Title 16 — ConservationRelease 119-73

§541d Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 541d

Last updated Apr 6, 2026|Official source

Summary

The Secretary may buy or otherwise obtain lands, waters, or rights in the Area. Except for the estuary and its wetlands, the Secretary must not take land or rights without the owner’s permission so long as the owner uses and maintains the land substantially the same way it was on June 1, 1974. If the land is in imminent danger of being used differently than it was on June 1, 1974, the Secretary may acquire it without permission. For the estuary and its wetlands, the Secretary may acquire land without the owner’s permission at any time, but only after a public hearing. Within 180 days of December 22, 1974, the Secretary must publish rules saying what counts as a substantial change in use or maintenance for land not owned by the federal government. Owners of such land must give at least 30 days’ notice to the Secretary before making any substantial change, following those rules.

Full Legal Text

Title 16, §541d

Conservation — Source: USLM XML via OLRC

(a)Subject to the provisions of subsection (b) of this subsection,11 So in original. Probably should be “section,”. the Secretary is authorized to acquire lands, waters, or interests therein within the Area by donation, purchase, exchange, or otherwise.

(b)Within all subareas of the Area except the estuary and associated wetlands subarea, the Secretary may not acquire any land or interest in land without the consent of the owner or owners so long as the owner or owners use such land for substantially the same purposes and in the same manner as it was used and maintained on June 1, 1974: Provided, however, That the Secretary may acquire any land or interest in land without the consent of the owner or owners when such land is in imminent danger of being used for different purposes or in a different manner from the use or uses existing on June 1, 1974. The Secretary shall publish, within one hundred and eighty days of December 22, 1974, guidelines which shall be used by him to determine what constitutes a substantial change in land use or maintenance for the non-federally-owned lands within the Area. Within the estuary and associated wetlands subarea the Secretary may acquire any land or interest in land without the consent of the owner or owners at any time, after public hearing.

(c)At least thirty days prior to any substantial change in the use or maintenance of any non-federally-owned land within the Area, the owner or owners of such land shall provide notice of such proposed change to the Secretary or his designee, in accordance with such guidelines as the Secretary may establish.

Reference

Citations & Metadata

Citation

16 U.S.C. § 541d

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73