
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
