Collapse to view only § 460z-8. Mining restriction

§ 460z. Establishment

In order to provide for the public outdoor recreation use and enjoyment of certain ocean shorelines and dunes, forested areas, fresh water lakes, and recreational facilities in the State of Oregon by present and future generations and the conservation of scenic, scientific, historic, and other values contributing to public enjoyment of such lands and waters, there is hereby established, subject to valid existing rights, the Oregon Dunes National Recreation Area (hereinafter referred to as the “recreation area”).

(Pub. L. 92–260, § 1, Mar. 23, 1972, 86 Stat. 99.)
§ 460z–1. Administration, protection, and development

The administration, protection, and development of the recreation area shall be by the Secretary of Agriculture (hereinafter called the “Secretary”) in accordance with the laws, rules, and regulations applicable to national forests, in such manner as in his judgment will best contribute the attainment of the purposes set forth in section 460z of this title.

(Pub. L. 92–260, § 2, Mar. 23, 1972, 86 Stat. 99.)
§ 460z–2. Inland sector; establishment as buffer sector

The portion of the recreation area delineated as the “Inland Sector” on the map referenced in section 460z–3 of this title is hereby established as an inland buffer sector in order to promote such management and use of the lands, waters, and other properties within such sector as will best protect the values which contribute to the purposes set forth in section 460z of this title.

(Pub. L. 92–260, § 3, Mar. 23, 1972, 86 Stat. 99.)
§ 460z–3. Boundary map; revision

The boundaries of the recreation area, as well as the boundaries of the inland sector included therein, shall be as shown on a map entitled “Proposed Oregon Dunes National Recreation Area” dated May 1971, which is on file and available for public inspection in the Office of the Chief, Forest Service, Department of Agriculture, and to which is attached and hereby made a part thereof a detailed description by metes and bounds of the exterior boundaries of the recreation area and of the inland sector. The Secretary may by publication of a revised map or description in the Federal Register correct clerical or typographical errors in said map or descriptions.

(Pub. L. 92–260, § 4, Mar. 23, 1972, 86 Stat. 99.)
§ 460z–4. Transfer of Federal property

Notwithstanding any other provision of law, any Federal property located within the boundaries of the recreation area is hereby transferred without consideration to the administrative jurisdiction of the Secretary for use by him in implementing the purposes of this subchapter, but lands presently administered by the United States Coast Guard or the United States Corps of Engineers may continue to be used by such agencies to the extent required.

(Pub. L. 92–260, § 5, Mar. 23, 1972, 86 Stat. 99.)
§ 460z–5. Land acquisition in inland sector
Within the inland sector established by section 460z–2 of this title the Secretary may acquire the following classes of property only with the consent of the owner:
(a) improved property as hereinafter defined;
(b) property used for commercial or industrial purposes if such commercial or industrial purposes are the same such purposes for which the property was being used on December 31, 1970, or such commercial or industrial purposes have been certified by the Secretary or his designee as compatible with or furthering the purposes of this subchapter;
(c) timberlands under sustained yield management so long as the Secretary determines that such management is being conducted in accordance with standards for timber production, including but not limited to harvesting reforestation, and debris cleanup, not less stringent than management standards imposed by the Secretary on comparable national forest lands: Provided, That the Secretary may acquire such lands or interests therein without the consent of the owner if he determines that such lands or interests are essential for recreation use or for access to or protection of recreation developments within the purposes of this subchapter. In any acquisition of such lands or interests the Secretary shall, to the extent practicable, minimize the impact of such acquisition on access to or the reasonable economic use for sustained yield forestry of adjoining lands not acquired; and
(d) property used on December 31, 1970, primarily for private, noncommercial recreational purposes if any improvements made to such property after said date are certified by the Secretary of Agriculture or his designee as compatible with the purposes of this subchapter.
(Pub. L. 92–260, § 7, Mar. 23, 1972, 86 Stat. 100.)
§ 460z–6. Land acquisition in recreation area; donation and exchange; railway right-of-way; retention rights of owners of improved property
(a) Land acquisition
(b) Railway right-of-way
(c) Retention rights of owners of improved property
(d) “Improved property” defined
(Pub. L. 92–260, § 8, Mar. 23, 1972, 86 Stat. 100.)
§ 460z–7. Hunting, fishing, and trapping

The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the recreation area in accordance with applicable laws of the United States and the State of Oregon, except that the Secretary may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, or public use and enjoyment. Except in emergencies, any regulation of the Secretary pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department.

(Pub. L. 92–260, § 9, Mar. 23, 1972, 86 Stat. 101.)
§ 460z–8. Mining restriction

The lands within the recreation area, subject to valid existing rights, are hereby withdrawn from location, entry, and patent under the United States mining laws and from disposition under all laws pertaining to mineral leasing and all amendments thereto.

(Pub. L. 92–260, § 10, Mar. 23, 1972, 86 Stat. 101.)
§ 460z–9. Water utilization; transportation of wastes; easements
(a) Water utilization
(b) Transportation and storage of wastes
(c) Easements and rights for the disposal of wastes
(Pub. L. 92–260, § 11, Mar. 23, 1972, 86 Stat. 101.)
§ 460z–10. Advisory Council
(a) Establishment; membership
(i) a member to represent each county in which a portion of the recreation area is located, each such appointee to be designated by the respective governing body of the county involved;
(ii) a member appointed to represent the State of Oregon, who shall be designated by the Governor of Oregon;
(iii) not to exceed eleven members appointed by the Secretary from among persons who, individually or through association with national or local organizations, have an interest in the administration of the recreation area; and
(iv) the Secretary shall designate one member to be Chairman and shall fill vacancies in the same manner as the original appointment.
(b) Private viewpoints
(c) Payment of expenses
(Pub. L. 92–260, § 12, Mar. 23, 1972, 86 Stat. 102.)
§ 460z–11. Area review; report to the President; wilderness designation

Within three years from March 23, 1972, the Secretary shall review the area within the boundaries of the recreation area and shall report to the President, in accordance with section 1132(b) and (d) of this title, his recommendation as to the suitability or nonsuitability of any area within the recreation area for preservation as a wilderness, and any designation of any such area as a wilderness shall be accomplished in accordance with section 1132(b) and (d) of this title.

(Pub. L. 92–260, § 13, Mar. 23, 1972, 86 Stat. 102.)
§ 460z–12. Federal-State cooperation

The Secretary shall cooperate with the State of Oregon or any political subdivision thereof in the administration of the recreation area and in the administration and protection of lands within or adjacent to the recreation area owned or controlled by the State or political subdivision there. Nothing in this subchapter shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the recreation area consistent with this subchapter, or of its right to tax persons, corporations, franchises, or other non-Federal property, including mineral or other interests, in or on lands or waters within the recreation area.

(Pub. L. 92–260, § 14, Mar. 23, 1972, 86 Stat. 102.)
§ 460z–13. Authorization of appropriations

There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000. For development of the recreation area, not more than $12,700,000 is authorized to be appropriated.

(Pub. L. 92–260, § 15, Mar. 23, 1972, 86 Stat. 102; Pub. L. 94–578, title III, § 316, Oct. 21, 1976, 90 Stat. 2737.)