Title 16 — ConservationRelease 119-73not60

§541d Acquisition of Property Within the Scenic-research Area; Consent of Owner; Substantial Change in Use or Maintenance of Property

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

Last updated Apr 5, 2026|Official source

Summary

The Secretary can acquire land, water, or rights inside the Area by gift, purchase, trade, or other means. Except for the estuary and its wetlands, the Secretary may not take privately owned land without the owner’s OK so long as the owner uses and cares for it the same way it was used on June 1, 1974. If the land is about to be put to a different use, the Secretary may act without consent. The Secretary must publish rules within 180 days of December 22, 1974 to define a “substantial change.” In the estuary and wetlands the Secretary may acquire land without consent after a public hearing. Owners must give at least 30 days’ notice to the Secretary before any substantial change in use or maintenance, 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 5, 2026

Release point: 119-73not60