---
kind: "section"
citation: "16 U.S.C. § 460x–9"
title: "16"
title_heading: "Conservation"
number: "460x–9"
heading: "Right of retention of residential use in improved lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460x-9"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXXII — Sleeping Bear Dunes National Lakeshore"
---

# §460x–9. Right of retention of residential use in improved lands

- (a) **Limited term; conforming use; payment for right; sale or lease of right—** Any [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) situated within the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion in the lakeshore on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1) may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain, for a term of not to exceed twenty-five years, or for a term ending at the death of such [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4), the right of use and occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter, or which does not impair the usefulness and attractiveness of the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion. The [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the value of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). Where any such [owner](/usc/16/429b–3.md?p=4) retains a right of use and occupancy as herein provided, such right during its existence may be conveyed or leased for noncommercial residential purposes in accordance with the provisions of this section.
- (b) **Option to retain use of land; notice to Secretary; payment—** Any [person](/usc/16/450rr–1.md?p=b) who is—
  - (1) an [owner](/usc/16/429b–3.md?p=4) of [improved property](/usc/16/251h.md?p=2) described in [section 460x–10(a)(2) of this title](/usc/16/460x–10.md?p=a-2) which is situated within the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion in the lakeshore on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1); or
  - (2) an occupier of [improved property](/usc/16/251h.md?p=2) described in [section 460x–10(a)(2) of this title](/usc/16/460x–10.md?p=a-2) which is situated within the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion in the lakeshore on the date of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1), in situations where the fee ownership of such [improved property](/usc/16/251h.md?p=2) has been heretofore acquired by the United States (whether by donation, purchase, condemnation, exchange or otherwise);

  may retain, for a term not to exceed twenty-five years from January 1, 1973, or for a term ending on the death of such [owner](/usc/16/429b–3.md?p=4) or occupier, the right of use or occupancy of such property for any residential purpose which is not incompatible with the purposes of this subchapter or which does not impair the usefulness and attractiveness of the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion. Such [owner](/usc/16/429b–3.md?p=4) or occupier must notify the [Secretary](/usc/16/410r–5.md?p=c-1) of any intention to exercise such option within 60 days after receipt of the notice referred to in [section 460x–10(c)(3) of this title](/usc/16/460x–10.md?p=c-3). In situations where the United States has not heretofore acquired fee title to the [improved property](/usc/16/251h.md?p=2), the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay to the [owner](/usc/16/429b–3.md?p=4) the value of the property on the date of such [acquisition](/usc/16/620e.md?p=1), less the value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). In situations where the United States has heretofore acquired fee title to the [improved property](/usc/16/251h.md?p=2), the occupier may notify the [Secretary](/usc/16/410r–5.md?p=c-1) that such occupier elects to retain continued use and occupancy of such property pursuant to this section, in which event the occupier shall pay to the [Secretary](/usc/16/410r–5.md?p=c-1) the value of the additional right retained, which value shall be based upon the value of the property at the time of its [acquisition](/usc/16/620e.md?p=1) by the [Secretary](/usc/16/410r–5.md?p=c-1).

- (c) **Limitation on use in instrument evidencing right; Secretary’s power of termination of right—** Any deed or other instrument used to transfer title to property, with respect to which a right of use and occupancy is retained under this section, and any instrument evidencing any right of use and occupancy retained by any occupier under this section, shall provide that such property shall not be used for any purpose which is incompatible with purposes of this subchapter, or which impairs the usefulness and attractiveness of such [area](/usc/16/539m–1.md?p=1-A), and if it should be so used, that the [Secretary](/usc/16/410r–5.md?p=c-1) many[^1] terminate such right. In the event the [Secretary](/usc/16/410r–5.md?p=c-1) exercises his power of termination under this subsection he shall pay to the [owner](/usc/16/429b–3.md?p=4) of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.
- (d) **Transfer of right to member of immediate family; owner option to terminate; payment by Secretary; “member of the immediate family” defined—**
  - (1) Any [owner](/usc/16/429b–3.md?p=4) or occupier of [improved property](/usc/16/251h.md?p=2) who retains a right of use and occupancy under [subsection (b)](#b) may convey or lease such right during its existence to a member of such [owner](/usc/16/429b–3.md?p=4) or occupier’s immediate family for noncommercial residential purposes which are not incompatible with the purposes of this subchapter and which do not impair the usefulness and attractiveness of the [area](/usc/16/539m–1.md?p=1-A) designated for inclusion.
  - (2) Any [owner](/usc/16/429b–3.md?p=4) or occupier of [improved property](/usc/16/251h.md?p=2) who has retained a right of use and occupancy under [subsection (b)](#b) may terminate such right at any time, and the [Secretary](/usc/16/410r–5.md?p=c-1) shall pay, within 120 days after the date of such termination, to the [owner](/usc/16/429b–3.md?p=4) of the right terminated an amount equal to the value of that portion of such right which remained unexpired on the date of such termination.
  - (3) As used in this subchapter, the term “member of the immediate family” means spouse, brother, sister, or child, including [persons](/usc/16/450rr–1.md?p=b) bearing such relationships through adoption, and step-child.

## Footnotes

[^1]: So in original. Probably should be “may”.

## Source credit

(Pub. L. 91–479, § 10, Oct. 21, 1970, 84 Stat. 1079; Pub. L. 97–361, § 1, Oct. 22, 1982, 96 Stat. 1720.)

## Notes

### Editorial Notes

### Amendments

1982—Subsec. (b). Pub. L. 97–361 substituted provisions granting owners and occupiers of improved lakeshore property described in section 460x–10 of this title the right of retention of a compatible residential use for a limited term upon notification of the Secretary and payment for the right retained for former provisions which were redesignated as subsec. (c) and amended.

Subsec. (c). Pub. L. 97–361 redesignated subsec. (b) as (c), and amended it to apply expressly to any instrument evidencing any right of use and occupancy retained by any occupier under this section.

Subsec. (d). Pub. L. 97–361 added subsec. (d).