16 U.S.C. § 460x–11 — Scenic roads

(a) Authority of Secretary for construction, administration, and procurement of land: The Secretary may build and manage scenic parkway roads within Benzie County, inside a designated "parkway zone," to help visitors travel around, enjoy scenic overlooks, and learn about the lakeshore. These roads can include connections, bridges, and other structures. The Secretary may buy land for this by donation, purchase, or other means, but generally can't acquire more than 150 acres of land per mile of road — except that a whole tract can be bought at once to avoid splitting a property. Any land bought beyond that limit can be traded for other land of about equal value that this subchapter allows the Secretary to acquire. (b) Exchange or sale of lands in Leelanau County: Land in Leelanau County that the Secretary acquired under this section before October 22, 1982, and that sits in the parkway zone but not in or next to the lakeshore zone, may be traded for other equal-value land in the lakeshore. If no trade can be arranged, the land may be offered for sale first to whoever owned it before the Secretary acquired it. If that person turns down the offer, the Secretary may sell it to anyone. Money from any such sale goes into the account set up under section 17 of this Act. (c) Administration of certain lands as Resource Preservation Areas: The Secretary may manage two specific areas as "Resource Preservation Areas": about 600 acres called "Miller Hill," shown on a map dated September 1982, and about 975 acres called "Bow Lakes," shown on a different map, also dated September 1982. (d) Preservation of scenic values in certain lands; use of lands for educational purposes: For the Miller Hill land, the Secretary may get full ownership (under subsection (e)) or just an easement or other agreement that preserves its scenic value. For the Bow Lakes land, the Secretary may get full ownership (under subsection (e)) or a public access easement or agreement that supports education, research, and interpreting the land's natural features. (e) Manner of acquiring fee title or lesser interest in land: For both Miller Hill and Bow Lakes, the Secretary can normally get ownership or a lesser interest only three ways: as a gift or bequest; by purchase from a willing seller; or by exercising a right of first refusal. If the Secretary and a willing seller can't agree on a fair price, both sides can agree to let a federal district court decide it. If an owner plans to transfer any interest in this land other than by gift, the owner must tell the Secretary first. The Secretary then has 90 days to match any real offer the owner has received and buy the land on the same terms; if the Secretary doesn't act within 90 days, the owner is free to transfer it to someone else. Condemnation — taking the land through legal action rather than by agreement — is allowed only to clear up a title problem, or to prevent serious damage to the land's scenic, soil, or water resources, and only after negotiation has failed. If the Secretary decides negotiations have failed, the Secretary must tell the owner in writing what action is planned and go to court seeking an injunction to prevent the damage. At any point — and within 30 days if a court grants that injunction — the Secretary must send the owner a final purchase offer in writing. If the owner turns it down, the Secretary may then file for condemnation. Either way, the Secretary must tell the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources about any such action. (f) Zoning restrictions for protection of scenic resources: The Secretary must talk with local government officials to work out zoning restrictions, agreeable to both sides, to protect the scenic value of the Miller Hill land. The Secretary must also talk with state and local officials who enforce Michigan's Goemaere-Anderson Wetland Protection Act, to help protect the natural resources of the Bow Lakes land. (g) Inclusion of certain lands as part of lakeshore: There's a 240-acre area called "The Kettle." If its owner agrees to donate full ownership, a scenic easement, or some other partial interest in it, the Secretary can add it to the lakeshore by publishing an updated map in the Federal Register. (h) Road maintenance and other services: If an owner or occupier of lakeshore land asks in writing, the Secretary may provide services such as road maintenance — but the owner must reimburse the government for the cost.