II 111th CONGRESS 2d Session S. 2976 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.

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 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).

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.

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.