§ 541d. — Acquisition of property within the scenicresearch area; consent of owner; substantial change in use or maintenance of property.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC541d]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 541d. Acquisition of property within the scenic-research
area; consent of owner; substantial change in use or maintenance
of property
(a) Acquisition of lands, waters and interests by donation, purchase,
etc.
Subject to the provisions of subsection (b) of this section, the
Secretary is authorized to acquire lands, waters, or interests therein
within the Area by donation, purchase, exchange, or otherwise.
(b) Consent of owner for acquisition of lands in sub-areas; exceptions;
guidelines for determination of substantial change in land use
or maintenance
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) Substantial change in land use or maintenance; notice by owner;
time; manner
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.
(Pub. L. 93-535, Sec. 5, Dec. 22, 1974, 88 Stat. 1733.)
