Title 16 — Conservation
Chapter 2 — National Forests
§ 541d. Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property
Statutory text
Acquisition of lands, waters and interests by donation, purchase, etc.
Subject to the provisions of subsection (b) of this subsection,1 the Secretary is authorized to acquire lands, waters, or interests therein within the Area by donation, purchase, exchange, or otherwise.
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 : 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 . The Secretary shall publish, within one hundred and eighty days of , 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.
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.
Footnotes
- 1 So in original. Probably should be “section,”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–535 § 5 · 88 Stat. 1732
Enacted · 16 U.S.C. § 541d
(Pub. L. 93–535, § 5, Dec. 22, 1974, 88 Stat. 1733.)
Source evidence
Code source credit
(Pub. L. 93–535, § 5, Dec. 22, 1974, 88 Stat. 1733.)Enacted provision · exact public law section
Sec. 5. (a) Subject to the provisions of subsection (b) of this subsection, Lands and waters, acquisition. 16 USC 541d. 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 Guidelines, publication. the enactment of this Act, 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 Hearing. 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 Notice of proposed change. 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.
1 of 1 references resolved to an enrolled provision