A bill to establish the Cascade Head Scenic-Research Area in the State of Oregon, and for other purposes.
PL 93-535 (H.R.8352), enacted 12/22/1974

1732 
PUBLIC LAW 93-535-DEC. 22, 1974 
Public Law 93-535 
[88 
STAT. 
December 22, 1974 
A N A C T 
[H. R. 8352] 
rjy^ establish the Cascade Head Scenic-Research Area in the State of Oregon, 
and for other purposes. 
Cascade Head 
Scenic-Research 
Area, Oreg. 
Establishment. 
16 u s e 541, 
Administration. 
16 u s e 541a. 
Boundaries. 
16 u s e 541b. 
Comprehensive 
management plan. 
Subareas, es-
tablishment. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in order to 
provide present and future generations with the use and enjoyment 
of certain ocean headlands, rivers, streams, estuaries, and forested 
areas, to insure the protection and encourage the study of significant 
areas for research and scientific purposes, and to promote a more sensi-
tive relationship between man and his adjacent environment, there is 
hereby established, subject to valid existing rights, the Cascade Head 
Scenic-Research Area (hereinafter referred to as "the Area") in the 
Siuslaw National Forest in the State of Oregon. 
SEC. 2. The administration, protection, development, and regulation 
of use of the Area shall be by the Secretary of Agriculture (herein-
after referred to as the "Secretary") in accordance with the laws, rules, 
and regulations applicable to national forests, in such manner as in 
his judgment will best contribute to attainment of the purposes of this 
Act. 
SEC. 3. (a) The boundaries of the Area, and the boundaries of the 
subareas included therein, shall be those shown on the map entitled 
"Proposed Cascade Head Scenic-Research Area", dated June 1974, 
which is on file and available for public inspection in the office of the 
Chief, Forest Service, United States Department of Agriculture: 
Provided^ That, from time to time, the Secretary may, after public 
hearing or other appropriate means for public participation, make 
adjustments in the boundaries of subareas to reflect changing natural 
conditions or to provide for more effective management of the Area 
and each of the subareas in accordance with the purposes and pro-
visions of this Act. 
(b) As soon as practicable after the enactment of this Act, the 
Secretary shall, with provisions for appropriate public participation 
in the planning process, develop a comprehensive management plan 
for the Area. Said plan shall prescribe specific management objectives 
and management controls necessary for the protection, management, 
and development of the Area and each of the subareas established 
pursuant to subsection (c) hereof. 
(c) Within the Area, the following subareas shall be established 
and shall be managed in accord with the following primary manage-
ment objectives which shall be supplemental to the general manage-
ment objectives applicable to the entire Area: 
(1) Estuary and Associated Wetlands Subarea: An area 
managed to protect and perpetuate the fish and wildlife, scenic, 
and research-education values, while allowing dispersed recrea-
tion use, such as sport fishing, nonmotorized pleasure boating, 
waterfowl hunting, and other uses which the Secretary deter-
mines are compatible with the protection and perpetuation of the 
unique natural values of the subarea. After appropriate study, 
breaching of existing dikes may be permitted within the subarea. 
(2) Lower Slope-Dispersed Residential Subarea : An area man-
aged to maintain the scenic, soil and watershed, and fish and wild-
life values, while allowing dispersed residential occupancy, 
selective recreation use, and agricultural use. 
(3) Upper Timbered Slope and Headlands Subareas: Areas 
managed to protect the scenic, soil and watershed, and fish and 
wildlife values while allowing selective recreation and extensive 
88 STAT.] 
PUBLIC LAW 93-535-BEC. 22, 1974 
1733 
research-educational activities. Timber harvesting activity may 
occur in these subareas only when the Secretary determines that 
such harvesting is to be conducted in connection with research 
activities or that the preservation of the timber resource is 
imminently threatened by fire, old age, infestation, or similar 
natural occurrences. 
(4) Coastline and Sand Dune-Spit Subareas: Areas managed 
to protect and maintain the scenic and wildlife values while allow-
ing selective recreation and extensive research-educational activi-
ties. 
SEC. 4. (a) The boundaries of the Siuslaw National Forest are hereby 
extended to include all of the lands lying within the Area as described 
in accordance with section 3 of this Act which are not within the 
national forest boundaries on the date of enactment of this Act. 
(b) Notwithstanding any other provision of law, any Federal prop-
erty located on the lands added to the Siuslaw National Forest by this 
section may, with the concurrence of the agency having custody 
thereof, be transferred without consideration to the administrative 
jurisdiction of the Secretary. Any lands so transferred shall become 
part of the Siuslaw National Forest. 
SEC. 5. (a) Subject to the provisions of subsection (b) of this sub-
section, the Secretary is authorized to acquire lands, waters, or inter-
ests therein within the Area by donation, purchase, exchange, or 
otherwise. 
