§ 460u-5. — Owner's retention of right of use and occupancy for residential purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460u-5]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXIX--INDIANA DUNES NATIONAL LAKESHORE
Sec. 460u-5. Owner's retention of right of use and occupancy for
residential purposes
(a) Election; conveyance or lease of right; adjustment of compensation;
retained rights
(1) Except for owners described in paragraph (2) and owners of
improved property within the area on the map referred to in section
460u-3 of this title, dated December 1980, and numbered 626-91014, as
area II-B, any owner or owners of record of improved property may retain
a right of use and occupancy of said improved property for noncommercial
residential purposes for a term (A) ending on his or her death or the
death of his or her spouse, whichever occurs last, or (B) for a fixed
term not to extend beyond September 30, 2010, or such lesser term as the
owner or owners may elect at the time of acquisition by the Secretary.
In the case of improved property within the boundaries of the map dated
December 1980 and numbered 626-91014 the retention of a retained right
under clause numbered (A) shall only be available to homeowners of
record as of October 1, 1980, who have attained the age of majority as
of that date and make a bona fide written offer not later than October
1, 1985, to sell to the Secretary. Where any such owner retains a right
of use and occupancy as herein provided, such right during its existence
may be conveyed or leased for noncommercial residential purposes. The
Secretary shall pay to the owner the fair market value of the property
on the date of such acquisition, less the fair market value on such date
of the right retained by the owner.
(2)(A) In the case of property included within the boundaries of the
lakeshore after 1980, any owner or owners of record of improved property
may retain a right of use and occupancy for noncommercial residential
purposes for a term ending at either of the following:
(i) A fixed term not to extend beyond September 30, 2010, or
such lesser fixed term as the owner or owners may elect at the time
of acquisition.
(ii) A term ending at the death of any owner or of a spouse of
any owner, whichever occurs last.
The owner shall elect the term to be reserved.
(B) The retention of rights under subparagraph (A) shall be
available only to individuals who are homeowners of record as of July 1,
1986, who have attained the age of majority as of that date and who make
a bona fide written offer not later than July 1, 1991, to sell to the
Secretary.
(3)(A) In the case of improved property included within the
boundaries of the lakeshore after October 1, 1991, that was not included
within such boundaries on or before that date, an individual who is an
owner of record of such property may retain a right of use and occupancy
of such improved property for noncommercial residential purposes for a
term ending, subject to subparagraph (B), at either of the following:
(i) A fixed term not to extend beyond October 1, 2020, or such
lesser fixed term as the owner may elect at the time of acquisition.
(ii) A term ending at the death of the owner or the owner's
spouse, whichever occurs later. The owner or owners shall elect the
term to be reserved.
(B) Subparagraph (A)(ii) shall apply only to improved property owned
by an individual who--
(i) was an owner of record of the property as of October 1,
1991;
(ii) had attained the age of majority as of that date; and
(iii) made a bona fide written offer not later than October 1,
1997, to sell the property to the Secretary.
(b) Termination of use and occupancy; pre-October 18, 1976, standards of
use and occupancy to remain in effect
Upon his determination that the property, or any portion thereof,
has ceased to be used in accordance with the applicable terms and
conditions, the Secretary may terminate a right of use and occupancy.
Nonpayment of property taxes, validly assessed, on any retained right of
use and occupancy shall also be grounds for termination of such right by
the Secretary. In the event the Secretary terminates a right of use and
occupancy under this subsection he shall pay to the owners of the
retained right so terminated an amount equal to the fair market value of
the portion of said right which remained unexpired on the date of
termination. With respect to any right of use and occupancy in existence
on the effective date of this sentence, standards for retention of such
rights in effect at the time such rights were reserved shall constitute
the terms and conditions referred to in section 460u-3 of this title.
(c) Extension of use and occupancy rights
With respect to improved properties acquired prior to December 28,
1980, and upon which a valid existing right of use and occupancy has
been reserved for a term of not more than twenty years, the Secretary
may, in his discretion, extend the term of such retained right for a
period of not more than nine years upon receipt of payment prior to
September 30, 1983, from the holder of the retained right. The amount of
such payment shall be equivalent to the amount discounted from the
purchase price paid by the Secretary for the identical period of time
under the terms of the original sale adjusted by a general index adopted
by the Secretary reflecting overall value trends within Indiana Dunes
National Lakeshore between the time of the original sale and the time of
the retained right of extension offered by this subsection.
