Page:United States Statutes at Large Volume 96 Part 2.djvu/360

 96 STAT. 1722

Right of use and occupancy, termination.

16 USC 460X-11.

Land exchange.

PUBLIC LAW 97-361—OCT. 22, 1982

property to any other improved property, the development or public use of the lakeshore and the related timetable therefor, and the anticipated availability in the immediate future of funds related to such development or public use. "(2)(A) With respect to any improved property, as defined in subsection (a)(2), with respect to which the occupier has retained a right of use and occupancy under section 10(b), the Secretary may terminate such right 90 days after notifying in writing the occupier, if the Secretary determines that such improved property is needed for public use or development under this Act. In making any such determination the Secretary shall take into account the proximity of such property to any other improved property, the development or public use requirements of the lakeshore and related timetable therefor, and the current availability of funds for the proposed public use or development. "(B) The Secretary shall pay to the owner of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination. "(3)(A) The Secretary must, within 60 days after the date of enactment of this subsection, notify in writing any owner or occupier of property described in subsection (a)(2) that an option to retain rights with respect to such property exists under section 10(b), whether such property shall be subject to any action by the Secretary under paragraph (1) of this subsection, the nature of such proposed action, the reasons for such proposed action, and the contemplated timetable therefor. "(B) With respect to any proposed action to be taken under paragraph (2) of this subsection, if the Secretary determines within 60 days after the date of enactment of this subsection, after taking into account timetable and funding projections, that, consistent with the General Management Plan dated October 1979, public use or development is anticipated before 1998 for an area conteiining any improved property described in subsection (a)(2), the Secretary shall include notice of such determination in any notification under subparagraph (A) of this paragraph. Any failure of the Secretary to so notify an occupier pursuant to this subparagraph shall not preclude the Secretary from taking action under paragraph (2) at some future date.". SEC. 3. Section 12 of the Act amended by the first two sections of this Act is amended— (1) by inserting "(a)" immediately before "In order to facilitate"; (2) by inserting "Benzie County and within" after "within" in the first sentence thereof; and (3) by adding the following at the end thereof: "(b) Except as provided in subsection (c), any lands in Leelanau County acquired by the Secretary under this section before the date of enactment of this subsection which are within the parkway zone depicted on the map specified in section 2(a) but which are not within, or contiguous to, the lakeshore zone as depicted on such map may be exchanged by the Secretary for other lands of approximately equal value in the lakeshore. If the Secretary is unable to effect such an exchange, such lands may be offered for sale to the person who owned such lands immediately before their acquisition by the Secretary. If such previous owner declines such offer, the Secretary may sell such lands to any buyer. Proceeds from any sale under this

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