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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: Pro

vided, 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 Act. 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 Act.

SEC. 8. Within the boundaries of the recreation area

21 lands, waters, and interests therein owned by or under the

22 control of the State of Oregon or any political subdivision

23 thereof may be acquired only with the consent of such State

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or political subdivision. No part of the Southern Pacific Rail

way right-of-way within the boundaries of the recreation

72-791 072-2

1 area may be acquired without the consent of the railway. 2 In any acquisition of improved property within the recrea3 tion area, the owner or owners (hereinafter in this section 4 referred to as "owner") may, as a condition of such acquisi5 tion, retain the right of use and occupancy of such property 6 for noncommercial residential purposes for a term of (1) not 7 to exceed twenty-five years, or (2) for a term ending at the 8 death of the owner, the death of the owner's spouse, or at 9 the time all of the children of the owner or of the owner's 10 spouse die before reaching twenty-one years of age or at 11 the time the youngest such child reaches the age of twenty12 one, whichever of all such events occurs the latest. The owner 13 shall elect at the time of conveyance the terms to be re14 served. Where any such owner retains a right of use and 15 occupancy as herein provided, such right may during its 16 existence be conveyed or leased in whole, but not in part, for 17 noncommercial residential purposes. The Secretary shall 18 pay to the owner the fair market value of the property on the 19 date of such acquisition less the fair market value on such 20 date of the right retained by the owner. At any time sub21 sequent to the acquisition of such property the Secretary 22 may, with the consent of the owner of the retained right of 23 use and occupancy, acquire such right, in which event he

24 shall pay to such owner the fair market value of the remain25 ing portion of such right. The term "improved property"

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1 wherever used in this Act shall mean a detached one-family 2 dwelling the construction of which was begun before Decem3 ber 31, 1970, together with so much land on which the 4 dwelling is situated, the said land being in the same owner5 ship as the dwelling, as the Secretary finds necessary for 6 the enjoyment of the dwelling for the sole purpose of non7 commercial residential use, together with any structures accessory to the dwelling situated on such land. The amount 9 of such land shall be at least three acres in area, or all of 10 such lesser amount that may be held in the same ownership 11 as the dwelling. Funds hereafter appropriated and available 12 for the acquisition of lands and waters and interests therein 13 in the national forest system pursuant to the Act of Septem14 ber 3, 1964 (78 Stat. 897, 903), shall be available for the 15 acquisition of any lands, waters, and interests therein within 16 the boundaries of the recreation area.

17 SEC. 9. The Secretary shall permit hunting, fishing, 18 and trapping on the land and waters under his jurisdiction 19 within the recreation area in accordance with applicable 20 laws of the United States and of the State of Oregon: Pro21 vided, That the Secretary, after consulation with the Oregon 22 State Game Commission, may issue regulations designating 23 zones where and establishing periods when no hunting, fish24 ing, or trapping shall be permitted for reasons of public 25 safety, administration, or public use and enjoyment.

1 SEC. 10. The lands within the recreation area, subject 2 to valid existing rights, are hereby withdrawn from location, 3 entry, and patent under the United States mining laws 4 and from disposition under all laws pertaining to mineral 5 leasing and all amendments thereto.

6 SEC. 11. (a) The Secretary is authorized and directed, 7 subject to applicable water quality standards now or here8 after established, to permit the investigation for, appropria9 tion, storage, and withdrawal of ground water, surface water, 10 and lake, stream, and river water from the recreation area 11 and the conveyance thereof outside the boundaries of the 12 recreation area for beneficial use in accordance with applica13 ble laws of the United States and of the State of Oregon if 14 permission therefor has been obtained from the State of 15 Oregon before the effective date of this Act: Provided, That 16 nothing herein shall prohibit or authorize the prohibition 17 of the use of water from Tahkenitch or Siltcoo Lakes in ac18 cordance with permission granted by the State of Oregon 19 prior to the effective date hereof in connection with certain 20 industrial plants developed or being developed at or near 21 Gardiner, Oregon.

22 (b) The Secretary is authorized and directed, subject to 23 applicable water quality standards now or hereafter estab24 lished, to permit transportation and storage in pipelines with25 in and through the recreation area of domestic and industrial

1 wastes in accordance with applicable laws of the United 2 States and of the State of Oregon if permission therefor has 3 been obtained from the State of Oregon before the effective 4 date of this Act.

5 (c) The Secretary is further authorized to grant such 6 additional easements and rights, in terms up to perpetuity, as 7 in his judgment would be appropriate and desirable for the 8 effective use of the rights to water and the disposal of waste 9 provided for herein and for other utility and private purposes 10 if permission therefor has been obtained from the State of 11 Oregon, subject to such reasonable conditions as are necessary 12 for the protection of the scenic, scientific, historic, and rec13 reational features of the recreation area.

14 SEC. 12. (a) The Secretary shall establish an advisory 15 council for the Oregon Dunes National Recreation Area, and 16 shall consult on a periodic and regular basis with such council 17 with respect to matters relating to management and develop18 ment of the recreation area. The members of the advisory 19 council, who shall not exceed fifteen in number, shall serve 20 for individual staggered terms of three years each and shall 21 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 ap

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pointee to be designated by the respective governing

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body of the county involved;