§ 459c-5. — Owner's reservation of right of use and occupancy for fixed term of years or life.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459c-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459c-5. Owner's reservation of right of use and occupancy
for fixed term of years or life
(a) Election of term; fair market value; termination; notification;
lease of Federal lands: restrictive covenants, offer to prior
owner or leaseholder
Except for property which the Secretary specifically determines is
needed for interpretive or resources management purposes of the
seashore, the owner of improved property or of agricultural property on
the date of its acquisition by the Secretary under sections 459c to
459c-7 of this title may, as a condition of such acquisition, retain for
himself and his or her heirs and assigns a right of use and occupancy
for a definite term of not more than twenty-five years, or, in lieu
thereof, for a term ending at the death of the owner or the death of his
or her spouse, whichever is later. The owner shall elect the term to be
reserved. Unless the property is wholly or partly donated to the United
States, the Secretary shall pay to the owner the fair market value of
the property on the date of acquisition minus the fair market value on
that date of the right retained by the owner. A right retained pursuant
to this section shall be subject to termination by the Secretary upon
his or her determination that it is being exercised in a manner
inconsistent with the purposes of sections 459c to 459c-7 of this title,
and it shall terminate by operation of law upon the Secretary's
notifying the holder of the right of such determination and tendering to
him or her an amount equal to the fair market value of that portion of
the right which remains unexpired. Where appropriate in the discretion
of the Secretary, he or she may lease federally owned land (or any
interest therein) which has been acquired by the Secretary under
sections 459c to 459c-7 of this title, and which was agricultural land
prior to its acquisition. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes of
sections 459c to 459c-7 of this title. Any land to be leased by the
Secretary under this section shall be offered first for such lease to
the person who owned such land or was a leaseholder thereon immediately
before its acquisition by the United States.
(b) ``Improved and agricultural property'' defined
As used in sections 459c to 459c-7 of this title, the term
``improved property'' shall mean a private noncommercial dwelling,
including the land on which it is situated, whose construction was begun
before September 1, 1959, or, in the case of areas added by action of
the Ninety-fifth Congress, May 1, 1978 or, in the case of areas added by
action of the Ninety-sixth Congress, May 1, 1979, and structures
accessory thereto (hereinafter in this subsection referred to as
``dwelling''), together with such amount and locus of the property
adjoining and in the same ownership as such dwelling as the Secretary
designates to be reasonably necessary for the enjoyment of such dwelling
for the sole purpose of noncommercial residential use and occupancy. In
making such designation the Secretary shall take into account the manner
of noncommercial residential use and occupancy in which the dwelling and
such adjoining property has usually been enjoyed by its owner or
occupant. The term ``agricultural property'' as used in sections 459c to
459c-7 of this title means lands which were in regular use for, or were
being converted to agricultural, ranching, or dairying purposes as of
May 1, 1978 or, in the case of areas added by action of the Ninety-sixth
Congress, May 1, 1979, together with residential and other structures
related to the above uses of the property that were in existence or
under construction as of May 1, 1978.
(c) Payment deferral; scheduling; interest rate
In acquiring those lands authorized by the Ninety-fifth Congress for
the purposes of sections 459c to 459c-7 of this title, the Secretary
may, when agreed upon by the landowner involved, defer payment or
schedule payments over a period of ten years and pay interest on the
unpaid balance at a rate not exceeding that paid by the Treasury of the
United States for borrowing purposes.
(d) Lands donated by State of California
The Secretary is authorized to accept and manage in accordance with
sections 459c to 459c-7 of this title, any lands and improvements within
or adjacent to the seashore which are donated by the State of California
or its political subdivisions. He is directed to accept any such lands
offered for donation which comprise the Tomales Bay State Park, or lie
between said park and Fish Hatchery Creek. The boundaries of the
seashore shall be changed to include any such donated lands.
(e) Fee or admission charge prohibited
Notwithstanding any other provision of law, no fee or admission
charge may be levied for admission of the general public to the
seashore.
(Pub. L. 87-657, Sec. 5, formerly Sec. 6, Sept. 13, 1962, 76 Stat. 541;
renumbered Sec. 5, Pub. L. 91-223, Sec. 2(c), Apr. 3, 1970, 84 Stat. 90;
amended Pub. L. 95-625, title III, Sec. 318(b)-(d), Nov. 10, 1978, 92
Stat. 3487; Pub. L. 96-199, title I, Sec. 101(a)(2)-(4), Mar. 5, 1980,
94 Stat. 67.)
Amendments
1980--Subsec. (a). Pub. L. 96-199, Sec. 101(a)(2), substituted
``Except for property which the Secretary specifically determines is
needed for interpretive or resources management purposes of the
seashore, the'' for ``The'' in first sentence.
Subsec. (b). Pub. L. 96-199, Sec. 101(a)(3), inserted ``or, in the
case of areas inserted by action of the Ninety-sixth Congress, May 1,
1979,'' after ``May 1, 1978'' and ``that were in existence or under
construction as of May 1, 1978'' after ``related to the above uses of
the property''.
Subsecs. (d), (e). Pub. L. 96-199, Sec. 101(a)(4), added subsecs.
(d) and (e).
1978--Subsec. (a). Pub. L. 95-625, Sec. 318(b), extended provision
to agricultural property; provided for: retention rights of heirs and
assigns, retention rights for term of twenty-five years or for term
ending with death of owner or spouse, whichever was later, as elected by
owner, which provision previously authorized retention for term of fifty
years, termination of right of retention and notice thereof, and for
lease of federally owned lands, subject to restrictive covenants, with
first offer to prior owner or leaseholder; and included clause relating
to donation of property to the United States.
Subsec. (b). Pub. L. 95-625, Sec. 318(c), defined ``improved
property'' to include private dwelling, the construction of which was
begun, in the case of areas added by action of the Ninety-fifth
Congress, October 1, 1978, and included definition of ``agricultural
property''.
Subsec. (c). Pub. L. 95-625, Sec. 318(d), added subsec. (c).
Section Referred to in Other Sections
This section is referred to in sections 459c-2, 459c-4, 459c-6,
459c-6b, 459c-7 of this title.
