IN THE SENATE OF THE UNITED STATES
February 2, 2010
Mr. Levin (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes.
This Act may be cited as the
Sleeping Bear Dunes National Lakeshore
Conservation and Recreation Act.
In this Act:
Line of Demarcation
The term line of demarcation means the general line formed by the lakeward extent of the first contiguous vegetation that is upland from the high water mark.
term map means the map entitled
Sleeping Bear Dunes
National Lakeshore, Proposed Wilderness Boundary, numbered 634/80,083,
and dated February 2009.
The term Secretary means the Secretary of the Interior.
The term State means the State of Michigan.
The term Wilderness means the Sleeping Bear Dunes National Lakeshore Wilderness designated by section 3(a).
Sleeping bear dunes national lakeshore wilderness
In accordance with section 3(c) of the
Wilderness Act (16 U.S.C. 1132(c)) and subject to subsection (c), certain land
and inland water comprising approximately 32,557 acres along the mainland shore
of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties,
Michigan, within the Sleeping Bear Dunes National Lakeshore, as generally
depicted on the map, is designated as wilderness and as a component of the
National Wilderness Preservation System, to be known as the
Bear Dunes National Lakeshore Wilderness.
Map and legal description
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
As soon as practicable after the date of enactment of this Act, the Secretary shall submit a legal description of the boundary of the wilderness area to—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the legal description and map.
Lakeward boundary of the wilderness
Subject to paragraph (2), the line of demarcation shall be the lakeward boundary of any portion of the Wilderness that would otherwise be bordered by Lake Michigan.
Surface water and active wash zone
The surface water and active wash zone of Lake Michigan, regardless of the fluctuating lake level or the line of demarcation, shall be considered to be outside the boundary of the Wilderness.
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in the Wilderness Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
with respect to land administered by the Secretary, any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Maintenance of roads
Nothing in this Act prevents the maintenance and improvement of roads that are—
in existence on the date of this Act; and
located adjacent to the Wilderness.
The Wilderness boundary shall be—
a minimum of 100 feet from the centerline of adjacent county roads; and
a minimum of 300 feet from the centerline of adjacent State highways.
Nothing in this Act affects hunting under applicable Federal and State laws (including regulations) within the Wilderness.
Fish and wildlife
As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife within the Wilderness.
Nothing in this Act affects the use of watercraft under applicable Federal and State laws (including regulations) within the Wilderness to the extent that the use was allowed on the day before the date of enactment of this Act.
No Buffer Zones
Nothing in this Act creates a protective perimeter or buffer zone around the Wilderness.
The fact that a nonwilderness activity or use can be seen or heard from within the Wilderness shall not preclude the conduct of the activity or use outside the boundary of the Wilderness.
Nothing in this Act—
modifies, alters, or affects any treaty rights;
modifies, alters, or affects any valid private property rights in existence on the day before the date of enactment of this Act;
alters the management of the water of Lake Michigan within the boundary of the Sleeping Bear Dunes National Lakeshore in existence on the day before the date of enactment of this Act; or
the use of motors on the surface water of Lake Michigan adjacent to the Wilderness; or
the beaching of motorboats on the Lake Michigan beach lakeward of the boundary of the Wilderness.