[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: 36CFR292.24]

[Page 354]
 
              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.  292.24  Determination of compliance and noncompliance.

    (a) Compliance. Landowners may request a determination by the Forest 
Service as to whether an existing or a proposed use or development 
complies with the relevant standards set out in this subpart.
    (1) Requests for a determination of compliance must be made in 
writing to the Ranger and include the following information:
    (i) The current land category to which the land is assigned (Sec.  
292.23);
    (ii) The use of development that exists or that is proposed for the 
property;
    (iii) A statement as to whether a change in the land category 
assignment will be necessary to accommodate the proposed use or 
development;
    (iv) The timeframe for implementing the proposed use or development; 
and
    (v) A statement as to how the proposed use or development satisfies 
the relevant standards of Sec.  292.23 of this subpart.
    (2) The Ranger shall review the request and notify the landowner in 
writing within 45 days whether the existing or proposed use or 
development is in compliance with Sec.  292.23 of this subpart. The 
Ranger may extend the time for making a compliance determination by 30 
days if additional information is needed.
    (b) Noncompliance. (1) In the event that the Forest Service 
determines that an existing or proposed use of development is not in 
compliance with the standards of Sec.  292.23 of this subpart, the 
Ranger shall give the landowner written notice of the manner and nature 
of noncompliance. To the extent practicable, the notice will include 
suggestions for achieving compliance. The notice also must include a 
statement that the violation of a standard or standards and the failure 
to cure such violation may result in the initiation of condemnation 
proceedings by the Secretary.
    (2) The Forest Service may initiate a noncompliance determination on 
its own without having first received a landowner request.
    (c) Written petition. The landowner may file a written petition with 
the Forest Supervisor for a review of a decision of compliance or 
noncompliance. The Forest Supervisor shall render a decision within 30 
days of the receipt of the petition. A decision by the Forest Supervisor 
constitutes the final administrative determination by the Department of 
Agriculture. Petitions of decisions on lands within the Rapid River Wild 
and Scenic River Corridor should be addressed to the Forest Supervisor, 
Nez Perce National Forest, Route 2, P.O. Box 475, Grangeville, Idaho 
83450. All other petitions should be addressed to the Forest Supervisor, 
Wallowa-Whitman National Forest, P.O. Box 907, Baker City, Oregon 97814.