Title 16 — ConservationRelease 119-73

§543b Acquisition of lands

Title 16 › Chapter CHAPTER 2— - NATIONAL FORESTS › Subchapter SUBCHAPTER II— - SCENIC AREAS › § 543b

Last updated Apr 6, 2026|Official source

Summary

The Secretary may get land inside the Scenic Area by donation, swap, or purchase using donated or approved funds. State-owned land (including the city of Los Angeles) can only be taken by donation or swap. Private land can only be acquired with the owner’s permission unless the Secretary gives written notice, lets the owner comment, and then finds the property is being built or planned in a way that harms the Scenic Area or conflicts with its purposes. Within six months after September 28, 1984, the Secretary must publish rules for those findings. Any use that existed before June 1, 1984 cannot be labeled harmful. New development that is very different from or much larger than what was there on June 1, 1984 will be treated as harmful. Rebuilding, attached additions up to 100 percent of the original building, and reasonable support work (roads, parking, water and sewage) are not to be treated as harmful or incompatible. For exchanges of mineral or geothermal interests, the Secretary only needs to prepare an environmental assessment.

Full Legal Text

Title 16, §543b

Conservation — Source: USLM XML via OLRC

(a)The Secretary is authorized to acquire all lands and interests therein within the boundary of the Scenic Area by donation, exchange in accordance with sections 543 to 543h of this title or other provisions of law, or purchase with donated or appropriated funds, except that—

(1)any lands or interests therein within the boundary of the Scenic Area which are owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only by donation or exchange; and

(2)lands or interests therein within the boundary of the Scenic Area which are not owned by the State of California or any political subdivision thereof (including the city of Los Angeles) may be acquired only with the consent of the owner thereof unless the Secretary determines, after written notice to the owner and after opportunity for comment, that the property is being developed, or proposed to be developed, in a manner which is detrimental to the integrity of the Scenic Area or which is otherwise incompatible with the purposes of sections 543 to 543h of this title.

(b)(1)Not later than six months after September 28, 1984, the Secretary shall publish specific guidelines under which determinations shall be made under paragraph (2) of subsection (a). No use which existed prior to June 1, 1984, within the area included in the Scenic Area shall be treated under such guidelines as a detrimental or incompatible use within the meaning of such paragraph (2).

(2)For purposes of subsection (a)(2), any development or proposed development of private property within the boundary of the Scenic Area that is significantly different from, or a significant expansion of, development existing as of June 1, 1984, shall be considered by the Secretary as detrimental to the integrity of the Scenic Area. No reconstruction or expansion of a private or commercial building, including—

(A)reconstruction of an existing building,

(B)construction of attached structural additions, not to exceed 100 per centum of the square footage of the original building, and

(C)construction of reasonable support development such as roads, parking, water and sewage systems shall be treated as detrimental to the integrity of the Scenic Area or as an incompatible development within the meaning of paragraph (2) of subsection (a).

(c)Notwithstanding any other provision of law, the Secretary shall only be required to prepare an environmental assessment of any exchange of mineral or geothermal interest authorized by sections 543 to 543h of this title.

Reference

Citations & Metadata

Citation

16 U.S.C. § 543b

Title 16 — Conservation

Last Updated

Apr 6, 2026

Release point: 119-73