[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR292.14]

[Page 342-343]
 
              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.  292.14  Introduction.

    Authority: Sec.   4(a), Act of Aug. 22, 1972 (86 Stat. 613).


    (a) Purpose. In accordance with the provisions of the Act 
establishing the

[[Page 343]]

Sawtooth National Recreation Area (86 Stat. 612), the regulations of 
this subpart establish standards for the use, subdivision and 
development of privately owned property within the boundaries of the 
Sawtooth National Recreation Area. The standards are in furtherance of 
the preservation and protection of the natural, scenic, historic, 
pastoral, and fish and wildlife values and to provide for the 
enhancement of the recreational values of the Recreation Area. Unless, 
in the judgment of the Secretary, such property is being used, or is in 
imminent danger of being used, in a manner incompatible with such 
standards, the property or any interest therein may not be acquired by 
condemnation. However, private land or an interest therein, determined 
to be necessary for access to and utilization of public property, and 
for recreation and other facilities, may be condemned without regard to 
this restriction, subject however, to the limitation in Sec.  292.15(j).
    (b) Amendment of regulations. Amendments to these regulations shall 
be made in accordance with the Administrative Procedures Act (60 Stat. 
238, 5 U.S.C. 553), including the publishing of the amendments as a 
notice of proposed rulemaking with final adoption after interested 
persons have been given an opportunity to participate in the rulemaking 
through submission of comments.
    (c) Definitions--(1) Cluster-type development. Planned unit 
development which allows flexibility in neighborhood and subdivision lot 
design by dedicating or reserving the land so saved to open space.
    (2) Community development plan. A narrative plan with maps which 
sets forth specific standards for desirable development of a community.
    (3) Designated community. A populated area divided into lots, blocks 
and streets as platted and recorded in the official records of the 
county, containing residences and commercial establishments providing 
goods and services and retaining the atmosphere of a western frontier 
ranch-type town and so classified in Sec.  292.15(a).
    (4) Dude ranching. Development oriented to furnish an outdoor 
recreational or educational experience related to ranching. Facility 
development is compatible with the pastoral environment, rustic in 
nature and harmoniously colored.
    (5) Mineral operations. All functions, work and activities in 
connection with exploration, development, mining or processing of 
mineral resources except prospecting which will not cause significant 
surface disturbance and will not involve removal of more than a 
reasonable amount of mineral deposit for analysis and study.
    (6) Private property. Lands or interests in lands not owned by 
Federal, State, or local governments but not including unpatented mining 
claims.
    (7) Ranch-type character. A low profile, rambling, well-
proportioned, rustic appearing, rough-sawn wood or wood and stone 
structure or group of structures harmoniously situated within a natural 
environment.
    (8) Residential outbuilding. Nonhabitable building detached from the 
residence, such as a garage, woodshed or storage building.
    (9) Secretary. Secretary of Agriculture.
    (10) Area Ranger. The Forest Officer having administrative authority 
for the Sawtooth National Recreation Area.

[39 FR 11544, Mar. 29, 1974]