Page:United States Statutes at Large Volume 96 Part 2.djvu/358

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 1720

PUBLIC LAW 97-361—OCT. 22, 1982 Public Law 97-361 97th Congress An Act

Oct 22 1982 ' [H.R. 3787]

"^^ amend sections 10 and 11 of the Act of October 21, 1970 (Public Law 91-479; 16 U.S.C. 460x), entitled "An Act to establish in the State of Michigan the Sleeping Bear Dunes National Lakeshore, and for other purposes".

Be it enacted by the Senate and House of Representatives of the Sleeping Bear United States of America in Congress assembled, That section 10 of LakesW*^^ the Act entitled "An Act to estabhsh in the State of Michigan the ivTich^ °^^' Sleeping Bear Dunes National Lakeshore, and for other purposes", 16 USC 460X-9. approved October 21, 1970 (16 U.S.C. 460x-xl4), is amended by striking out subsection 0^) and inserting in lieu thereof the following new subsections: "O^) Any person who is— "(1) an owner of improved property described in section 11(a)(2) which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary; or "(2) an occupier of improved property described in section Post, p. 1721. 11(a)(2) which is situated within the area designated for inclusion in the lakeshore on the date of its acquisition by the Secretary, in situations where the fee ownership of such improved property has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise); may retain, for a term not to exceed twenty-five years from January 1, 1973, or for a term ending on the death of such owner or occupier, the right of use or occupancy of such property for any residential purpose which is not incompatible with the purposes of this Act or which does not impair the usefulness and attractiveness of the area designated for inclusion. Such owner or occupier must notify the Secretary of any intention to exercise such option within 60 days Post, p. 1721. after receipt of the notice referred to in section 11(c)(3). In situations where the United States has not heretofore acquired fee title to the improved property, the Secretary shall pay to the owner the value of the property on the date of such acquisition, less the value on such date of the right retained by the owner. In situations where the United States has heretofore acquired fee title to the improved property, the occupier may notify the Secretary that such occupier elects to retain continued use and occupancy of such property pursuant to this section, in which event the occupier shall pay to the Secretary the value of the additional right retained, which value shall be based upon the value of the property at the time of its acquisition by the Secretary. (c) Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, and any instrument evidencing any right of use and occupancy retained by any occupier under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this Act, or which impairs the usefulness and attractiveness of such area, and if it should be so