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

Summary

The Secretary may get lands, waters, or rights in the Area by donation, purchase, exchange, or other means. In every subarea except the estuary and associated wetlands, the Secretary cannot acquire land without the owner’s consent so long as the owner uses and maintains the land basically the same way it was used on June 1, 1974. The Secretary may, however, acquire land without consent if it is in imminent danger of being used or maintained differently than on June 1, 1974. The Secretary must publish guidelines within 180 days of December 22, 1974 that explain what counts as a substantial change. In the estuary and associated wetlands subarea, the Secretary may acquire land without the owner’s consent at any time, but only after a public hearing. Owners must give at least 30 days’ notice to the Secretary before making any substantial change in how non-federal land in the Area is used or maintained, following the Secretary’s guidelines.