(b) Within all subareas of the Area except the estuary and associ-
ated wetlands subarea, the Secretary may not acquire any land or 
interest in land without the consent of the owner or owners so long 
as the owner or owners use such land for substantially the same pur-
poses and in the same manner as it was used and maintained on June 1, 
1974: Provided^ hoioever^ That the Secretary may acquire any land 
or interest in land without the consent of the owner or owners when 
such land is in imminent danger of being used for different purposes 
or in a different manner from the use or uses existing on June 1,1974. 
The Secretary shall publish, within one hundred and eighty days of 
the enactment of this Act, guidelines which shall be used by him to 
determine what constitutes a substantial change in land use or main-
tenance for the non-federally-owned lands within the Area. Within 
the estuary and associated wetlands subarea the Secretary may acquire 
any land or interest in land without the consent of the owner or owners 
at any time, after public hearing. 
(cj At least thirty days prior to any substantial change in the use 
or maintenance of any non-federally-owned land within the Area, the 
owner or owners of such land shall provide notice of such proposed 
change to the Secretary or his designee, in accordance with such guide-
lines as the Secretary may establish. 
SEC. 6. Notwithstanding the provisions of clause 7(a) (1) of the Act 
of September 3,1964 (78 Stat. 903), as amended, moneys appropriated 
from the Land and Water Conservation Fund shall be available for 
the acquisition of any lands, waters, or interests therein within the 
area added to the Siuslaw National Forest by this Act. 
SEC. 7. The lands within the Area, subject to valid existing rights, 
are hereby withdrawn from location, entry, and patent under the 
L''nited States mining laws and from disposition under all laws per-
taining to mineral leasing and all amendments thereto. 
SEC. 8. (a) The Secretary, pursuant to the Federal Advisory Com-
mittee Act (86 Stat. 770), shall establish an advisory council for the 
Area, and shall consult on a periodic and regular basis with such coun-
Siuslaw Nation-
al Forest, bound-
ary extension. 
16 u s e 541c. 
Lands and 
waters, acquisi-
tion. 
16 u s e 541d, 
Guidelines, 
publication. 
Hearing, 
Notice of pro-
posed change. 
Availability of 
funds. 
16 u s e 541e. 
16 u s e 460^-9. 
16 u s e S41f. 
Advisory coun-
cil. 
16 u s e 541g. 
5 u s e app, I. 
38-194 O - 76 - 27 Pt. 2 
1734 
PUBLIC LAW 93-536-DEC. 22, 1974 
[88 STAT. 
Membership. 
Compensation. 
State jurisdic-
tion. 
16 u s e 541h. 
oil with respect to matters relating to management of the Area. The 
members of the advisory coimcil, who shall not exceed eleven in num-
ber, shall serve for the individual staggered terms of three years each 
and shall be appointed by the Secretary as follows— 
(1) a member to represent each county in which a portion of 
the Area is located, each such appointee to be designated by the 
respective governing body of the county involved; 
(2) a member appointed to represent the State of Oregon, who 
shall be designated by the Governor of Oregon; and 
(3) not to exceed eight 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 Area. 
(b) The Secretary shall designate one member to be chairman and 
shall fill vacancies in the same manner as the original appointment. 
(c) The members shall not receive any compensation for their 
services as members of the advisory coimcil, but they shall be reim-
bursed for travel expenses and shall be allowed, as appropriate, per 
diem or actual subsistence expenses. 
(d) In addition to his consultation with the advisory council, the 
Secretary shall seek the views of other private groups, individuals, 
and the public, and shall seek the views and assistance of, and 
cooperate with, all other Federal, State, and local agencies with 
responsibilities for zoning, planning, migratory fish, waterfowl, and 
marine animals, water, and natural resources, and all nonprofit 
agencies and organizations which may contribute information or 
expertise about the resources, and the management, of the Area, in 
order that the knowledge, expertise and views of all agencies and 
groups may contribute affirmatively to the most sensitive present and 
future use of the Area and its various subareas for the benefit of the 
public. 
SEC. 9. The Secretary shall cooperate with the State of Oregon and 
political subdivisions thereof in the administration of the Area and 
in the administration and protection of lands within and adjacent to 
the Area owned or controlled by the State or political subdivisions 
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 Area consistent with the provisions of this 
Act, or of its right to tax persons, corporations, franchises or other 
non-Federal property, in or on the lands or waters within the Area. 
Approved December 22, 1974. 
December 22, 1974 
[H. R.15818] 
Public Law 93-536 
AN ACT 
To amend title 44, United States Code, to redesignate the National Historical 
Publications Commission as the National Historical Publications and Records 
Commission, to increase the membership of such Commission, and to increase 
the authorization of appropriations for such Commission. 
National His-
torical Publica-
tions Commission. 
Name change. 
44 u s e 2501. 
Be it enacted hy the Senate and House of Re'presentatives 
of the 
United States of America in Congress assembled^ That (a) chapter 
25 of title 44, United States Code, is amended by inserting "AND 
RECORDS" immediately after "PUBLICATIONS" in the chapter 
heading.