---
kind: "section"
citation: "16 U.S.C. § 541d"
title: "16"
title_heading: "Conservation"
number: "541d"
heading: "Acquisition of property within the scenic-research area; consent of owner; substantial change in use or maintenance of property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/541d"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter II — Scenic Areas"
---

# §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)](#b) of this subsection,[^1] the [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) lands, waters, or interests therein within the [Area](/usc/16/539m–1.md?p=1-A) 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](/usc/16/539m–1.md?p=1-A) except the estuary and associated wetlands subarea, the [Secretary](/usc/16/410r–5.md?p=c-1) may not [acquire](/usc/16/620e.md?p=1) any land or interest in land without the consent of the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) so long as the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) 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](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) any land or interest in land without the consent of the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) 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](/usc/16/410r–5.md?p=c-1) 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](/usc/16/539m–1.md?p=1-A). Within the estuary and associated wetlands subarea the [Secretary](/usc/16/410r–5.md?p=c-1) may [acquire](/usc/16/620e.md?p=1) any land or interest in land without the consent of the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) 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](/usc/16/539m–1.md?p=1-A), the [owner](/usc/16/429b–3.md?p=4) or [owners](/usc/16/429b–3.md?p=4) of such land shall provide notice of such proposed change to the [Secretary](/usc/16/410r–5.md?p=c-1) or his designee, in accordance with such guidelines as the [Secretary](/usc/16/410r–5.md?p=c-1) may establish.

## Footnotes

[^1]: So in original. Probably should be “section,”.

## Source credit

(Pub. L. 93–535, § 5, Dec. 22, 1974, 88 Stat. 1733.)