An Act to establish the Oregon Dunes National Recreation Area in the State of Oregon, and for other purposes
PL 92-260 (S.1977), enacted 03/23/1972

86 STAT. ] 
PUBLIC LAW 92-260-MAR. 23, 1972 
HI 
(b) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 1002. Complaints to and investigations by the Administrator and the 
Board." 
is amended by adding at the end thereof the following: 
" (j) Suspension and rejection of rates in foreign air transportation.". 
SEC. 4. The amendments made by this Act shall not be deemed to 
authorize any actions inconsistent with the provision of section 1102 
of the Federal Aviation Act of 1958 (49 U.S.C. 1502). 
Approved March 22, 1972. 
International 
agreements. 
Public Law 92-260 
AN ACT 
To establish the Oregon Dunes National Recreation Area in the State of Oregon, 
and for other purposes. 
Be it enacted hy the Senate and House of Rewesentatives 
of the 
United States of America in Congress assembled, That, in order to 
provide for the public outdoor recreation use and enjoyment of cer-
tain 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"). 
SEC. 2. 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 regula-
tions applicable to national forests, in such manner as in his judgment 
will best contribute the attainment of the purposes set forth in section 
1 of this Act. 
SEC. 3. The portion of the recreation area delineated as the "Inland 
Sector" on the map referenced in section 4 of this Act is hereby 
established as an inland buffer sector in order to promote such man-
agement 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 1 of this Act. 
SEC. 4. 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 publi-
cation of a revised map or description in the Federal Register correct 
clerical or typographical errors in paid map or descriptions. 
SEC. 6. 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 
March 23,1972 
[S.1977] 
Oregon Dunes 
National Recre-
ation Area. 
Establishment. 
Administration. 
•Inland Sector." 
Map. 
Revision, 
publication in 
Federal Register. 
Federal property, 
transfer. 
100 
PUBLIC LAW 92-260-MAR. 23, 1972 
[86 STAT. 
Act, 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. 
i^'afp'^fs^' 
^^^' ^' '^^^ boundaries of the Siuslaw National Forest are hereby 
bou'^dary°ex^ten- 
extended to iuclude all of the lands not at present within such bound-
sion. 
aries lying within the recreation area as described in accordance with 
section 4 of this Act. 
Land acquisition. 
§£0. 7. Within the iulaud sector established by section 3 of this 
Act 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 pur-
poses 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 further-
ing the purposes of this Act; 
(c) timberlands under sustained yield management so long 
as the Secretary determines that such management is being con-
ducted in accordance with standards for timber production, includ-
ing but not limited to harvesting reforestation, and debris 
cleanup, not less stringent than management standards imposed 
by the Secretary on comparable national forest lands: Promded^ 
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 pro-
tection of recreation developments within the purposes of this 
Act. In any acquisition of such lands or interests the Secretary 
shallj to the extent practicable, minimize the impact of such 
acquisition on access to or the reasonable economic use for sus-
tained 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 
Act. 
SEC. 8. (a) 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. 
Rfuwa^Ti ht"'^''' 
^^) -^° P^^^ °^ ^
^
^
® Southern Pacific Kailway right-of-way within 
of-way. 
the boundaries of the recreation area may be acquired without the 
consent of the railway, so long as it is used for railway purposes: 
Provided^ That the Secretary may condemn such easements across 
said right-of-way as he deems necessary for ingress and egress. 
o^e"d^'^^ro°^err 
^^) ^ ^ ^ pcrsou owuiug an improved property, as hereafter defined, 
re°entio''n Hghts'. 
within the recreation area may reserve for himself and his assigns, as 
a condition of the acquisition of such property, a right of use and 
occupancy of the residence and not in excess of three acres of land on 
which such residence is situated. Such reservation shall be for a term 
ending at the death of the owner, or the death of his spouse, whichever 
occurs later, or, in lieu thereof, for a definite term not to exceed 
twenty-five years: Provided^ That, the Secretary may exclude from 
such reserved property any lands or waters which he deems necessary 
for public use, access, or development. The owner shall elect, at the 
time of conveyance, the term of the right to be reserved. Where any 
Exclusion. 
86 STAT. ] 
PUBLIC LAW 92-260-MAR. 23, 1972 
101 
such owner retains a right of use and occupancy as herein provided, 
such right may during its existence be conveyed or leased in whole, 
but not in part, for noncommercial residential purposes. The Secretary 
shall pay to the owner the fair market value of the property on the 
date of such acquisition less the fair market value on such date of the 
right retained by the owner. At any time subsequent to the acquisition 
of such property the Secretary may, with the consent of the owner 
of the retained right of use and occupancy, acquire such right, in which 
event he shall pay to such owner the fair market value of the remaining 
portion of such right. 
