[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: 36CFR292.15]

[Page 396-398]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
        Subpart C_Sawtooth National Recreation Area_Private Lands
 
Sec. 292.15  General provisions--procedures.

    (a) Classification of private property. For the purpose of 
establishing specific standards applicable to the several parcels of 
private land within the boundaries, such properties are classified and 
assigned to land use categories as shown on the Land Use Category Map, 
dated December 15, 1973, as amended July 16, 1976, on file and available 
for public inspection in the office of the Area Ranger, Sawtooth 
National Recreation Area, Ketchum, Idaho. The classification of private 
properties is based on evaluation of scenic, natural, historic, 
pastoral, wildlife, and other values.
    (b) Land use categories. Land use categories shown on the map 
referred to in paragraph (a) of this section are:
    (1) Designated community. All properties inside a designated 
community.
    (2) Residential. Areas for residential development outside 
designated communities.
    (3) Commercial. Areas for commercial development outside designated 
communities.
    (4) Agriculture. All properties outside designated communities not 
placed in a residential or commercial land use category.
    (5) Mineral. Any areas in the land use in paragraphs (b) (1) through 
(4) of this section, used for mineral operations.
    (c) Changes in classification. The Secretary may make changes in the 
classification of private lands set forth in paragraph (a) of this 
section by incorporating such changes in an amendment of these 
regulations.
    (d) Certification of compliance with standards--(1) Present use. Any 
owner of property may request in writing the Area Ranger to examine the 
present use of the property and issue a certification that such present 
use conforms to the applicable standards established in Sec. 292.16 for 
the land use category in which the property is placed. If after 
examination the Area Ranger determines that the present use of the 
property does so conform, he will issue a certification to this effect.
    (2) Planned development or change in use. Any owner of property who 
proposes to change the use or develop his property for other than 
agricultural use may submit to the Area Ranger a use or development plan 
setting forth the manner in which and the time by which the property is 
to be developed and the use to which the property is to be put. If the 
Area Ranger determines that the development and use plan conforms to the 
applicable standards established in Sec. 292.16 for the land use 
category in which the property is placed, he will issue a certification 
to this effect.
    (3) Notification of action. Within 45 days after receipt of request 
for certification, the Area Ranger shall:
    (i) Issue the certification.
    (ii) Notify applicant that additional information is needed before 
action can be taken on the application.
    (iii) Notify applicant that certification is denied, and reasons for 
denial.

[[Page 397]]

    (iv) Notify applicant that action on the request is deferred for a 
specified period of time for stated reasons.
    (e) Qualified certifications. (1) Any owner of a property classified 
residential or commercial under paragraph (a) of this section which had 
been improved and was being used for residential or commercial purposes 
on the effective date of these regulations, but which does not conform 
to the standards established for properties in the land use category in 
which the property is placed may nevertheless be issued a certification 
for period not to exceed 10 years so that the improvements may be made 
to conform to the standards. Such certification shall specify that it is 
only effective so long as the property is not subdivided, and is not 
further improved and the improvements existing on the effective date of 
these regulations, are not reconstructed, altered or relocated, except 
to meet standards. The certification shall specify the date on which it 
shall terminate.
    (2) If the Area Ranger determines, prior to certification, that a 
part or all of a property, for which a request for certification is 
made, is needed for access to and utilization of public property or for 
recreation and other facilities, he may except from the certification 
that part of the property needed for these purposes.
    (f) Revocation of certification. The Area Ranger will revoke a 
certification when he finds that the property is being used or developed 
not in conformance with the terms of the certification or the applicable 
standards established in Sec. 292.16 or is in imminent danger of being 
so used or developed. Notice of such revocation will be in writing and 
delivered to the owner in person or by certified mail. A partial 
revocation may be made when a portion of a property covered by a 
certification is determined to be needed for access to and utilization 
of public property or for recreation and other facilities.
    (g) Effect of certification. Property for which a certification is 
held by the owner shall not be acquired by the Secretary by 
condemnation.
    (h) Effect of noncompliance with standards. Property for which a 
determination has been made that it is being used or developed not in 
conformance with the applicable standards established in Sec. 292.16 
for the land use category in which the property is placed may be 
acquired by the Secretary by condemnation.
    (i) Acquisition by negotiated purchase. (1) Any privately owned land 
or interest in land determined by the Secretary to be needed in 
furtherance of the objectives and purposes for which the Sawtooth 
National Recreation Area was established may be acquired by negotiated 
purchase subject only to the limitation in paragraph (j) of this 
section.
    (2) Property which has been developed for use prior to the effective 
date of these regulations, but which is not in conformance with 
applicable standards may be acquired by the Secretary through negotiated 
purchase and the Secretary may permit the owners, their successors or 
assigns to retain a right of use and occupancy of the improved property 
for a definite term not beyond December 31, 1988.
    (j) Limitation on acquisitions. Acquisitions of lands or interests 
therein for access to and utilization of public property and for 
recreation and other facilities shall not exceed 5 percent of the total 
acreage of all private property within the Sawtooth National Recreation 
Area on August 22, 1972. A land acquisition plan shall be prepared by 
the Area Ranger and approved by the Regional Forester showing those 
properties needed for access to and utilization of public property or 
for recreation and other facilities. Said plan may be revised from time 
to time upon approval by the Regional Forester. Said plan shall be 
available for inspection by the public in the office of the Area Ranger.
    (k) Land exchanges. Some parcels of Federal lands within the 
Sawtooth National Recreation Area are classified or may be subsequently 
classified in the overall general plan for the Recreation Area as 
suitable for selection through land exchange. Using existing land 
exchange authorities, these Federal lands may be made available for 
selection by parties owning land within the boundaries of the National 
Recreation Area to resolve some existing or potential

[[Page 398]]

land use conflicts. The values of the properties so exchanged shall be 
approximately equal, or, if they are not approximately equal, they shall 
be equalized by the payment of cash. Federal lands which may be located 
within the boundaries of designated communities will be considered for 
exchange only after acceptable community development plans and 
ordinances have been implemented.
    (l) Appeals. Any landowner who is adversely affected by a decision 
of the Area Ranger under these regulations may file an appeal under the 
provisions of 36 CFR part 251, subpart C.
    (m) Judicial review. The United States District Court for the 
District of Idaho shall have jurisdiction to review these regulations 
upon a compliant filed within 6 months after the effective date of these 
regulations, by any affected landowner in an action for a declaratory 
judgment as provided in the Act of August 22, 1972 (86 Stat. 612), 
section 4(a).

[39 FR 11544, Mar. 29, 1974, as amended at 41 FR 29379, July 16, 1976; 
54 FR 3368, Jan. 23, 1989]