(Pub. L. 89-761, Sec. 5, formerly Sec. 6, Nov. 5, 1966, 80 Stat. 1311;
renumbered Sec. 5 and amended Pub. L. 94-549, Sec. 1(4), (9), Oct. 18,
1976, 90 Stat. 2529, 2533; Pub. L. 96-612, Sec. 1(6), (7), Dec. 28,
1980, 94 Stat. 3576; Pub. L. 99-583, Sec. 1(c), Oct. 29, 1986, 100 Stat.
3319; Pub. L. 102-430, Sec. 4(b), (c), Oct. 23, 1992, 106 Stat. 2208,
2209; Pub. L. 105-277, div. A, Sec. 101(e) [title I, Sec. 141], Oct. 21,
1998, 112 Stat. 2681-231, 2681-266.)
References in Text
The effective date of this sentence, referred to in subsec. (b),
probably refers to the date of enactment of Pub. L. 94-549, which was
approved Oct. 18, 1976.
Prior Provisions
A prior section 5 of Pub. L. 89-761 was classified to section 460u-4
of this title, prior to repeal by Pub. L. 94-549, Sec. 1(9).
Amendments
1998--Subsec. (a)(3)(A). Pub. L. 105-277, Sec. 101(e) [title I,
Sec. 141(1)], in introductory provisions, struck out ``as of that date''
after ``record of such property'' and inserted ``, subject to
subparagraph (B),'' after ``term ending''.
Subsec. (a)(3)(B). Pub. L. 105-277, Sec. 101(e) [title I,
Sec. 141(2)], substituted ``Subparagraph (A)(ii)'' for ``Subparagraph
(A)'' in introductory provisions.
1992--Subsec. (a)(1). Pub. L. 102-430, Sec. 4(c), substituted a
comma for a period after first reference to ``626-91014''.
Subsec. (a)(3). Pub. L. 102-430, Sec. 4(b), added par. (3).
1986--Subsec. (a). Pub. L. 99-583 designated existing provisions as
par. (1), inserted ``owners described in paragraph (2) and'' and
substituted reference to the map referred to in section 460u-3 of this
title for reference to the map referred to in section 460u of this
title, ``(A)'' for ``(1)'' in two places, ``(B)'' for ``(2)'', and ``.
In the case of improved property within the boundaries of the map dated
December 1980 and numbered 626-91014'' for ``: Provided, That'', and
added par. (2).
1980--Subsec. (a). Pub. L. 96-612, Sec. 1(6), substituted provisions
authorizing certain owners of improved property, except such owners
within area II-B, to retain rights of use and occupancy of such property
for noncommercial residential purposes for a term either ending at death
or at a specified date no later than September 30, 2010, for provisions
authorizing certain owners of similar property to retain such rights for
similar purposes for a fixed term of twenty years or less, as elected,
authorizing the conveyance or leasing of such rights, and specifying the
formula for reimbursing such owners upon acquisition of such property by
the Secretary.
Subsec. (c). Pub. L. 96-612, Sec. 1(7), added subsec. (c).
1976--Subsec. (a). Pub. L. 94-549, Sec. 1(4)(a), provided that
owners within unit II-B on the map referred to in section 460u of this
title be excluded from use and occupancy rights, that owners attain the
age of majority to be eligible to retain use and occupancy rights, and
that the maximum term that an owner may retain use and occupancy rights
be reduced to twenty years from twenty-five years.
Subsec. (b). Pub. L. 94-549, Sec. 1(4)(b), substituted provision
requiring failure of property to be used in accordance with the terms
and applicable conditions as grounds for termination by the Secretary
for provision which required failure of the property to be used in
accordance with applicable zoning standards, added nonpayment of
property taxes as a ground for termination, and provided that the
standards for right of use and occupancy applicable prior to Oct. 18,
1976 remain in effect for such right, including applicable zoning
regulations.
Section Referred to in Other Sections
This section is referred to in section 460u-7 of this title.
