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16 U.S.C. § 460x–5 — Administration, protection, and development

submitted 56 years ago by Pub. L. 91-479 to r/title-16-CONSERVATION · 364 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary how to run the Sleeping Bear Dunes Lakeshore. He must write a plan for recreation facilities and scenic protection, and within four years he had to recommend to the President which areas should become official wilderness. When building public-use areas, he must avoid hurting nearby residents' property value.

(a) Applicability of provisions; utilization of statutory authorities: The Secretary runs, protects, and develops the lakeshore following this subchapter and the general 1916 law covering areas the National Park Service manages. The Secretary may also use any other legal authority available for conserving and managing natural resources, as long as it helps achieve this subchapter's purposes.

(b) Land and water use management plan; preparation and implementation by Secretary: In running, protecting, and developing the lakeshore, the Secretary must prepare and carry out a land and water use management plan. The plan must specifically provide for: (1) building facilities that give the public the benefits of recreation; (2) protecting scenic, scientific, and historic features that the public enjoys; and (3) protecting, managing, and using renewable natural resources in a way the Secretary judges consistent with, and supportive of, both public recreation and protecting those scenic, scientific, and historic features.

(c) Area review by Secretary; report to President; recommendations for preservation as wilderness: Within four years of October 21, 1970, the Secretary had to review the lakeshore and report to the President — following subsections (c) and (d) of section 1132 of this title — recommending which areas, if any, were suitable for wilderness protection. Any actual wilderness designation had to follow the process in those same subsections.

(d) Public use areas; preservation of rights of owner or occupant of improved property: When developing public-use areas within the lakeshore, the Secretary must choose locations and methods that won't reduce the value or enjoyment of any improved property for its owner or occupant.

the actual law source: uscode.house.gov ↗public domain
(a) Applicability of provisions; utilization of statutory authorities

The administration, protection, and development of the lakeshore shall be exercised by the Secretary, subject to the provisions of this subchapter and of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 as amended and supplemented, relating to the areas administered and supervised by the Secretary through the National Park Service; except that authority otherwise available to the Secretary for the conservation and management of natural resources may be utilized to the extent he finds such authority will further the purposes of this subchapter.

(b) Land and water use management plan; preparation and implementation by Secretary; required provisions

In the administration, protection, and development of the area, the Secretary shall prepare and implement a land and water use management plan, which shall include specific provisions for—

(1)

development of facilities to provide the benefits of public recreation;

(2)

protection of scenic, scientific, and historic features contributing to public enjoyment; and

(3)

such protection, management, and utilization of renewable natural resources as in the judgment of the Secretary is consistent with, and will further the purpose of, public recreation and protection of scenic, scientific, and historic features contributing to public enjoyment.

(c) Area review by Secretary; report to President; recommendations for preservation of any area within lakeshore as wilderness; designation as a wilderness

Within four years from October 21, 1970, the Secretary of the Interior shall review the area within the Sleeping Bear Dunes National Lakeshore and shall report to the President, in accordance with subsections (c) and (d) of section 1132 of this title, his recommendation as to the suitability or nonsuitability of any area within the lakeshore for preservation as wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with said subsections.

(d) Public use areas; preservation of rights of owner or occupant of improved property located within public use area

In developing the lakeshore the Secretary shall provide public use areas in such places and manner as he determines will not diminish the value or enjoyment for the owner or occupant of any improved property located thereon.

Source credit: (Pub. L. 91–479, § 6, Oct. 21, 1970, 84 Stat. 1077.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-479 · 84 Stat. 1077

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-479 on 1970-10-21.

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