
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460w-3]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
          SUBCHAPTER LXXXI--APOSTLE ISLANDS NATIONAL LAKESHORE
 
Sec. 460w-3. Retention rights of owners of improved property


(a) Designation of lands as administrative site, visitor center, and 
        related facilities; election by owners of term of rights 
        retained; adjustment of compensation

    With the exception of not more than eighty acres of land to be 
designated within the lakeshore boundaries by the Secretary as an 
administrative site, visitor center, and related facilities, as soon as 
practicable, any owner or owners of improved property on the date of its 
acquisition by the Secretary may, as a condition of such acquisition, 
retain for themselves and their successors or assigns a right of use and 
occupancy of the improved property for noncommercial residential 
purposes for a definite term not to exceed twenty-five years, or, in 
lieu thereof, for a term ending at the death of the owner, or the death 
of his spouse, whichever is the later. The owner shall elect the term to 
be reserved. 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.

(b) Termination right of Secretary upon determination that retained 
        property or any portion thereof has ceased to be used for 
        noncommercial residential or agricultural purposes; adjustment 
        of compensation

    A right of use and occupancy retained pursuant to this section may 
be terminated with respect to the entire property by the Secretary upon 
his determination that the property or any portion thereof has ceased to 
be used for noncommercial residential or for agricultural purposes, and 
upon tender to the holder of a right an amount equal to the fair market 
value, as of the date of the tender, of that portion of the right which 
remains unexpired on the date of termination.

(c) ``Improved property'' defined

    The term ``improved property'', as used in this section, shall mean 
a detached, noncommercial residential dwelling, the construction of 
which was begun before January 1, 1967, or before January 1, 1985 for 
those lands referred to in section 460w(b) of this title (hereinafter 
referred to as ``dwelling''), together with so much of the land on which 
the dwelling is situated, the said land being in the same ownership as 
the dwelling, as the Secretary shall designate to be reasonably 
necessary for the enjoyment of the dwelling for the sole purpose of 
noncommercial residential use, together with any structures accessory to 
the dwelling which are situated on the land so designated.

(Pub. L. 91-424, Sec. 4, Sept. 26, 1970, 84 Stat. 880; Pub. L. 99-497, 
Sec. 1(3), Oct. 17, 1986, 100 Stat. 1267.)


                               Amendments

    1986--Subsec. (c). Pub. L. 99-497 inserted ``, or before January 1, 
1985 for those lands referred to in section 460w(b) of this title''.
