[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: 36CFR292.20]

[Page 350-351]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 292_NATIONAL RECREATION AREAS--Table of Contents
 
      Subpart E_Hells Canyon National Recreation Area_Private Lands
 
Sec.  292.20  Purpose and scope.

    Authority: 89 Stat. 1117; 16 U.S.C. 460gg-460gg-13.

    Source: 59 FR 30497, June 13, 1994, unless otherwise noted.


    (a) Purpose. The Act establishing the Hells Canyon National 
Recreation Area (hereafter referred to as HCNRA) (16 U.S.C. 460gg-460gg-
13) encourages the retention of traditional and valid uses of private 
land within the HCNRA, such as ranching, grazing, farming, timber 
harvesting, and the occupation

[[Page 351]]

of homes and lands associated therewith, as they existed at the time the 
HCNRA was established on December 31, 1975. To this end, the Act directs 
the Secretary of Agriculture to promulgate regulations establishing 
standards for the use and development of private land within the HCNRA 
and grants the Secretary limited condemnation authority to address 
situations where the standards are not met. The purpose of this subpart 
is to establish standards that would guide the Secretary's consideration 
of the use of the limited condemnation authority granted by the Act.
    (b) Scope. The regulations in this subpart establish standards 
applicable to all private property within the boundaries of the HCNRA, 
including that within the boundaries of the Rapid, Snake, and Imnaha 
Wild and Scenic Rivers and the Hells Canyon Wilderness. The regulations 
in this subpart do not operate to restrict the use and development of 
private property; rather, they serve to inform the landowner of those 
uses that are compatible with purposes for which the HCNRA was 
established. Uses not compatible with these standards could result in 
the Secretary acquiring land or interests therein without a landowner's 
consent.
    The regulations in this subpart, in and of themselves, do not effect 
a taking of private property, including valid, existing water rights, 
nor do the standards established in this subpart limit or restrict a 
private landowner's property use that is compatible with the purposes of 
the Act. The Responsible Official may use the regulations in this 
subpart solely to determine whether private land uses or developments 
are compatible with the purposes and direction of the Act and, if not, 
to determine whether the Secretary should consider initiating 
condemnation proceedings to acquire land or scenic easements.