16 U.S.C. § 460z — Establishment

Page 689 TITLE 16—CONSERVATION § 460z 1 See References in Text note below. Township 4 south, range 1 west, all sections in township. Township 4 south, range 1 east; section 4, south half; south half northeast quarter and south half northwest quarter; sections 5 through 9; 15 through 23; section 24, west half; section 25, west half; sections 26 through 35; section 36, lots 3 through 5 and 8 through 11 and southeast quar- ter. Township 4 south, range 2 east, section 31, west half southeast quarter and southwest quar- ter. Township 3 south, range 2 west, section 12, southeast quarter southeast quarter; sections 13 through 16 and 22 through 25. Township 3 south, range 1 west, section 9, southwest quarter southwest quarter; section 12, south half southeast quarter and south half southwest quarter; sections 13 through 36. Township 3 south, range 1 east, section 18, lots 1 through 4; section 19, lots 1 and 2, southwest quarter and west half southeast quarter; section 29, southwest quarter northwest quarter and west half southwest quarter; sections 30 and 31; section 32, west half. Township 2 south, range 2 west, section 31, north half of lot 2 of the southwest quarter (43.40 acres of public land withdrawn by Executive Order 5237 of December 10, 1929); and 22.8 acres of acquired fee lands described by metes and bounds in section 31, township 2 south, range 2 west, and section 36, township 2 south, range 3 west; and 31.27 acres of acquired easements de- scribed by metes and bounds across certain sec- tions in township 2 south, ranges 2 and 3 west. (b) Acquisition of adjacent lands; limitations In addition to the lands described in sub- section (a) of this section, the Secretary is au- thorized to acquire such land outside the area but in close proximity thereto as is necessary to facilitate sound management. Acquisition here- under shall, however, not exceed three hundred and twenty acres and shall be limited to such purposes as headquarters facility requirements, ingress and egress routes and, where necessary, to straighten boundaries or round out acquisi- tions. (c) Additions In addition to the lands described in sub- section (a) of this section, the land identified as the Punta Gorda Addition and the Southern Ad- ditions on the map entitled ‘‘King Range Na- tional Conservation Area Boundary Map No. 2’’, dated July 29, 1975, is included in the survey and investigation area referred to in section 460y of this title. (d) Further additions In addition to the land described in sub- sections (a) and (c), the land identified as the King Range National Conservation Area Addi- tions on the map entitled ‘‘King Range Wilder- ness’’ and dated November 12, 2004, is included in the Area. (Pub. L. 91–476, § 9, Oct. 21, 1970, 84 Stat. 1070; Pub. L. 94–579, title VI, § 602, Oct. 21, 1976, 90 Stat. 2784; Pub. L. 109–362, § 8, Oct. 17, 2006, 120 Stat. 2071.) Editorial Notes AMENDMENTS 2006—Subsec. (d). Pub. L. 109–362 added subsec. (d). 1976—Subsec. (c). Pub. L. 94–579 added subsec. (c). Statutory Notes and Related Subsidiaries SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands. § 460y–9. Authorization of appropriations (a) There are authorized to be appropriated such sums as may be necessary to accomplish the purposes of this subchapter, but not to ex- ceed $1,500,000 for the purchase of lands and in- terests in lands and not to exceed $3,500,000 for the construction and improvements. (b) In addition to any amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated for fiscal years be- ginning on or after October 1, 1979, for the acqui- sition of lands and interests in lands under this subchapter— (1) from the Land and Water Conservation Fund (established under the Land and Water Conservation Fund Act of 1965) 1 not to exceed $5,000,000, and (2) from any other sources an amount not to exceed the sum of (A) $5,000,000, and (B) an amount equal to the amount deposited in the Treasury under section 460y–4(3)(B) of this title after August 20, 1978, such sums to remain available until expended. (Pub. L. 91–476, § 10, Oct. 21, 1970, 84 Stat. 1071; Pub. L. 95–352, § 2(2), (3), Aug. 20, 1978, 92 Stat. 516.) Editorial Notes REFERENCES IN TEXT The Land and Water Conservation Fund Act of 1965, referred to in subsec. (b)(1), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897, which was classified principally to part B (§ 460l–4 et seq.) of subchapter LXIX of this chap- ter. Sections 2, 3, 4(i)(1)(C), (j) to (n), 5 to 10, and 201 of the Act were repealed and restated as sections 100506(c) and 100904 and chapter 2003 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. For complete classi- fication of this Act to the Code, see Tables. For disposi- tion of former sections of this title, see Disposition Table preceding section 100101 of Title 54. AMENDMENTS 1978—Pub. L. 95–352 designated existing provisions as subsec. (a) and added subsec. (b). SUBCHAPTER LXXXIV—OREGON DUNES NATIONAL RECREATION AREA § 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 Page 690 TITLE 16—CONSERVATION § 460z–1 the conservation of scenic, scientific, historic, and other values contributing to public enjoy- ment of such lands and waters, there is hereby established, subject to valid existing rights, the Oregon Dunes National Recreation Area (herein- after referred to as the ‘‘recreation area’’). (Pub. L. 92–260, § 1, Mar. 23, 1972, 86 Stat. 99.) § 460z–1. Administration, protection, and devel- opment The administration, protection, and develop- ment of the recreation area shall be by the Sec- retary 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 con- tribute 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 avail- able for public inspection in the Office of the Chief, Forest Service, Department of Agri- culture, 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.) Statutory Notes and Related Subsidiaries SIUSLAW NATIONAL FOREST The boundaries of the Siuslaw National Forest were extended by section 6 of Pub. L. 92–260 to include all lands described in accordance with this section. See note set out under sections 486a to 486w of this title. § 460z–4. Transfer of Federal property Notwithstanding any other provision of law, any Federal property located within the bound- aries of the recreation area is hereby transferred without consideration to the administrative ju- risdiction of the Secretary for use by him in im- plementing 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.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 460z–5. Land acquisition in inland sector Within the inland sector established by sec- tion 460z–2 of this title the Secretary may ac- quire the following classes of property only with the consent of the owner: (a) improved property as hereinafter defined; (b) property used for commercial or indus- trial 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 pur- poses have been certified by the Secretary or his designee as compatible with or furthering the purposes of this subchapter; (c) timberlands under sustained yield man- agement so long as the Secretary determines that such management is being conducted in accordance with standards for timber produc- tion, including but not limited to harvesting reforestation, and debris cleanup, not less stringent than management standards im- posed by the Secretary on comparable na- tional forest lands: Provided, That the Sec- retary may acquire such lands or interests therein without the consent of the owner if he determines that such lands or interests are es- sential for recreation use or for access to or protection of recreation developments within the purposes of this subchapter. In any acqui- sition 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, pri- marily for private, noncommercial rec- reational purposes if any improvements made to such property after said date are certified by the Secretary of Agriculture or his des- ignee 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; do- nation and exchange; railway right-of-way; retention rights of owners of improved prop- erty (a) Land acquisition Within the boundaries of the recreation area lands, waters, and interests therein owned by or under the control of the State of Oregon or any political subdivision thereof may be acquired only by donation or exchange. (b) Railway right-of-way No part of the Southern Pacific Railway right- of-way within the boundaries of the recreation