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Notes

36 C.F.R. §§ 223.5–223.11

7 sections in range

§223.5. Scope of free use granted to individuals.

36 C.F.R. § 223.5

(a)
Free use may be granted to individuals for firewood for personal use, except that such use may be limited to bona fide settlers, miners, residents and prospectors living within or immediately adjacent to the National Forest when the available supply is insufficient to meet the total demand. Free use may be granted to such bona fide settlers, miners, residents and prospectors for minerals, for fencing, building, mining, prospecting and domestic purposes.
(b)
Free use will be granted individuals primarily to aid in the protection and silvicultural improvement of the forests. Except in unusual cases, the material will be restricted to dead, insect-infested, or diseased timber, logging debris, and thinnings. Other material may be granted in unusual cases where its refusal would cause unwarranted hardship. Where limited supply or other conditions justify such action, the free use of green material may be refused.
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.

§223.6. Cutting and removal of timber in free-use areas.

36 C.F.R. § 223.6

Supervisors may designate portions or all of a National Forest as free-use areas where such action is compatible with land management plans and shall give public notice of their action. Within such free-use areas, any dead timber or any green timber previously marked or designated by forest officers may be cut and removed for personal use for domestic purposes. Cutting and removal of timber in free-use areas shall be in accordance with such rules as may be prescribed by the district ranger to prevent fires, minimize damage to uncut trees and other resources, and to avoid confusion among users.
Notes, amendments, and revision history

Amendments

[42 FR 28252, June 2, 1977, as amended at 44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2760, Jan. 23, 1984]

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.

Amendments

[42 FR 28252, June 2, 1977, as amended at 44 FR 73029, Dec. 17, 1979. Redesignated at 49 FR 2760, Jan. 23, 1984]

§223.7. Permission for free use of timber outside free-use areas.

36 C.F.R. § 223.7

Similar material may be cut outside of a free-use area without permit in cases of emergency, but the person taking such material shall promptly notify the district ranger. Small quantities of material needed by transients while in the forest may also be taken without permit; subject to such rules as may be prescribed pursuant to § 261.70. In all other cases permits will be required for green material.
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.

§223.8. Delegations of authority to approve free use by individuals.

36 C.F.R. § 223.8

(a)
Forest officers whom the supervisor may designate are authorized to grant free use of timber to individuals up to $200 in value in any one fiscal year. Supervisors may grant permits for material not exceeding $5,000 in value. Regional Foresters may approve permits for larger amounts, and in times of emergency may delegate authority to supervisors for not over $10,000 in value. Prior review by the Chief of the Forest Service will be given if the amount involved exceeds $10,000 in value.
(b)
Regional Foresters may authorize supervisors to permit the removal of specific classes of material without scaling or measurement.
Notes, amendments, and revision history

Amendments

[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2760, Jan. 23, 1984, as amended at 71 FR 525, Jan. 4, 2006]

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.

Amendments

[42 FR 28252, June 2, 1977. Redesignated at 49 FR 2760, Jan. 23, 1984, as amended at 71 FR 525, Jan. 4, 2006]

§223.9. Free use to owners of certain mining claims.

36 C.F.R. § 223.9

Free use will be granted to an owner of a mining claim located subsequent to July 23, 1955, or of a mining claim which is otherwise subject to Section 4 of the Act of July 23, 1955 (69 Stat. 367), if at any time said claim owner requires more timber for his mining operations, in connection with that claim, than is available on that claim because of Forest Service timber disposal therefrom subsequent to location of that claim. He will be granted, free of charge, timber from the nearest National Forest land which is ready for harvesting under the applicable management plan, substantially equivalent in kind and quantity to that estimated by the Forest Service to have been cut under Forest Service authorization from the claim subsequent to its location, Forest officers may be delegated authority to grant amounts of timber not in excess of those which these officers are authorized to sell in commercial sales.
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.

§223.10. Free use to Alaskan settlers, miners, residents, and prospectors.

36 C.F.R. § 223.10

Bona fide settlers, miners, residents, and prospectors for minerals in Alaska may take free of charge green or dried timber from the National Forests in Alaska for personal use but not for sale. Permits will be required for green saw timber. Other material may be taken without permit. The amount of material granted to any one person in 1 year shall not exceed 10,000 board feet of saw timber and 25 cords of wood, or an equivalent volume in other forms. Persons obtaining materials shall, on demand, forward to the supervisor a statement of the quantity taken and the location from which it was removed.
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.

§223.11. Free use to other Federal agencies.

36 C.F.R. § 223.11

(a)
National Forest timber will be granted free of charge to other branches of the Federal Government when authorized by law. Permits may be approved by forest officers for amounts not greater than they are otherwise authorized to sell.
(b)
Permits for timber issued hereunder shall be in accordance with the conditions prescribed in § 223.30. The permittee may be required to report to the supervisor the amount of timber, by species, actually cut or may be required to furnish scalers for work under the direction of the forest officers in charge or, if authorized, to provide funds for the employment by the Forest Service of scalers to scale or measure the timber cut. The permittee may be required to dispose of the slash as cutting proceeds, or to employee people to work under the direction of a forest officer in disposing of the slash, or, if authorized, to provide funds for the employment of people for slash disposal under the direction of a forest officer.
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.