---
kind: "section"
citation: "16 U.S.C. § 460x–11"
title: "16"
title_heading: "Conservation"
number: "460x–11"
heading: "Scenic roads"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460x-11"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXXII — Sleeping Bear Dunes National Lakeshore"
---

# §460x–11. Scenic roads

- (a) **Authority of Secretary for construction, administration, and procurement of land—** In order to facilitate visitor travel, provide scenic overlooks for public enjoyment and interpretation of the national lakeshore and related features, and in order to enhance recreational opportunities, the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to construct and administer as a part of the national lakeshore scenic roads of parkway standards generally lying within Benzie County and within the parkway zone designated on the [map](/usc/16/430f–7.md?p=1) specified in [section 460x–1(a) of this title](/usc/16/460x–1.md?p=a). Such scenic roads shall include necessary connections, bridges, and other structural utilities. Notwithstanding any other provision of this subchapter, the [Secretary](/usc/16/410r–5.md?p=c-1) may procure for this purpose land, or interest therein, by donation, purchase with appropriated or donated funds, or otherwise: Provided, That land and interest so procured shall not exceed one hundred and fifty acres per mile of scenic road, except that tracts may be procured in their entirety in order to avoid severances. Property so acquired in excess of the acreage limitation provided in this section may be exchanged by the [Secretary](/usc/16/410r–5.md?p=c-1) for any land of approximately equal value authorized for [acquisition](/usc/16/620e.md?p=1) by this subchapter.
- (b) **Exchange or sale of lands in Leelanau County—** Except as provided in [subsection (c)](#c), any lands in Leelanau County acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) under this section before October 22, 1982, which are within the parkway zone depicted on the [map](/usc/16/430f–7.md?p=1) specified in [section 460x–1(a) of this title](/usc/16/460x–1.md?p=a) but which are not within, or contiguous to, the lakeshore zone as depicted on such [map](/usc/16/430f–7.md?p=1) may be exchanged by the [Secretary](/usc/16/410r–5.md?p=c-1) for other lands of approximately equal value in the lakeshore. If the [Secretary](/usc/16/410r–5.md?p=c-1) is unable to effect such an exchange, such lands may be offered for sale to the [person](/usc/16/450rr–1.md?p=b) who owned such lands immediately before their [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1). If such previous [owner](/usc/16/429b–3.md?p=4) declines such offer, the [Secretary](/usc/16/410r–5.md?p=c-1) may sell such lands to any buyer. Proceeds from any sale under this subsection shall be credited to the account established under [section 17](/usc/16/17.md) of this Act.
- (c) **Administration of certain lands as Resource Preservation Areas—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to obtain and administer, according to the provisions of this section, as a part of the lakeshore as Resource Preservation [Areas](/usc/16/539m–1.md?p=1-A) certain interests in the following lands:
  - (1) Approximately 600 acres designated as “Miller Hill” on the [map](/usc/16/430f–7.md?p=1) numbered 634–91,001, dated September 1982.
  - (2) Approximately 975 acres as designated as “Bow Lakes” on the [map](/usc/16/430f–7.md?p=1) numbered 634–91–002, dated September 1982.
- (d) **Preservation of scenic values in certain lands; use of lands for educational purposes—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) may obtain fee title under [subsection (e)](#e) to lands described in [subsection (c)(1)](#c-1), or easements or other restrictive agreements for the preservation of scenic values in such lands.
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) may obtain fee title under [subsection (e)](#e) to lands described in [subsection (c)(2)](#c-2), or public access easements or other restrictive agreements consistent with use of such lands for educational purposes and for research and interpretation of natural features.
- (e) **Manner of acquiring fee title or lesser interest in land—**
  - (1) Except as provided under [paragraph (4)](#e-4), the [Secretary](/usc/16/410r–5.md?p=c-1) may obtain fee title or other lesser interests to lands described in [subsection (c)](#c) only—
    - (A) by gift, donation, or bequest;
    - (B) by purchase from a willing seller under [paragraph (2)](#e-2); or
    - (C) as an exercise of a right of first refusal under [paragraph (3)](#e-3).
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) may negotiate with willing sellers for the transfer of fee title to other lesser interests to lands described in [subsection (c)](#c). If the [Secretary](/usc/16/410r–5.md?p=c-1) and such willing seller are unable to agree to a fair purchase price, that question may, by mutual consent be submitted to the appropriate United States District Court for adjudication.
