--- kind: "section" citation: "16 U.S.C. § 460x–2" title: "16" title_heading: "Conservation" number: "460x–2" heading: "Designation of lakeshore areas" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/460x-2" units: - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores" - "Subchapter LXXXII — Sleeping Bear Dunes National Lakeshore" --- # §460x–2. Designation of lakeshore areas - (a) **Area categories; publication in Federal Register—** Within thirty days, or as soon as possible thereafter, after October 21, 1970, the [Secretary](/usc/16/410r–5.md?p=c-1) shall publish in the Federal Register a [map](/usc/16/430f–7.md?p=1) or other description of the lakeshore delineating [areas](/usc/16/539m–1.md?p=1-A) constituting the following categories: Category I, public use and development [areas](/usc/16/539m–1.md?p=1-A). Category II, environmental conservation [areas](/usc/16/539m–1.md?p=1-A). Category III, private use and development [areas](/usc/16/539m–1.md?p=1-A). - (b) **Acquisition of lands and interests therein of category I areas—** Lands and interests therein designated as category I may be acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) in accordance with [section 460x–7 of this title](/usc/16/460x–7.md). - (c) **Designation of lands as within categories II and III for acquisition by Secretary; publication in Federal Register—** Within one hundred and fifty days after October 21, 1970, the [Secretary](/usc/16/410r–5.md?p=c-1) shall publish in the Federal Register an additional [map](/usc/16/430f–7.md?p=1) or other description of those lands, if any, designated as within categories II and III for [acquisition](/usc/16/620e.md?p=1) by him in fee in accordance with [section 460x–7 of this title](/usc/16/460x–7.md). - (d) **Acquisition of interests in lands designated as category II; limitations—** Except as provided in [subsection (f)](#f) of this section, the [Secretary](/usc/16/410r–5.md?p=c-1) may, after the publication provided for in [subsection (c)](#c), [acquire](/usc/16/620e.md?p=1) only such interests in lands designated as category II, other than those to be acquired in fee simple, as he deems appropriate to insure the continued conservation and preservation of the environmental quality of the lakeshore. - (e) **Acquisition of interests in lands designated as category III; limitations—** Except as provided in [subsection (f)](#f) of this section, the [Secretary](/usc/16/410r–5.md?p=c-1) may, after the publication provided for in [subsection (c)](#c), [acquire](/usc/16/620e.md?p=1) only such interests in lands designated as category III, other than those lands to be acquired in fee simple, as he deems appropriate to protect lands designated for [acquisition](/usc/16/620e.md?p=1). - (f) **Restrictions on use and development of real property in categories II and III; notification of owners by Secretary of minimum restrictions on use and development for retention of property; compliance with restrictions as barring acquisition by Secretary; applicability to owners not notified by Secretary; acquisition from owners not agreeing to use of property in accordance with notice; acquisition of fee simple title—** Not later than one hundred and fifty days after October 21, 1970, the [Secretary](/usc/16/410r–5.md?p=c-1) shall notify [owners](/usc/16/429b–3.md?p=4) of real property in categories II and III, other than property designated by him for fee [acquisition](/usc/16/620e.md?p=1), of the minimum restrictions on use and development of such property under which such property can be retained in a manner compatible with the purpose for which the lakeshore was established. If the [owner](/usc/16/429b–3.md?p=4) of any real property in categories II and III agrees to the use and development of his property in accordance with such restrictions, the [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1), without the consent of such [owner](/usc/16/429b–3.md?p=4), such property or interests therein for so long as the property affected is used in accordance with such restrictions, unless he determines that such property is needed for public use development. The foregoing limitations on [acquisition](/usc/16/620e.md?p=1) shall also apply to any [owners](/usc/16/429b–3.md?p=4) of real property to whom the [Secretary](/usc/16/410r–5.md?p=c-1) did not, within the time set forth, give such a notice, except that if any property [owner](/usc/16/429b–3.md?p=4) has not, within ninety days of the notice agreed to use the property in accordance with the notice, then the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1), without limitation, fee or lesser interests in property by any of the methods set forth in [section 460x–7 of this title](/usc/16/460x–7.md): Provided, That nothing contained in subsections [(d)](#d) and [(e)](#e), and in this subsection, which limits the [acquisition](/usc/16/620e.md?p=1) of the fee simple title to property within the lakeshore, shall prevent the [Secretary](/usc/16/410r–5.md?p=c-1) from acquiring, without the consent of the [owner](/usc/16/429b–3.md?p=4), the fee simple title whenever in the [Secretary](/usc/16/410r–5.md?p=c-1)’s judgment the estimated cost of acquiring the lesser interest would be a substantial percentage of the estimated cost of acquiring the fee simple title. ## Source credit (Pub. L. 91–479, § 3, Oct. 21, 1970, 84 Stat. 1075.)