16 U.S.C. § 543b — Acquisition of lands

(a) Authority of Secretary; exceptions. The Secretary may acquire all land and interests in land within the Scenic Area’s boundary by donation, by exchange under sections 543 through 543h of this title or other law, or by purchase with donated or appropriated money. (1) Land or interests owned by California or one of its political subdivisions, including the city of Los Angeles, may be acquired only by donation or exchange. (2) Land or interests not owned by California or one of its political subdivisions, including the city of Los Angeles, may be acquired only with the owner’s consent. The exception is that the Secretary may acquire it without that consent if, after giving the owner written notice and an opportunity to comment, the Secretary decides that the property is being developed or proposed to be developed in a way that harms the Scenic Area’s integrity or is otherwise incompatible with sections 543 through 543h. (b) Guidelines; detrimental or incompatible use. (1) No later than six months after September 28, 1984, the Secretary must publish specific guidelines for making decisions under subsection (a)(2). Under those guidelines, a use that existed in the area before June 1, 1984, must not be treated as a detrimental or incompatible use under subsection (a)(2). (2) For subsection (a)(2), the Secretary must consider development or proposed development of private property within the Scenic Area that is significantly different from, or a significant expansion of, the development that existed on June 1, 1984, to be detrimental to the Scenic Area’s integrity. Rebuilding or expanding a private or commercial building must not be treated as detrimental to the Scenic Area’s integrity or as incompatible development under subsection (a)(2) if it involves (A) rebuilding an existing building; (B) attached structural additions no larger than 100 percent of the original building’s square footage; or (C) reasonable supporting development, such as roads, parking, and water and sewage systems. (c) Preparation of environmental assessments. Despite any other law, the Secretary is required to prepare an environmental assessment only for an exchange of a mineral or geothermal interest that sections 543 through 543h of this title authorize.