(d) The term "improved property" wherever used in this Act shall 
mean a detached one-family dwelling the construction of which was 
begun before December 31,1970, together with any structures accessory 
to it and the land on which the dwelling is situated, the said land being 
in the same ownership as the dwelling, as the Secretary finds necessary 
for the enjoyment of the dwelling for the sole purpose of noncommer-
cial residential use. 
SEC. 9. 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 desig-
nate zones where, and establish periods when, no hunting, fishing, or 
trapping shall be permitted for reasons of public safety, administra-
tion, 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. 
SEC. 10. The lands within the recreation area, subject to valid exist-
ing 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. 
SEC. 11. (a) The Secretary is authorized and directed, subject to 
applicable water quality standards now or hereafter established, to 
permit, subject to reasonable rules and regulations, the investigation 
for, appropriation, storage, and withdrawal of ground water, surface 
water, and lake, stream, and river water from the recreation area and 
the conveyance thereof outside the boundaries of the recreation area 
for beneficial use in accordance with applicable laws of the United 
States and of the State of Oregon if permission therefor has been 
obtained from the State of Oregon before the effective date of this 
Act: Provided^ That nothing herein shall prohibit or authorize the 
prohibition of the use of w^ater from Tahkenitch or Siltcoo Lakes in 
accordance with permission granted by the State of Oregon prior to 
the effective date hereof in connection with certain industrial plants 
developed or being developed at or near Gardiner, Oregon. 
(b) The Secretary is authorized and directed, subject to applicable 
water quality standards now or hereafter established, to permit, sub-
ject to reasonable rules and regulations, transportation and storage 
in pipelines within and through the recreation area of domestic and 
industrial wastes in accordance with applicable laws of the L^nited 
States and of the State of Oregon if permission therefor has been 
obtained from the State of Oregon before the effective date of this 
Act. 
(c) The Secretary is further authorized, subject to applicable water 
quality standards now or hereafter established, to grant such addi-
tional easements and rights, in terms up to perpetuity, as in his judg-
ment would be appropriate and desirable for the effective use of the 
rights to water and the disposal of waste provided for herein and 
"Improved 
property." 
Hunting, fish-
ing, and trapping. 
Mining restric-
tion. 
Water utiliza-
tion. 
Waste disposal. 
Additional 
easements and 
rights. 
102 
PUBLIC LAW 92-260-MAR. 23, 1972 
[86 STAT. 
Advisory coun-
cil, establish-
ment. 
Membership. 
Area review; 
report to 
President. 
Federal-State 
cooperation. 
Appropriation. 
for other utility and private purposes if permission therefor has been 
obtained from the State of Oregon, subject to such reasonable terms 
and conditions as he deems necessary for the protection of the scenic, 
scientific, historic, and recreational features of the recreation area. 
SEC. 12. (a) The Secretary shall establish an advisory council for 
the Oregon Dunes National Recreation Area, and shall consult on a 
periodic and regular basis with such council with respect to matters 
relating to management and development of the recreation area. The 
members of the advisory council, who shall not exceed fifteen in 
number, shall serve for individual staggered terms of three years 
each and shall be appointed by the Secretary as follows: 
(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) The Secretary shall, in addition to his consultation with the 
advisory council, seek the views of other private groups and individ-
uals with respect to administration of the recreation area. 
(c) The members shall not receive any compensation for their 
services as members of the council, as such, but the Secretary is 
authorized to pay expenses reasonably incurred by the council in 
carrying out its responsibilities. 
SEC. 13. Within three years from the date of enactment of this Act, 
the Secretary shall review the area within the boundaries of the 
recreation area and shall report to the President, in accordance with 
subsections 3(b) and 3(d) of the Wilderness Act (78 Stat. 890; 16 
U.S.C. 1132(b) and (d)), his recommendation as to the suitability 
or nonsuitability of any area within the recreation area for preserva-
tion as a wilderness, and any designation of any such area as a 
wilderness shall be accomplished in accordance with said subsection 
of the Wilderness Act. 
SEC. 14. 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 thereof. Nothing in this Act shall deprive the 
State of Oregon or any political subdivision thereof of its right to 
exercise civil and criminal jurisdiction within the recreation area con-
sistent with the provisions of this Act, 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 recrea-
tion area. 
SEC. 15. Money appropriated from the Land and Water Conservation 
Fund shall be available for the acquisition of lands, waters, and inter-
ests therein within the recreation area, but not more than $2,500,000 
is authorized to be appropriated for such purposes. For development 
of the recreation area, not more than $12,700,000 is a,uthorized to be 
appropriated. 
Approved March 23, 1972.