CONSERVATION

Page 981 TITLE 16—CONSERVATION § 541d

SUBCHAPTER II—SCENIC AREAS

§ 541. Cascade Head Scenic-Research Area; establishment

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 sensitive 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.

(Pub. L. 93–535, §1, Dec. 22, 1974, 88 Stat. 1732.)

§ 541a. Administration, protection, development,

and regulation of use

The administration, protection, development,

and regulation of use of the Area shall be by the

Secretary of Agriculture (hereinafter 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 purpose of this

subchapter.

(Pub. L. 93–535, §2, Dec. 22, 1974, 88 Stat. 1732.)

§ 541b. Boundaries of scenic-research area; adjustments to subarea boundaries; development of management plan; establishment of

subareas; management objectives

(a) Boundaries; adjustments to boundaries of

subareas

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 provisions of this subchapter.

(b) Management plan; development; time; contents

As soon as practicable after December 22, 1974,

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)

of this section.

(c) Subareas; establishment; management objectives

Within the Area, the following subareas shall

be established and shall be managed in accord

with the following primary management objectives which shall be supplemental to the general

management 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 recreation use, such as sport fishing,

nonmotorized pleasure boating, waterfowl

hunting, and other uses which the Secretary

determines 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 managed to maintain the scenic,

soil and watershed, and fish and wildlife 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 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 allowing selective recreation and extensive research-educational activities.

(Pub. L. 93–535, §3, Dec. 22, 1974, 88 Stat. 1732.)

§ 541c. Extension of boundaries of Siuslaw National Forest; transfer of Federal property to

Secretary

(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 541b of this title which

are not within the national forest boundaries on

December 22, 1974.

(b) Notwithstanding any other provision of

law, any Federal property 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.

(Pub. L. 93–535, §4, Dec. 22, 1974, 88 Stat. 1733.)

§ 541d. Acquisition of property within the scenicresearch area; consent of owner; substantial

change in use or maintenance of property

(a) Acquisition of lands, waters and interests by

donation, purchase, etc.

Subject to the provisions of subsection (b) of

this section, the Secretary is authorized to acquire lands, waters, or interests therein within

the Area by donation, purchase, exchange, or

otherwise.
§ 541e TITLE 16—CONSERVATION Page 982

(b) Consent of owner for acquisition of lands in

sub-areas; exceptions; guidelines for determination of substantial change in land use or

maintenance

Within all subareas of the Area except the estuary and associated 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 purposes and in the same

manner as it was used and maintained on June

1, 1974: Provided, however, 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 December 22, 1974, guidelines

which shall be used by him to determine what

constitutes a substantial change in land use or

maintenance 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.

(c) Substantial change in land use or maintenance; notice by owner; time; manner

At least thirty days prior to any substantial

change in the use or maintenance of any nonfederally-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 guidelines as

the Secretary may establish.

(Pub. L. 93–535, §5, Dec. 22, 1974, 88 Stat. 1733.)

§ 541e. Availability of funds for acquisition of

lands, etc., within added area

Notwithstanding the provisions of section

460l–9(a)(1) of this title, 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 subchapter.

(Pub. L. 93–535, §6, Dec. 22, 1974, 88 Stat. 1733.)

REFERENCES IN TEXT

The Land and Water Conservation Fund, referred to

in text, was established by section 460l–5 of this title.

§ 541f. Withdrawal from location, entry and patent under mining laws; withdrawal from disposition under mineral leasing laws

The lands within the Area, subject to valid existing 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.

(Pub. L. 93–535, §7, Dec. 22, 1974, 88 Stat. 1733.)

§ 541g. Advisory council for scenic-research area;

membership; designation of chairman; compensation; consultation by Secretary

(a) Advisory council; establishment; consultation;

members; term; appointment

The Secretary, pursuant to the Federal Advisory Committee Act, shall establish an advisory

council for the Area, and shall consult on a periodic and regular basis with such council with respect to matters relating to management of the

Area. The members of the advisory council, who

shall not exceed eleven in number, 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) Chairman; vacancies

The Secretary shall designate one member to

be chairman and shall fill vacancies in the same

manner as the original appointment.

(c) Compensation; reimbursement for expenses

The members shall not receive any compensation for their services as members of the advisory council, but they shall be reimbursed for

travel expenses and shall be allowed, as appropriate, per diem or actual subsistence expenses.

(d) Consultation by Secretary with private

groups, etc.; cooperation with other Federal,

State, etc., agencies and organizations

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.

(Pub. L. 93–535, §8, Dec. 22, 1974, 88 Stat. 1733.)

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in

subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5,

Government Organization and Employees.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period beginning on the date of their establishment,