---
kind: "section"
citation: "16 U.S.C. § 230b"
title: "16"
title_heading: "Conservation"
number: "230b"
heading: "Owner’s retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; “improved property” defined"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/230b"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter XXV — Jean Lafitte National Historical Park and Preserve"
  - "Part A — Generally"
---

# §230b. Owner’s retention of right of use and occupancy for residential purposes for life or fixed term of years; election of term; fair market value; transfer, assignment or termination; “improved property” defined


Within the Barataria [Preserve](/usc/16/698u–1.md?p=2) [Unit](/usc/16/430f–7.md?p=4), the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) used for noncommercial residential purposes on a year-round basis may, as a condition of the [acquisition](/usc/16/620e.md?p=1) of such property by the [Secretary](/usc/16/410r–5.md?p=c-1), elect to retain a right of use and occupancy of such property for noncommercial residential purposes if, in the judgment of the [Secretary](/usc/16/410r–5.md?p=c-1), the continued use of such property for a limited period would not unduly interfere with the development or management of the [park](/usc/16/410r–5.md?p=c-3). Such right of use and occupancy may be either a period ending on the death of the [owner](/usc/16/429b–3.md?p=4) or his spouse, whichever occurs last, or a term of not more than twenty-five years, at the election of the [owner](/usc/16/429b–3.md?p=4). Unless the property is donated, the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the fair market value of the property less the fair market value of the right retained by the [owner](/usc/16/429b–3.md?p=4). Such right may be transferred or assigned and may be terminated by the [Secretary](/usc/16/410r–5.md?p=c-1), if he finds that the property is not used for noncommercial residential purposes, upon tender to the holder of the right an amount equal to the fair market value of the unexpired term. As used in this section, the term “[improved property](/usc/16/251h.md?p=2)” means a single-family, year-round dwelling, the construction of which was begun before January 1, 1977 (or January 1, 2007, for [areas](/usc/16/539m–1.md?p=1-A) added to the [park](/usc/16/410r–5.md?p=c-3) after that date), which serves as the [owner](/usc/16/429b–3.md?p=4)’s permanent place of abode at the time of its [acquisition](/usc/16/620e.md?p=1) by the United States, together with not more than three acres of land on which the dwelling and appurtenant buildings are located which the [Secretary](/usc/16/410r–5.md?p=c-1) finds is reasonably necessary for the [owner](/usc/16/429b–3.md?p=4)’s continued use and occupancy of the dwelling.


## Source credit

(Pub. L. 95–625, title IX, § 903, Nov. 10, 1978, 92 Stat. 3536; Pub. L. 111–11, title VII, § 7105(c), (f)(2)(A), Mar. 30, 2009, 123 Stat. 1192, 1193.)

## Notes

### Editorial Notes

### Amendments

2009—Pub. L. 111–11 substituted “Barataria Preserve Unit” for “Barataria Marsh Unit” in first sentence and inserted “(or January 1, 2007, for areas added to the park after that date)” after “January 1, 1977” in fifth sentence.

### Statutory Notes and Related Subsidiaries

### “Secretary” Defined

Secretary means the Secretary of the Interior, see section 2 of Pub. L. 95–625, set out as a note under section 45f of this title.