§223.12. Permission to cut, damage, or destroy trees without advertisement.
36 C.F.R. § 223.12
Permission may be granted to cut, damage, or destroy trees, portions of trees, or other forest products on National Forest System lands without advertisement when necessary for the occupancy of a right-of-way or other authorized use of National Forest System land. Payment for timber of merchantable size and quality will be required at its appraised value, but at not less than applicable minimum prices established by Regional Foresters, and payment will be required for young growth timber below merchantable size at its damage appraisal value. Payment will not be required:
For timber necessarily killed or cut in connection with land uses which are of substantial benefit to the National Forests;
For timber necessarily killed or cut and used by the permittee which would have been granted free under other applicable regulations; or
For timber which will be cut by the permittee which the Forest Service retains for sale in log or other product form.
Notes, amendments, and revision history
Authority
Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j, 25 U.S.C. 3055 and 3057, 113 Stat. 1501a, 16 U.S.C. 528 note; unless otherwise noted. Link to an amendment published at 73 FR 79386, Dec. 29, 2008. This amendment was delayed until Mar. 30, 2009 at 74 FR 5107, Jan. 29, 2009. This amendment was further delayed until May 29, 2009 at 74 FR 14049, Mar. 30, 2009. This amendment was delayed indefinitely at 74 FR 26091, June 1, 2009.
Source
Source: 42 FR 28252, June 2, 1977, unless otherwise noted. Redesignated at 49 FR 2760, Jan. 23, 1984.