[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2976 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2976

  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.


_______________________________________________________________________


                   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

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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 entitled 
        ``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.--The term ``Wilderness'' means the Sleeping 
        Bear Dunes National Lakeshore Wilderness designated by section 
        3(a).

SEC. 3. SLEEPING BEAR DUNES NATIONAL LAKESHORE WILDERNESS.

    (a) Designation.--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 ``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 practicable after the 
        date of enactment of this Act, the Secretary shall submit a 
        legal description of the boundary of the wilderness area to--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (B) 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 legal description and map.
    (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 
        the Wilderness 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 Wilderness.

SEC. 4. ADMINISTRATION.

    (a) Management.--
            (1) Wilderness act.--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--
                    (A) 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
                    (B) 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.
            (2) Maintenance of roads.--
                    (A) In general.--Nothing in this Act prevents the 
                maintenance and improvement of roads that are--
                            (i) in existence on the date of this Act; 
                        and
                            (ii) located adjacent to the Wilderness.
                    (B) Wilderness boundary.--The Wilderness boundary 
                shall be--
                            (i) a minimum of 100 feet from the 
                        centerline of adjacent county roads; and
                            (ii) a minimum of 300 feet from the 
                        centerline of adjacent State highways.
            (3) Hunting.--Nothing in this Act affects hunting under 
        applicable Federal and State laws (including regulations) 
        within the Wilderness.
            (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 
        affects the jurisdiction or responsibilities of the State with 
        respect to fish and wildlife within the Wilderness.
            (5) Watercraft.--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.
            (6) No buffer zones.--
                    (A) In general.--Nothing in this Act creates a 
                protective perimeter or buffer zone around the 
                Wilderness.
                    (B) Nonwilderness activities.--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.
    (b) Savings Provisions.--Nothing in this Act--
            (1) modifies, alters, or affects any treaty rights;
            (2) modifies, alters, or affects any valid private property 
        rights in existence on the day before the date of enactment of 
        this Act;
            (3) 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
            (4) prohibits--
                    (A) the use of motors on the surface water of Lake 
                Michigan adjacent to the Wilderness; or
                    (B) the beaching of motorboats on the Lake Michigan 
                beach lakeward of the boundary of the Wilderness.
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