Page:United States Statutes at Large Volume 96 Part 2.djvu/359

 PUBLIC LAW 97-361—OCT. 22, 1982

96 STAT. 1721

used, that the Secretary many terminate such right. In the event the Secretary exercises his power of termination under this subsection he shall pay to the owner 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)(1) Any owner or occupier of improved property who retains a right of use and occupancy under subsection (b) may convey or lease such right during its existence to a member of such owner or occupier's immediate family for noncommercial residential purposes which are not incompatible with the purposes of this Act and which do not impair the usefulness and attractiveness of the area designated for inclusion. "(2) Any owner or occupier of improved property who has retained a right of use and occupancy under subsection (b) may terminate such right at any time, and the Secretary shall pay, within 120 days after the date of such termination, to the owner 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 Act, the term 'member of the immediate family' means spouse, brother, sister, or child, including persons bearing such relationships through adoption, and step-child.". SEC. 2. Section 11 of the Act amended by the first section of this Act is amended to read as follows: "SEC. 11. (a) As used in this Act, the term 'improved property' means a detached, one-family dwelling, construction of which— "(1) was begun before December 31, 1964, or "(2) for the purposes of section 10(b) or 10(d), was begun on or after December 31, 1964, and before October 21, 1970, and has been openly and continuously used, at least during the summer months of each year when similar dwellings in the area are used, as a residential dwelling since such construction was completed, and with respect to the portion of such period after any acquisition of such property by the United States, by the owner, or a member of the immediate family of the owner, of such dwelling on the date of such acquisition, together with so much of the land on which the dwelling is situated, such 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 lands so designated. The amount of land so designated shall in every case be at least three acres in area, or all of such lesser acreage as may be held in the same ownership as the dwelling, and in making such designation the Secretary shall take into account the manner of noncommercial residential use in which the dwelling and land have customarily been enjoyed. "(b) The Secretary may exclude from the land designated under subsection (a) any beach or waters on Lake Michigan, together with so much of the land adjoining any such beach or waters as the Secretary may deem necessary for public access thereto. If the Secretary makes such exclusion, an appropriate buffer zone shall be provided between any residence and the public access or beach. "(c)(1) The Secretary may exclude from the category of 'improved property' under this Act any property described in subsection (a)(2) which the Secretary determines is in an area required for public use or development in the immediate future. In making any such determination the Secretary shall take into account the proximity of such

Right of use and occupancy.

Termination.

"Member of the immediate family."

"Improved property." 16 USC 460X-10. Ante, p. 1720.

Beach or watesrs, exclusion.

Improved property, exclusion.

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