[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292.11]

[Page 391-392]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
      Subpart B_Whiskeytown-Shasta-Trinity National Recreation Area
 
Sec. 292.11  Introduction.

    Authority: Sec. 1, 30 Stat. 35, as amended, 62 Stat. 100, Sec. 1, 33 
Stat. 628; 16 U.S.C. 551, 472.

    Source: 38 FR 5853, Mar. 5, 1973, unless otherwise noted.


    (a) Administration of the Shasta and Clair Engle-Lewiston Units will 
be coordinated with the other purposes of the Central Valley Project of 
the Bureau of Reclamation and of the recreation area as a whole so as to 
provide

[[Page 392]]

for: (1) Public outdoor recreation benefits; (2) conservation of scenic, 
scientific, historic, and other values contributing to public enjoyment; 
and (3) the management, utilization, and disposal of renewable natural 
resources which in the judgment of the Secretary of Agriculture will 
promote or is compatible with, and does not significantly impair, public 
recreation and conservation of scenic, scientific, historic, or other 
values contributing to public enjoyment.
    (b) The Secretary may not acquire without consent of the owner any 
privately owned ``improved property'' or interests therein within the 
boundaries of these units, so long as the appropriate local zoning 
agency shall have in force and applicable to such property a duly 
adopted, valid, zoning ordinance that is approved by the Secretary. This 
suspension of the Secretary's authority to acquire ``improved property'' 
without the owner's consent would automatically cease: (1) If the 
property is made the subject of a variance or exception to any 
applicable zoning ordinance that does not conform to the applicable 
standards contained in Sec. Sec. 292.11 to 292.13; or (2) if such 
property is put to any use which does not conform to any applicable 
zoning ordinance approved by the Secretary.
    (c) Improved property as used in Sec. Sec. 292.11 to 292.13, means 
any building or group of related buildings, the actual construction of 
which was begun before February 7, 1963, together with not more than 
three acres of land in the same ownership on which the building or group 
of buildings is situated, but the Secretary may exclude from such 
``improved property'' any shore or waters, together with so much of the 
land adjoining such shore or waters, as he deems necessary for public 
access thereto.
    (d) Sections 292.11 to 292.13 specify the standards with which local 
zoning ordinances for the Shasta and Clair Engle-Lewiston Units must 
conform if the ``improved property'' or unimproved property proposed for 
development as authorized by the Act within the boundaries of the units 
is to be exempt from acquisition by condemnation. The objectives of 
Sec. Sec. 292.11 to 292.13 are to:
    (1) Prohibit new commercial or industrial uses other than those 
which the Secretary considers to be consistent with the purposes of the 
act establishing the national recreation area; (2) promote the 
protection and development of properties in keeping with the purposes of 
that Act by means of use, acreage, setback, density, height or other 
requirements; and (3) provide that the Secretary receive notice of any 
variance granted under, or any exception made to, the application of the 
zoning ordinance approved by him.
    (e) Following promulgation of Sec. Sec. 292.11 to 292.13 of final 
form, the Secretary is required to approve any zoning ordinance or any 
amendment to an approved zoning ordinance submitted to him which 
conforms to the standards contained in the regulations in effect at the 
time of adoption of the ordinance or amendment.
    (f) Any owner of unimproved property who proposes to develop his 
property for service to the public may submit to the Secretary a 
development plan setting forth the manner in which and the time by which 
the property is to be developed and the use to which it is proposed to 
be put. If the Secretary determines that the development and the use of 
the property conforms to approved zoning ordinances, and serves the 
purposes of the National Recreation Area and that the property is not 
needed for easements and rights-of-way for access, utilities, or 
facilities, or for administration sites, campgrounds, or other areas 
needed for use by the United States for visitors, he may in his 
discretion issue to such owner a certification that so long as the 
property is developed, maintained, and used in conformity with approved 
zoning ordinances the Secretary's authority to acquire the property 
without the owner's consent is suspended.