  - (3) If the [owner](/usc/16/429b–3.md?p=4) of any lands described in [subsection (c)](#c) intends to transfer any interest in such lands except by gift, donation, or bequest, such [owner](/usc/16/429b–3.md?p=4) must notify the [Secretary](/usc/16/410r–5.md?p=c-1) of such intention. The [Secretary](/usc/16/410r–5.md?p=c-1) shall have 90 days after notification in which to exercise a right of first refusal to match any bona fide offer to obtain such interest under the same terms and conditions as are contained in such offer. If the [Secretary](/usc/16/410r–5.md?p=c-1) has not exercised such right within 90 days, the [owner](/usc/16/429b–3.md?p=4) may transfer such interest.
  - (4) Condemnation may be used with respect to any lands described in [subsection (c)](#c) only—
    - (A) to clear title if necessary for any transfer to the [Secretary](/usc/16/410r–5.md?p=c-1) under this subsection; or
    - (B) to purchase fee title or such lesser interest as may be sufficient to prevent significant damage to the scenic, soil, or water resources of the lakeshore. Action under this subparagraph shall be used only after attempts to negotiate a solution to the problem have failed. If the [Secretary](/usc/16/410r–5.md?p=c-1) determines that such attempts have failed, the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify in writing the [owner](/usc/16/429b–3.md?p=4) of the property involved of the proposed action to be taken under this subparagraph and the [Secretary](/usc/16/410r–5.md?p=c-1) shall seek an injunction to prevent such resource damage. The [Secretary](/usc/16/410r–5.md?p=c-1) may at any time, and if an injunction is granted under this subparagraph the [Secretary](/usc/16/410r–5.md?p=c-1) shall within 30 days after the date of such injunction, send in writing to the [owner](/usc/16/429b–3.md?p=4) of the property the [Secretary](/usc/16/410r–5.md?p=c-1)’s best and final offer for the purchase of such property. If the [owner](/usc/16/429b–3.md?p=4) does not accept such offer, the [Secretary](/usc/16/410r–5.md?p=c-1) may file for condemnation. The [Secretary](/usc/16/410r–5.md?p=c-1) must notify the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives of any action taken under this subparagraph.
- (f) **Zoning restrictions for protection of scenic resources—**
  - (1) The [Secretary](/usc/16/410r–5.md?p=c-1) shall enter into discussions with appropriate local government officials to develop mutually agreeable zoning restrictions for the protection of scenic resources with respect to the lands described in [subsection (c)(1)](#c-1).
  - (2) The [Secretary](/usc/16/410r–5.md?p=c-1) shall enter into discussions with appropriate [State](/usc/16/590q.md?p=a) and local officials responsible for the administration of the Goemaere-Anderson Wetland Protection Act (Michigan, P.A. 203, 1979) to ensure the protection of natural resources with respect to the lands described in [subsection (c)(2)](#c-2).
- (g) **Inclusion of certain lands as part of lakeshore—** If the [owner](/usc/16/429b–3.md?p=4) of the [area](/usc/16/539m–1.md?p=1-A) designated as “The Kettle” in the General [Management Plan](/usc/16/544.md?p=k) dated October 1, 1979, and comprising 240 acres, agrees to donate fee title or a scenic easement to, or other less than fee interest in, such [area](/usc/16/539m–1.md?p=1-A), the lands in such [area](/usc/16/539m–1.md?p=1-A) may be included as a part of the lakeshore upon publication in the Federal Register by the [Secretary](/usc/16/410r–5.md?p=c-1) of a revised [map](/usc/16/430f–7.md?p=1) of the lakeshore which includes such lands.
- (h) **Road maintenance and other services—** The [Secretary](/usc/16/410r–5.md?p=c-1) may, upon request in writing by any [owner](/usc/16/429b–3.md?p=4) or occupier of lands in the lakeshore, provide services, such as road maintenance, subject to reimbursement.

## Source credit

(Pub. L. 91–479, § 12, Oct. 21, 1970, 84 Stat. 1080; Pub. L. 97–361, § 3, Oct. 22, 1982, 96 Stat. 1722; Pub. L. 103–437, § 6(d)(17), Nov. 2, 1994, 108 Stat. 4584.)

## Notes

### Editorial Notes

### References in Text

Section 17 of this Act, referred to in subsec. (b), probably means proposed section 17 of Pub. L. 91–479, which was contained in H.R. 3787, 97th Congress, 2d Session, as reported in House Report No. 97–882, page 4, but was omitted in the final version enacted by Congress as Pub. L. 97–361.

### Amendments

1994—Subsec. (e)(4)(B). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” after “Committee on”.

1982—Pub. L. 97–361 designated existing provisions as subsec. (a), inserted “Benzie County and within” after “generally lying within”, and added subsecs. (b) to (h).