1 2 3 4 5 6 7 8 9 10 11 12 (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 13 with the advisory council, seek the views of other private 14 groups and individuals with respect to administration of the 15 recreation area. 16 (c) The members shall not receive any compensation 17 for their services as members of the council, but they shall 18 be reimbursed for travel expenses and shall be allowed, as 19 appropriate, per diem or actual subsistence expenses. 20 SEC. 13. The Secretary shall cooperate with the State 21 of Oregon or any political subdivision thereof in the admin22 istration of the recreation area and in the administration and 23 protection of lands within or adjacent to the recreation area 24 owned or controlled by the State or political subdivision 25 thereof. Nothing in this Act shall deprive the State of Oregon 1 or any political subdivision thereof of its right to exercise 2 civil and criminal jurisdiction within the recreation area 3 consistent with the provisions of this Act, or of its right to 4 tax persons, corporations, franchises, or other non-Federal 5 property, including mineral or other interests, in or on 6 lands or waters within the recreation area. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, Washington, D.C., October 8, 1971. Hon. WAYNE N. ASPINALL, Chairman, Committee on Interior and Insular Affairs, House of Representatives. DEAR MR. CHAIRMAN: As you asked, here is our report on H.R. 8763, a bill "To establish the Oregon Dunes National Recreation Area in the State of Oregon, and for other purposes." The Department of Agriculture recommends that H.R. 8763 be enacted. H.R. 8763 would establish the Oregon Dunes National Recreation Area to include about 32,250 acres within and adjacent to the Siuslaw National Forest on the Central Oregon coast. The area would be administered by this Department. The major feature of the recreation area would be the Oregon Dunes, a unique and scenic natural phenomenon consisting of massive, shifting sand dunes sprinkled with fresh water lakes and fringed with forests which occur in an approximately 40-mile long belt along the Oregon coast. Accelerated development of the area's recreational resources is urgent to accommodate the rapidly growing number of visitors. Proposals in the past for establishment of a National Seashore for administration by the Department of the Interior have failed of enactment. As a result, considerable uncertainty as to the future of this area has developed. We urge prompt designation of the Oregon Dunes as a National Recreation Area under the continued jurisdiction of the Secretary of Agriculture. The attached statement describes in more detail the provisions of H.R. 8763 and the manner in which the area would be administered. Also enclosed is an environmental statement on this legislation which has been prepared pursuant to section 102(2)(c) of the National Environmental Policy Act (83 Stat. 853). The Office of Management and Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, Enclosures. USDA COMMENTS ON H.R. 8763 J. PHIL CAMPBELL, H.R. 8763 would establish the Oregon Dunes National Recreation Area to provide for public outdoor recreation use and enjoyment and conservation of scenic, scientific, historic and other values of the Oregon Dunes Area of Oregon. The boundaries of the area would be those shown on a map on file and available for public inspection in the Office of the Chief of Forest Service. A detailed description of the boundaries of the area would be published in the Federal Register after enactment of the bill. LANDS INCLUDED Within the boundaries as they would be amended are a total of 32,237 acres This consists of 18,907 acres of National Forest lands, 1,840 acres of other Federal lands, 3,105 acres of State lands, 712 acres of county lands, and 7,673 acres of private lands. The area within the proposed recreation area not now in the Siuslaw National Forest is 6,754 acres. The boundaries of the Siuslaw National Forest would be extended by H.R 8763 to include all lands within the recreation area. All Federal lands within the area would be made a part of the recreation area, but lands needed for the purposes of the Coast Guard and Corps of Engineers would continue to be used by such agencies to the extent required for such purposes. Lands owned by the State of Oregon and its political subdivisions could be acquired only with the consent of the State or subdivision. INLAND SECTOR A portion of the recreation area would be delineated as the Inland Sector This sector would constitute an inland buffer to protect and stabilize the scenic character of the dunes area, and related lakes, streams, and forests. Within the Inland Sector, the Secretary of Agriculture could acquire improved property certain commercial or industrial property, timbered lands under sustained yield management, and certain recreational property only with the consent of the owners of such properties. The timberlands would be exempted from condemna tion so long as the Secretary of Agriculture determines that management standards applied to these lands are not less stringent than management standards on comparable National Forest lands which are used for timber production. However, the Secretary could, without the consent of the owner, acquire timberlands or interests therein determined essential for recreation use or access to or protection of recreation developments. The Secretary would be directed to minimize to the extent practicable impacts of timberland acquisition on reasonable economic use for sustained yield forestry of adjoining lands not acquired. ACQUISITION The proposed National Recreation Area would include State parks and beaches. These will remain in State ownership and management in full coordination with Federal lands unless or until there is mutual agreement that they should be fully integrated into the National Recreation Area through transfer of ownership. Management by the State in a manner compatible with the purposes of the area is fully anticipated. Areas such as the State and nearby County parks would complement and enhance the value of the National Recreation Area. The State of Oregon owns the lands between mean high tide and mean low tide on the ocean side of the recreation area. Although these lands would not need to be sequired for the purposes of the recreation area, there is growing need for active cooperation between the State and Forest Service in control of use and environmental preservation. To facilitate such cooperation, the western boundary of the Area would extend just beyond mean low tide line to include