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16 U.S.C. § 460u–18Study of areas III–A, III–C, and II–A; report to Congressional committees

submitted 50 years ago by Pub. L. 89-761 to r/title-16-CONSERVATION · 641 words · no verdicts yet

in plain englishAI-generated · not legal advice

By mid-1977 the Secretary had to study whether to acquire and develop three specific Park-area sections — after public hearings — covering beach erosion, public access, environmental impact, and cost. The Secretary also had to make an agreement with utility company NIPSCO governing shared access to its Greenbelt land near a hiking trail.

(a) By July 1, 1977, the Secretary had to give Congress's Interior Committees a study of areas III–A, III–C, and II–A (on map No. 626–91007), after letting Indiana officials, affected property owners, and the public take part, including a public hearing whose record had to accompany the study. For areas III–A and III–C, the study had to cover: (a) whether to acquire the land, considering resource management, protection, and public access; (b) options to control beach erosion, including possibly charging the agencies responsible; (c) how to guarantee public access to and use of the beach, including needed transportation, health, and safety facilities; (d) the area's recreational potential and how to develop it; (e) the environmental impact of developing the area; and (f) the cost of acquiring the areas versus the savings from letting current owners keep using them, including the added cost of managing the Park and maintaining public services in Beverly Shores, Indiana. For area II–A, the study had to cover: (a) preserving the remaining dunes, wetlands, native plants, and animals; (b) preserving and restoring the watersheds of Cowles Bog and its wetlands; (c) appropriate public access and use; (d) protecting the area and the nearby Park from harm caused by construction, pollution, or waste discharge and excess groundwater movement; and (e) the economic effect on the utility and its customers if the area were acquired. (b) The Secretary had to make a memorandum of agreement with Northern Indiana Public Service Company (NIPSCO) covering the "Greenbelt" area (Unit II–A): (A) NIPSCO must give the Park Service access through the Greenbelt and across the dike for resource management, interpretation, and a public hiking trail; (B) the Park Service has rights of access there for resource management and interpretation; (C) NIPSCO must keep the Greenbelt in its natural state, restoring any area it temporarily disturbs for pollution-control or construction projects; and (D) if NIPSCO wants to change how it uses the Greenbelt, it must notify the Park Service and Congress's relevant committees and wait three years before making the change. As long as this agreement stays in effect and NIPSCO follows it, the Secretary may not acquire NIPSCO's land or land interests in the Greenbelt.
the actual law source: uscode.house.gov ↗public domain
(a)

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 III–A, III–C, and II–A, as designated on map numbered 626–91007. 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 III–A and III–C, 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 Park 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 Park, as designated on map numbered 626–91007, including the costs of additional administrative responsibilities necessary for the management of the Park, including the maintenance of public services in the town of Beverly Shores, Indiana. With respect to area II–A, 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 Park 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.

(b)
(1)

The Secretary shall enter into a memorandum of agreement with the Northern Indiana Public Service Company (referred to as “NIPSCO”) that shall provide for the following with respect to the area referred to as Unit II–A on the map described in section 460u of this title (referred to as the “Greenbelt”):

(A)

NIPSCO shall provide the National Park Service with access for resource management and interpretation through the Greenbelt and across the dike for purposes of a public hiking trail.

(B)

The National Park Service shall have rights of access for resource management and interpretation of the Greenbelt area.

(C)

NIPSCO shall preserve the Greenbelt in its natural state. If NIPSCO utilizes the Greenbelt temporarily for a project involving pollution mitigation or construction on its adjacent facilities, it shall restore the project area to its natural state.

(D)

If NIPSCO proposes a different use for the Greenbelt, NIPSCO shall notify the National Park Service, the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives and make no change in the use of the property until three years after the date notice is given.

(2)

If a memorandum of agreement is entered into pursuant to paragraph (1), so long as the memorandum of agreement is in effect and is being performed, the Secretary may not acquire lands or interests in land in the Greenbelt belonging to NIPSCO.

Source credit: (Pub. L. 89–761, § 18, formerly § 19, as added and renumbered Pub. L. 94–549, § 1(8), (9), Oct. 18, 1976, 90 Stat. 2532, 2533; amended Pub. L. 102–430, § 5, Oct. 23, 1992, 106 Stat. 2209; Pub. L. 116–6, div. E, title I, § 115(a)(1)(B), Feb. 15, 2019, 133 Stat. 232.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 89-761 · 90 Stat. 2532, 2533
  • 1992Amended · Pub. L. 102-430 · 106 Stat. 2209
  • 2019Amended · Pub. L. 116-6 · 133 Stat. 232

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-761 on 1976-10-18.

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