I 111th CONGRESS 2d Session H. R. 4558 IN THE HOUSE OF REPRESENTATIVES February 2, 2010 Mr. Hoekstra (for himself and Mr. Camp) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate as wilderness certain lands and inland waters 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)

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. (2)

Map

The term map means the map titled Sleeping Bear Dunes National Lakeshore, Proposed Wilderness Boundary, numbered 634/80,083, and dated February, 2009. (3)

Secretary

The term Secretary means the Secretary of the Interior. (4)

State

The term State means the State of Michigan. (5)

Wilderness area

The term wilderness area means the Sleeping Bear Dunes National Lakeshore Wilderness designated by section 3(a).

3.

Sleeping Bear Dunes National Lakeshore Wilderness area

(a)

Designation

In accordance with section 3(c) of the Wilderness Act (16 U.S.C. 1132(c)), and subject to subsection (c), certain lands and inland waters 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, are hereby designated as wilderness, and as a component of the National Wilderness Preservation System. The wilderness area designated by this section shall be known as the Sleeping Bear Dunes National Lakeshore Wilderness. (b)

Map and legal description

(1)

On file

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (2)

Legal description

As soon as practical after the date of the 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. (3)

Corrections

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 description and maps. (c)

Lakeward boundary of the wilderness

(1)

In general

Subject to paragraph (2), the line of demarcation shall be the lakeward boundary of any portion of wilderness designated in subsection (a) that would otherwise be bordered by Lake Michigan. (2)

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 designated wilderness.

4.

Administration

(a)

Management

(1)

Wilderness Act

Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that— (A)any reference in the Wilderness Act to the effective date shall be considered to be a reference to the date of the enactment of this Act; and (B)with respect to lands 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. (2)

Maintenance of roads

(A)

Location of wilderness boundary

The boundary of the wilderness area shall be located not closer than— (i)100 feet from the centerline of each adjacent county road; and (ii)300 feet from the centerline of each adjacent State highway. (B)

Effect

Nothing in this Act shall prevent the maintenance and improvement of any road that is— (i)in existence on the date of enactment of this Act; and (ii)located adjacent to the wilderness area. (3)

Hunting

Nothing in this Act shall affect hunting, under applicable State and Federal laws and regulations, within the wilderness area. (4)

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 shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife within the wilderness area. (5)

Watercraft

Nothing in this Act shall affect the use of watercraft, under applicable State and Federal laws and regulations, within the wilderness area to the extent that such use was allowed on the day before the date of the enactment of this Act. (6)

No Buffer Zones

Nothing in this Act creates a protective perimeter or buffer zone around the wilderness area. The fact that a nonwilderness activity or use can be seen or heard from within the wilderness area shall not preclude the conduct of the activity or use outside the boundary of the wilderness area. (b)

Savings provisions

Nothing in this Act shall— (1)modify, alter, or in any way affect any treaty rights; (2)modify, alter, or in any way affect any valid private property rights, in existence on the day before the date of the enactment of this Act; (3)alter 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 the enactment of this Act; or (4)be construed as prohibiting the use of motors on the surface water of Lake Michigan adjacent to the wilderness area or the beaching of motorboats on the Lake Michigan beach lakeward of the boundary of the wilderness area.