---
kind: "section"
citation: "16 U.S.C. § 543b"
title: "16"
title_heading: "Conservation"
number: "543b"
heading: "Acquisition of lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/543b"
units:
  - "Chapter 2 — National Forests"
  - "Subchapter II — Scenic Areas"
---

# §543b. Acquisition of lands

- (a) **Authority of Secretary; exceptions—** The [Secretary](/usc/16/410r–5.md?p=c-1) is authorized to [acquire](/usc/16/620e.md?p=1) all lands and interests therein within the boundary of the [Scenic Area](/usc/16/544.md?p=o) by donation, exchange in accordance with sections [543](/usc/16/543.md) to [543h](/usc/16/543h.md) 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](/usc/16/544.md?p=o) which are owned by the [State](/usc/16/590q.md?p=a) of California or any political [subdivision](/usc/16/539m–1.md?p=15) 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](/usc/16/544.md?p=o) which are not owned by the [State](/usc/16/590q.md?p=a) of California or any political [subdivision](/usc/16/539m–1.md?p=15) thereof (including the city of Los Angeles) may be acquired only with the consent of the [owner](/usc/16/429b–3.md?p=4) thereof unless the [Secretary](/usc/16/410r–5.md?p=c-1) determines, after written notice to the [owner](/usc/16/429b–3.md?p=4) 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](/usc/16/544.md?p=o) or which is otherwise incompatible with the purposes of sections [543](/usc/16/543.md) to [543h](/usc/16/543h.md) of this title.
- (b) **Guidelines; detrimental or incompatible use—**
  - (1) Not later than six months after September 28, 1984, the [Secretary](/usc/16/410r–5.md?p=c-1) shall publish specific guidelines under which determinations shall be made under [paragraph (2)](#a-2) of subsection (a). No use which existed prior to June 1, 1984, within the [area](/usc/16/539m–1.md?p=1-A) included in the [Scenic Area](/usc/16/544.md?p=o) shall be treated under such guidelines as a detrimental or incompatible use within the meaning of such [paragraph (2)](#b-2).
  - (2) For purposes of [subsection (a)(2)](#a-2), any development or proposed development of private property within the boundary of the [Scenic Area](/usc/16/544.md?p=o) that is significantly different from, or a significant expansion of, development existing as of June 1, 1984, shall be considered by the [Secretary](/usc/16/410r–5.md?p=c-1) as detrimental to the integrity of the [Scenic Area](/usc/16/544.md?p=o). No reconstruction or expansion of a private or commercial building, including—
    - (A) reconstruction of an existing building,
    - (B) construction of attached structural [additions](/usc/16/410r–5.md?p=c-2), 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](/usc/16/544.md?p=o) or as an incompatible development within the meaning of [paragraph (2)](#a-2) of subsection (a).
- (c) **Preparation of environmental assessments—** Notwithstanding any other provision of law, the [Secretary](/usc/16/410r–5.md?p=c-1) shall only be required to prepare an environmental assessment of any exchange of mineral or geothermal interest authorized by sections [543](/usc/16/543.md) to [543h](/usc/16/543h.md) of this title.

## Source credit

(Pub. L. 98–425, title III, § 303, Sept. 28, 1984, 98 Stat. 1633.)