---
kind: "section"
citation: "16 U.S.C. § 90b–2"
title: "16"
title_heading: "Conservation"
number: "90b–2"
heading: "Owner’s retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/90b-2"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter X — North Cascades National Park"
---

# §90b–2. Owner’s retention of right of use and occupancy for agricultural, residential, or commercial purposes for life or term of years; transfer or assignment of right; termination of use and occupancy for a contrary use and upon payment of sum for unexpired right


Any [owner](/usc/16/429b–3.md?p=4) of property acquired by the [Secretary](/usc/16/410r–5.md?p=c-1) which on the date of [acquisition](/usc/16/620e.md?p=1) is used for agricultural or single-family residential purposes, or for commercial purposes which he finds are compatible with the use and development of the [park](/usc/16/410r–5.md?p=c-3) or the recreation [areas](/usc/16/539m–1.md?p=1-A), may, as a condition of such [acquisition](/usc/16/620e.md?p=1), retain the right of use and occupancy of the property for the same purposes for which it was used on such date, for a period ending at the death of the [owner](/usc/16/429b–3.md?p=4) or the death of his spouse, whichever occurs later, or for a fixed term of not to exceed twenty-five years, whichever the [owner](/usc/16/429b–3.md?p=4) may elect. Any right so retained may during its existence be transferred or assigned. Any right so retained may be terminated by the [Secretary](/usc/16/410r–5.md?p=c-1) at any time after the date upon which any use of the property occurs which he finds is a use other than one which existed on the date of [acquisition](/usc/16/620e.md?p=1). In the event the [Secretary](/usc/16/410r–5.md?p=c-1) terminates a right of use and occupancy under this section, he shall pay to the [owner](/usc/16/429b–3.md?p=4) of the right the fair market value of the portion of said right which remains unexpired on the date of termination.


## Source credit

(Pub. L. 90–544, title III, § 303, Oct. 2, 1968, 82 Stat. 928.)