36 Cfr 223.9-223.11

Forest Service, USDA

§ 223.9
cases of emergency, but the person taking such material shall promptly notify the district ranger. Small quantities of material needed by transients
while in the forest may also be taken
without permit; subject to such rules
as may be prescribed pursuant to
§ 261.70. In all other cases permits will
be required for green material.

§ 223.5 Scope of free use granted to individuals.
(a) Free use may be granted to individuals for firewood for personal use,
except that such use may be limited to
bona fide settlers, miners, residents
and prospectors living within or immediately adjacent to the National Forest
when the available supply is insufficient to meet the total demand. Free
use may be granted to such bona fide
settlers, miners, residents and prospectors for minerals, for fencing, building, mining, prospecting and domestic
purposes.

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

(Sec. 1, 30 Stat. 35, as amended; 16 U.S.C. 477,
551)

(b) Free use will be granted individuals primarily to aid in the protection
and silvicultural improvement of the
forests. Except in unusual cases, the
material will be restricted to dead, insect-infested, or diseased timber, logging debris, and thinnings. Other material may be granted in unusual cases
where its refusal would cause unwarranted hardship. Where limited supply
or other conditions justify such action,
the free use of green material may be
refused.

[42 FR 28252, June 2, 1977. Redesignated at 49
FR 2760–2761, Jan. 23, 1984, as amended at 71
FR 525, Jan. 4, 2006]

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

§ 223.9 Free use to owners of certain
mining claims.

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

Free use will be granted to an owner
of a mining claim located subsequent
to July 23, 1955, or of a mining claim
which is otherwise subject to Section 4
of the Act of July 23, 1955 (69 Stat. 367),
if at any time said claim owner requires more timber for his mining operations, in connection with that claim,
than is available on that claim because
of Forest Service timber disposal
therefrom subsequent to location of
that claim. He will be granted, free of
charge, timber from the nearest National Forest land which is ready for
harvesting under the applicable management plan, substantially equivalent
in kind and quantity to that estimated
by the Forest Service to have been cut
under Forest Service authorization
from the claim subsequent to its location, Forest officers may be delegated
authority to grant amounts of timber

cprice-sewell on PROD1PC62 with CFR

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

§ 223.7 Permission for free use of timber outside free-use areas.
Similar material may be cut outside
of a free-use area without permit in

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§ 223.10

36 CFR Ch. II (7–1–07 Edition)

not in excess of those which these officers are authorized to sell in commercial sales.

§ 223.12 Permission to cut, damage, or
destroy trees without advertisement.
Permission may be granted to cut,
damage, or destroy trees, portions of
trees, or other forest products on National Forest System lands without advertisement when necessary for the occupancy of a right-of-way or other authorized use of National Forest System
land. Payment for timber of merchantable size and quality will be required at
its appraised value, but at not less
than applicable minimum prices established by Regional Foresters, and payment will be required for young growth
timber below merchantable size at its
damage appraisal value. Payment will
not be required:
(a) For timber necessarily killed or
cut in connection with land uses which
are of substantial benefit to the National Forests;
(b) For timber necessarily killed or
cut and used by the permittee which
would have been granted free under
other applicable regulations; or
(c) For timber which will be cut by
the permittee which the Forest Service
retains for sale in log or other product
form.

(Sec. 4, 69 Stat. 368, 16 U.S.C. 612)

§ 223.10 Free use to Alaskan settlers,
miners, residents, and prospectors.
Bona fide settlers, miners, residents,
and prospectors for minerals in Alaska
may take free of charge green or dried
timber from the National Forests in
Alaska for personal use but not for
sale. Permits will be required for green
saw timber. Other material may be
taken without permit. The amount of
material granted to any one person in
1 year shall not exceed 10,000 board feet
of saw timber and 25 cords of wood, or
an equivalent volume in other forms.
Persons obtaining materials shall, on
demand, forward to the supervisor a
statement of the quantity taken and
the location from which it was removed.
(Sec. 1, 30 Stat. 35, 16 U.S.C. 477)

cprice-sewell on PROD1PC62 with CFR

§ 223.11 Free
agencies.

use

to

other

Federal

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

(Sec. 1, 30 Stat. 35, as amended, 16 U.S.C. 551)

§ 223.13 Compliance.
Forest officers authorizing free use
shall ensure 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. 1301, Pub. L. 95–465)

§ 223.14 Where timber may be cut.
(a) The cutting of trees, portions of
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 such reservation.
(2) Timber reserved from cutting
under other regulations.
(3) Timber on unpatented mining
claims located prior to July 23, 1955,
unless the claimant has executed a
waiver pursuant to section 6 of the Act
of July 23, 1955 (69 Stat. 367), or unless
pursuant to a proceeding under Section

(38 Stat. 1100, as amended; 16 U.S.C. 492)

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