National Park Service of the Department of the Interior, is hereby designated for establishment as the Pictured Rocks National Lakeshore. An exact copy of such map shall be filed for publication in the Federal Register within thirty days following October 15, 1966.

(Pub. L. 89–668, § 2, Oct. 15, 1966, 80 Stat. 922.)
§ 460s–2. Establishment; notice in Federal Register

As soon as practicable after October 15, 1966, and following the acquisition by the Secretary of an acreage within the boundaries of the area which in his opinion is efficiently administrable for the purposes of this subchapter, he shall establish the Pictured Rocks National Lakeshore by publication of notice thereof in the Federal Register.

(Pub. L. 89–668, § 3, Oct. 15, 1966, 80 Stat. 922.)
§ 460s–3. Pictured Rocks National Lakeshore Advisory Commission
(a) Establishment; termination
(b) Membership; term
The commission shall be composed of five members, each appointed for a term of two years by the Secretary, as follows:
(1) Two members to be appointed from recommendations made by the county in which the lakeshore is situated;
(2) Two members to be appointed from recommendations made by the Governor of the State of Michigan; and
(3) One member to be designated by the Secretary.
(c) Chairman; vacancies
(d) Compensation and expenses
(e) Development consultations
(Pub. L. 89–668, § 4, Oct. 15, 1966, 80 Stat. 922.)
§ 460s–4. Hunting and fishing

In administering the lakeshore the Secretary shall permit hunting and fishing on lands and waters under his jurisdiction in accordance with the applicable laws of the United States and of Michigan. The Secretary, after consultation with the Michigan Department of Conservation, may designate zones and establish periods where and when no hunting shall be permitted for reasons of public safety, administration, or public use and enjoyment. The Secretary shall, after consultation with such department, issue regulations, consistent with this section, as he may determine necessary to carry out the purposes of this section.

(Pub. L. 89–668, § 5, Oct. 15, 1966, 80 Stat. 923.)
§ 460s–5. Administration, protection, and development
(a) Utilization of authority for conservation and management of natural resources
(b) Land and water use management plan; preparation and implementation; provisions
In the administration, protection, and development of the lakeshore, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provision for—
(1) development of facilities to provide the benefits of public recreation, including appropriate improvements to Alger County Road H–58;
(2) protection of scenic, scientific, and historic features contributing to public enjoyment; and
(3) such protection, management, and utilization (subject to the provisions of sections 460s–8 and 460s–9 of this title) of renewable natural resources, including forage and forest products, as in the judgment of the Secretary is consistent with, and does not significantly impair public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.
(c) Prohibition of certain construction
(Pub. L. 89–668, § 6, Oct. 15, 1966, 80 Stat. 923; Pub. L. 105–378, title II, § 202, Nov. 12, 1998, 112 Stat. 3398.)
§ 460s–6. Taxing power

Nothing in this subchapter shall be construed as prohibiting governmental jurisdiction in the State of Michigan from assessing taxes upon any interest in real estate retained under the provisions of section 460s–10 of this title to the owner of such interest.

(Pub. L. 89–668, § 7, Oct. 15, 1966, 80 Stat. 923.)
§ 460s–7. Acquisition of property
(a) Authority of Secretary; manner and place; condemnation authority
(b) Sale offers; hardship from delay
(c) State donations; transfer from Federal agency to administrative jurisdiction of Secretary
(d) Negotiation and purchase; condemnation proceedings; fair market value
(e) Condemnation to acquire clear, marketable and encumbrance-free title
(f) Exchange of properties; cash equalization payments
(Pub. L. 89–668, § 8, Oct. 15, 1966, 80 Stat. 923.)
§ 460s–8. Inland buffer zone
(a) Statement of purposes
(b) Description of area; places for examination of map
(Pub. L. 89–668, § 9, Oct. 15, 1966, 80 Stat. 924.)
§ 460s–9. Property subject to condemnation
(a) Limitation on condemnation of improved or other property
(b) “Improved property” defined
(Pub. L. 89–668, § 10, Oct. 15, 1966, 80 Stat. 924.)
§ 460s–10. Acquisition of property
(a) Owner’s retention of right of use and occupancy for residential purposes for term of years or life; adjustment of compensation; conveyance or lease of right for noncommercial residential purposes
(b) Termination of use and occupancy because of noncompliance with statutory uses; adjustment of compensation
(c) Land subject to lease of cottage or hunting lodge; new lease for term of years or life; conditions of lease
(Pub. L. 89–668, § 11, Oct. 15, 1966, 80 Stat. 925.)
§ 460s–11. Zoning bylaws; assistance and consultation with township or county officers or employees; technical aid payments

The Secretary shall, at the request of any township or county in or adjacent to the lakeshore affected by this subchapter, assist and consult with the appropriate officers and employees of such township or county in establishing zoning bylaws. Such assistance may include payments to the county or township for technical aid.

(Pub. L. 89–668, § 12, Oct. 15, 1966, 80 Stat. 925.)
§ 460s–12. Certificate of prohibition of authority for acquisition by condemnation

The Secretary shall furnish to any interested person requesting the same a certificate indicating, with respect to any property which the Secretary has been prohibited from acquiring by condemnation in accordance with provisions of this subchapter, that such authority is prohibited and the reasons therefor.

(Pub. L. 89–668, § 13, Oct. 15, 1966, 80 Stat. 925.)
§ 460s–13. Authorization of appropriations

There are hereby authorized to be appropriated not more than $6,873,000 for the acquisition of lands and interests in land in connection with, and not more than $6,348,000 for development of, the Pictured Rocks National Lakeshore.

(Pub. L. 89–668, § 14, Oct. 15, 1966, 80 Stat. 925.)
§ 460s–14. Pictured Rocks National Lakeshore boundary adjustment

The boundary of Pictured Rocks National Lakeshore is hereby modified as depicted on the map entitled “Area Proposed for Addition to Pictured Rocks National Lakeshore”, numbered 625–80,043A, and dated July 1992.

(Pub. L. 104–333, div. I, title II, § 203, Nov. 12, 1996, 110 Stat. 4106.)
§ 460s–15. Pictured Rocks National Lakeshore boundary revision
(a) Transfer
(b) Boundary revision
(c) Availability of map
(d) Administration
The Secretary may administer the public land transferred under section 1
1 So in original. Probably should be “subsection”.
(a)—
(1) as part of the Lakeshore; and
(2) in accordance with applicable laws (including regulations).
(e) Access to aids to navigation
(f) Definitions
In this section:
(1) Lakeshore
(2) Map
(3) Public land
(4) Secretary
(g) Authorization of appropriations
(Pub. L. 107–295, title IV, § 437, Nov. 25, 2002, 116 Stat. 2129.)