§ 543b. — Acquisition of lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC543b]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER II--SCENIC AREAS
Sec. 543b. Acquisition of lands
(a) Authority of Secretary; exceptions
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) Guidelines; detrimental or incompatible use
(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) of this section. 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) of this section, 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) of this section.
(c) Preparation of environmental assessments
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.
(Pub. L. 98-425, title III, Sec. 303, Sept. 28, 1984, 98 Stat. 1633.)
Section Referred to in Other Sections
This section is referred to in section 543a of this title.
