H.R. 163: Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act

113th Congress, 2013–2015. Text as of Jan 04, 2013 (Reported by House Committee).

Status & Summary | PDF | Source: GPO and Cato Institute Deepbills

IB

Union Calendar No. 272

113th CONGRESS

2d Session

H. R. 163

[Report No. 113–366]

IN THE HOUSE OF REPRESENTATIVES

January 4, 2013

(for himself, Mr. Camp, Mr. Huizenga of Michigan, Mr. Walberg, Mr. Upton, and Mr. Rogers of Michigan) introduced the following bill; which was referred to the Committee on Natural Resources

February 28, 2014

Additional sponsors: Mrs. Miller of Michigan, Mr. Bentivolio, Mr. Levin, Mr. Peters of Michigan, Mr. Dingell, and Mr. Kildee

February 28, 2014

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on January 4, 2013


A BILL

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.


1.

Short title

This Act may be cited as the Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act .

2.

Definitions

In this Act:

(1)

Map

The term map means the map consisting of 6 sheets entitled Sleeping Bear Dunes National Lakeshore Proposed Wilderness Boundary, numbered 634/80,083B, and dated November 2010.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

3.

Sleeping bear dunes wilderness

(a)

Designation

In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), certain land and inland water within the Sleeping Bear Dunes National Lakeshore comprising approximately 32,557 acres along the mainland shore of Lake Michigan and on certain nearby islands in Benzie and Leelanau Counties, Michigan, 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 Sleeping Bear Dunes Wilderness.

(b)

Map

(1)

Availability

The map shall be on file and available for public inspection in appropriate offices of the National Park Service.

(2)

Corrections

The Secretary may correct any clerical or typographical errors in the map.

(3)

Legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a legal description of the wilderness boundary and submit a copy of the map and legal description to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

(c)

Road setbacks

The wilderness boundary shall be—

(1)

100 feet from the centerline of adjacent county roads; and

(2)

300 feet from the centerline of adjacent State highways.

4.

Administration

(a)

In general

Subject to valid existing rights, the wilderness area designated by section 3(a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and

(2)

any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

(b)

Maintenance of roads outside wilderness boundary

Nothing in this Act prevents the maintenance and improvement of roads that are located outside the boundary of the wilderness area designated by section 3(a).

(c)

Fish and wildlife

Nothing in this Act affects the jurisdiction of the State of Michigan with respect to the management of fish and wildlife, including hunting and fishing within the national lakeshore in accordance with section 5 of Public Law 91–479 ( 16 U.S.C. 460x–4).

(d)

Buffer zones

(1)

In general

Nothing in this section creates a protective perimeter or buffer zone around any area designated as wilderness by subsection (a).

(2)

Activities outside wilderness

The fact that an activity or use on land outside any area designated as wilderness by subsection (a) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.

(e)

Military overflights

Nothing in this section restricts or precludes—

(1)

low-level overflights of military aircraft over an area designated as wilderness by subsection (a), including military overflights that can be seen or heard within any wilderness area;

(2)

flight testing and evaluation; or

(3)

the designation or creation of new units of special use airspace, or the establishment of military flight training routes over the wilderness area.

(f)

Savings provisions

Nothing in this Act modifies, alters, or affects—

(1)

any treaty rights; or

(2)

any valid private property rights in existence on the day before the date of enactment of this Act.

February 28, 2014

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed