Title 36--PARKS, FORESTS, AND PUBLIC PROPERTY
Chapter II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE


the Forest Service, U.S. Department of Agriculture, is located in the Auditors Building, 14th and Independence Avenue, SW. Washington, DC. It consists of the Office of the Chief...


regions, stations, and areas as described below: (a) Regions of the National Forest System. For the purpose of managing the lands administered by the Forest Service,...


laws authorizing activities of the Forest Service are set forth in the U.S.C. in title 7 (Agriculture), chapters 14, 17, 33, 55, 59, and 61; title 16 (Conservation),...


Agriculture governing the protection and administration of National Forest System lands and other programs of the Forest Service are set forth in Chapter 2 of Title 36 of...


both unnecessary and impractical because of the large volume of material involved. However, copies of the indexes are available for public review in the Forest...


accordance with 5 U.S.C. 552(a) and 7 CFR 1.2, the Forest Service shall make available for public inspection and copying all published or unpublished directives, forms, records,...


records are governed by the rules at 7 CFR 1.6. Agency officials are authorized to receive and act on requests for records as follows: (a) The Regional Forester,...


200.7 shall be submitted in accordance with U.S. Department of Agriculture rules at 7 CFR part 1, subpart A, and the appendix to subpart A to the Chief, Forest Service,...


Land Status Records System is the official, permanent repository for all agency realty records and land title documents for National Forest System lands. It includes...


practicable, to enforce State fire, game, and health laws. They are authorized to accept appointments, without compensation, as deputy State fire wardens, game wardens,...


hereby authorized to enter into such agreements with private owners of timber, with railroads, and with other industrial concerns operating in or near the national forests as...


apply: (1) Prescribed fire means a fire burning under a set of specified conditions [[Page 14]] which will accomplish certain planned...


(a) Purpose and scope. Forest Service officers, when engaged in cooperative activities otherwise authorized, may receive monies from cooperators only...


Chief, Forest Service, Department of Agriculture. Construction engineering. All work and expense of setting out, controlling, inspecting, and measuring the construction...


other unit of the National Forest System as defined in Sec. 212.1 and listed in 36 CFR part 200, subpart A, the Forest Supervisor or other responsible official must develop and...


shall be negotiated, approved, and executed in accordance with procedures prescribed by the Chief. (b) Cooperative funds contributed in advance shall be deposited...


funds shall be directed to what is necessary and economically justified for protection, administration, development, and multiple-use management of the federally owned...


to all National Forest System roads under the jurisdiction of the Forest Service except when in conflict with written agreement. (1) General. Traffic on roads is subject...


utilization of lands administered by the Forest Service and intermingled and adjacent private and public lands, and for the use and development of the resources...


parts of a system of a State, county, or other local subdivision. National Forest System roads which are or will be parts of a road system of a State, county, or other...


(a) Permission to construct or use roads across lands and assignable easements owned by the United States and administered by the Forest Service. If a reciprocal benefit is needed...


in accordance with the following: (a) Road improvement. Use of a road for commercial hauling, except occasional or minor amounts, will be conditioned upon improvement...


Forest System roads within and near the National Forests and other lands administered by the Forest Service in locations and according to specifications which...


identified in the forest trail atlas and on maps, which are to be available to the public at Forest Supervisor and District Ranger offices. Trails must be clearly marked on...


Act, 82 Stat. 919, shall be administered primarily as a footpath and horseback riding trail by the Forest Service in consultation with the Secretary of the Interior....


(a) The land utilization projects administered by Department of Agriculture designated in paragraph (e) of this section hereafter shall be named and referred to as...


The Chief, Forest Service, is authorized to group the national grasslands into administrative units, define, change or modify their boundaries, and to...


(a) The rules and regulations applicable to the national forests as set forth in title 36, Code of Federal Regulations, or as hereafter amended, supplemented,...


213.3, the rules and regulations heretofore issued for the land utilization projects are hereby superseded as to all such projects administered by the Forest Service, but not...


this part establishes a process by which the public receives notice and is provided an opportunity to comment on proposed actions for projects and activities implementing...


address. An e-mail address is insufficient for identification. Appeal--The written document filed with an Appeal Deciding Officer by someone seeking review of...


legal notice (Sec. 215.5) and opportunity to comment procedures (Sec. 215.6) apply only to: [[Page 28]] (a) Proposed projects and activities implementing land...


legal notice (Sec. 215.5) and opportunity to comment (Sec. 215.6) do not apply to: (a) Projects and activities which are categorically excluded from documentation in...


shall: (1) Provide notice of the opportunity to comment on a proposed action implementing the land and resource management plan. (2) Determine the most...


submission of comments. (i) Environmental Assessment. Comments on the proposed action shall be accepted for 30 days following the date of publication of the legal...


the Record of Decision (ROD) or the Decision Notice (DN) and Finding of No Significant Impact (FONSI) to those who requested the decision document and those who...


be filed with the Appeal Deciding Officer as follows: ------------------------------------------------------------------------ If the responsible official who made the...


implementation of the decision may begin on, but not before, the 5th business day following the close of the appeal-filing period (Sec. 215.15). (b) Except...


the Forest Service are authorized to make the determination that an emergency situation (Sec. 215.2) exists, and they may delegate this authority only to the Deputy...


this part: (a) Decisions for projects and activities implementing land and resource management plans (Sec. 215.2) documented in a Record of Decision (ROD) or...


actions are not subject to appeal under this part, except as noted: (a) The amendment, revision, or adoption of a land and resource management plan that includes a...


or oral comments during the 30-day comment period for an environmental assessment, or 45-day comment period for a draft environmental impact statement (Sec. 215.6, 40...


project- or activity-specific evidence and rationale, focusing on the decision, to show why the Responsible Official's decision should be reversed...


any attachments, must be filed with the Appeal Deciding Officer within 45 days following the publication date of the legal notice of the decision in the newspaper...


dismiss an appeal without review when one or more of the following applies: (1) The postmark on an appeal mailed or otherwise filed (for example, express mail service) or...


Official, or designee, must contact the appellant and offer to meet and discuss resolution of the issues raised in the appeal. This contact shall be made as soon...


Deciding Officer shall complete a review based on the appeal record (Sec. 215.2) and the Appeal Reviewing Officer's recommendation (Sec. 215.19(b)). (b) Disposition....


be: (1) Designated by the Chief or designee, and shall be a line officer at least at the level of the agency official who made the initial decision on the project...


of Agriculture from exercising any statutory authority regarding the protection, management, or administration of National Forest System lands. (b) Decisions of...


any filing for Federal judicial review of a decision subject to appeal is premature and inappropriate unless the plaintiff has first sought to invoke and exhaust the...


set out in this part, except as noted in paragraph (b) below, apply to all projects and activities for which legal notice is published pursuant to Sec. 215.5 on or...


the public have adequate notice and opportunity to comment upon the formulation of standards, criteria, and guidelines applicable to Forest...


subject matter. The volumes contain legal authorities, responsibilities, delegations, and general instruction and direction needed on a continuous basis by Forest Service...


in this part do not apply to-- (1) Rules or regulations promulgated according to the requirements of the Administrative Procedure Act, 5 U.S.C. 553; ...


for formulating Manual directives containing applicable standards, criteria, and guidelines shall determine whether substantial public interest or controversy...


pursuant to Sec. 216.4(b), and the reasons therefor, in a concise written summary. The summary may be combined with documentation required by NEPA procedures or...


(a) Where it is determined that substantial public interest or controversy concerning a proposed Manual directive can be expected, the following minimum requirements for notifying...


an exigency exists, an interim Manual directive that is determined to be of substantial public interest or expected controversy may be issued in advance of providing...


copies of proposed Manual directives determined to be of substantial public interest or expected controversy shall be available in the Forest Supervisor's Office and...


(16 U.S.C. 1604, 1613). Source: 65 FR 67568, Nov. 9, 2000, unless otherwise noted. Purpose and Principles (a) Land...


(a) The first priority for planning to guide management of the National Forest System is to maintain or restore ecological sustainability of...


a flexible process for fitting solutions to the scope and scale of needed action. Planning, conducted according to the planning framework outlined in Secs....


originate from a variety of sources including, but are not limited to: inventories, assessments, analyses, monitoring and evaluation of projects; discussions among people...


issue should receive consideration, the responsible official should review relevant information such as inventories, broad-scale assessments, local analyses, or...


revise a plan, propose a site-specific action, or both. (b) NEPA requirements. Unless otherwise provided by law, the responsible official must analyze the effects of...


and provide the basis for future agency action. Plan decisions link the requirements of laws, regulations, Executive Orders, policies, and the Forest Service...


or more of the decisions of a plan (Sec. 219.7). An amendment decision must be based on the identification and consideration of issues (Sec. 219.4), applicable information...


by 16 U.S.C. 1604(f)(5). The revision process is a review of the overall management of a unit of the National Forest System and an opportunity to consider the likely...


valid existing rights and appropriate statutes, the responsible official must provide opportunities for collaboration consistent with Sec. 219.12 through Sec. 219.18,...


Each plan must contain a practicable, effective, and efficient monitoring strategy to evaluate sustainability in the plan area (Secs. 219.19-219.21). The strategy must...


promote sustainability, the responsible official must actively engage the American public, interested organizations, private landowners, state, local, and Tribal...


and frequent coordination with appropriate federal agencies and may provide opportunities: (a) For interested or affected federal agencies to participate in...


early and frequent opportunities for state and local governments to: (a) Participate in the planning process, including the identification of issues; and ...


shares in the federal government's overall trust responsibility for federally recognized American Indian tribes and Alaska Natives. (b) During planning, the...


must: (a) Make planning information available to the extent allowed by law; (b) Conduct planning processes that are fair, meaningful, and open to persons...


collaborate with those who have control or authority over lands adjacent to or within the external boundaries of national forests or grasslands to...


provide an immediate, representative, and predictable structure within which public dialogue can occur and the Forest Service can develop relationships with diverse communities...


interdependent ecological, social, and economic elements, embodies the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.) without impairment to the productivity of...


must ensure that plans provide for maintenance or restoration of ecosystems at appropriate spatial and temporal scales determined by the responsible official. ...


the responsible official involves interested and affected people in planning for National Forest System lands (Secs. 219.12-219.18), provides for the development...


ensure that the best available science is considered in planning. The responsible official, when appropriate, should acknowledge incomplete or unavailable information,...


If the Forest Service is leading a broad-scale assessment, the assessment must be led by a Chief Scientist selected by the Deputy Chief of Research and Development....


plan amendments and revisions are consistent with the best available science. The responsible official may use a science advisory board (Sec. 219.25) to assist in...


Deputy Chief for Research and Development must establish, convene, and chair a science advisory board to provide scientific advice on issues identified by the Chief of...


suitable for a wide variety of public uses, such as outdoor recreation, livestock grazing, timber harvest, off-road vehicle travel, or other uses except where lands...


higher authorities or, to the extent permitted by law, adopt special designations through plan amendment or revision. Special designations are areas within the National...


not be harvested. The plan must identify lands [[Page 56]] within the plan area where timber may not be harvested. These lands include: (1) Lands...


responsible official must estimate the amount of timber that can be sold annually in perpetuity on a sustained-yield basis from National Forest System lands other than...


displays the desired conditions, objectives, standards, and other plan decisions that apply to a unit of the National Forest System. [[Page 57]] The plan...


Supervisor must maintain a complete set of the planning documents required under Sec. 219.30 that constitute the plan for the unit. The set of documents must be...


or revision prepared under the provisions of this subpart, except for an amendment or revision proposed by the Chief. The objection must be filed within 30...


conjunction with a plan amendment or revision, a person may object to the proposed plan amendment or revision as described in (Sec. 219.32). If a decision is made to authorize...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR219.34] [Page 59] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 219--PLANNING--Table of Contents Subpart A--National Forest System Land and Resource Management Planning Sec. 219.34 Applicability. The provisions of this subpart are applicable to all units of the National Forest System as defined by 16 U.S.C. 1609. ...


the completion of the revision process (Sec. 219.9) for each unit of the National Forest System. During the transition period, the responsible official must consider the...


out in alphabetical order in this section as follows: Adaptive management: An approach to natural resource management wherein the effects of policies, plans, and actions...


revised, as needed, for working circles or other practicable units of national forest. Such plans shall: (1) Be designed to aid in providing a continuous supply of...


1901), 85 Stat. 649, as amended (16 U.S.C. 1331-1340); sec. 1, 30 Stat. 35, as amended (18 U.S.C. 551); sec. 32, 50 Stat. 522, as amended (7 U.S.C. 1011). Source: 42...


the National Forest System and on other lands under Forest Service control where the land is available for grazing. Associated private and other public lands should, but only...


by the Chief, Forest Service, all grazing and livestock use on National Forest System lands and on other lands under Forest Service control must be authorized by a grazing...


cancel, modify, or suspend grazing and livestock use permits in whole or in part as follows: (1) Cancel permits where lands grazed under the permit are to be devoted...


(a) Whenever a term permit for grazing livestock on National Forest land in the 16 contiguous western States is canceled in whole or in part to devote the lands covered by...


The Chief, Forest Service, is authorized to recognize, cooperate with, and assist local livestock associations in the management of the livestock and...


weeds, and use of pesticides. (a) Insofar as it involves National Forest System lands and other lands under Forest Service control or the livestock which...


maintain structural and nonstructural range improvements needed to manage the range resource on National Forest System lands and other lands controlled by the...


through funds from the rangeland management budget line item and the Granger-Thye Act, and deposited and nondeposited cooperative funds, range development may also...


to graze livestock on National Forest System lands with headquarters, office in the 16 contiguous western States having jurisdiction over more than 500,000 acres of...


sec. 1, 30 Stat. 35, as amended (16 U.S.C. 551); sec. 32, 50 Stat. 522, as amended (7 U.S.C. 1011); 92 Stat. 1803 (43 U.S.C. 1901 note). Source: 45 FR...


(a) The Chief, Forest Service, shall: (1) Administer wild free-roaming horses and burros and their progeny on the National Forest System in the areas where they now...


estray laws of branded or unbranded horses or burros within a wild horse or burro territory or range on the National Forest System where such animals are not authorized...


Sec. 222.20(b)(13) which are introduced onto Wild Horse and Burro Territories or ranges after December 15, 1971, by accident, negligence, or willful disregard of...


Service, is authorized to use helicopters, fixed- wing aircraft, and motor vehicles in a manner that will ensure humane treatment of wild free-roaming horses and burros as...


National Forest System or public lands. Individual animals and herds of wild free-roaming horses and burros will be under the protection of the Chief, Forest Service,...


land upon which wild free-roaming horses and burros have strayed from the National Forest System may request their removal by calling the nearest office of either the Forest...


Owners of land who wish to maintain wild free-roaming horses and burros which have strayed onto their lands from the National Forest System may do so by notifying the...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR222.28] [Page 75] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 222--RANGE MANAGEMENT--Table of Contents Subpart B--Management of Wild Free-Roaming Horses and Burros Sec. 222.28 Agreements. The Chief, Forest Service, may enter into agreements as he deems necessary to further the protection, management, and control of wild free-roaming horses and burros. ...


he determines over- population of wild horses and burros exists and removal is required, take immediate necessary action to remove excess animals from that particular...


wild free- roaming horses or burros may be disposed of in any customary manner acceptable under applicable State sanitary statutes including disposal through a...


their status under the 1971 Wild Horses and Burros Act. (a) Upon passage of title pursuant to Sec. 222.29 (d) and (e). (b) Upon transfer to private maintenance and...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR222.32] [Page 76] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 222--RANGE MANAGEMENT--Table of Contents Subpart B--Management of Wild Free-Roaming Horses and Burros Sec. 222.32 Use of non-Forest Service personnel. The Chief, Forest Service, may authorize the use of non-Forest Service personnel to assist in specific situations of short duration. ...


shall be carried out in consultation with the appropriate agencies of the State involved. The expert advice of qualified scientists in the fields of biology and ecology...


attend meetings of the National Advisory Board for Wild Free-Roaming Horses and Burros and to function as prescribed by the Memorandum of Agreement between...


studies of the habits and habitat of wild free-roaming horses and burros that he may deem necessary. In doing so, he shall consult with the appropriate agencies of...


power to arrest without warrant, any person committing in the presence of the employee a violation of the Act and to take such person immediately for examination or trial...


FR 1986 Comp., p. 188. (a) Fees shall be charged for all livestock grazing or livestock use of National Forest system lands, or other lands under Forest...


Forests and Land Utilization Projects in the 16 contiguous Western States of Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico,...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR222.52] [Page 78] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 222--RANGE MANAGEMENT--Table of Contents Subpart C--Grazing Fees Sec. 222.52 National Grasslands. Grazing fees for National Grasslands will be established under concepts and principles similar to those in Sec. 222.51(b). [44 FR 24843, Apr. 27, 1979] ...


222.54 of this subpart, the fee charged for commercial livestock grazing use and occupancy on National Forest System (NFS) lands in the States of New York, Missouri, Vermont,...


rules of this section apply to grazing fees for any allotment established or vacated on National Forest System lands in the Eastern or Southern Regions, as of February 26,...


other forest products on National Forest System lands may be sold for the purpose [[Page 83]] of achieving the policies set forth in the Multiple-Use...


trees, or other forest products in any amount on National Forest System lands may be disposed of for administrative use, by sale or without charge, as may be most advantageous...


trees or other forest products cut in trespass from National Forest System lands) may be sold to the highest bidder under specific authorization from the Regional Forester....


trees may be exchanged for land under laws authorizing the exchange of National Forest timber. Cutting of exchange timber must comply with the purposes cited in...


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...


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....


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....


(a) Forest officers whom the supervisor may designate are authorized to grant free use of timber to individuals up to $20 in value in any one fiscal year. Supervisors may...


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....


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...


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...


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...


that such use is in compliance with applicable land management plans and is conducted in a manner which protects National Forest System resource values. (92 Stat....


trees or other forest products may be authorized on any National Forest System lands, except for: (1) Timber reserved by a grantor of land, during the life of...


requirements. Contract Conditions and Provisions The approving officer will insure that each timber sale contract, permit or...


years in duration, unless there is a finding by the Chief, Forest Service, that better utilization of the various forest resources (consistent with the provisions of...


2 years or more shall provide for the filing of an operating plan as soon as practicable after execution of the contract, such plan shall be a part of the contract. The plan...


exceeding 7 years in duration, and those of shorter duration to the extent found desirable by the approving officer, will provide for the redetermination of rates for...


and forest products be paid for in advance of cutting, unless the contract authorizes the purchaser to furnish a payment guarantee satisfactory to the Forest Service....


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR223.35] [Page 86] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER--Table of Contents Subpart B--Timber Sale Contracts Sec. 223.35 Performance bond. Timber sale contracts may require the purchaser to furnish a performance bond for satisfactory compliance with its terms. ...


provide for volume determination by scaling, measuring, weighing, or counting the logs or other products, or by measuring the trees before cutting. If the contract or...


and other documents authorizing the cutting or removal of timber or forest products shall require the purchaser to treat temporary roads constructed or used thereunder so...


under timber sale contracts, permits and other documents authorizing the cutting or removal of timber or forest products shall be designed to standards appropriate...


Timber sale contracts, permits, and other such instruments, authorizing the harvesting of trees or other forest products, with terms of longer than 2 years,...


Each contract having a provision for construction of specified roads with total estimated construction cost in excess of $20,000 will include a provision to ensure that if...


may permit transfer of unused effective purchaser credit earned after December 16, 1975, from one timber sale account to another timber sale account of the same purchaser...


(a) The amount of purchaser credit which may be transferred into a given sale shall be limited to the difference [[Page 88]] between remaining current contract value...


To assure protection of the United States in connection with the implementation of this regulation, contract provisions shall not prevent the Forest Service...


As used in Secs. 223.42 and 223.43, the term Purchaser includes any single individual, corporation, company, firm, partnership, joint venture, or other business entity or the...


may provide for adjustment of the termination date to provide additional time to compensate for delays in road construction and timber removal due to those causes beyond...


(a) The date of completion of permanent road construction obligations as set forth in the Notice of Sale shall be incorporated into the timber sale contract. (b) This date...


(a) Contracts for the sale of unprocessed timber from National Forest System lands located west of the 100th meridian in the contiguous 48 States and Alaska, awarded...


terms listed in this paragraph shall have the following meaning: (1) Total bid value is the sum of the products obtained by multiplying the rate the purchaser bid for...


the following terms have the meaning given: (1) Total contract value is the product of the estimated volume of the sale multiplied by the rates bid by the purchaser....


patterns on timber sales to determine if speculative bidding is occurring or if Purchasers are bidding in such a way that they would be unable to perform their...


(1) Except as provided in paragraph (a)(3) of this section, each timber sale contract exceeding 1 year in length shall contain a provision for the addition of time to...


is substantial, overriding public interest in extending National Forest System timber sale contracts for undamaged (green) timber not requiring expeditious removal in order...


timber appraisals is to determine fair market value. Fair market value is estimated by such methods as are authorized by the Chief, Forest Service, through issuance of...


Service, shall establish minimum stumpage rates, i.e., ``base rates,'' for species and products on individual National Forests, or groups of National Forests. Timber shall be...


also establish stumpage value as if unconstructed roads or other developments needed by the purchaser for removal of the timber were in place. When timber is appraised and sold...


its appraised value, or its appraised value plus specified road costs. In either event, the advertised rates shall be not less than minimum stumpage rates, except that sales...


Timber may be appraised and sold at a lump-sum value or at a rate per unit of measure which rate may be adjusted during the period of the contract and as therein specified...


The value of timber in land exchange or the value of timber required to be cut for occupancy of a right-of-way or other authorized use of National...


in this part each sale in which the appraised value of the timber or other forest products exceeds $10,000 will be made only after advertisement for a period of 30 days or, if...


where prompt removal of timber included in a sale is essential to avoid deterioration [[Page 97]] or to minimize the likelihood of the spread of...


include the following information: (1) The location and estimated quantities of timber or other forest products offered for sale. (2) The time and place...


specify, as a minimum: (1) The minimum acceptable stumpage or other unit prices and the amount or rate of any additional required deposits. (2) The amount of...


credits. For each sale described in Sec. 223.82(b), the bid form must include provision for a small business concern: (a) To elect road construction by...


sell, within their authorization, without further advertisement, at not less than appraised value, any timber previously advertised for competitive bids but not sold because of...


(a) Except as otherwise provided in this section, no bid will be considered in the resale of timber remaining from any uncompleted timber sale...


have a bid considered responsive for a sale of timber from National Forest System lands, each bidder must certify that the bidder is eligible to purchase timber from National...


timber shall be offered through either sealed or oral auction bidding. The method chosen for each sale will: (1) Insure open and fair competition, (2) Insure...


a sale may be required to furnish a statement of his relation to other bidders or operators, including, if desired by the supervisor or Regional Forester, a certified statement...


shall be awarded to the responsible bidder submitting the highest bid that conforms to the conditions of the sale as stated in the prospectus unless: (a) Determination...


Contracting Officer shall not award a timber sale contract unless that officer makes an affirmative determination of purchaser responsibility. In the absence of information...


If the highest bid is not accepted and the sale is still deemed desirable, all bids may be rejected and the timber readvertised; or, if the highest bidder cannot meet...


advertised as set aside for competitive bidding by small business concerns, award will be made to the highest bidder who qualifies as a small business concern and who has not...


after approval of conditions of sale, may authorize Regional Foresters formally to execute timber sale contracts and related papers in sales exceeding the volume which...


This section is to implement the provisions of section 242 (a), (b), and (c) of the Disaster Relief Act of 1970 (84 Stat. 1956) which relate to contracts for the sale...


be modified only when the modification will apply to unexecuted portions of the contract and will not be injurious to the United States. Modifications may be made by the...


conform to forest plans. Timber sale contract, permits, and other such instruments may be modified to prevent environmental damage or to make them consistent...


third party to acquire the rights of a purchaser under a timber sale contract may be recognized and approved by the Forest Service except in writing, signed by the officer...


shall not be extended unless the approving officer finds: (a) That the purchaser has diligently performed in accordance with contract provisions and an approved plan...


may be canceled: (1) For serious or continued violation of their terms. (2) Upon application, or with the consent of the purchaser, when such action is of advantage...


With respect to sustained yield units established pursuant to the provisions of the Act of March 29, 1944 (58 Stat. 132; 16 U.S.C. 583- 583l), the Chief, Forest...


recomputation decisions. (a) Decisions subject to appeal. The rules of this section govern appeal of recomputation decisions related to structural, special,...


unless otherwise noted. (a) This subpart prescribes policies and procedures governing the debarment and suspension of purchasers of National Forest System...


purchasers of National Forest System timber as well as to those persons who violate the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620, et...


and consider timber sale bids from and award contracts only to responsible business concerns and individuals. Debarment and suspension by the Forest Service are...


following terms shall have the meanings set forth below: Adequate evidence means information sufficient to support the reasonable belief that a particular act or...


(a) The Deputy Chief, National Forest System, shall compile and maintain a current list of National Forest System timber purchasers and affiliates who are debarred, suspended,...


in paragraph (b) of this section, purchasers debarred or suspended in accordance with this subpart shall be excluded from bidding on or award of Forest Service timber...


the procedures in Sec. 223.138, the debarring official may in the public interest, debar a purchaser for any of the causes listed in Sec. 223.137. However, the existence of...


may debar a purchaser for any of the following causes: (a) Conviction of or civil judgment for: (1) Theft, forgery, bribery, embezzlement, falsification...


referral. Information which may be sufficient cause for debarment of a timber sale purchaser and affiliates shall be reported to the Forest Service Debarring...


be for a period commensurate with the seriousness of the cause(s): (1) The debarring official shall consider any suspension period or period since issuance of the notice...


Debarment of a purchaser constitutes debarment of all divisions or other organizational elements of the purchaser, unless the debarment decision is limited by its terms...


in the public interest, suspend a purchaser on the basis of adequate evidence for any of the causes in Sec. 223.142, using the procedures in Sec. 223.143. However,...


may suspend a purchaser suspected, upon adequate evidence, of the following: (1) Commission of: (i) Theft, forgery, bribery, embezzlement, falsification...


referral. Information which may be sufficient cause for suspension under Sec. 223.142 shall be reported to the Forest Service Suspending Official. Generally,...


be for a temporary period pending the completion of investigation and any ensuing legal proceedings unless sooner terminated by the suspending official or as provided in...


be the same as that for debarment (see Sec. 223.140), except that the procedures in Sec. 223.143 shall be used in imposing...


this subpart apply to all timber sale contracts awarded before August 20, 1990, the date of enactment of the Forest Resources Conservation and Shortage Relief Act of 1990 (16...


to the provisions of this section: (a) Export means either direct or indirect export to a foreign country and occurs on the date that a person enters into a contract...


Unprocessed timber from National Forest System lands west of the 100th Meridian in the contiguous 48 States may not: (a) Be exported from the United States; ...


of documents relating to export or substitution and/or other violations of export and substitution requirements by the purchaser of timber from National Forest...


Scope and applicability. Source: 60 FR 46922, Sept. 8, 1995, unless otherwise noted. This subpart implements provisions of the Forest Resources...


Definitions. The following definitions apply to the provisions of this subpart: Acquire means to come into possession of, whether directly or indirectly, through...


Determinations of unprocessed timber. (a) All species except western red cedar. Unprocessed timber, as defined in Sec. 223.186 of this Subpart, does not include...


Prohibitions against exporting unprocessed Federal timber. No person who acquires unprocessed timber originating from Federal lands west of the 100th meridian in...


Prohibitions against substitution. (a) Direct substitution prohibition. Except as otherwise provided by this section: (1) No person may purchase directly from...


Sourcing area application procedures. (a) Subject to the restrictions described in Sec. 223.189 of this subpart and, except as provided in paragraph (b) of this section,...


Sourcing area disapproval and review procedures. (a) Notwithstanding any other provision of law, an applicant whose sourcing area application was submitted by December...


Procedures for a non-manufacturer. (a) Persons who do not own or operate a manufacturing facility (non- manufacturer) are not eligible to apply for or be granted a...


Procedures for reporting acquisition and disposition of unprocessed Federal timber. (a) Annual report. Each person who directly or indirectly acquires or...


Procedures for reporting the acquisition and disposition of unprocessed private timber. (a) Notice of domestic processing requirement. Each person who...


Procedures for identifying and marking unprocessed timber. (a) Highway yellow paint. The use of highway yellow paint on unprocessed logs west of the 100th meridian in...


Civil penalties for violation (a) Exporting Federal timber. If the Secretary of Agriculture finds, on the record and after providing an opportunity for a hearing, that...


Civil penalty assessment procedures. Adjudicatory procedures for hearing alleged violations of this Act and its implementing regulations and assessing penalties shall...


Administrative remedies. In addition to possible debarment action provided under subpart C of this part, the Chief of the Forest Service, or other official to whom...


Procedures for cooperating with other agencies. The Regional Foresters may enter into agreements to cooperate with the Department of the Interior, the Department of...


Determinations of surplus species. (a) Determinations that specific quantities of grades and species are surplus to domestic manufacturing needs and withdrawals of...


Limitations on unprocessed timber harvested in Alaska. Unprocessed timber from National Forest System lands in Alaska may not be exported from the United States or...


Information requirements. (a) The procedures in Sec. Sec. 223.189 and 223.192, and some of the procedures in Sec. 223.190 were approved by the Office of Management...


Indirect substitution exception for National Forest System timber from within Washington State. (a) Exception limits. A limited amount of unprocessed National...


use of the surface of National Forest System lands in connection with operations authorized by the United States mining laws (30 U.S.C. 21-54), which confer a statutory right...


of May 10, 1872, as amended (30 U.S.C. 22 et seq.), as they affect surface resources on all National Forest System lands under the jurisdiction of the Secretary of Agriculture...


(a) Operations. All functions, work, and activities in connection with prospecting, exploration, development, mining or processing of mineral resources and all uses...


this section, a notice of intention to operate is required from any person proposing to conduct operations which might cause disturbance of surface resources. Such notice...


of operations, except as provided in paragraph (b) of this section and in Sec. 228.4 (a), (b), and (e). A proposed plan of operation shall be submitted to the District...


by an operator pursuant to the regulations in this part shall be available for examination by the public at the Office of the District Ranger in accordance with...


the operator is complying with the regulations in this part and an approved plan of operations. (b) If an operator fails to comply with the regulations or his...


minimize adverse environmental impacts on National Forest surface resources, including the following requirements: (a) Air Quality. Operator shall comply with...


equipment, and other facilities in a safe, neat and workmanlike manner. Hazardous sites or conditions resulting from operations shall be marked by signs, fenced...


officer, operator shall remove within a reasonable time following cessation of operations all structures, equipment and other facilities and clean up the site...


and regulations and shall take all reasonable measures to prevent and suppress fires on the area of operations and shall require his employees, contractors and...


trail, bridge, landing area for aircraft, or the like, shall be constructed or improved, nor shall any other means of access, including but not limited...


officer, furnish a bond conditioned upon compliance with Sec. 228.8(g), prior to approval of such plan of operations. In lieu of a bond, the operator may deposit into a...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR228.14] [Page 146] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 228--MINERALS--Table of Contents Subpart A--Locatable Minerals Sec. 228.14 Appeals. Any operator aggrieved by a decision of the authorized officer in connection with the regulations in this part may file an appeal under the provisions of 36 CFR part 251, subpart C. [54 FR 3362, Jan. 23, 1989] ...


each National Forest Wilderness for the period specified in the Wilderness Act and subsequent establishing legislation to the same extent they were applicable prior to the...


Authority for the disposal of mineral materials is provided by the Materials Act of July 31, 1947 (30 U.S.C. 601 et seq.), as amended by the Acts of August 31, 1950 (30...


System lands reserved from the public domain of the United States, including public domain lands being administered under the Bankhead-Jones Farm Tenant Act of July 22, 1937...


Acquired National Forest lands. National Forest System lands acquired under the Weeks Act of March 1, 1911 (36 Stat. 961), and National Forest System lands with Weeks Act status...


National Forest lands available to the public and to local, State, and Federal government agencies where reasonable protection of, or mitigation of effects on,...


within existing areas leased or under permit under the 1920 Mineral Leasing Act, as amended (30 U.S.C. 181-187); section 402 of Reorganization Plan No. 3 of 1946 (5...


negotiated contracts, or free-use permits or bidders for the sale of mineral materials to furnish information necessary to determine their ability to perform...


from National Forest lands must meet or exceed applicable Federal standards for the protection of public safety, health, and the environment, and must also meet or...


Only those specified mineral materials found within the area designated in the contract or permit may be extracted and removed. (b) Unauthorized removal (trespass)...


determine fair market value. Appraisals must be [[Page 152]] based on knowledge of the extent of the deposit, quality of material, and economic value. A...


officer must reappraise or reestimate the mineral materials covered by the contract or permit and which remain unexcavated at the time of extension. The recalculated unit...


the volume extracted, in cubic yards or weight equivalent, to the authorized officer. The units of measurement must correspond to the units used in the appraisal...


bond must be furnished to the authorized officer to ensure performance of payment (as necessary), reclamation, and other conditions of the contract or permit, except as noted...


permit, or any interest therein, without the written approval of the authorized officer. (b) Requirements of assignee. The authorized officer will not approve any...


this paragraph, a contract or permit may not exceed 1 year from the effective date of the contract or permit unless a written extension is obtained. For those mineral...


source in accordance with an approved operating plan which describes operating procedures and reclamation measures, unless the requirement is waived by the...


prospecting permit if the purchaser or permitte fails to comply with its terms and conditions. If the noncompliance is unnecessarily or unreasonably causing injury, loss,...


is subject to prior approval by the authorized officer of an operating plan and to reasonable conditions as may be required to ensure proper protection of the environment...


be made by: (a) Competitive sale to the highest qualified bidder after formal advertising and other appropriate public notice; [[Page 154]] (b) Sale...


inviting competitive bids through publication and posting. The authorized officer may not offer a competitive sale unless there is a right-of-way or other access to the...


authorized officer to be in the public interest and when it is impracticable to obtain competition, mineral materials not exceeding 100,000 cubic yards in volume (or...


may be issued which grant the permittee the exclusive right to explore for and to demonstrate the existence of a suitable mineral material deposit when existing information...


negotiated sale, the permittee must demonstrate to the satisfaction of the authorized officer that a suitable deposit of mineral material has been discovered within...


appropriate District Ranger's office. (b) Term. Permits may be issued for periods not to exceed 1 year and will terminate on the expiration date unless extended by the...


programs such as timber sales that involve construction and maintenance of various physical improvements, the Forest Service may specify that mineral materials be...


the same deposit or areas designated by the authorized officer; the designation of such an area and any reclamation requirements must be based on an environmental...


until all conditions of payment in the contract have been met. (b) Advance payment. (1) For negotiated and competitive sales the full amount may be paid before removal...


the costs incurred by the United States, under any of the following conditions: (a) Payment in excess of value. If the total payment exceeds the value of the...


collection requirements as defined in the Paperwork Reduction Act of 1980 (5 CFR part 1320): Sec. 228.45, Qualifications of applicants; Sec. 228.51, Bonding;...


(a) Mineral activities on valid mining claims in the Misty Fjords and Admiralty Island National Monuments must be conducted in accordance with regulations in subpart A of this...


(a) Scope. This subpart sets forth the rules and procedures by which the Forest Service of the United States Department of Agriculture will carry out its...


following meaning: Authorized Forest officer. The Forest Service employee delegated the authority to perform a duty described in these rules. Generally, a Regional...


of 1969. In analyzing lands for leasing, the authorized Forest officer shall comply with the [[Page 162]] National Environmental Policy Act of 1969,...


Land Management if appeals of either an area or Forest-wide leasing decision or a leasing decision for specific lands are filed during the periods provided for under 36...


(a) General. An operator submitting a surface use plan of operations may request the authorized Forest officer to authorize the Bureau of Land Management to modify (permanently...


of the Forest Service may issue, or cosign with the Director, Bureau of Land Management, Onshore Oil and Gas Orders necessary to implement and supplement the regulations of...


Federal oil and gas lease for National Forest System lands may be granted without the analysis and approval of a surface use plan of operations covering proposed surface...


a surface use plan of operations as promptly as practicable given the nature and scope of the proposed plan. As part of the review, the authorized Forest officer...


National Forest System lands in a manner that minimizes effects on surface resources, prevents unnecessary or unreasonable surface resource disturbance, and that is...


authorized Forest officer shall consider the estimated cost to the Forest Service to reclaim those areas that would be disturbed by operations and to restore any lands or...


applicable lease, all lessees and transferees are jointly and severally liable in accordance with Federal and State laws for indemnifying the United States for: (a)...


be a temporary cessation of operations for a period of 45 days or more, the operator must verbally notify and subsequently file a statement with the authorized Forest...


lease, including stipulations made part of the lease at the direction of the Forest Service, an approved surface use plan of operations, the applicable Onshore Oil and Gas...


is not in compliance with a reclamation or other standard, a stipulation included in a lease at the direction of the Forest Service, an approved surface use plan...


promptly evaluate a referral made by the authorized Forest officer pursuant to Sec. 228.113(b)(1) of this subpart. (b) Dismissal of referral. The compliance officer...


by the Bureau of Land Management of: (1) Competitive lease sales which the Bureau plans to conduct that include National Forest System lands; (2)...


following sections of this subpart contain information requirements as defined in 5 CFR part 1320 and have been approved for use by the Office of Management and Budget: ...


operation of the Stewardship Incentive Program as provided in section 6 of the Cooperative Forestry Assistance Act, as amended by title XII of the Food,...


mean: Act means the Cooperative Forestry Assistance Act as amended (16 U.S.C. 2101, et seq). Assignee means any person, corporation, government agency, or other...


oversee all Program policy and procedure and monitor the implementation of such policy and procedure over the life of the Program. (b) The Chief shall annually...


the Program, the Secretary of Agriculture, in consultation with the State Forester, shall establish a State Forest Stewardship Coordinating Committee whose composition...


as defined in Sec. 230.2 of this subpart, including those who produce forest products on a part-time or intermittent basis, who meet the requirements of this section,...


to implement any Program practice identified in Sec. 230.7(a)(2)-(9) of this subpart, eligible landowners shall have an approved landowner forest stewardship plan. The...


the Stewardship Incentive Program and the reporting codes assigned to each are as follows: (1) Landowner Forest Stewardship Plan Development (SIP1),...


the Program shall contact the local office of the State Forester who shall provide information necessary to make application. (b) The State Forester, or such official...


a landowner must complete each practice within eighteen months of approval. However, if practice(s) are not completed in eighteen months due to conditions beyond...


(1) Costs incurred before an application for cost-share assistance is approved; (2) The implementation of any practice(s) already required by law, regulation,...


any scheme or device to unjustly benefit from this program, the cost-share funds shall be withheld or a refund of all or part of any Program payments otherwise due or...


dissatisfied with any determination made under the Program may request reconsideration by the State Forester and, if the matter is still not resolved, by the Regional Forester....


a State forest stewardship plan in Sec. 230.4(d) of this subpart, the landowner forest stewardship plan in Sec. 230.6 of this subpart, and the application requirements...


unless otherwise noted. The Urban and Community Forestry Assistance Program is authorized by Section 9 of the Cooperative Forestry Assistance Act of 1978, as...


Assistance Program is implemented through the Forest Service Grants, Cooperative Agreements, and Other Agreements Program (FSM 1580) and the Grants,...


otherwise noted. [[Page 183]] (a) The regulations in this subpart govern the operation of the Forest Land Enhancement Program (hereafter, FLEP) as provided...


follows: Capital investment or improvement. Durable equipment or assets capable of being amortized or depreciated over a period of 3 or more years, not including activities...


implement FLEP in partnership with State forestry agencies and in consultation with other Federal, State, and local natural resource management agencies, institutions of...


shall review and provide concurrence with State priority plans, including any revisions of such plans. (b) The Responsible Official shall provide oversight for...


FLEP, the State Forester and the State Forest Stewardship Coordinating Committee, established pursuant to section 19(b) of the Cooperative Forestry Assistance Act,...


managing their nonindustrial private forest lands and related resources through the following elements: (1) Development and implementation of educational programs; ...


shall be used to guide FLEP implementation in each participating State through fiscal year 2007 and can be revised as needed. (b) The State priority plan must describe...


includes development and delivery of: (1) Activities; (2) Events; (3) Programs; (4) Curriculum; (5) Written materials; ...


includes, but is not limited to: (1) Agreements with other agencies, institutions of higher education, natural resource consultants, or private organizations...


assistance includes a wide range of activities and practices developed by a State Forester, in cooperation with the State Forest Stewardship Coordinating Committee. (b)...


priority plan must document and describe which of the following eleven categories will be made available to landowners for cost-share funding: (1) Management...


landowners of nonindustrial private forest land as defined in Sec. 230.31 of this subpart, including those who engage in primary processing of raw wood products on a part-time...


(a) Landowner applications for cost-share payments shall not be approved unless cost-share funds are available. The obligation of funds upon approval of an application constitutes...


for the following are prohibited: (1) Costs incurred before an application for cost-share is approved in writing, except: (i) As pre-approved by the...


should be reported using the following standard categories of practices: (1) FLEP1--Management Plan Development; (2) FLEP2--Afforestation...


be recaptured under one or more of the following circumstances: (1) If any landowner, successor, or assignee uses any scheme or device to unjustly benefit from FLEP....


preparation of a State priority plan, management plan, and practice plan, the reporting requirements, and the application requirements of this subpart constitute...


(a) Officials of the Forest Service will cooperate with State, county, and Federal officials in the enforcement of all laws and regulations for the protection...


and Forest Supervisors, shall determine the extent to which national forests or portions thereof may be devoted to wildlife protection in combination with other uses...


Chief of the Forest Service and appropriate State officials for the regulation of game as provided in Sec. 241.2 and the necessary implementing laws or regulations have...


Source: 56 FR 63463, Dec. 4, 1991, unless otherwise noted. (a) The regulations in this subpart apply to management of the Copper River-Rude River addition...


For the purpose of this subpart, the terms listed in this section shall be defined as follows: ANILCA refers to the Alaska National Interest Lands Conservation Act (16...


(a) Subject to valid existing rights, a multiple-use activity may be permitted or authorized within the areas of the Chugach National Forest subject to this subpart...


(a) The taking of fish and wildlife by hunting, trapping, or fishing from lands subject to the rules of this subpart is authorized in accordance with applicable...


unless otherwise noted. The regulations in this part implement the Federal Subsistence Management Program on public lands within the State...


Secretary of Agriculture issue the regulations in this part pursuant to authority vested in Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA), 16...


in this part implement the provisions of Title VIII of ANILCA relevant to the taking of fish and wildlife on public lands in the State of Alaska. The regulations in this part...


to all regulations contained in this part: Agency means a subunit of a cabinet-level Department of the Federal Government having land management authority over...


may take fish and wildlife on public lands for subsistence uses only if you are an Alaska resident of a rural area or rural community. The regulations in this part may further...


(a) If you wish to take fish and wildlife on public lands for subsistence uses, you must be an eligible rural Alaska resident and: (1) Possess the pertinent...


or wildlife or their parts, taken pursuant to the regulations in this part, unless provided for in this part. (b) You may not exchange in customary trade or sell fish or...


provision of 50 CFR Part 100 or 36 CFR Part 242, you may be punished by a fine or by imprisonment in accordance with the penalty provisions applicable to the public...


(a) The rules in this part contain information collection requirements subject to Office of Management and Budget (OMB) approval under 44 U.S.C. 3501-3520. They apply to fish...


FR 30563, May 7, 2002, unless otherwise noted. (a) The Secretary of the Interior and Secretary of Agriculture hereby establish a Federal Subsistence Board, and assign...


Board shall establish a Regional Council for each subsistence resource region to participate in the Federal subsistence management program. The Regional Councils shall be...


establish such local Federal Advisory Committees within each region as necessary at such time that it is determined, after notice and hearing and consultation with the...


The Board, in making decisions or recommendations, shall consider and ensure compliance with specific statutory requirements regarding the management of resources on public...


(a) State fish and game regulations apply to public lands and such laws are hereby adopted and made a part of the regulations in this part to the extent they are...


Board shall determine if an area or community in Alaska is rural. In determining whether a specific area of Alaska is rural, the Board shall use the following guidelines: (1)...


(a) The Board shall determine which fish stocks and wildlife populations have been customarily and traditionally used for subsistence. These determinations shall...


Alaska residents. (a) Whenever it is necessary to restrict the subsistence taking of fish and wildlife on public lands in order to protect the continued...


for changes to the Federal subsistence regulations in subparts C or D of this part shall be accepted by the Board according to a published schedule. The Board may establish...


close, or reopen the taking of fish and wildlife for non-subsistence uses on public lands when necessary to assure the continued viability of a particular fish or...


in subparts C and D of this part published in the Federal Register are subject to requests for reconsideration. (b) Any aggrieved person may file a request...


(a) The Board hereby designates the following areas as subsistence resource regions: (1) Southeast Region; (2) Southcentral Region; (3) Kodiak/Aleutians Region; ...


determined all communities and areas to be rural in accordance with Sec. 242.15 except the following: Adak; Fairbanks North Star Borough; Homer area--including...


determined all communities and areas to be rural in accordance with Sec. 242.15 except the following: Adak; Fairbanks North Star Borough; Homer area--including...
...


determined all communities and areas to be rural in accordance with Sec. 242.15 except the following: Adak; Fairbanks North Star Borough; Homer area--including...
...
...


determined all communities and areas to be rural in accordance with Sec. 242.15 except the following: Adak; Fairbanks North Star Borough; Homer area--including...
...
...
...


determined all communities and areas to be rural in accordance with Sec. 242.15 except the following: Adak; Fairbanks North Star Borough; Homer area--including...
...
...
...
...


(a) Regulations in this section apply to subsistence taking of Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and other shellfish or their parts. ...


76-867, 54 Stat. 1197. Natural Resources Control (a) The Forest Service shall manage National Forest watersheds that supply...


Dakota. The location of mining claims in such areas within 660 feet of any Federal, State or county road and within such other areas where the location of mining...


National Forest, State of South Dakota, designated as the Norbeck Wildlife Preserve. (a) Whoever locates a mining claim within the Norbeck...


United States. (a) Except as otherwise provided in paragraphs (b) and (c) of this section, in conveyance of lands to the United States under authorized programs of...


the United States. (a) Except as otherwise provided in paragraphs (b) and (c) of this section, in conveyances of lands to the United States under authorized programs of...


provided in paragraph (h) of this section, in conveyances of lands to the United States under authorized programs of the Forest Service, where owners reserve the right to...


the use, occupancy, and operation of rights-of- way reserved by a grantor of lands to the United States. (a) Brush and refuse resulting from the exercise of the...


This section governs the exercise of water and related rights reserved by the grantor of lands conveyed to the United States under the provisions of the act of March 1, 1911...


permanently record a series of areas on National Forest land to be known as experimental forests or experimental ranges, sufficient in number and size to provide...


the Petersburg watershed, Tongass National Forest, as described in the Act of October 17, 1940 (54 Stat. 1197), is prohibited. (b) Access to lands within the...


Source: 45 FR 38327, June 6, 1980, unless otherwise noted. (a) All uses of National Forest System lands, improvements, and resources, except those...


entity, and any Federal, State or governmental entity or agency which applies for a special use authorization. Authorized officer--any employee of the Forest Service to...


terminated, or revoked by the Chief, or through delegation, by the Regional Forester, Forest Supervisor, District Ranger or other forest officer, and shall be in such...


Forest Service, or other Agency official to whom such authority is delegated, may issue special use authorizations for National Forest System land under the authorities cited and...


entity proposes to occupy and use National Forest System lands, the proponent is required to contact the Forest Service office(s) responsible for the management of the affected...


such activities as is specified in the special use authorization. The holder may sublet the use and occupancy of the premises and improvements authorized only with the...


(i) Terms and conditions which will: [[Page 309]] (A) Carry out the purposes of applicable statutes and rules and regulations issued thereunder; (B)...


the Secretary of Agriculture, special use authorizations shall require the payment in advance of an annual rental fee as determined by the authorized officer. (1) The...


enforcement of a valid legal proceeding or operation of law, ceases to be the owner of the authorized improvements, the authorization terminates upon change of...


Noncommercial group uses. (i) Revocation or suspension. An authorized officer may revoke or suspend a special use authorization for a noncommercial group use only under...


cover new, changed, or additional use(s) or area. (1) In approving or denying changes or modifications, the authorized officer shall consider among other things,...


by both the applicant and the authorized officer. The authorization must be signed by the applicant and returned to the authorized officer within 60 days of its receipt by...


nonfederal lands directly or indirectly owned or controlled by an applicant for a right-of-way across Federal lands, the authorized officer may condition a special use...


renew it where such renewal is authorized by law, if the project or facility is still being used for the purpose(s) previously authorized and is being operated and maintained...


251.54 and Sec. 251.59), terms and conditions (Sec. 251.54), rental fees (Sec. 251.57), and modifications [[Page 315]] (Sec. 251.61) specify the...


7 U.S.C. 5101-5106; 16 U.S.C. 472, 551. Source: 54 FR 3362, Jan. 23, 1989, unless otherwise noted. (a) This subpart provides a process by which those...


For the purposes of this subpart, the following terms are defined: Appeal. A request to a higher ranking officer for relief from a written decision filed under this...


(a) The rules of this subpart govern appeal of written decisions of Forest Service line officers related to issuance, denial, or administration of the following written instruments...


The following decisions are not appealable under this subpart: (a) Decisions appealable to the Agriculture Board of Contract Appeals, USDA, under 7 CFR part 24. ...


Deciding Officer shall promptly give written notice of decisions subject to appeal under this subpart to applicants and holders defined in Sec. 251.86 of this subpart and to any...


(a) No decision can be appealed by the same person under both this subpart and part 217 of this chapter. (b) Should a decision be reviewable under this subpart as well...


participate in the appeals process provided under this subpart: (a) An applicant who, in response to a prospectus or written solicitation or other notice by the...


(a) Decisions made by the Chief. If the Chief of the Forest Service is the Deciding Officer, the appeal is to the Secretary of Agriculture. Review by the Secretary is...


Filing procedures. In order to appeal a decision under this subpart, an appellant must: (1) File a notice of appeal in accordance with Sec. 251.90 of this subpart with the...


of notice of appeal. Time for filing a notice of appeal is not extendable. (b) All other time periods. Appellants, Intervenors, Deciding Officers, and Reviewing...


(a) It is the responsibility of an appellant to provide a Reviewing Officer sufficient narrative evidence and argument to show why a decision by a lower level officer...


be implemented during the appeal process, unless the Reviewing Officer grants a stay or unless a term grazing permit holder appeals a decision and simultaneously...


Officer shall dismiss an appeal and close the record without a decision on the merits when: (1) The appellant is not eligible to appeal a decision under this...


(a) Authorized Forest Service officers shall, to the extent practicable and consistent with the public interest, consult and meet in person, or by phone, with holders of...


(a) Content. A responsive statement contains the Deciding Officer's response to the specific facts or issues of law or regulation and the requested relief set forth by the appellant...


(a) Discretion to establish procedures. A Reviewing Officer may issue such procedural orders as deemed appropriate to ensure orderly, expeditious, and fair conduct of an...


request to intervene in an appeal may be made at any time prior to the closing of the appeal record [[Page 323]] (Sec. 251.98) at the first level of appeal (Sec....


Purpose. An oral presentation provides an additional opportunity for an appellant, and other parties to an appeal, to present their viewpoints to the Reviewing Officer. The purpose...


following rules apply only to the appeal record for appeals at the first level (Sec. 251.87 (a), (b)): (a) It is the responsibility of the Reviewing Officer to maintain in...


Reviewing Officer shall base the appeal decision on the appeal record and applicable laws, regulations, orders, policies, and procedures. (b) The Reviewing Officer...


(a) Petitions or requests for discretionary review shall not, in and of themselves, give rise to a decision to exercise discretionary review. In electing to exercise discretion,...


It is the position of the Department of Agriculture that any filing for Federal judicial review of and relief from a decision appealable under this subpart...


(a) Except where applicants or holders elect the decision review procedures of part 217 of this chapter, appealable decisions arising from the issuance, approval,...


disputes. (a) Decisions subject to mediation. In those States with Department of Agriculture certified mediation programs, any holder of a term grazing permit...


(a) The regulations in this subpart set forth the procedures by which landowners may apply for access across National Forest System lands and the terms and conditions...


apply to this subpart: Access means the ability of landowners to have ingress and egress to their lands. It does not include rights-of-way for power lines or...


lands in accordance with the application requirements of Sec. 251.54 of this part. Such application shall specifically include a statement of the intended mode of access...


on National Forest System lands for access to non-Federal lands, the authorized officer shall issue a special-use authorization in conformance with the provisions...


non-Federal lands, the authorized officer shall authorize only those access facilities or modes of access that are needed for the reasonable use and enjoyment of the land...


June 11, 2003, unless otherwise noted. Effective Date Note: At 68 FR 35121, June 11, 2003, Subpart E was added, effective July 11, 2003. (a)...


apply to this subpart: Best application--the application, as determined by the authorized officer, that best meets the evaluation criteria contained in...


the right to continue to provide visitor services under appropriate terms and conditions contained in a special use authorization, as long as such services are determined by...


the first special use authorization for a specific CSU pursuant to Sec. 251.124 on or after the effective date of this subpart, the authorized officer shall give notice to...


(a) In selecting persons to provide visitor services for a CSU, the authorized officer shall, if the number of visitor service authorizations is to be limited, give a preference...


preference within a National Forest in Alaska beyond that authorized by section 1307 of ANILCA (16 U.S.C. 1397) and by Sec. 251.124 of this subpart. (b) Local residents...


written solicitations by the Forest Service under this subpart or related to the modification of special use authorizations to reflect historical use are subject...


486, 516, 551, and 555a; 43 U.S.C. 1701, 1715, 1716, and 1740; and other applicable laws. Source: 59 FR 10867, Mar. 8, 1994, unless otherwise noted. ...


set forth in this section. Acquisition means the attainment of lands or interests in lands by the Secretary, acting on behalf of the United States, by...


exchange any Federal lands. Land exchanges are discretionary, voluntary real estate transactions between the Federal and non-Federal parties. Unless and until the...


or by any person, State, or local government. Initial exchange proposals should be directed to the authorized officer responsible for the management of Federal...


an assembled land exchange arrangement may be used to facilitate exchanges and reduce costs. (b) The parties to an exchange may agree to such an...


officer may request the appropriate State Office of the Bureau of Management (BLM) to segregate the Federal lands by a notation on the public land records. Subject to...


of the exchange. However, if the authorized officer finds it is in the public interest as specified in paragraph (b) of this section, an agreement to initiate an exchange...


exchange, the authorized officer shall publish a notice once a week for four consecutive weeks in newspapers of general circulation in the counties in which the Federal...


the appraisal standards as set forth in paragraphs (a) through (d) of this section, and, to the extent appropriate, with the Uniform Appraisal Standards for Federal...


suspend or modify the deadlines contained in paragraphs (a)(1) through (a)(4) of this section, the parties shall adhere to the following: (1)(i) Within 180 days from the...


which are of approximately equal value upon a determination that: (1) The exchange is in the public interest and the consummation of the proposed exchange will...


of the Federal and non- Federal lands involved in an exchange, either with or without adjustments of relative values as compensation for various costs, the parties to an...


and appropriate documentation, appraisals, and all other supporting studies and requirements to determine if a proposed exchange is in the public interest and...


exchange [[Page 344]] agreement subsequent to a decision by the authorized officer to approve the exchange, pursuant to Sec. 254.13 of this subpart. Such an...


the USDA Office of the General Counsel, evidence of title for the non-Federal lands being conveyed to the United States must be in recordable form and in conformance with...


decision in United States v. Schurz, 102 U.S. 378 (1880), or any other law or ruling to the contrary, title to both the non-Federal and Federal lands pass simultaneously...


initiate in Sec. 254.4 of this subpart and an exchange agreement in Sec. 254.14 of this subpart constitute information requirements as defined by the Paperwork Reduction...


amended by sec. 213, Pub. L. 94-579; 90 Stat. 2743. Source: 50 FR 29673, July 22, 1985, unless otherwise noted. (a) A Forest Service official may,...


(1) Must be made by designated officials) authorized to do business in the name of a county, city, or local governmental subdivision; (2) May be in the form of a...


(1) Ensure the application meets the requirements of Sec. 254.21; (2) Process an order to set aside and designate the lands for townsite purposes; and (3) Transmit,...


a Forest Service official must conduct the necessary studies and assessments to-- (1) Determine if the applicant has made a satisfactory showing that the land...


or by multiple transactions spread over a period of time in accordance with a prearranged schedule. (b) The authorized Forest Service official shall-- ...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR254.25] [Page 347] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 254--LANDOWNERSHIP ADJUSTMENTS--Table of Contents Subpart B--National Forest Townsites Sec. 254.25 Survey. The authorized Forest Service official shall conduct or provide for the necessary tract survey and boundary posting of National Forest System land. ...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR254.26] [Page 347] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 254--LANDOWNERSHIP ADJUSTMENTS--Table of Contents Subpart B--National Forest Townsites Sec. 254.26 Appraisal. Fair market value of townsite tracts shall be determined following Forest Service appraisal procedures and the Uniform Standards for Federal Acquisitions. ...


FR 1185, Jan. 10, 1984, unless otherwise noted. These regulations set forth procedures by which the Secretary of Agriculture may resolve land disputes and...


person who occupies or has improvements on National Forest System land under claim of title or color of title, or who owns land abutting or underlying a road right-of-way, or who...


10 acres or less to resolve encroachments by persons: (1) To whom no advance notice was given that the improvements encroached or would encroach, and (2) Who in...


conveyance under this subpart are limited to those which are substantially surrounded by lands not owned by the United States. (b) Forest Service officials shall...


this subpart are limited to those tracts which: (1) Cannot be efficiently administered because of size, shape, or location; (2) Are occupied or could...


National Wild and Scenic Rivers System, the National Trails System, and National Monuments are excluded from any conveyance under these provisions. (b) Lands...


of Sec. 254.32, Sec. 254.33, or Sec. 254.34 must be met before a determination of public interest can be made. (b) Before a conveyance is made under this subpart,...


be made in writing to the District Ranger or the Forest Supervisor who has administrative jurisdiction over the land. (b) The applicant shall bear all reasonable costs...


or road rights-of-way which have not been applied for by an abutting landowner may be offered to the public for sale or exchange at not less than fair market value. ...


and evaluating the elements of value on the lands or interest in lands to be interchanged. Elements of value to be considered include size, shape, location,...


conducted by a licensed private surveyor under Forest Service instructions, contracted by the person applying for the conveyance, or by a Forest Service surveyor. The person...


or warranty deed. The United States will convey title only by quitclaim deed. (b) Deeds shall be free of terms, conditions, and convenants except those...


(1) An act or omission occurs in the National Forest System or on a National Forest System road or trail. (2) An act or omission affects, threatens, or endangers property...


Forest Supervisor, and each District Ranger or equivalent officer may issue special-use authorizations, award contracts, or approve operating plans authorizing the...


fine of not more than $500 or imprisonment for not more than six months or both pursuant to title 16 U.S.C., section 551, unless otherwise provided. [46 FR 33519, June...


any material remains of prehistoric or historic human life or activities which are of archaeological interest and are at least 50 years of age, and the physical site,...


to a Forest officer. The following are prohibited: (a) Threatening, resisting, intimidating, or interfering with any forest officer engaged in or on account of...


(b) Addressing any offensive, derisive, or annoying communication to any other person who is lawfully present when such communication has a direct tendency to cause acts of violence...


ignited substance or other substance that may cause a fire. (b) Firing any tracer bullet or incendiary ammunition. (c) Causing timber, trees, slash, brush or grass...


any timber, tree, or other forest product, except as authorized by a special-use authorization, timber sale contract, or Federal law or regulation. (b) Cutting...


to enter or be in the National Forest System or other lands under Forest Service control. [[Page 355]] (b) Not removing unauthorized livestock from the...


(a) Hunting, trapping, fishing, catching, molesting, killing or having in possession any kind of wild animal, bird, or fish, or taking the eggs of any such bird. ...


of the United States. (b) Removing any natural feature or other property of the United States. (c) Damaging any plant that is classified as a...


maintaining any kind of road, trail, structure, fence, enclosure, communication equipment, or other improvement on National Forest system land or facilities without a...


plumbing fixture any substance which could damage or interfere with the operation or maintenance of the fixture. (b) Possessing or leaving refuse, debris, or litter in...


load, weight, height, length, or width limitations prescribed by State law except by special-use authorization or written agreement or by order issued under Sec. 261.54 of...


State or County roads: (a) Without a valid license as required by State law. (b) Without an operable braking system. (c) From one-half hour after sunset...


the site for other than recreation purposes. (b) Building, attending, maintaining, or using a fire outside of a fire ring provided by the Forest Service for such purpose...


admission or entrance to or use of a site, facility, equipment or service furnished by the United States is prohibited. The maximum fine shall not exceed...


(a) Possessing or using a motor vehicle, motorboat or motorized equipment except as authorized by Federal Law or regulation. (b) Possessing or using a hang glider...


Area Wilderness: (a) Possessing or transporting any motor or other mechanical device capable of propelling a watercraft through water by any means, except by permit...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.18] [Page 358] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 261--PROHIBITIONS--Table of Contents Subpart A--General Prohibitions Sec. 261.18 Pacific Crest National Scenic Trail. It is prohibited to use a motorized vehicle on the Pacific Crest National Scenic Trail without a special-use authorization. [49 FR 25450, June 21, 1984] ...


National Forest Primitive Area on September 3, 1964: (a) Landing of aircraft or using a motor boat, unless such use had become well established before September 3, 1964. ...


or use of ``Smokey Bear'' except as provided under Secs. 271.2, 271.3, or 271.4 is prohibited. (b) Manufacture, importation, reproduction, or use of...


attempting to remove a wild free-roaming horse or burro from the National Forest System unless authorized by law or regulation. (b) Causing or allowing the inhumane treatment...


the Administrator of the Lake Tahoe Basin Management Unit and each Forest Supervisor may issue orders which close or restrict the use of described areas within the...


prohibition in the offices of the Forest Supervisor and District Ranger, or equivalent officer who have jurisdiction over the lands affected by the order, and ...


attending or using a fire, campfire, or stove fire. (b) Using an explosive. (c) Smoking. (d) Smoking, except within an enclosed vehicle or building,...


any area which is closed for the protection of: (a) Threatened, endangered, rare, unique, or vanishing species of plants, animals, birds or fish. (b)...


(a) Using any type of vehicle prohibited by the order. [[Page 360]] (b) Use by any type of traffic prohibited by the order. (c) Using a road...


261.50 of this subpart, the following are prohibited on a forest development trail: (a) Being on a trail. (b) Using any type of vehicle prohibited by the order. ...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR261.56] [Page 360] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 261--PROHIBITIONS--Table of Contents Subpart B--Prohibitions in Areas Designated by Order Sec. 261.56 Use of vehicles off National Forest System roads. When provided by an order, it is prohibited to possess or use a vehicle off National Forest System roads. [42 FR 2957, Jan. 14, 1977, as amended at 66 FR 3218, Jan. 12, 2001] ...


(a) Entering or being in the area. (b) Possessing camping or pack-outfitting equipment, as specified in the order. (c) Possessing a firearm or firework. ...


(a) Camping for a period longer than allowed by the order. (b) Entering or using a developed recreation site or portion thereof. (c) Entering or remaining in...


to whom the Chief has delegated authority, may issue regulations prohibiting acts or omissions within all or any part of the area over which he has jurisdiction, for one...


(a) Definitions. In this section: (1) Middle Fork of the Feather River means the river and land area in or adjacent to Plumas National Forest described as the River Area in the notice...


Forest or the Chattahoochee National Forest abutting the Chattooga River for the purpose of entering or going upon the River in, on, or upon any floatable object or craft...


or occupying any area of the Manistee National Forest abutting the Pine River between a point commencing 1 mile downstream from Lincoln Bridge to a point one-half mile upstream...


Congress shall make the necessary appropriation or authorize the payment thereof, the Department of Agriculture will pay the following rewards: (1) Not...


payments. Payments for purchase of information to further investigations of felonies and misdemeanors related to Forest Service [[Page 364]] administration...


payments. Payments for purchase of evidence to further investigations of felonies and misdemeanors related to Forest Service administration are authorized for each transaction...


directives to agency personnel, assure the accountability of all funds spent in carrying out the provisions of this subpart and safeguard the identity of those wishing...


this subpart shall be maintained in accordance with all laws, regulations, and rules applicable to the care, custody, and control of evidence. Evidence purchased under...


or livestock in excess of those authorized by a grazing permit on the National Forest System, which are not removed therefrom within the periods prescribed by...


the National Forest System, which has been closed to dogs running at large, may be captured and impounded by Forest officers. Forest officers will notify the owner of the dog,...


boats, and camping equipment and other inanimate personal property on National Forest System lands without the authorization of a Forest officer which are not...


removed, to a more suitable place, a vehicle or other object which is an impediment or hazard to the safety, convenience, or comfort of other users of an area of the...


(a) The term Insignia means the Official Forest Service Insignia as shown here [GRAPHIC] [TIFF OMITTED] TC21OC91.064 or any...


the Forest Service. Such use will be primarily for identification purposes. The Chief may authorize other uses of the insignia as follows: (a) Public service use. The Chief...


the insignia or likeness thereof shall contain the following terms and conditions: (1) A use charge, royalty payment, or payment in kind which is reasonably related to...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR264.4] [Page 367] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 264--PROPERTY MANAGEMENT--Table of Contents Subpart A--Official Forest Service Insignia Sec. 264.4 Unauthorized use. Whoever manufactures, sells, or possesses the insignia, except as provided under Sec. 264.2, is subject to criminal penalty under 18 U.S.C. 701. ...


subject to cancellation by the Chief at any time the Chief finds that the use involved is offensive to decency and good taste or injurious to the image of the Forest Service....


There is hereby established an official symbol, as depicted herein, to designate and represent the Mount St. Helens National Volcanic Mounment located in...


Helens National Volcanic Monument official symbol, including a facsimile thereof, in total or in part, is restricted to official signs, publications, and other materials of...


employee expense for employees assigned to the Volcanic Monument may depict the official Monument symbol without special permission from Forest...


sells, or possesses the official symbol of the Mount St. Helens National Volcanic Monument may be subject to criminal penalty under 18...


of the United States Department of Agriculture in cooperation with the Association of State Foresters and The Advertising Council, or any facsimile thereof, or the...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR271.2] [Page 368] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 271--USE OF ``SMOKEY BEAR'' SYMBOL--Table of Contents Sec. 271.2 Use of official campaign materials. Official Cooperative Forest Fire Prevention materials may be used without express approval where such use is solely for the purpose of increasing public information regarding forest fire prevention. ...


is essentially as a public service, and will, in his judgment, contribute to public information and education concerning the prevention of...


following findings: (1) That the use to which the article or published material involving Smokey Bear is to be put shall contribute to public information concerning...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR271.6] [Page 369] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 271--USE OF ``SMOKEY BEAR'' SYMBOL--Table of Contents Sec. 271.6 Review of licenses. The Chief will cooperate with the Association of State Foresters and the Advertising Council, and for this purpose may review with these organizations from time to time the nature and status of licenses granted under these regulations in this part. ...


at all times consider the primary purpose of fostering public information in the prevention of forest fires. All authorities and licenses granted under the regulations...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR271.8] [Page 369] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 271--USE OF ``SMOKEY BEAR'' SYMBOL--Table of Contents Sec. 271.8 Consultation with Association of State Foresters and the Advertising Council. These regulations in this part have been issued after consultation with the Association of State Foresters and the Advertising Council. ...


belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when colored), and who furthers the slogan, Give a Hoot, Don't...


Chief of the Forest Service where such use is solely for the purpose of increasing public knowledge about wise use of the environment and programs which foster maintenance...


when such use is essentially as a public service and will, in his judgment, contribute to public information and education concerning wise use of the environment...


the following findings: (1) That the proposed use of Woodsy Owl will contribute to public knowledge about wise use of the environment and programs which...


times consider the primary purpose of carrying on a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement...


referred to as the ``Act''. The rules apply to cave management on National Forest System lands. These rules, in conjunction with [[Page 371]] rules in...


Forest Service employee delegated the authority to perform the duties described in this part. Cave means any naturally occurring void, cavity, recess, or system...


give governmental agencies and the public, including those who utilize caves for scientific, educational, or recreational purposes, the opportunity to nominate caves....


be used to determine the location of a significant cave or a cave nominated for designation, unless the authorized officer determines that disclosure will further the...


part 1320, Controlling Paperwork Burdens on the Public. In accordance with those rules and the Paperwork Reduction Act of 1980 as amended (44 U.S.C. 3507), the Forest Service...


concentrated public use: An area that is managed primarily for outdoor recreation purposes, contains at least one major recreation attraction where facilities and services necessary...


National Recreation Areas, National Monuments, National Volcanic Monuments, and National Scenic Areas administered by the Secretary of Agriculture and no...


reservation services for the public use of recreation areas and sites and Wilderness Areas where limitations on use are deemed necessary or desirable to achieve...


Stat. 100, Sec. 1, 33 Stat. 628; 16 U.S.C. 551, 472. Source: 38 FR 5853, Mar. 5, 1973, unless otherwise noted. (a) Administration of the Shasta and...


development plans. (1) All validly adopted zoning ordinances and amendments thereto pertaining to the Shasta and Clair Engle-Lewiston Units may be submitted by the...


apply to the Shasta and Clair Engle-Lewiston Units, which are defined by the boundary descriptions in the notice of the Secretary of Agriculture of July 12, 1966 (31...


Stat. 613). (a) Purpose. In accordance with the provisions of the Act establishing the Sawtooth National Recreation Area (86 Stat. 612), the regulations of...


For the purpose of establishing specific standards applicable to the several parcels of private land within the boundaries, such properties are classified and...


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...


16 U.S.C. 478, 551; sec. 11, 86 Stat. 612, 16 U.S.C. 460aa-10. (a) The use, management and utilization of natural resources on the Federal lands in the...


be used or occupied, except as otherwise permitted for any purpose other than exploration, mining, or processing operations and uses reasonably incident thereto. (b)...


Source: 59 FR 30497, June 13, 1994, unless otherwise noted. (a) Purpose. The Act establishing the Hells Canyon National Recreation Area...


are defined: Act refers to the act of December 31, 1975, which established the Hells Canyon National Recreation Area (89 Stat. 1117; 16 U.S.C. 460gg- 460gg-13). ...


lands within the HCNRA are to be assigned to one of the following four land categories: (i) Farm/forest/grazing land. (ii) Mining land. (iii)...


use that conforms to the standards of this section is deemed to be compatible with the purpose for which the HCNRA was established. (a) Standards applicable to all...


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...


of this subpart in order for a landowner to obtain a determination of compliance constitutes an information requirement as defined in the Paperwork Reduction Act (44...


Source: 59 FR 36882, July 19, 1994, unless otherwise noted. (a) Purpose. The rules of this subpart establish standards and guidelines for the protection and preservation...


follows: ``Act'' means the Act of December 31, 1975, as amended (Pub. L. 94- 199, 89 Stat. 1117) which established the Hells Canyon National Recreation Area. ...


and regulatory authority governing administration of National Forest System lands and resources, the standards and guidelines in Secs. 292.43 to 292.48 of this...