the beaches which are inherent features of the Oregon Dunes Area. Within that portion of the recreation area not included in the Inland Sector we would seek to acquire fee or lesser interests in 1,704 acres of non-Federal land. Some additional lands will be needed within the Inland Sector; based on present estimates, taking into account the provisions of Section 7 of the bill, about 798 acres would ultimately be acquired. Estimated land acquisition costs are approximately $2,450,000. Moneys allocated to the Department of Agriculture from the Land and Water Conservation Fund would be available for such acquisition. Owners of improved property within the National Recreation Area which might be acquired would be allowed to retain certain rights of use and occupancy described in the bill. TIMBER The proposed recreation area contains 5,600 acres of lands on which there is commercial timber. The timber on National Forest lands is harvested only to remove dead, dying, or disease or insect infested trees to improve recreation opportunities and protect visitors. Within the Inland Sector private timber lands managed on a sustained yield basis will continue to be so managed and owned so long as the owners desire to retain them and provide the requisite level of management. Exceptions would be lands determined to be needed for public recreation use or protection of recreation developments, as provided in Section 7 of the bill. HUNTING, FISHING H.R. 8763 would provide that hunting, fishing and trapping in the recreation area would be permitted in accordance with applicable Federal and State laws, except that the Secretary of Agriculture could establish, after consultation with the Oregon State Game Commission limitations on location and times of such use for reasons of public safety, protection of administrative sites, and public use and enjoyment. MINERALS Subject to valid existing rights, the lands within the recreation area would be withdraw from location, entry, and patent under the mining laws and from disposition under the mineral leasing laws. We are aware of no significant mineral values in the area. Most of the National Forest lands within the proposed area are not open to entry under the mining laws based on administrative action. WATER AND WASTES Much of the proposed National Recreation Area is underlain by extensive underground fresh, pure water which is a major resource. H.R. 8763 would generally continue existing uses of water within the recreation area, and existing permission to transport and store domestic and industrial wastes, if permission for these activities has been obtained from the State of Oregon before the ef 72-791 0-723 fective date of the Act. These uses would also be subject to compliance with applicable water quality standards, now or hereafter established. As we construe sections 11(a) and 11(b) of the bill, such uses must comply with applicable water quality standards to be continued by the Secretary of Agriculture. The "wastes" referred to in section 11(b) of the bill are those now transported by pipeline from the International Paper Company facility at Gardener, Oregon. We understand that the State of Oregon does not intend to grant permission for transportation of other wastes prior to the effective date of H.R. 8763. Additional water utilization and waste disposal would be permitted subject to reasonable conditions for protection of the area if permission therefor has been obtained from the State of Oregon. We concur with the clarifying, technical amendment which is being suggested by the Environmental Protection Agency to make it clear that such uses would be subject to applicable water quality standards. ADVISORY COUNCIL The bill would direct the Secretary of Agriculture to establish an advisory council for the recreation area comprised of up to 15 members appointed by the Secretary to represent various bodies and individuals. The council would advise the Secretary on matters relating to management and development of the recreation area. In addition to consultation with the advisory council the Secretary would be directed to seek views of other private groups and individuals. FEDERAL-STATE COOPERATION The bill expressly authorizes the Secretary of Agriculture to cooperate with the State of Oregon and its political subdivisions in administration of the recreation area and in administration and protection of lands within or adjacent to the area owned or controlled by the State or a political subdivision. USE AND DEVELOPMENT There were 569,000 visitor days of use at National Forest sites in the Oregon Dunes Area in 1970. The most popular activities included camping, picnicking, fishing, hunting, boating, and beachcombing. We estimate that by the year 2000 annual recreation use in the proposed recreation area will increase over seven times. Our plans for development of the area are designed to help accommodate the expected increase in use. We will construct additional camp and picnic sites, swimming and boating sites, access roads and trails, and two visitor information centers. Development work will include continuation of needed dunes stabilization to protect key highways, lakes, and public use areas from being covered by shifting dunes. Additional vegetative plantings to improve waterfowl habitat are planned; these will attract more ducks and geese to the area for greater enjoyment by wildlife enthusiasts and hunters. We estimate that costs of development of the recreation area will be approximately $12,700,000. Preservation of roadless and natural areas is an important element in our development plan. Public use facilities will be clustered to make efficient use of space and to leave as much surrounding open space as possible. Three major areas, including the existing Umpqua Dunes Scenic Area, will remain undeveloped. U.S.D.A. FOREST SERVICE ENVIRONMENTAL STATEMENT ON PROPOSED LEGISLATION TO ESTABLISH THE OREGON DUNES NATIONAL RECREATION AREA PREPARED IN ACCORDANCE WITH SEC. 102(2) (c) of P.L. 91-190 III. Description of Action: The proposed legislation would establish the Oregon Dunes National Recreation Area in the State of Oregon. IV. Summary of Environmental Impact and Adverse Environmental Effects: The purpose of the proposal is to assure the conservation of scenic, scientific, historic and other values of the dune area between Florence and Coos Bay, Oregon. The proposed area consists of 32,237 acres of which about 18,907 acres are now protected as National Forest lands. The proposal extends the boundaries of the Siuslaw National Forest to include all of the area within the National |