---
kind: "section"
citation: "16 U.S.C. § 460z–6"
title: "16"
title_heading: "Conservation"
number: "460z–6"
heading: "Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/460z-6"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LXXXIV — Oregon Dunes National Recreation Area"
---

# §460z–6. Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property

- (a) **Land acquisition—** Within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) lands, waters, and interests therein owned by or under the control of the [State](/usc/16/590q.md?p=a) of Oregon or any political [subdivision](/usc/16/539m–1.md?p=15) thereof may be acquired only by donation or exchange.
- (b) **Railway right-of-way—** No part of the Southern Pacific Railway right-of-way within the boundaries of the recreation [area](/usc/16/539m–1.md?p=1-A) may be acquired without the consent of the railway, so long as it is used for railway purposes: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may condemn such easements across said right-of-way as he deems necessary for ingress and egress.
- (c) **Retention rights of owners of improved property—** Any [person](/usc/16/450rr–1.md?p=b) owning an [improved property](/usc/16/251h.md?p=2), as hereafter defined, within the recreation [area](/usc/16/539m–1.md?p=1-A) may reserve for himself and his assigns, as a condition of the [acquisition](/usc/16/620e.md?p=1) of such property, a right of use and occupancy of the residence and not in excess of three acres of land on which such residence is situated. Such reservation shall be for a term ending at the death of the [owner](/usc/16/429b–3.md?p=4), or the death of his spouse, whichever occurs later, or, in lieu thereof, for a definite term not to exceed twenty-five years: Provided, That the [Secretary](/usc/16/410r–5.md?p=c-1) may exclude from such reserved property any lands or waters which he deems necessary for public use, access, or development. The [owner](/usc/16/429b–3.md?p=4) shall elect, at the time of conveyance, the term of the right to be reserved. Where any such [owner](/usc/16/429b–3.md?p=4) retains a right of use and occupancy as herein provided, such right may during its existence be conveyed or leased in whole, but not in part, for noncommercial residential purposes. 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 on the date of such [acquisition](/usc/16/620e.md?p=1) less the fair market value on such date of the right retained by the [owner](/usc/16/429b–3.md?p=4). At any time subsequent to the [acquisition](/usc/16/620e.md?p=1) of such property the [Secretary](/usc/16/410r–5.md?p=c-1) may, with the consent of the [owner](/usc/16/429b–3.md?p=4) of the retained right of use and occupancy, [acquire](/usc/16/620e.md?p=1) such right, in which event he shall pay to such [owner](/usc/16/429b–3.md?p=4) the fair market value of the remaining portion of such right.
- (d) **“Improved property” defined—** The term “[improved property](/usc/16/251h.md?p=2)” wherever used in this subchapter shall mean a detached one-family dwelling the construction of which was begun before December 31, 1970, together with any structures accessory to it and the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the [Secretary](/usc/16/410r–5.md?p=c-1) finds necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use.

## Source credit

(Pub. L. 92–260, § 8, Mar. 23, 1972, 86 Stat. 100.)