(a) Other Lands and Wild and Scenic Rivers. The following standards and guidelines of this section apply to the protection and preservation of cultural...


of this section apply to the use of motorized and mechanical equipment in the HCNRA. These standards and guidelines shall not be construed to impair or preclude use of...


guidelines of this section apply to the use of motorized and non-motorized rivercraft on rivers within the HCNRA. (a) The use of non-motorized rivercraft may be permitted...


guidelines of this section apply to timber harvesting activities in the Other Lands category of the HCNRA. (1) Timber may be harvested only to protect and enhance...


this section apply to mining activities in the Other Lands category of the HCNRA. (1) All mining activities are prohibited subject to valid existing rights as of...


to domestic livestock grazing activities on Other Lands, Wild and Scenic Rivers, and Wilderness Lands in the HCNRA. (a) Grazing may be authorized only on rangeland...


Source: 63 FR 15059, Mar. 27, 1998, unless otherwise noted. (a) Purpose. The regulations of this subpart set forth the rules and procedures by which the Forest...


Act means the Smith River National Recreation Area Act of 1990 (16 U.S.C. 460bbb et seq.). Authorized officer means the Forest Service officer to whom...


valid existing rights are defined as follows: (1) For certain ``Wild'' River segments. The rights associated with all mining claims on National Forest System lands...


addition to the activities for which a plan of operations is required under Sec. 228.4 of this chapter, a plan of operations is required when a proposed operation within the...


provided in paragraph (b) of Sec. 292.62 of this subpart, upon receipt of a plan of operations, the authorized officer shall review the information related to...


operations due to an operator's noncompliance with applicable statutes, regulations, or terms and conditions of the approved plan of operations. (1) In those cases...


mineral operations involving outstanding mineral rights within the SRNRA must be documented in an operating plan and submitted in writing to the authorized officer. (b)...


an operating plan, the authorized officer must review the information related to the ownership of the outstanding mineral rights and notify the operator that: (1)...


C, and part 293 of this chapter, the authorized officer may approve contracts and permits for the sale or other disposal of mineral materials, including but not limited...


plans involving outstanding mineral rights, and contracts or permits for mineral materials should all provide, to the maximum extent practicable, that...


owner and/or lessee of outstanding mineral rights are jointly and severally liable in accordance with [[Page 400]] Federal and State laws for indemnifying the...


before the Wilderness Act of September 3, 1964, were designated as Wilderness and Wild under Secretary of Agriculture's Regulations U-1 and U-2 (Secs. 251.20, 251.21),...


meet the public purposes of recreational, scenic, scientific, educational, conservation, and historical uses; and it shall also be administered for such other purposes for which...


this part, the Chief, Forest Service, may prescribe measures necessary to control fire, insects, and disease and measures which may be used in emergencies involving...


and standards for the maintenance and availability to the public of records pertaining to National Forest Wilderness, including maps and legal descriptions; copies...


provisions of sections 3(b), (d), and (e) of the Wilderness Act. The Chief, Forest Service, shall arrange for issuing public notices, appointing hearing officers, holding...


cutting of trees. Except as provided in the Wilderness Act, subsequent legislation establishing a particular Wilderness unit, or Secs. 294.2(b),...


the National Wilderness Preservation System, shall be permitted to continue under the general regulations covering grazing of livestock on the National Forests and in...


installations, and similar structures and uses are prohibited in National Forest Wilderness. The Chief, Forest Service, may permit temporary structures and commercial...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR293.10] [Page 402] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 293--WILDERNESS--PRIMITIVE AREAS--Table of Contents Sec. 293.10 Jurisdiction over wildlife and fish. Nothing in the regulations in this part shall be construed as affecting the jurisdiction or responsibility of the several States with respect to wildlife and fish in the National Forests. ...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR293.11] [Page 402-403] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 293--WILDERNESS--PRIMITIVE AREAS--Table of Contents Sec. 293.11 Water rights. Nothing in the regulations in this part constitutes an expressed or implied claim or denial on the part of the [[Page 403]] Department of Agriculture as to exemption from State water laws. ...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR293.12] [Page 403] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 293--WILDERNESS--PRIMITIVE AREAS--Table of Contents Sec. 293.12 Access to surrounded State and private lands. States or persons, and their successors in interest, who own land completely surrounded by National Forest Wilderness shall be given access as provided in subpart D of part 251 of this chapter. [56 FR 27419, June 14, 1991] ...


occupancies by means consistent with the preservation of National Forest Wilderness which have been or are being customarily used with respect to other such...


period specified in the Wilderness Act or subsequent establishing legislation to the same extent they were applicable prior to the date the Wilderness was designated by Congress...


gathering information about resources, other than minerals, in National Forest Wilderness, except that any such activity for gathering information shall be carried on in a...


For purposes of this section, motorboats permitted to operate in the BWCA Wilderness are defined as watercraft propelled by a gasoline or electric powered motor with the...


September 3, 1964, there shall be no roads or other provision for motorized transportation, no commercial timber cutting, and no occupancy under special-use permit...


of national forest land, other than wilderness or wild areas, which should be managed principally for recreation use may be given special classification as follows: ...


National Forest, Minnesota. (a) Description of areas. Sections 294.2(b) to 294.2(f), inclusive, apply to those areas of land and water in the Counties of Cook,...


Source: 66 FR 3272, Jan. 12, 2001, unless otherwise noted. The purpose of this subpart is to provide, within the context of multiple-use management,...


Inventoried roadless areas. Areas identified in a set of inventoried roadless area maps, contained in Forest Service Roadless Area Conservation, Final Environmental Impact...


(a) A road may not be constructed or reconstructed in inventoried roadless areas of the National Forest System, except as provided in paragraph (b) of this...


(a) Timber may not be cut, sold, or removed in inventoried roadless areas of the National Forest System, except as provided in paragraph (b) of this section. ...


permit, contract, or other legal instrument authorizing the occupancy and use of National Forest System land issued prior to January 12, 2001. (b) This subpart does...


and trails of National Forest System lands on which the use of vehicles traveling off National Forest System roads is allowed, restricted or prohibited. Prohibitions...


continuing land management planning process will be used to allow, restrict, or prohibit use by specific vehicle types off roads. This process will include coordination...


prohibiting use of areas and trails to one or more specific vehicle types off forest development roads. Sixty days advance notice will be given to allow for public review...


to the public, describing: (a) The regulation of vehicular use. (b) Time periods when use is allowed, restricted or prohibited. (c) The type of...


on National Forest System lands will be monitored. If the results of monitoring, including public input, indicate that the use of one or more vehicle types off roads is...


temporary designations implemented since the last annual review. If the plan needs revision, the public will be given the opportunity to participate in the review as stated...


of 1979, as amended (16 U.S.C. 470aa-mm) by establishing the uniform definitions, standards, and procedures to be followed by all Federal land managers in...


Protection Act of 1979 (16 U.S.C. 470ii), which requires that the Secretaries of the Interior, Agriculture and Defense and the Chairman of the Board of the...


of human life or activities which are at least 100 years of age, and which are of archaeological interest. (1) Of archaeological interest means capable of...


or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian...


from public lands or Indian lands, and to carry out activities associated with such excavation and/or removal, shall apply to the Federal land manager for a permit...


manager for a permit to excavate and/or remove archaeological resources from public lands or Indian lands and to carry out activities associated with such excavation...


cultural importance. (a) If the issuance of a permit under this part may result in harm to, or destruction of, any Indian tribal religious or cultural site...


time appropriate to the work to be conducted, upon determining that: (1) The applicant is appropriately qualified, as evidenced by training, education, and/or experience,...


(1) The nature and extent of work allowed and required under the permit, including the time, duration, scope, location, and purpose of the work; (2) The name of...


may suspend a permit issued pursuant to this part upon determining that the permittee has failed to meet any of the terms and conditions of the permit or has violated...


revocation, and terms and conditions of a permit through existing administrative appeal procedures, or through procedures which may be established by the Federal...


with the Act and this part does not constitute an undertaking requiring compliance with section 106 of the Act of October 15, 1966 (16 U.S.C. 470f). However, the mere...


remain the property of the United States. (b) Archaeological resources excavated or removed from Indian lands remain the property of the Indian or Indian tribe...


For purposes of this part, the archaeological value of any archaeological resource involved in a violation of the prohibitions in Sec. 296.4 of this part or...


person who has violated any prohibition contained in Sec. 296.4 or who has violated any term or condition included in a permit issued in accordance with the Act and this...


has not committed any previous violation of any prohibition in Sec. 296.4 or of any term or condition included in a permit issued pursuant to this part, the maximum...


criminal penalties. Section 8(b) of the Act provides that archaeological resources, vehicles, or equipment involved in a violation may be subject to forfeiture. ...


to the public, under subchapter II of chapter 5 of title 5 of the United States Code or any other provision of law, information concerning the nature and location of...


such information as is necessary to enable the Secretary to comply with section 13 of the Act and comprehensively report on activities carried out under provisions of...


of the need to protect important archaeological resources located on public and Indian lands. Educational activities required by section 10(c) of the Act should...


the Board of the Tennessee Valley Authority will develop plans for surveying lands under each agency's control to determine the nature and extent of archaeological...


provides for the protection of the free-flowing, scenic, and natural values of rivers designated as components or potential components of the National Wild and Scenic...


[Code of Federal Regulations] [Title 36, Volume 2] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR297.2] [Page 424] TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE PART 297--WILD AND SCENIC RIVERS--Table of Contents Subpart A--Water Resources Projects Sec. 297.2 Scope and application. These rules apply to Federal assistance in the construction of water resources projects affecting Wild and Scenic Rivers or Study Rivers administered in whole or part by the Secretary of Agriculture. ...


U.S.C. 1271-1288). Construction means any action carried on with Federal assistance affecting the free-flowing characteristics or the scenic or natural values of a...


be issued for a Federally assisted water resources project on any portion of a Wild and Scenic River or Study River nor can appropriations be requested to...


Federal license, permit, or other authorization if, as a finding of fact, it is determined that: (1) The water resources project will not have a direct and adverse...


water resources project shall be made in compliance with the National Environmental Policy Act (NEPA). To the extent possible, authorizing agencies should ensure that...




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